USA v. Babajan Khoshabe

22-1412 | U.S. Court of Appeals, Seventh Circuit

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Filed March 15, 2022
Terminated Jan. 23, 2023
Original Case 1:15-cr-00515
Last Updated: 1 year, 7 months ago Show Interactive Timeline
Filing Date # Docket Text
2/14/2023FOR COURT USE ONLY: Certified copy of 01/23/2023 Final Order with Mandate sent to the District Court Clerk & U.S. Probation. [7291090-2] [7291090] [22-1412] (GW) [Entered: 02/14/2023 10:16 AM]
2/14/2023Mandate issued. No record to be returned. [44] [7291088] [22-1412] (GW) [Entered: 02/14/2023 10:12 AM]
1/23/2023
  • Order
ORDER re: Notice of appellant’s death and joint motion to vacate conviction and remand for dismissal. The parties have notified the court that the appellant died during the pendency of his direct criminal appeal. Accordingly, the motion is GRANTED, the district court’s judgment of conviction is VACATED, and this appeal is REMANDED to the district court for dismissal of the indictment. United States v. Volpendesto, 755 F.3d 448, 454 (7th Cir. 2014); United States v. Zizzo, 120 F.3d 1338, 1346 (7th Cir. 1997). [41] Ilana Diamond Rovner, Circuit Judge; Thomas L. Kirsch II, Circuit Judge and Candace Jackson-Akiwumi, Circuit Judge. [43] [7286330] [22-1412] (HTP) [Entered: 01/23/2023 09:49 AM]
1/20/2023Filed letter from Appellant Albert Rossini regarding appeal. [42] [7286169] [21-3115] (MAN) [Entered: 01/20/2023 01:47 PM]
1/13/2023
  • Motion
Motion filed by Appellee USA in 22-1412 to dismiss case. [41] [7284775] [22-1412] (Chung, Ashley) [Entered: 01/13/2023 12:22 PM]
1/9/2023
  • Motion to Extend Time to File BriefGranted
Order issued GRANTING motion to extend time to file appellee's consolidated brief. [39] Appellee's brief due on or before 02/16/2023 for United States of America. Appellants' reply briefs, if any, is due on or before 03/09/2023 for Appellants Albert Rossini and Babajan Khoshabe. CDH [40] [7283651] [21-3115, 22-1412] (FP) [Entered: 01/09/2023 05:00 PM]
1/9/2023
  • Motion
Motion filed by Appellee USA in 21-3115, 22-1412 to extend time to file appellee brief. [39] [7283426] [21-3115, 22-1412] (Chung, Ashley) [Entered: 01/09/2023 11:26 AM]
12/19/2022Prose Letter motion filed by Appellant Albert Rossini asking counsel to file supplemental brief . 1 copy supplemental brief tendered. [38] [7280117] [21-3115]--[Edited 12/21/2022 by FP to reflect correct document tyrpe.] (MAN) [Entered: 12/19/2022 03:54 PM]
12/8/2022
  • Motion to Extend Time to File BriefGranted
Order issued GRANTING motion to extend time to file appellee's brief. [36] Appellee's brief due on or before 01/17/2023 for United States of America. Appellants' reply briefs, if any, are due on or before 02/07/2023 for Appellants Albert Rossini and Babajan Khoshabe. SCR [37] [7278143] [21-3115, 22-1412] (FP) [Entered: 12/08/2022 03:37 PM]
12/8/2022
  • Motion
Motion filed by Appellee USA in 21-3115, 22-1412 to extend time to file Brief. [36] [7278072] [21-3115, 22-1412] (Chung, Ashley) [Entered: 12/08/2022 01:34 PM]
12/7/2022
  • OrderDenied
Order issued DENYING motion to terminate attorney representation and for permission to file pro se supplement to appellant brief. [7274264-2] DW [35] [7277720] [21-3115] (ER) [Entered: 12/07/2022 12:34 PM]
11/18/2022Filed status report by Appellant Albert Rossini in 21-3115. [34] [7274386] [21-3115, 22-1412] (Butler, Clarence) [Entered: 11/18/2022 08:47 PM]
11/9/2022
  • Motion to Extend Time to File BriefGranted
Order issued GRANTING motion to extend time to file appellee's consolidated brief. [31] Appellee's consoliddated brief due on or before 12/16/2022 for United States of America. Appellants' reply briefs, if any, is due on or before 01/06/2023 for Appellants Albert Rossini and Babajan Khoshabe. CDH [33] [7272463] [21-3115, 22-1412] (FP) [Entered: 11/09/2022 02:13 PM]
11/8/2022NOTICE: Attorney Ashley Chung for Appellee USA in 21-3115, 22-1412 will not be available for oral argument January 9-13, January 17-20, February 21-24, May 15-19, or June 6-7, 2023. [32] [7272110] [21-3115, 22-1412] (Chung, Ashley) [Entered: 11/08/2022 01:22 PM]
11/8/2022
  • Motion
Motion filed by Appellee USA in 21-3115, 22-1412 to extend time to file appellee brief. [31] [7272103] [21-3115, 22-1412] (Chung, Ashley) [Entered: 11/08/2022 01:15 PM]
10/19/2022Re-Submitted appellant brief by Clarence Butler, Jr. for Appellant Albert Rossini in 21-3115. [29] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7267571] [21-3115, 22-1412] (Butler, Clarence) [Entered: 10/19/2022 11:55 AM]
10/14/2022Appellant's brief filed by Appellant Albert Rossini. Paper copies due on 10/21/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [30] [7267631] [21-3115] (SK) [Entered: 10/19/2022 02:22 PM]
10/14/2022Brief deficiency letter sent to Appellant Albert Rossini. [28] [7266726] [21-3115] (SK) [Entered: 10/14/2022 04:46 PM]
10/14/2022Submitted appellant brief by Clarence Butler, Jr. for Appellant Albert Rossini in 21-3115. [27] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7266714] [21-3115, 22-1412] (Butler, Clarence) [Entered: 10/14/2022 04:28 PM]
9/19/2022
  • Order
AMENDED ORDER re: 1. Response to rule to show cause-criminal appeal for appellant. 2. Response to rule to show cause-criminal appeal for appellant. The request for extension is GRANTED only to the extent that briefing shall proceed as follows: [25] [23] Appellants' briefs due on or before 10/17/2022 for Albert Rossini and Babajan Khoshabe. Appellee's brief due on or before 11/16/2022 for United States of America. Appellants' reply briefs, if any, is due on or before 12/07/2022 for Appellants Albert Rossini and Babajan Khoshabe 09/16/2022. The order to show cause is SUSPENDED pending compliance with this order. No further extensions will be allowed. Attorney Clarence Butler, Jr. is warned that failure to file the appellant’s opening brief by October 17, 2022, will result in dismissal of this appeal and an order to show cause why disciplinary proceedings should not be instituted against him, pursuant to Circuit Rule 31(c)(1). SCR [7261335] [21-3115, 22-1412] (HTP) [Entered: 09/19/2022 12:29 PM]
9/12/2022
  • Motion
Motion filed by Appellant Albert Rossini in 21-3115 to correct Erroneous Electronic Docket [48] Description Correction. [25] [7259747] [21-3115, 22-1412] (Butler, Clarence) [Entered: 09/12/2022 09:28 AM]
9/12/2022
  • Motion
Motion Response to rule to show cause - criminal appeal for appellant, filed by Appellant Albert Rossini in 21-3115. to extend time to file appellant brief. [24] [7259719] [21-3115, 22-1412]--[Edited 09/12/2022 by CG to reflect correct document title.] (Butler, Clarence) [Entered: 09/12/2022 08:25 AM]
9/7/2022Filed Showcause Response by Appellant Albert Rossini in 21-3115. Submitted appellant brief by Clarence Butler Jr. for Appellant Albert Rossini in 21-3115. [23] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7259171] [21-3115, 22-1412]--[Edited 09/08/2022 by HTP to reflect response filed] (Butler, Clarence) [Entered: 09/07/2022 11:46 PM]
8/25/2022
  • Order
ORDER: Briefing is SUSPENDED in this appeal pending resolution of the order to show cause in appeal no. 21-3115. SCR [22] [7256647] [21-3115, 22-1412] (AD) [Entered: 08/25/2022 11:34 AM]
8/24/2022
  • Order
ORDER: Appellant Albert Rossini is directed to showcause as to why disciplinary action should not be taken pursuant to C.R. 31(c)(1), for failing to prosecute this appeal. GW. Briefing is SUSPENDED pending further court order. Response to Rule to Showcause due for Appellant Albert Rossini by 09/07/2022. [21] [7256369] [21-3115] (GW) [Entered: 08/24/2022 09:41 AM]
7/11/2022
  • Motion to Extend Time to File BriefGranted
ORDER issued GRANTING fifth motion to extend time to file appellant's brief. [19] 1. The appellant in appeal no. 21-3115 shall file his opening brief by August 11, 2022. 2. The plaintiff-appellee shall file its consolidated brief on or before September 12, 2022. 3. The defendants-appellants shall file their respective reply briefs, if any, on or before October 3, 2022. No further extensions of time will be allowed, except in extraordinary circumstances. CMD [20] [7247240] [21-3115, 22-1412] (PS) [Entered: 07/11/2022 11:17 AM]
7/11/2022
  • Motion
Motion filed by Appellant Albert Rossini and Appellee USA in 21-3115 , Appellant Babajan Khoshabe and Appellee USA in 22-1412 to extend time to file appellant brief. [19] [7247114] [21-3115, 22-1412]--[Edited 07/11/2022 by PS - to clarify filing party.] (Butler, Clarence) [Entered: 07/11/2022 08:21 AM]
6/16/2022Terminated Attorney Michelle Marie Petersen for USA in 21-3115 and USA in 22-1412 and added Attorney(s) Ashley Chung for party(s) Appellee USA, in case 21-3115 Attorney(s) Ashley Chung for party(s) Appellee USA, in case 22-1412 pursuant to email notification from the Office of the U.S. Attorney regarding counsel of record. [7242874-2] [7242874] [21-3115, 22-1412] (CMD) [Entered: 06/16/2022 10:23 AM]
6/13/202218Paper copies of appellant brief filed by Appellant Babajan Khoshabe. [18] [7242051] [22-1412] (LJ) [Entered: 06/13/2022 12:42 PM]
6/10/2022
  • Motion to Extend TimeGranted
ORDER re: Fourth motion for a 30-day extension of time all based on extenuating serious medical cicumstances documented, chronicled and delineated in perviously submitted photographic medical exhibits to this court, filed on 6/9/2022, filed on 6/9/2022. The motion is GRANTED. 1. The appellant in appeal 21-3115 shall file his opening brief by July 11, 2022. 2. The plaintiff-appellee shall file its consolidated brief on or before August 10, 2022. 3. The defendants-appellants shall file their respective reply briefs, if any, on or before August 31, 2022. Appellant Rossini is expected to meet this deadline. [16] CMD [17] [7241804] [21-3115, 22-1412] (FP) [Entered: 06/10/2022 02:21 PM]
6/10/2022Exhibits to Motion filed by Appellant Albert Rossini in 21-3115 to extend time to file appellant brief. [16] [7241644] [21-3115, 22-1412]--[Edited 06/10/2022 by AD to reflect proper document filed.] (Butler, Clarence) [Entered: 06/10/2022 05:37 AM]
6/9/2022
  • Motion
Motion filed by Appellant Albert Rossini in 21-3115 to file Motion For Extension Of Time. [15] [7241637] [21-3115, 22-1412] (Butler, Clarence) [Entered: 06/09/2022 04:53 PM]
6/9/2022Appellant's brief filed by Appellant Babajan Khoshabe. Paper copies due on 06/16/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [14] [7241529] [22-1412] (LJ) [Entered: 06/09/2022 12:44 PM]
6/9/2022Submitted appellant brief by Vadim A. Glozman for Appellant Babajan Khoshabe in 22-1412. [13] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7241528] [22-1412, 21-3115] (Glozman, Vadim) [Entered: 06/09/2022 12:40 PM]
5/26/2022FOR COURT USE ONLY: Certified copy of 05/26/2022 Bond/Release Order sent to the District Court Clerk. [7238779-2] [7238779] [22-1412] (PS) [Entered: 05/26/2022 01:08 PM]
5/26/2022
  • Motion to StayDenied
ORDER re: 1. Motion for stay of surrender pending appeal. 2. Transcript of Proceedings. 3. Government's response to motion for bond pending appeal. [7] [10] [11] The motion is DENIED. See Fed. R. App. P. 9(b); 18 U.S.C. §§ 3143(b), 3145(c). NER [12] [7238773] [22-1412] (PS) [Entered: 05/26/2022 12:49 PM]
5/23/2022Filed Response in Opposition by Appellee USA in 22-1412, 21-3115 to Appellant's Motion for Stay of Surrender Pending Appeal. [11][7238037] [22-1412, 21-3115] (Petersen, Michelle) [Entered: 05/23/2022 11:09 PM]
5/16/2022Filed Attorney Response Transcript of Proceedings by Appellant Babajan Khoshabe in 22-1412 to court order of 05/13/2022. [10][7236308] [22-1412, 21-3115]--[Edited 05/16/2022 by CG to reflect document filed.] (Glozman, Vadim) [Entered: 05/16/2022 12:11 PM]
5/13/2022Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Matthew P. Kralovec for Appellant Babajan Khoshabe. [9] [7236127] (L-No; E-Yes; R-No) [22-1412][9] [7236127] [22-1412]--[Edited 05/13/2022 by HTP to reflect addition of counsel.] (Kralovec, Matthew) [Entered: 05/13/2022 03:35 PM]
5/13/2022
  • Motion to Stay
ORDER re: Motion for stay of surrender pending appeal. The appellee shall file a response to the motion on or before May 23, 2022. The appellant shall file a transcript of the May 4, 2022, hearing at which the district court denied his motion for bail pending appeal as soon as possible but no later than May 23, 2022. See Fed. R. App. P. 8, 9; Cir. R. 8, 9. NER [8] [7235976] [22-1412] (CG) [Entered: 05/13/2022 09:13 AM]
5/9/2022Terminated Attorney Andrianna D. Kastanek and added Attorney Michelle Marie Petersen for Appellee USA in 21-3115 & 22-1412, pursuant to email notification from the Office of the U.S. Attorney regarding counsel of record. [7235047-2] [7235047] [21-3115, 22-1412] (JR) [Entered: 05/09/2022 04:31 PM]
5/9/2022
  • Motion
Motion filed by Appellant Babajan Khoshabe in 22-1412 for stay of surrender pending appeal. [7] [7234895] [22-1412, 21-3115] (Glozman, Vadim) [Entered: 05/09/2022 12:42 PM]
4/22/20226NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Michael D. Ettinger for Appellant Babajan Khoshabe has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [6] [7231398] [22-1412] (LJ) [Entered: 04/22/2022 11:01 AM]
4/18/2022
  • Motion to Extend Time to File BriefGranted
ORDER issued GRANTING motion to extend time to file appellant's brief. [4] Appellant's brief due on or before 06/09/2022 for Albert Rossini and Babajan Khoshabe. Appellee's brief due on or before 07/11/2022 for United States of America. Appellant's reply brief, if any, is due on or before 08/01/2022 for Appellants Albert Rossini and Babajan Khoshabe. CMD [5] [7230336] [21-3115, 22-1412] (AD) [Entered: 04/18/2022 12:50 PM]
4/18/2022
  • Motion
Motion filed by Appellant Babajan Khoshabe in 22-1412 to extend time to file appellant brief. [4] [7230270] [22-1412, 21-3115] (Glozman, Vadim) [Entered: 04/18/2022 10:23 AM]
3/27/2022Filed Seventh Circuit Transcript Information Sheet by Appellant Babajan Khoshabe in 22-1412. [3] [7225439] [22-1412, 21-3115] (Glozman, Vadim) [Entered: 03/27/2022 12:48 PM]
3/18/2022
  • Order
ORDER: The court orders these appeals CONSOLIDATED for purposes of briefing and disposition: The briefing schedule is as follows: Appellant's brief due on or before 04/25/2022 for Albert Rossini and Babajan Khoshabe. Appellee's brief due on or before 05/25/2022 for United States of America. Appellant's reply brief, if any, is due on or before 06/15/2022 for Appellants Albert Rossini and Babajan Khoshabe. (See order for details.) DW [2] [7223709] [21-3115, 22-1412] (CG) [Entered: 03/18/2022 09:06 AM]
3/15/2022Criminal case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 03/29/2022. Appellant's brief due on or before 04/25/2022 for Babajan Khoshabe. [1] [7223190] [22-1412] (PS) [Entered: 03/15/2022 04:35 PM]