USA v. Sarah Kelley

22-10106 | U.S. Court of Appeals, Ninth Circuit

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Filed April 25, 2022
Terminated Sept. 14, 2023
Judges GOULD, HURWITZ, and BUMATAY
Original Case 2:19-cr-01143
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Filing Date # Docket Text
9/14/2023Opinion (Criminal)
9/14/2023FILED MEMORANDUM DISPOSITION (RONALD M. GOULD, ANDREW D. HURWITZ and PATRICK J. BUMATAY) AFFIRMED. FILED AND ENTERED JUDGMENT. [12792109] (MM) [Entered: 09/14/2023 09:20 AM]
9/12/202334SUBMITTED ON THE BRIEFS TO RONALD M. GOULD, ANDREW D. HURWITZ and PATRICK J. BUMATAY. [12791020] (KAD) [Entered: 09/12/2023 03:59 PM]
8/29/2023Filed clerk order (Deputy Clerk: MCD): The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. This case shall be submitted on the briefs and record, without oral argument, on September 12, 2023, in Phoenix, Arizona. See Fed. R. App. P. 34(a)(2)(C). [12783102] (AF) [Entered: 08/29/2023 04:32 PM]
7/3/202332Filed (ECF) Acknowledgment of hearing notice by Attorney Caitlin Bales Noel for Appellee USA. Hearing in Other (Phoenix, AZ - Sandra Day O'Connor U.S. Courthouse) on 09/12/2023 at 10:30 A.M. (Courtroom: Ceremonial Courtroom). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/03/2023. [12747707] [22-10106] (Noel, Caitlin) [Entered: 07/03/2023 10:15 AM]
7/3/2023Authorization for CJA attorney Ms. Elizabeth Richardson-Royer for Sarah Nicole Kelley to travel to Phoenix to attend oral argument on 09/12/2023. See attached letter for details. [12747524] (CSR) [Entered: 07/03/2023 08:38 AM]
7/3/202330Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Elizabeth Richardson-Royer for Appellant Sarah Nicole Kelley. Hearing in Other (Phoenix) on 09/12/2023 at 10:30 a.m. (Courtroom: Ceremonial Courtroom). Filer sharing argument time: No. Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/03/2023. [12747469] [22-10106] (Richardson-Royer, Elizabeth) [Entered: 07/03/2023 06:42 AM]
7/2/202329Notice of Oral Argument on Tuesday, September 12, 2023 - 10:30 A.M. - Ceremonial Ctrm Phoenix - Scheduled Location: Phoenix AZ.
The hearing time is the local time zone at the scheduled hearing location.

View the Oral Argument Calendar for your case here.

NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.

Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.

Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).

If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, September 12, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12747388]. [22-10106] (KS) [Entered: 07/02/2023 06:09 AM]
5/25/2023Filed (ECF) Attorney Caitlin Bales Noel for Appellee USA response to notice for case being considered for oral argument. Date of service: 05/25/2023. [12722446] [22-10106] (Noel, Caitlin) [Entered: 05/25/2023 09:01 AM]
5/24/202327This case is being considered for an upcoming oral argument calendar in Phoenix

Please review the Phoenix sitting dates for September 2023 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.

When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.

If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[12721936]. [22-10106] (KS) [Entered: 05/24/2023 12:01 PM]
3/27/202326Received 6 paper copies of Answering Brief [23] filed by USA. [12682835] (SD) [Entered: 03/27/2023 03:36 PM]
3/23/2023Filed clerk order: The answering brief [23] submitted by USA is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [12680809] (LA) [Entered: 03/23/2023 03:55 PM]
3/23/202324Filed (ECF) presentence report UNDER SEAL by Appellee USA. [12680113] [22-10106] (Noel, Caitlin) [Entered: 03/23/2023 09:06 AM]
3/23/2023Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 03/23/2023. [12680112] [22-10106] (Noel, Caitlin) [Entered: 03/23/2023 09:05 AM]
1/31/202322Streamlined request [21] by Appellee USA to extend time to file the brief is approved. Amended briefing schedule: Appellee brief due 03/23/2023 for United States of America. The optional reply brief is due 21 days from the date of service of the answering brief. [12643355] (DLM) [Entered: 01/31/2023 03:13 PM]
1/31/202321Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USA. New requested due date is 03/23/2023. [12643216] [22-10106] (Noel, Caitlin) [Entered: 01/31/2023 01:53 PM]
1/24/202320Received 6 paper copies of Opening Brief [16] filed by Sarah Nicole Kelley. [12637475] (SD) [Entered: 01/24/2023 02:34 PM]
1/24/202319Received 3 paper copies of excerpts of record [17] in 3 volume(s) and index volume filed by Appellant Sarah Nicole Kelley. [12637473] (SD) [Entered: 01/24/2023 02:33 PM]
1/23/2023Filed clerk order: The opening brief [16] submitted by Sarah Nicole Kelley is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [17] submitted by Sarah Nicole Kelley are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12635833] (LA) [Entered: 01/23/2023 11:08 AM]
1/20/2023Submitted (ECF) excerpts of record. Submitted by Appellant Sarah Nicole Kelley. Date of service: 01/20/2023. [12635023] [22-10106] (Richardson-Royer, Elizabeth) [Entered: 01/20/2023 02:18 PM]
1/20/2023Submitted (ECF) Opening Brief for review. Submitted by Appellant Sarah Nicole Kelley. Date of service: 01/20/2023. [12635017] [22-10106] (Richardson-Royer, Elizabeth) [Entered: 01/20/2023 02:16 PM]
1/10/2023Filed clerk order (Deputy Clerk: GS): Granting Motion [14] (ECF Filing) filed by Appellant Sarah Nicole Kelley; Appellant brief and excerpts due by 01/20/2023 for Sarah Nicole Kelley. Appellee brief due 02/21/2023 for United States of America. The optional reply brief is due 21 days after service of the answering brief. [12627139] (GS) [Entered: 01/10/2023 12:03 PM]
1/9/2023Filed (ECF) Appellant Sarah Nicole Kelley Unopposed Motion to extend time to file Opening brief until 01/20/2023. Date of service: 01/09/2023. [12625987] [22-10106] (Richardson-Royer, Elizabeth) [Entered: 01/09/2023 01:13 PM]
11/22/2022Filed clerk order (Deputy Clerk: GS): Granting Motion [12] (ECF Filing) filed by Appellant Sarah Nicole Kelley; Appellant brief and excerpts due by 01/10/2023 for Sarah Nicole Kelley. Appellee brief due 02/09/2023 for United States of America. The optional reply brief is due 21 days after service of the answering brief. [12594133] (GS) [Entered: 11/22/2022 01:35 PM]
11/22/2022Filed (ECF) Appellant Sarah Nicole Kelley Unopposed Motion to extend time to file Opening brief until 01/10/2023. Date of service: 11/22/2022. [12593436] [22-10106] (Richardson-Royer, Elizabeth) [Entered: 11/22/2022 06:19 AM]
9/27/2022Filed clerk order (Deputy Clerk: GS): Granting Motion [10] (ECF Filing) filed by Appellant Sarah Nicole Kelley; Appellant brief and excerpts due by 12/02/2022 for Sarah Nicole Kelley. Appellee brief due 01/03/2023 for United States of America. The optional reply brief is due 21 days after service of the answering brief. [12550634] (GS) [Entered: 09/27/2022 12:56 PM]
9/23/2022Filed (ECF) Appellant Sarah Nicole Kelley Unopposed Motion to extend time to file Opening brief until 12/02/2022. Date of service: 09/23/2022. [12547961] [22-10106] (Richardson-Royer, Elizabeth) [Entered: 09/23/2022 01:23 PM]
7/6/20229Criminal Justice Act electronic voucher created. (Counsel: Ms. Elizabeth Richardson-Royer for Sarah Nicole Kelley) [12487698] (BJK) [Entered: 07/06/2022 03:25 PM]
6/30/20228Received email notice of CJA counsel of record appointment. Attorney(s) Elizabeth Richardson-Royer for party(s) Appellant Sarah Nicole Kelley, in case 22-10106. MINUTE ORDER APPOINTING APPELLATE COUNSEL re: [160] Notice of Appeal: CJA Attorney Elizabeth Richardson-Royer for Sarah Nicole Kelley appointed effective: 6/28/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. [12484139]--[COURT UPDATE: Attached PDF of notice. 06/30/2022 by RY]--[Edited: Removed PDF and updated docket text to reflect text entry only. 07/01/2022 by RY] (DJV) [Entered: 06/30/2022 01:38 PM]
6/27/20227Terminated Molly Alana Karlin for Sarah Nicole Kelley in 22-10106 [12480503] (AF) [Entered: 06/27/2022 11:09 AM]
6/27/2022Filed order (Appellate Commissioner): The motion of appellant’s appointed counsel, Molly Alana Karlin, Esq., to withdraw as counsel of record and to appoint new counsel (Docket Entry No. [5]) is granted. The Clerk will electronically serve this order on the appointing authority for the District of Arizona, who will locate appointed counsel. The appointing authority is requested to send notification of the name, address, and telephone number of appointed counsel to the Clerk of this court at counselappointments@ca9.uscourts.gov within 14 days of locating counsel. The opening brief and excerpts of record are due October 3, 2022; the answering brief is due November 2, 2022; and the optional reply brief is due within 21 days after service of the answering brief. The Clerk will serve this order on former counsel. Within 21 days of this order, appellee must (1) serve this order and former counsel’s motion to withdraw on appellant individually and (2) provide this court with proof of service, including appellant’s address and registration number. [12480500] (AF) [Entered: 06/27/2022 11:09 AM]
6/21/2022Filed (ECF) Appellant Sarah Nicole Kelley motion. Attorney(s) Attorney Molly Alana Karlin, Esquire for Appellant Sarah Nicole Kelley motion to withdraw as counsel. Date of service: 06/21/2022. [12475722] [22-10106] (Karlin, Molly) [Entered: 06/21/2022 12:53 PM]
5/3/20224Terminated Christine Whalin for Sarah Nicole Kelley in 22-10106 [12436580] (DJV) [Entered: 05/03/2022 07:41 AM]
5/3/2022Received copy of District Court order filed on 04/27/2022 to withdraw as counsel is granted [12436578] (DJV) [Entered: 05/03/2022 07:40 AM]
5/3/20222Received email notice of counsel of record appointment. Attorney(s) Molly Alana Karlin for party(s) Appellant Sarah Nicole Kelley, in case 22-10106. [12436576] (DJV) [Entered: 05/03/2022 07:37 AM]
4/25/2022DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: 46 Months. Transcript ordered by 05/16/2022. Transcript due 06/15/2022. Appellant briefs and excerpts due by 07/25/2022 for Sarah Nicole Kelley. Appellee brief due 08/24/2022 for United States of America. Appellant's optional reply brief is due 21 days after service of the answering brief. [12430250] (ABT) [Entered: 04/25/2022 02:20 PM]