To: Janice Shell who wrote (7035 ) 10/9/2007 10:15:52 PM From: Q. Read Replies (2) | Respond to of 7056 Wilcher's appeal case is grinding along. Here's the docket so far: General Docket US Court of Appeals for the Ninth Circuit Court of Appeals Docket #: 06-10710 Filed: 11/30/06 Nsuit: 0 USA v. Wilcher Appeal from: District of Arizona (Phoenix) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Case type information: 1) criminal 2) Sentence & Conviction 3) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lower court information: District: 0970-2 : CR-03-01098-1-EHC presiding judge: Earl H. Carroll, District Judge court reporter: David Lee, Court Reporter court reporter: Linda Schroeder-Willis, Court Reporter court reporter: Laurie Adams, Court Reporter court reporter: Candy Potter, Court Reporter Date Filed: 10/7/04 Date order/judgment: 11/16/06 Date NOA filed: 11/16/06 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Fee status: in forma pauperis - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Prior cases: None Current cases: None Docket as of October 3, 2007 11:18 pm Page 1 06-10710 USA v. Wilcher UNITED STATES OF AMERICA John Robert Lopez, IV, Esq. Plaintiff - Appellee FAX 602/514-7450 602/514-7528 Ste. 1200 [COR LD NTC aus] USPX - OFFICE OF THE U.S. ATTORNEY Two Renaissance Square 40 N. Central Ave. Phoenix, AZ 85004-4408 v. JEANETTE WILCHER Daniel L. Kaplan, Esq. Defendant - Appellant 602/382-2767 Ste. 201 [COR LD NTC aus] FPDAZ - FEDERAL PUBLIC DEFENDER'S OFFICE (PHOENIX) 850 W. Adams St. Phoenix, AZ 85007-2730 Docket as of October 3, 2007 11:18 pm Page 2 06-10710 USA v. Wilcher UNITED STATES OF AMERICA Plaintiff - Appellee v. JEANETTE WILCHER Defendant - Appellant Docket as of October 3, 2007 11:18 pm Page 3 06-10710 USA v. Wilcher 11/30/06 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Filed in D.C. on 11/16/06; setting schedule as follows: transcript shall be ordered by 12/11/06 for Jeanette Wilcher; transcript shall be filed by 1/10/07; appellants' briefs, excerpts due by 2/20/07 for Jeanette Wilcher; appellees' brief due 3/21/07 for USA; appellants' reply brief due by 4/4/07 for Jeanette Wilcher. ( RT required: y) ( Sentence imp 92 months) [06-10710] (ft) 12/4/06 Filed certificate of record on appeal RT filed in DC 11/29/06 [06-10710] (je) 12/11/06 Filed Jeanette Wilcher's motion for release pending appeal; served on 12/8/06 (MOATT) [6030675] [06-10710] (ba) 12/20/06 ***FAXED TO MOATT***Filed Appellee USA's response to motionn for bail pending appeal; served on 12/20/06. [06-10710] (ca) 12/21/06 Filed USA's pre-sentencing report UNDER SEAL. (MOATT w/bail motion) [06-10710] (ca) 12/21/06 Filed aple USA's response to mtn for bail pending appeal under Cir. R. 27-3; served on 12/20/06. (MOATT) [06-10710] (af) 1/4/07 Filed Appellant Jeanette Wilcher's reply re: motion for release pending appeal; served on 1/3/07. (MOATT) [06-10710] (ca) 1/5/07 Filed order (Barry G. SILVERMAN, Richard A. PAEZ): Applt's mtn for bail pending appeal is denied because applt has not shown that the appeal raises a "substantial question" of law or fact that is likely to result in the reversal, an order for a new trial, a sentence that does not include a term of imprisonment, or a reduced sentence to a term of imprisonment less that the total of the time already served plus the expected duration of the appeal process. (cite) The br sch established previously shall remain in effect. [FAXED TO PARTIES BY MOATT] [06-10710] (je) 2/14/07 14 day oral extension by phone to file Appellant's opening brief [06-10710]. Appellants' brief due 3/6/07; appellees' brief due 4/5/07; the optional reply brief is due 14 days after service of the answering brief. (lb) 3/6/07 Filed original and 15 copies Appellant Jeanette Wilcher opening brief ( Informal: no) 29 pages and five excerpts of record in 01 volume; served on 3/5/07 [06-10710] (gail) 3/22/07 14 day oral extension by phone of time to file Appellee's brief. [06-10710] appellees' brief due 4/19/07;the optional reply brief is due 14 days after service of the answering brief. (cg) Docket as of October 3, 2007 11:18 pm Page 4 06-10710 USA v. Wilcher 4/19/07 Filed original and 15 copies appellee USA's 35 pages brief, 01 Suppl Exc. vols: ; served on 4/17/07 [06-10710] (gail) 4/19/07 Filed pre-sentencing report UNDER SEAL. (RECORDS) [06-10710] (gail) 5/2/07 Filed original and 15 copies Jeanette Wilcher reply brief, ( Informal: no ) 8 pages and 5 suppl exc of record in 01 vol.; served on 5/1/07 [06-10710] (gail) 6/7/07 Calendar check performed [06-10710] (mw) 6/19/07 Calendar materials being prepared. [06-10710] [06-10710] (rg) 6/26/07 CALENDARED: SF Tue Aug 14, 2007 9:00 a.m. Courtroom 3 [06-10710] (rg) 7/31/07 Filed notice of appearance of Daniel L. Kaplan (Withdrew as counsel: attorney Deborah Euler-Ajayi for Jeanette Wilcher [06-10710] (gail) 8/1/07 Filed order (Deputy Clerk: jff) The court finds this case suitable for decision without oral arg. This case shall be submitted on the brfs and record, without oral arg, on 8/14/07, in SF, CA. (CITE) (PHONED COUNSEL) [06-10710] (gail) 8/14/07 SUBMITTED ON THE BRIEFS TO: Eugene E. Siler, M. M. McKEOWN, Carlos T. BEA. [06-10710] (rg) 8/24/07 Filed Jeanette Wilcher additional citations, served on 8/23/07 (PANEL) [06-10710] (gail) 8/27/07 Filed Appellant Jeanette Wilcher's motion to return case to argument calendar [06-10710] served on 8/24/07 [6272740] (PANEL) [06-10710] (gail) 8/29/07 FILED MEMORANDUM DISPOSITION: AFFIRMED ( Terminated on the Merits after Oral Hearing; Affirmed; Written, Unsigned, Unpublished. Eugene E. Siler, M. M. McKEOWN, Carlos T. BEA ) FILED AND ENTERED JUDGMENT. [06-10710] (gail) 9/12/07 [6287920] Filed original and 3 copies Appellant Jeanette Wilcher petition for rehearing, 8 p.pages, served on 9/11/07 (PANEL) [06-10710] (gail) 9/17/07 Filed order ( Eugene E. Siler, M. M. McKEOWN, Carlos T. BEA, ): Aplt's mtn to return case to argument calendar is denied as moot. [6287920-1] [06-10710] (gail) 9/21/07 MANDATE ISSUED [06-10710] (wp) Docket as of October 3, 2007 11:18 pm Page 5 06-10710 USA v. Wilcher 9/25/07 Filed order ( Eugene E. Siler, M. M. McKEOWN, Carlos T. BEA) The petition for panel rehearing is denied. [06-10710] (ln) 9/25/07 Filed order (Deputy Clerk: wp) The mandate issued on 9/21/07 is hereby recalled as being issued premature. [06-10710] (wp) 10/3/07 MANDATE ISSUED [06-10710] (gail) Docket as of October 3, 2007 11:18 pm Page 6