11/2/23, 10:42 PM USA v. Jeffrey Fortenberry, Docket No. 22-50144 (9th Cir.

Jun 29, 2022), Court Docket

Court Dockets
USA v. Jeffrey Fortenberry, Docket No. 22-50144 (9th Cir. Jun 29, 2022), Court Docket

United States Court of Appeals for the Ninth Circuit

Docket for Case #: 22-50144

USA v. Jeffrey Fortenberry

DOCKET INFORMATION Minimize

DATE FILED: Jun 29, 2022

STATUS: Open

ORIGINAL CASES: 2:21-cr-00491-SB-1 on 2021-10-19, U.S. District Court for

Central California, Los Angeles
District: 0973
NOA Date: Jun 29, 2022

PARTIES AND ATTORNEYS Expand All Minimize

UNITED STATES OF AMERICA

Plaintiff - Appellee,

JEFFREY FORTENBERRY
Defendant - Appellant,

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ENTRY FILED PDF DESCRIPTION

DOCKETED CAUSE AND ENTERED

APPEARANCES OF COUNSEL. Reporters
Transcript required: Yes. Sentence imposed: 2
years Probation. Transcript ordered by
07/20/2022. Transcript due 08/19/2022.
BL-1 Jun. 29, 2022 Request Appellant briefs and excerpts due by
09/28/2022 for Jeffrey Fortenberry. Appellee
brief due 10/28/2022 for United States of
America. Appellant's optional reply brief is
due 21 days after service of the answering
brief. [12483043] (ABT)

BL-2 Jun. 29, 2022 Request Filed (ECF) notice of appearance of Kannon
K. Shanmugam (Paul, Weiss, Rifkind,
Wharton and Garrison LLP - 2001 K Street,
NW, Washington, DC 20006) for Appellant
Jeffrey Fortenberry. Date of service:

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11/2/23, 10:42 PM USA v. Jeffrey Fortenberry, Docket No. 22-50144 (9th Cir. Jun 29, 2022), Court Docket

ENTRY FILED PDF DESCRIPTION

06/29/2022. (Party was previously proceeding

with counsel.) [12483092] [22-50144]
(Shanmugam, Kannon)

Filed (ECF) notice of appearance of Aimee W.

Brown (Paul, Weiss, Rifkind, Wharton and
Garrison LLP - 2001 K Street, NW,
BL-3 Washington, DC 20006) for Appellant Jeffrey
Jun. 29, 2022 Request
Fortenberry. Date of service: 06/29/2022.
(Party was previously proceeding with
counsel.) [12483096] [22-50144] (Brown,
Aimee)

Added Attorney(s) Kannon K. Shanmugam

BL-4 Jun. 29, 2022 Request for party(s) Appellant Jeffrey Fortenberry, in
case 22-50144. [12483334] (JFF)

Added Attorney(s) Aimee Woodward Brown

BL-5 Jun. 29, 2022 Request for party(s) Appellant Jeffrey Fortenberry, in
case 22-50144. [12483338] (JFF)

Filed (ECF) notice of appearance of Glen E.

Summers (Bartlit Beck LLP, 1801 Wewatta
Street, Suite 1200, Denver CO 80202) for
BL-6 Jun. 30, 2022 Request Appellant Jeffrey Fortenberry. Date of service:
06/30/2022. (Party was previously proceeding
with counsel.) [12483638] [22-50144]
(Summers, Glen)

Added Attorney(s) Glen E. Summers for

BL-7 Jun. 30, 2022 Request party(s) Appellant Jeffrey Fortenberry, in case
22-50144. [12483659] (NAC)

Filed (ECF) Streamlined request for extension

of time to file Opening Brief by Appellant
BL-8 Sep. 07, 2022 Request Jeffrey Fortenberry. New requested due date is
10/28/2022. [12535045] [22-50144] (Brown,
Aimee)

Streamlined request [8] by Appellant

Jeffrey Fortenberry to extend time to file
the brief is approved. Amended briefing
schedule: Appellant briefs and excerpts due
BL-9 Sep. 07, 2022 Request by 10/28/2022 for Jeffrey Fortenberry.
Appellee brief due 11/28/2022 for United
States of America. The optional reply brief
is due 21 days from the date of service of
the answering brief. [12535353] (BG)

Filed (ECF) Notice of withdrawal of counsel.

Filed by Attorney Ms. Aimee Woodward
Brown, Esquire for Appellant Jeffrey
BL-10 Sep. 22, 2022 Request Fortenberry. Party proceeding without
counsel: No. Date of service: 09/22/2022.
[12546402] [22-50144] (Shanmugam,
Kannon)

Terminated Aimee Woodward Brown for

BL-11 Sep. 22, 2022 Request
Jeffrey Fortenberry. [12546506] (RL)

Filed (ECF) notice of appearance of William

T. Marks (Paul, Weiss, Rifkind, Wharton &
Garrison LLP - 2001 K Street, NW,
Washington, DC 20006) for Appellant Jeffrey
BL-12 Oct. 28, 2022 Request
Fortenberry. Date of service: 10/28/2022.
(Party was previously proceeding with
counsel.) [12576096] [22-50144] (Marks,
William)

BL-13 Oct. 28, 2022 View Submitted (ECF) Opening Brief for review.
Submitted by Appellant Jeffrey Fortenberry.
Date of service: 10/28/2022. [12576097] [22-
50144]--[COURT UPDATE: attached

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11/2/23, 10:42 PM USA v. Jeffrey Fortenberry, Docket No. 22-50144 (9th Cir. Jun 29, 2022), Court Docket

ENTRY FILED PDF DESCRIPTION

corrected PDF of opening brief. 11/01/2022

by KT] (Shanmugam, Kannon)

Submitted (ECF) excerpts of record.

Submitted by Appellant Jeffrey Fortenberry.
BL-14 Oct. 28, 2022 Request
Date of service: 10/28/2022. [12576099] [22-
50144] (Shanmugam, Kannon)

Added Attorney(s) William Thomas Marks for

BL-15 Oct. 31, 2022 Request party(s) Appellant Jeffrey Fortenberry, in case
22-50144. [12576743] (JFF)

Filed clerk order: The opening brief submitted

by Jeffrey Fortenberry are filed. Within 7 days
of this order, filer is ordered to file 3 copies of
BL-16 Nov. 01,
Request the excerpts in paper format securely bound
2022
on the left side, with white covers. The paper
copies shall be submitted to the principal
office of the Clerk. [12577687] (KT)

Received 3 paper copies of excerpts of record

Nov. 07, in 9 volume(s) and index volume filed by
BL-17 Request
2022 Appellant Jeffrey Fortenberry. [12581524]
(SD)

BL-18 Nov. 07, Received 6 paper copies of Opening Brief

Request
2022 filed by Jeffrey Fortenberry. [12581528] (SD)

Filed (ECF) Streamlined request for extension

Nov. 21, of time to file Answering Brief by Appellee
BL-19 Request
2022 USA. New requested due date is 12/28/2022.
[12593146] [22-50144] (Alden, Bram)

Filed (ECF) notice of appearance of

Alexander P. Robbins (USAO-CDCA, 312 N
Spring St, Los Angeles, California) for
Nov. 21,
BL-20 Request Appellee USA. Date of service: 11/21/2022.
2022
(Party was previously proceeding with
counsel.) [12593290] [22-50144] (Robbins,
Alexander)

Added Attorney(s) Alexander Patrick Robbins

Nov. 22,
BL-21 Request for party(s) Appellee USA, in case 22-50144.
2022
[12593785] (JFF)

Streamlined request [19] by Appellee USA

to extend time to file the brief is approved.
Amended briefing schedule: Appellee brief
Nov. 22,
BL-22 Request due 12/28/2022 for United States of
2022
America. The optional reply brief is due 21
days from the date of service of the
answering brief. [12594379] (JN)

Filed (ECF) Appellee USA Unopposed

Dec. 21, Motion to extend time to file Answering brief
BL-23 Request
2022 until 01/27/2023. Date of service: 12/21/2022.
[12616138] [22-50144] (Robbins, Alexander)

Filed clerk order (Deputy Clerk: GS):

Granting Motion (ECF Filing) filed by
BL-24 Dec. 23, Appellee USA; Appellee brief due 01/27/2023
Request
2022 for United States of America. The optional
reply brief is due 21 days after service of the
answering brief. [12617249] (GS)

Submitted (ECF) Answering Brief for review.

Submitted by Appellee USA. Date of service:
BL-25 Jan. 27, 2023 View
01/27/2023. [12640694] [22-50144] (Robbins,
Alexander)

BL-26 Jan. 27, 2023 Request Filed clerk order: The answering brief
submitted by USA is filed. Within 7 days of
the filing of this order, filer is ordered to file 6

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11/2/23, 10:42 PM USA v. Jeffrey Fortenberry, Docket No. 22-50144 (9th Cir. Jun 29, 2022), Court Docket

ENTRY FILED PDF DESCRIPTION

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. [12640752] (KT)

Received 6 paper copies of Answering Brief

BL-27 Jan. 30, 2023 Request
filed by USA. [12642064] (SD)

Filed (ECF) Streamlined request for extension

of time to file Reply Brief by Appellant
BL-28 Feb. 01, 2023 Request Jeffrey Fortenberry. New requested due date is
03/20/2023. [12644154] [22-50144]
(Shanmugam, Kannon)

Streamlined request [28] by Appellant

Jeffrey Fortenberry to extend time to file
BL-29 Feb. 01, 2023 Request the brief is approved. Amended briefing
schedule: the optional reply brief is due
03/20/2023. [12644203] (BG)

Submitted (ECF) Reply Brief for review.

Mar. 20, Submitted by Appellant Jeffrey Fortenberry.
BL-30 View
2023 Date of service: 03/20/2023. [12678004] [22-
50144] (Shanmugam, Kannon)

COURT DELETED
INCORRECT/DUPLICATE ENTRY. Notice
about deletion sent to case participants
Mar. 20, registered for electronic filing. Correct Entry:
BL-31 Request
2023 Brief Submitted for Review (ECF Filing)).
Filed by Appellant Jeffrey Fortenberry. Date
of service: 03/20/2023. [12678005] [22-
50144] (Shanmugam, Kannon)

Filed (ECF) Errata to Opening Brief ( Brief

Submitted for Review (ECF Filing)). Filed by
Mar. 20,
BL-32 Request Appellant Jeffrey Fortenberry. Date of service:
2023
03/20/2023. [12678007] [22-50144]
(Shanmugam, Kannon)

Filed clerk order: The reply brief submitted by

Jeffrey Fortenberry is filed. Within 7 days of
the filing of this order, filer is ordered to file 6
copies of the brief in paper format,
BL-33 Mar. 21, accompanied by certification (attached to the
Request
2023 end of each copy of the brief) that the brief is
identical to the version submitted
electronically. Cover color: gray. The paper
copies shall be submitted to the principal
office of the Clerk. [12678303] (KT)

Mar. 23, Received 6 paper copies of Reply Brief filed

BL-34 Request
2023 by Jeffrey Fortenberry. [12681465] (CPA)

Filed (ECF) Appellee USA Correspondence:

Inaccuracy regarding Reply Brief. Date of
Mar. 27, service: 03/27/2023. [12683014] [22-50144] -
BL-35 Request
2023 -[COURT UPDATE: Updated docket text to
reflect correct ECF filing type. 03/28/2023 by
TYL] (Robbins, Alexander)

BL-36 Apr. 03, 2023 Request This case is being considered for an upcoming
oral argument calendar in Pasadena

Please review the Pasadena sitting dates for

July 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

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11/2/23, 10:42 PM USA v. Jeffrey Fortenberry, Docket No. 22-50144 (9th Cir. Jun 29, 2022), Court Docket

ENTRY FILED PDF DESCRIPTION

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).[12687251]. [22-50144] (KS)

Filed (ECF) Attorney Mr. Kannon K.

Shanmugam for Appellant Jeffrey Fortenberry
response to notice for case being considered
BL-37 Apr. 05, 2023 Request
for oral argument. Date of service:
04/05/2023. [12689839] [22-50144]
(Shanmugam, Kannon)

Filed (ECF) Attorney Mr. Alexander Patrick

Robbins for Appellee USA response to notice
BL-38 Apr. 05, 2023 Request for case being considered for oral argument.
Date of service: 04/05/2023. [12690094] [22-
50144] (Robbins, Alexander)

Filed (ECF) Appellant Jeffrey Fortenberry

Correspondence: Response to the
BL-39 Apr. 14, 2023 Request Government's 3/27/23 Letter. Date of service:
04/14/2023 [12695871] [22-50144]
(Shanmugam, Kannon)

BL-40 Apr. 30, 2023 Request Notice of Oral Argument on Tuesday, July 11,
2023 - 09:00 A.M. - Courtroom 1 - Scheduled
Location: Pasadena CA.
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

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11/2/23, 10:42 PM USA v. Jeffrey Fortenberry, Docket No. 22-50144 (9th Cir. Jun 29, 2022), Court Docket

ENTRY FILED PDF DESCRIPTION

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, July 11, 2023. No
form or other attachment is required. If you
will not be arguing, do not file an
acknowledgment of hearing notice.
[12705549]. [22-50144] (KS)

Filed (ECF) Acknowledgment of hearing

notice by Attorney Mr. Alexander Patrick
Robbins for Appellee USA. Hearing in
Pasadena on 07/11/2023 at 9:00 am
(Courtroom: Courtroom 1). Filer sharing
May. 01,
BL-41 Request argument time: No. Appearance in person or
2023
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: 05/01/2023.
[12706187] [22-50144] (Robbins, Alexander)

Filed (ECF) Acknowledgment of hearing

notice by Attorney Mr. Kannon K.
Shanmugam for Appellant Jeffrey Fortenberry.
Hearing in Pasadena on 07/11/2023 at 9:00
A.M. (Courtroom: 1). Filer sharing argument
May. 02, time: No. Appearance in person or by video: I
BL-42 Request
2023 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: 05/02/2023.
[12707346] [22-50144] (Shanmugam,
Kannon)

Filed (ECF) Appellant Jeffrey Fortenberry

citation of supplemental authorities. Date of
BL-43 Jun. 29, 2023 Request
service: 06/29/2023. [12745972] [22-50144]
(Shanmugam, Kannon)

ARGUED AND SUBMITTED TO GABRIEL

P. SANCHEZ, SALVADOR MENDOZA, JR.
and JAMES DONATO. The audio and video
BL-44 Jul. 11, 2023 Request recordings of this hearing are available on our
website at
http://www.ca9.uscourts.gov/media/.
[12752719] (BG)

Filed (ECF) Appellant Jeffrey Fortenberry

Correspondence: Oral Argument. Date of
BL-45 Jul. 14, 2023 View
service: 07/14/2023 [12755558] [22-50144]
(Shanmugam, Kannon)

BL-46 Nov. 02, Filed Appellee USA 4 copies of DVD

Request
2023 containing video exhibits. [12819176] (KT)

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