CourtLink Details for ** Case: 97-50365 ** Date Printed: 5/21/98 6:42:50 PM Court: Ninth Circuit Court of Appeals Case: USA v. Mitnick Nature of suit: Filed On: 7/25/97 Note: Appeal From:Central District of California, Los Angeles Summary Search Name: Mitnick, Kevin Lower Court Information: District: 0973-2 Case: CR-95-00603-MRP-1 Presiding Judge: Mariana R. Pfaelzer, District Judge Court Reporter: Beth E. Zacarro, Court Reporter Date Filed: 7/17/95 Date Order/Judgment 7/10/97 Date NOA Filed: 7/15/97 Fee Status: in forma pauperis Names UNITED STATES OF AMERICA Christopher Painter, AUSA Plaintiff - Appellee FTS 798-4242 213/894-4242 Suite 1200 [COR LD NTC aus] David J. Schindler, Esq. [COR LD NTC aus] USLA - OFFICE OF THE U.S. ATTORNEY Criminal Division 312 North Spring Street Los Angeles, CA 90012 v. KEVIN MITNICK Donald C. Randolph, Esq. Defendant - Appellant 310/395-7900 3rd Floor [COR LD NTC cja] 1717 Fourth Street Santa Monica, CA 90401 UNITED STATES OF AMERICA Plaintiff - Appellee v. KEVIN MITNICK Defendant - Appellant Docket Date Description 7/25/97 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Filed in D.C. on 7/24/97; setting schedule as follows: transcript shall be ordered by 8/13/97 for Kevin Mitnick; transcript shall be filed by 9/12/97; appellants' briefs, excerpts due by 10/22/97 for Kevin Mitnick; appellees' brief due 11/21/97 for USA; appellants' reply brief due by 12/5/97 for Kevin Mitnick. ( RT required: y ) ( Sentence imp 22 months) [97-50365] (dr) 7/25/97 Criminal Justice Act voucher sent ( Voucher # 0415043) to Donald C. Randolph for Appellant Kevin Mitnick [97-50365] (dr) 10/27/97 Filed certificate of record on appeal RT filed in DC 9/9/97. (case file) [97-50365] (lu) 10/28/97 Filed motion and order :(pro/Deputy Clerk: lkk) Court records do not currently reflect that the dc has issued the cor. Appellant shall monitor the issuance of the cor; absence of the cor will block resolution of the appeal. Appellant's late motion for an ex.tm.f the opening brief is construed as a motion to stay proceedings . So construed, the motion is granted. On or before 11/21/97, appellant shall move for voluntary dismissal or file the opening brief. If appellant files the opening brief, the answering brief is due 14 days from service of the answering brief. Movant is reminded that a motion for an ex.tm.f a brief should be filed at least 7 days before the expiration of the time prescribed for filing the brief. ( Motion recvd 10/22/97) [97-50365] (rei) 11/20/97 Denied Appellant Kevin Mitnick's phone request for 14 day extension of time to file opening brief.(Previously filed a motion for ext. of time to file opening brief.) [97-50365] (jlc) 11/28/97 Filed motion and order order :(pro/Deputy Clerk: lkk) Appellant's motiin to stay briefing is granted. Within 14 days from entry of this order, appellant shall move for dismissal or file the openig brief. If appellant files the opening brief, the answering brief is due 1/9/98. The optional reply brief is due 14 days from service of the answering brief. If litigants elect to brief this appeal, the ,atter shall be calendared as soon as is practicable inlight of the ralative brevity of defendant's sentence. ( Motion recvd 11/24/97) [97-50365] (rei) 12/16/97 Received Appellant Kevin Mitnick's brief in 15 copies 33 pages ( Informal: n) deficient (no certificate of compliance): notified counsel. Served on 12/12/97 [97-50365] respnse to brief deficiency notice due 12/30/97; 12/18/97 Filed pre-sentencing report UNDER SEAL. [97-50365] (rf) 12/23/97 Received Appellant Kevin Mitnick's satisfaction of (major) brief deficiency, certificate of compliance, served on 12/19/97 (inserted in briefs) [97-50365] (rf) 12/23/97 Filed original and 15 copies Appellant Kevin Mitnick opening brief (Informal: n) 33 pages and five excerpts of record in 1 volume; served on 12/12/97 [97-50365] (rf) 1/8/98 14 day oral extension by phone of time to file Appellee USA's brief. [97-50365] appellees' brief due 1/23/98; the optional reply brief is due 14 days from service of the answering brief. (cg) 1/26/98 Filed original and 15 copies appellee USA's 35 page brief, 2 Exc. vols (1 vol. UNDER SEAL); served on 1/22/98 [97-50365] (rf) 1/26/98 Filed pre-sentencing report UNDER SEAL. (RECORDS) [97-50365] (rf) 2/5/98 14 day oral extension by phone of time to file Appellant's reply brief. [97-50365] appellants' reply brief due 2/23/98; (cb) 2/18/98 Filed, as of 10/27/97 , certified record on appeal in 7 Vols.(total): 2 Clerks Rec 5 RTs ( ORIG) (RECORDS.) [97-50365] (rei) 2/27/98 Received orig. 15 copies Kevin Mitnick's reply brief ( Informal: n ) of 17 pages; served on 2/26/98 deficient late. (MOTION WITHIN PROMO.) [97-50365] (rei) 2/27/98 Received Appellant Kevin Mitnick supplemental excerpts of record on appeal in 1 volumes. (MOTION PENDING WITHIN PROMO.) (rei) 3/6/98 Filed motion and order :(pro/Deputy Clerk: tah) The court is in receipt of the appellant's motion for leave to file the reply brief late. Movant is informed that an ex.tm. obtained by telephone is intended to be the sole extension of time to file that brief. However, in view of the showing of cause, the motion is granted. The br. rec'd 2/27/98 is ordered filed. The court sua sponte grants appellant leave to file a sup. exc. of record. The supplemental excerpts rec'd 2/27/98 are ordered filed. ( Motion recvd 2/27/98) [97-50365] (rei) 3/6/98 Filed original and 15 copies Kevin Mitnick reply brief, ( Informal: n ) 17 pages; served on 2/26/98 [97-50365] (rei) 3/6/98 Filed Appellant Kevin Mitnick supplemental excerpts of record on appeal in 1 volumes. (rei) 3/17/98 Calendar check performed [97-50365] (mw) 4/1/98 Screening letter sent. [97-50365] (uk) 4/14/98 Received Appellant response to screening letter. (STAFF) [97-50365] (rei) 5/14/98 SUBMITTED TO SCREENING PANEL 281. ( Oral) [97-50365] [97-50365] (th) 5/20/98 FILED MEMORANDUM OPINION: AFFIRMED ( Terminated on the Merits after Submission Without Oral Hearing; Affirmed; Written, Unsigned, Unpublished. Mary M. SCHROEDER, author; Stephen S. TROTT; Ferdinand F. FERNANDEZ. ) FILED AND ENTERED JUDGMENT. [97-50365] (rei) Prior Cases No Prior Cases Information Available for This Case Current Cases No Current Cases Information Available for This Case