FIGUEROA-BELTRAN VS. U.S. OF AMERICA (NRAP 5)

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Cases Case Search Participant Search 20-26094: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 76038 Short Caption: FIGUEROA-BELTRAN VS. U.S. OF AMERICA (NRAP 5) Court: Supreme Court Lower Court Case(s): NONE Classification: Original Proceeding - NRAP 5 - U.S. Court of Appeals Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: SP Status: Oral Argument: 02/10/2020 at 2:00 PM Oral Argument Location: Las Vegas Submission Date: 02/10/2020 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Gibran Richardo Figueroa-Beltran Cristen C. Thayer (Federal Public Defender/Las Vegas) Rene L. Valladares (Federal Public Defender/Las Vegas) Respondent United States of America Dayle Elieson, Interim United States Attorney (United States Attorney, District of Nevada) Nancy M. Olson, Assistant United States Attorney (United States Attorney, District of Nevada) Elham Roohani (United States Attorney, District of Nevada) Elizabeth O. White, Appellate Chief, United States Attorney (United States Attorney, District of Nevada) Docket Entries Date Type Description Pending? Document 06/08/2018 Filing Fee Filing Fee due. 06/08/2018 Order/Incoming Filed Certifying Question to Nevada Supreme Court. Received from U.S. Court of Appeals for the Ninth Circuit and the Honorables Diarmuid F. O'Scannlain and Johnnie B. Rawlinson, Circuit Judges, and Sarah S. Vance, District Judge. Y 18-21957 07/18/2018 Order/Procedural Filed Order Accepting Certified Questions and Directing Briefing. Appellant shall have 30 days from the date of this order to file and serve an opening brief addressing the certified questions. Respondent shall have 30 days from the date the opening brief is served to file and serve an answering brief. Appellant shall then have 20 days from the date the answering brief is served to file and serve any reply brief. The parties may file a joint appendix containing any portions of the record before the Ninth Circuit that are necessary to this court's resolution of the certified question and were not already provided to this court with the Certification Order. fn1[The clerk of this court shall not charge a filing fee in this case. 18-27455 07/25/2018 Notice/Incoming Filed Notice of Appearance of Counsel (Cristen C. Thayer as counsel for Appellant). 18-28581 07/25/2018 Motion Filed Appellant's Motion to Stay Briefing on Certified Questions. 18-28585 08/16/2018 Order/Procedural Filed Order. Appellant has filed a motion to stay briefing in this matter. We grant the motion to the following extent. Briefing in this matter is suspended pending further order of this court. Appellant's Status Report due: 30 days. 18-31669 09/11/2018 Notice/Incoming Filed Appellant's First Status Report. 18-35382 09/27/2018 Order/Procedural Filed Order Granting Motion. Appellant asks that this court continue the stay of this matter pending the resolution of his anticipated certiorari petition. We treat the report as a motion for a continuation of the stay. Briefing of this matter remains suspended pending further order of this court. Appellant shall have 90 days from the date of this order to file a report informing this court of the status of the petition for writ of certiorari. 18-37827 12/21/2018 Notice/Incoming Filed Appellant's Second Status Report. (SC) 18-910013 12/26/2018 Notice/Incoming Filed Appellant's Second Status Report (Corrected). (SC) 18-910352 01/07/2019 Order/Procedural Filed Order. We treat the status report as a motion for a continuation of the stay, and cause appearing, grant the motion to the following extent. Briefing of this matter remains suspended pending further order of this court. Appellant's Status Report due: 30 days. (SC). 19-00725 02/06/2019 Notice/Incoming Filed Appellant's Third Status Report. (SC) 19-05710 02/19/2019 Order/Procedural Filed Order. Appellant previously filed a motion to stay briefing in this matter pending the Ninth Circuit's resolution of his petition for panel and en banc rehearing of the certification order. This court granted the unopposed motion, suspending briefing pending further order of this court and directing appellant to file a report informing this court of the status of the petition for rehearing. After the Ninth Circuit denied appellant's petition, this court granted appellant's motion to continue the stay pending his filing of a petition for a writ of certiorari in the United States Supreme Court. Appellant has now filed a status report explaining that his certiorari petition remains pending and a response is due by February 21, 2019. Appellant asks that this court continue the stay of this matter pending the resolution of his certiorari petition. The status report is treated as a motion for a continuation of the stay, and cause appearing, granted to the following extent. Appellant's Status Report due: 45 days. (SC). 19-07500 04/04/2019 Notice/Incoming Filed Notice of Appearance of Counsel (Elham Roohani for Respondent). (SC) 19-14769 04/05/2019 Notice/Incoming Filed Appellant's Fourth Status Report. (SC) 19-14956 04/16/2019 Order/Procedural Filed Order Reinstating Briefing. Appellant's Opening Brief due: 30 days. Respondent shall have 30 days from the date of the opening brief is served to file and serve an answering brief. Appellant shall then have 20 days from the date the answering brief is served to file and serve any reply brief. (SC). 19-16537 05/15/2019 Brief Filed Appellant's Opening Brief. (SC) 19-21490 05/15/2019 Appendix Filed Appellant's Appendix Volume 1. (SC) 19-21517 05/20/2019 Notice/Incoming Filed Notice of Appearance of Counsel and Affidavit of Counsel (Nancy M. Olson for Respondent). (SC) 19-21934 06/13/2019 Brief Filed Respondent's Answering Brief. (SC) 19-25668 06/13/2019 Motion Filed Respondent's Motion for Judicial Notice. (SC) 19-25670 06/17/2019 Motion Filed Appellant's Motion for Extension of Time to File Response to Government's Motion for Judicial Notice. (SC) 19-26114 06/21/2019 Motion Filed Respondent's Motion for Judicial Notice with Attachments. (SC) 19-26896 06/24/2019 Order/Procedural Filed Order Granting Motion. Appellant shall have until July 3, 2019, to file and serve any opposition to respondent's motion for judicial notice. (SC) 19-27069 07/03/2019 Brief Filed Appellant's Reply Brief. (SC) 19-28562 07/03/2019 Motion Filed Appellant Gibran Figueroa-Beltran's Response to Government's Motion for Judicial Notice. (SC) 19-28564 07/03/2019 Case Status Update Briefing Completed/To Screening. (SC) 07/08/2019 Motion Filed Respondent's Reply to Response to Motion for Judicial Notice. (SC) 19-29027 07/31/2019 Order/Procedural Filed Order. Respondent has filed a motion asking that this court take judicial notice of several documents. This court will take judicial notice of the documents at this time. However, this court may disregard any or all of the documents if it is later determined that they are not appropriate for consideration in conjunction with the merits of this matter. (S)C 19-32274 12/27/2019 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Monday, February 10, 2019, at 2:00 p.m. for 30 minutes in Las Vegas. (SC) 19-52269 01/27/2020 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 20-03645 02/10/2020 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. 76038. (SC). 07/16/2020 Opinion/Dispositional Filed Authored Opinion. "Question answered." Before the Court En Banc. Author: Gibbons, J. Majority: Gibbons/Hardesty/Parraguirre/Cadish/Silver. Stiglich, J., with whom Pickering, C.J., agrees, dissenting. 136 Nev. Adv. Opn. No. 45. EN BANC (SC) 20-26094 08/11/2020 Remittitur Issued Remittitur. (SC) 20-29478 08/11/2020 Case Status Update Remittitur Issued/Case Closed. (SC) 10/06/2020 Remittitur Filed Remittitur. Received by U.S. Court of Appeals for the Ninth Circuit Clerk on October 1, 2020. (SC) 20-29478 Combined Case View

Case Details

Case Name: FIGUEROA-BELTRAN VS. U.S. OF AMERICA (NRAP 5)

Court Name: Nevada Supreme Court

Date Published: Jul 16, 2020

Citation: 2020 NV 45

Docket Number: 76038

Court Abbreviation: Nev.