FIGUEROA-BELTRAN VS. U.S. OF AMERICA (NRAP 5)
2020 NV 45
| Nev. | 2020
76038: Case View
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Case Information: 76038
Short Caption:FIGUEROA-BELTRAN VS. U.S. OF AMERICA (NRAP 5)Court:Supreme Court
Lower Court Case(s):NONEClassification: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 PMOral Argument Location:Las Vegas
Submission Date:02/10/2020How Submitted:After Oral Argument

+ Party Information
RoleParty NameRepresented By
AppellantGibran Richardo Figueroa-BeltranCristen C. Thayer (Federal Public Defender/Las Vegas)
Rene L. Valladares (Federal Public Defender/Las Vegas)
RespondentUnited States of AmericaDayle 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
DateTypeDescriptionPending?Document
06/08/2018Filing FeeFiling Fee due.
06/08/2018Order/IncomingFiled 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.Y18-21957
07/18/2018Order/ProceduralFiled 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
07/25/2018Notice/IncomingFiled Notice of Appearance of Counsel (Cristen C. Thayer as counsel for Appellant).18-28581
07/25/2018MotionFiled Appellant's Motion to Stay Briefing on Certified Questions.18-28585
08/16/2018Order/ProceduralFiled 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
09/11/2018Notice/IncomingFiled Appellant's First Status Report.18-35382
09/27/2018Order/ProceduralFiled 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
12/21/2018Notice/IncomingFiled Appellant's Second Status Report. (SC)18-910013
12/26/2018Notice/IncomingFiled Appellant's Second Status Report (Corrected). (SC)18-910352
01/07/2019Order/ProceduralFiled 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
02/06/2019Notice/IncomingFiled Appellant's Third Status Report. (SC)19-05710
02/19/2019Order/ProceduralFiled 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
04/04/2019Notice/IncomingFiled Notice of Appearance of Counsel (Elham Roohani for Respondent). (SC)19-14769
04/05/2019Notice/IncomingFiled Appellant's Fourth Status Report. (SC)19-14956
04/16/2019Order/ProceduralFiled 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
05/15/2019BriefFiled Appellant's Opening Brief. (SC)19-21490
05/15/2019AppendixFiled Appellant's Appendix Volume 1. (SC)19-21517
05/20/2019Notice/IncomingFiled Notice of Appearance of Counsel and Affidavit of Counsel (Nancy M. Olson for Respondent). (SC)19-21934
06/13/2019BriefFiled Respondent's Answering Brief. (SC)19-25668
06/13/2019MotionFiled Respondent's Motion for Judicial Notice. (SC)19-25670
06/17/2019MotionFiled Appellant's Motion for Extension of Time to File Response to Government's Motion for Judicial Notice. (SC)19-26114
06/21/2019MotionFiled Respondent's Motion for Judicial Notice with Attachments. (SC)19-26896
06/24/2019Order/ProceduralFiled 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
07/03/2019BriefFiled Appellant's Reply Brief. (SC)19-28562
07/03/2019MotionFiled Appellant Gibran Figueroa-Beltran's Response to Government's Motion for Judicial Notice. (SC)19-28564
07/03/2019Case Status UpdateBriefing Completed/To Screening. (SC)
07/08/2019MotionFiled Respondent's Reply to Response to Motion for Judicial Notice. (SC)19-29027
07/31/2019Order/ProceduralFiled 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)C19-32274
12/27/2019Notice/OutgoingIssued 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
01/27/2020Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)20-03645
02/10/2020Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court. 76038. (SC).
07/16/2020Opinion/DispositionalFiled 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
08/11/2020RemittiturIssued Remittitur. (SC)20-29478
08/11/2020Case Status UpdateRemittitur Issued/Case Closed. (SC)
10/06/2020RemittiturFiled Remittitur. Received by U.S. Court of Appeals for the Ninth Circuit Clerk on October 1, 2020. (SC)20-29478
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