08/23/2018
1
12 pg, 319.84 KB DOCKETED
CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript
required: Yes. Sentence imposed: 21 months. Transcript ordered by
09/12/2018. Transcript due 10/12/2018. Appellant briefs and excerpts due
by 11/21/2018 for Michael Galloway. Appellee brief due 12/21/2018 for
United States of America. Appellant's optional reply brief is due 21
days after service of the answering brief. [10986743] (JMR) [Entered:
08/23/2018 09:18 AM] 08/23/2018
2
5 pg, 13.73 KB Filed
(ECF) Appellant Michael Galloway motion. Attorney(s) Attorney Erin
Michele Snider for Appellant Michael Galloway motion to withdraw as
counsel. Date of service: 08/23/2018. [10987693] [18-10313] (Snider,
Erin) [Entered: 08/23/2018 02:52 PM] 08/23/2018
Added attorney Devin Burstein for Michael Galloway, in case 18-10313. [10988039] (AF) [Entered: 08/23/2018 04:52 PM] 08/23/2018
4
2 pg, 34.16 KB Filed order (Appellate Commissioner): The motion of the Federal Public Defender’s Office to be relieved as
appellant’s counsel of record and for appointment of Devin Burstein, Esq., 501 W.
Broadway, Suite 240, San Diego, California, 92101, (619) 234-4433, as new
appointed counsel (Docket Entry No. [2 ])
is granted.
The Clerk shall amend the docket to reflect counsel Burstein’s address
and
appointed status for this appeal.
The Clerk shall further amend this court’s docket to reflect that
Assistant
Federal Public Defender Erin Snider is no longer appellant’s counsel for
this
appeal.
The previously established briefing schedule remains in effect. The
Clerk shall serve this order on former counsel and appellant
individually
at 2804 Cormier Drive, Bakersfield, California 93311-2960. (AppComm
Direct Criminal) [10988046] (AF) [Entered: 08/23/2018 04:53 PM] 08/23/2018
Terminated Erin Michele Snider for Michael Galloway in 18-10313 [10988053] (AF) [Entered: 08/23/2018 04:55 PM] 08/23/2018
A copy of 8/23/2018 order [4 ] was served on appellant individually
at 2804 Cormier Drive, Bakersfield, California 93311-2960, via U.S. Mail. [10988058] (AF) [Entered: 08/23/2018 04:56 PM] 08/27/2018
Criminal Justice Act electronic
voucher created. (Counsel: Devin Burstein for Michael Galloway)
[10990169] (DO) [Entered: 08/27/2018 10:13 AM] 09/18/2018
8
2 pg, 430.87 KB Received
copy of District Court CJA 20 order filed on 09/14/2018 appointing
Devin Burstein, Esq., counsel for aplt efrfective 08/24/18. [11015696]
(DJV) [Entered: 09/18/2018 01:21 PM] 11/14/2018
Filed (ECF) Streamlined request for
extension of time to file Opening Brief by Appellant Michael Galloway.
New requested due date is 12/21/2018. [11087167] [18-10313] (Burstein,
Devin) [Entered: 11/14/2018 12:13 PM] 11/14/2018
Streamlined request [9] by
Appellant Michael Galloway to extend time to file the brief is approved.
Amended briefing schedule: Appellant briefs and excerpts due by
12/21/2018 for Michael Galloway. Appellee brief due 01/22/2019 for
United States of America. The optional reply brief is due 21 days from
the date of service of the answering brief. [11087908] (KM) [Entered: 11/14/2018 03:51 PM]12/12/2018
11
5 pg, 873.6 KB Filed
(ECF) Appellant Michael Galloway Unopposed Motion to extend time to
file Opening brief until 02/04/2019. Date of service: 12/12/2018.
[11118415] [18-10313] (Burstein, Devin) [Entered: 12/12/2018 12:06 PM] 12/14/2018
12
1 pg, 194.62 KB Filed clerk order (Deputy Clerk: LBS): Appellant’s unopposed motion (Docket Entry No. [11 ])
for an extension of time to file the opening brief is granted. The
opening brief is due February 4, 2019. The answering brief is due March
6, 2019. The optional reply brief is due within 21 days after service of
the answering brief. [11120790] (AF) [Entered: 12/14/2018 11:31 AM] 01/18/2019
13
69 pg, 953.92 KB Submitted
(ECF) Opening Brief for review. Submitted by Appellant Michael
Galloway. Date of service: 01/18/2019. [11159098] [18-10313] (Burstein,
Devin) [Entered: 01/18/2019 12:17 PM] 01/18/2019
14
1493 pg, 83.06 MB Submitted
(ECF) excerpts of record. Submitted by Appellant Michael Galloway. Date
of service: 01/18/2019. [11159101] [18-10313] (Burstein, Devin)
[Entered: 01/18/2019 12:20 PM] 01/18/2019
Filed (ECF) presentence report UNDER
SEAL by Appellant Michael Galloway. [11159103] [18-10313] (Burstein,
Devin) [Entered: 01/18/2019 12:21 PM] 01/22/2019
16
2 pg, 186.45 KB Filed clerk order: The opening brief [13 ]
submitted by Michael Galloway is filed. Within 7 days of the filing of
this order, filer is ordered to file 7 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: blue. The Court has reviewed the excerpts
of record [14 ]
submitted by Michael Galloway. Within 7 days of this order, filer is
ordered to file 4 copies of the excerpts in paper format securely bound
on the left side, with white covers. The paper copies shall be submitted
to the principal office of the Clerk. [11161233] (LA) [Entered:
01/22/2019 11:56 AM] 01/22/2019
Filed (ECF) Notice of withdrawal of
counsel. Filed by Attorney Ms. Megan Anne Schultz Richards for Appellee
USA. Party proceeding without counsel: No. Date of service: 01/22/2019.
[11162396] [18-10313] (Tierney, Michael) [Entered: 01/22/2019 05:48 PM] 01/23/2019
Terminated Megan Anne Schultz Richards for USA in 18-10313 [11162522] (CW) [Entered: 01/23/2019 07:17 AM] 01/31/2019
Received 7 paper copies of Opening Brief [13 ] filed by Michael Galloway. [11174558] (SD) [Entered: 01/31/2019 01:26 PM] 01/31/2019
Filed 4 paper copies of excerpts of record [14 ] in 6 volume(s) filed by Appellant Michael Galloway. [11175065] (LA) [Entered: 01/31/2019 04:12 PM] 03/06/2019
21
57 pg, 303.24 KB Submitted
(ECF) Answering Brief for review. Submitted by Appellee USA. Date of
service: 03/06/2019. [11218771] [18-10313] (Tierney, Michael) [Entered:
03/06/2019 04:48 PM] 03/06/2019
22
14 pg, 376.06 KB Submitted
(ECF) supplemental excerpts of record. Submitted by Appellee USA. Date
of service: 03/06/2019. [11218774] [18-10313] (Tierney, Michael)
[Entered: 03/06/2019 04:50 PM] 03/06/2019
23
2 pg, 94.58 KB Filed clerk order: The answering brief [21 ]
submitted by USA is filed. Within 7 days of the filing of this order,
filer is ordered to file 7 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 Court has reviewed the
supplemental excerpts of record [22 ]
submitted by USA. Within 7 days of this order, filer is ordered to file
4 copies of the excerpts in paper format securely bound on the left
side, with white covers. The paper copies shall be submitted to the
principal office of the Clerk. [11218791] (LA) [Entered: 03/06/2019
05:01 PM] 03/07/2019
Filed (ECF) Streamlined request for
extension of time to file Reply Brief by Appellant Michael Galloway. New
requested due date is 04/26/2019. [11220232] [18-10313] (Burstein,
Devin) [Entered: 03/07/2019 03:43 PM] 03/07/2019
Streamlined request [24] by
Appellant Michael Galloway to extend time to file the brief is approved.
Amended briefing schedule: the optional reply brief is due 04/26/2019. [11220305] (DLM) [Entered: 03/07/2019 04:10 PM]03/12/2019
Received 7 paper copies of Answering Brief [21 ] filed by USA. [11224601] (DB) [Entered: 03/12/2019 12:30 PM] 03/12/2019
Filed 4 paper copies of supplemental excerpts of record [22 ] in 1 volume(s) filed by Appellee USA. [11225026] (LA) [Entered: 03/12/2019 03:24 PM] 04/10/2019
28
3 pg, 352.8 KB Filed
(ECF) Appellant Michael Galloway Unopposed Motion to extend time to
file Reply brief until 06/14/2019. Date of service: 04/10/2019.
[11259950] [18-10313] (Burstein, Devin) [Entered: 04/10/2019 04:06 PM] 04/11/2019
29
1 pg, 87.41 KB Filed clerk order (Deputy Clerk: SM): Granting Unopposed Motion [28 ]
to extend time to file brief filed by Appellant Michael Galloway. The
optional reply brief is due June 14, 2019. [11260991] (SAM) [Entered:
04/11/2019 01:55 PM] 05/03/2019
30
3 pg, 75.39 KB Filed
(ECF) Appellee USA citation of supplemental authorities. Date of
service: 05/03/2019. [11285843] [18-10313] (Tierney, Michael) [Entered:
05/03/2019 10:52 AM] 06/13/2019
31
36 pg, 290.38 KB Submitted
(ECF) Reply Brief for review. Submitted by Appellant Michael Galloway.
Date of service: 06/13/2019. [11329501] [18-10313] (Burstein, Devin)
[Entered: 06/13/2019 09:00 AM] 06/14/2019
32
2 pg, 94.42 KB Filed clerk order: The reply brief [31 ]
submitted by Michael Galloway is filed. Within 7 days of the filing of
this order, filer is ordered to file 7 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: gray. The paper copies shall be submitted
to the principal office of the Clerk. [11331672] (LA) [Entered:
06/14/2019 11:11 AM] 06/14/2019
This case is being considered for an upcoming oral argument calendar in San Franciscohttp://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 Considered for Oral Argument . Please follow the form's instructions carefully.within 3 business days of this notice , using CM/ECF (Type of Document : File Correspondence to Court; Subject : request for mediation).[11332673][18-10313] (AW) [Entered: 06/14/2019 04:52 PM] 06/17/2019
34
1 pg, 691.35 KB Filed
(ECF) Attorney Devin Burstein for Appellant Michael Galloway response
to notice for case being considered for oral argument. Date of service:
06/17/2019. [11333483] [18-10313] (Burstein, Devin) [Entered: 06/17/2019
10:36 AM] 06/18/2019
35
1 pg, 103.44 KB Filed
(ECF) Attorney Michael Gordon Tierney for Appellee USA response to
notice for case being considered for oral argument. Date of service:
06/18/2019. [11336048] [18-10313] (Tierney, Michael) [Entered:
06/18/2019 02:46 PM] 06/20/2019
Received 7 paper copies of Reply Brief [31 ] filed by Michael Galloway. [11338990] (SD) [Entered: 06/20/2019 11:20 AM] 08/11/2019
Notice of Oral Argument on Thursday, October 24, 2019 - 09:00 A.M. - Courtroom 2 - San Francisco CA.here GUIDELINES
for important information about your hearing, including when to arrive
(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).ACKNOWLEDGMENT OF HEARING NOTICE 08/12/2019
Filed (ECF) Acknowledgment of hearing
notice by Attorney Devin Burstein for Appellant Michael Galloway.
Hearing in San Francisco on 10/24/2019 at 09:00 A.M. (Courtroom: 2).
Filer sharing argument time: No. Special accommodations: NO. Filer
admission status: I certify that I am admitted to practice before this
Court. Date of service: 08/12/2019. [11393550] [18-10313] (Burstein,
Devin) [Entered: 08/12/2019 07:20 AM] 08/12/2019
39
3 pg, 200.32 KB Authorization for CJA attorney Devin Burstein for Michael Galloway to travel to San Francisco to attend oral argument
on 10/24/2019. See attached letter for details. [11394318] (AW) [Entered: 08/12/2019 01:00 PM] 09/10/2019
Notice of Oral Argument on Thursday, October 24, 2019 - 09:00 A.M. - Courtroom 1 - San Francisco CA.here GUIDELINES
for important information about your hearing, including when to arrive
(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).ACKNOWLEDGMENT OF HEARING NOTICE 09/12/2019
Filed (ECF) Acknowledgment of hearing
notice by Attorney Devin Burstein for Appellant Michael Galloway.
Hearing in San Francisco on 10/24/2019 at 09:00 A.M. (Courtroom: 1).
Filer sharing argument time: No. Special accommodations: NO. Filer
admission status: I certify that I am admitted to practice before this
Court. Date of service: 09/12/2019. [11429107] [18-10313] (Burstein,
Devin) [Entered: 09/12/2019 07:58 AM] 10/16/2019
Filed (ECF) Acknowledgment of hearing
notice by Attorney Michael Gordon Tierney for Appellee USA. Hearing in
San Francisco on 10/24/2019 at 09:00 A.M. (Courtroom: 1). Filer sharing
argument time: No. (Argument minutes: 15.) Special accommodations: NO.
Filer admission status: I certify that I am admitted to practice before
this Court. Date of service: 10/16/2019. [11465367] [18-10313] (Tierney,
Michael) [Entered: 10/16/2019 08:31 AM] 10/24/2019
ARGUED AND SUBMITTED TO MICHAEL J. MELLOY, JAY S. BYBEE and N. RANDY SMITH. [11476310] (WWP) [Entered: 10/24/2019 12:04 PM] 10/24/2019
44
1 pg, 31.09 MB Filed Audio recording of oral argument.Note: Video recordings of public argument calendars are available on the Court's website, at http://www.ca9.uscourts.gov/media/ 02/06/2020
45
9 pg, 175.39 KB FILED
MEMORANDUM DISPOSITION (MICHAEL J. MELLOY, JAY S. BYBEE and N. RANDY
SMITH) We REVERSE and VACATE Galloway’s convictions for Counts 1–3,
AFFIRM his conviction on the remaining count, and REMAND for
resentencing. FILED AND ENTERED JUDGMENT. [11587451] (MM) [Entered:
02/06/2020 09:26 AM] 02/07/2020
46
5 pg, 45.01 KB Filed
(ECF) Appellee USA Motion to extend time to file petition for rehearing
until 03/23/2020. Date of service: 02/07/2020. [11590316] [18-10313]
(Tierney, Michael) [Entered: 02/07/2020 04:22 PM] 02/10/2020
47
1 pg, 32.63 KB Filed
order (MICHAEL J. MELLOY, JAY S. BYBEE and N. RANDY SMITH): The
Government’s Motion for Extension of Time to File Petition for
Rehearing and Suggestion for Rehearing En Banc (Docket Entry No. [46 ]) is
GRANTED. Any petition shall be filed with the Clerk of Court in San Francisco,
California, on or before March 23, 2020. [11592134] (AF) [Entered: 02/10/2020 04:17 PM] 02/21/2020
Filed (ECF) notice of appearance of
Katie Sue Bagley (U.S. Department of Justice, Tax Division, P.O. Box
972, Washington, DC 20044) for Appellee USA. Date of service:
02/21/2020. (Party was previously proceeding with counsel.) [11604121]
[18-10313] (Bagley, Katie) [Entered: 02/21/2020 06:44 AM] 02/21/2020
Added Attorney(s) Katie Bagley for party(s) Appellee USA, in case 18-10313. [11604126] (CW) [Entered: 02/21/2020 06:54 AM] 02/21/2020
Filed (ECF) notice of appearance of
Alexander Patrick Robbins (Tax Division, U.S. Department of Justice P.O.
Box 972, Washington, D.C. 20044) for Appellee USA. Date of service:
02/21/2020. (Party was previously proceeding with counsel.) [11604161]
[18-10313] (Robbins, Alexander) [Entered: 02/21/2020 07:19 AM] 02/21/2020
Added Attorney(s) Alexander Patrick
Robbins for party(s) Appellee USA, in case 18-10313. [11604164] (CW)
[Entered: 02/21/2020 07:29 AM] 02/21/2020
Filed (ECF) notice of appearance of
Samuel Robert Lyons (U.S. Justice Department, Tax Division, Criminal
Appeals & Tax Enforcement Policy Section, P.O. Box 972, Benjamin
Franklin Station, Washington, DC 20044) for Appellee USA. Date of
service: 02/21/2020. (Party was previously proceeding with counsel.)
[11604225] [18-10313] (Lyons, Samuel) [Entered: 02/21/2020 08:28 AM] 02/21/2020
Added Attorney(s) Samuel Robert Lyons
for party(s) Appellee USA, in case 18-10313. [11604243] (CW) [Entered:
02/21/2020 08:34 AM] 03/18/2020
54
50 pg, 1.35 MB Filed
(ECF) Appellee USA petition for panel rehearing (from 02/02/2020
memorandum). Date of service: 03/18/2020. [11633314] [18-10313] (Bagley,
Katie) [Entered: 03/18/2020 06:59 AM] 03/23/2020
55
1 pg, 31 KB Filed
order (MICHAEL J. MELLOY, JAY S. BYBEE and N. RANDY SMITH): The panel
has unanimously voted to deny Appellee’s petition for panel
rehearing. Appellee’s petition for panel rehearing is therefore DENIED.
[11638721] (AF) [Entered: 03/23/2020 01:34 PM] 03/31/2020
56
1 pg, 86.69 KB MANDATE ISSUED.(MJM, JSB and NRS) [11646729] (RR) [Entered: 03/31/2020 09:29 AM] 