No. 20-5778
David Davalos, Sr. v. United States
Response RequestedResponse WaivedRelisted (2)IFP
Tags: criminal-procedure criminal-procedure-rules district-court-jurisdiction federal-rules forfeiture forfeiture-order jurisdiction money-judgment notice-of-appeal time-limits
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference:
2021-03-05
(distributed 2 times)
Question Presented (from Petition)
1. Whether a district court exceeds its jurisdiction by entering a preliminary order of forfeiture and an order of money judgment beyond the time limits set by Federal Rules of Criminal Procedure 32.2 and 35.
2. Whether a district court lacks authority to enter a preliminary order of forfeiture and an order of money judgment after the defendant files his notice of appeal.
Question Presented (AI Summary)
Whether a district court exceeds its jurisdiction by entering a preliminary order of forfeiture and an order of money judgment beyond the time limits set by Federal Rules of Criminal Procedure 32.2 and 35
Docket Entries
2021-03-08
Petition DENIED.
2021-02-18
DISTRIBUTED for Conference of 3/5/2021.
2021-02-11
Reply of petitioner David Davalos filed. (Distributed)
2021-02-03
Brief of respondent United States of America in opposition filed.
2020-12-22
Motion to extend the time to file a response is granted and the time is further extended to and including February 3, 2021.
2020-12-21
Motion to extend the time to file a response from January 4, 2021 to February 3, 2021, submitted to The Clerk.
2020-11-24
Motion to extend the time to file a response is granted and the time is further extended to and including January 4, 2021.
2020-11-23
Motion to extend the time to file a response from December 2, 2020 to January 4, 2021, submitted to The Clerk.
2020-10-29
Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2020.
2020-10-28
Motion to extend the time to file a response from November 2, 2020 to December 2, 2020, submitted to The Clerk.
2020-10-02
Response Requested. (Due November 2, 2020)
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-28
Waiver of right of respondent United States to respond filed.
2020-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2020)
Attorneys
David Davalos
Nelson Starbranch Ebaugh — Nelson S. Ebaugh, P.C., Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent