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 (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
Question Presented (OCR Extract)
QUESTIONS PRESENTED The questions presented are: 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. i
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
Nelson Starbranch Ebaugh — Nelson S. Ebaugh, P.C., Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
Elizabeth B. Prelogar — Acting Solicitor General, Respondent