U.S. v. SPARKS, 2:17-cr-00091-APG-VCF. (2017)
Court: District Court, D. Nevada
Number: infdco20170911420
Visitors: 5
Filed: Aug. 03, 2017
Latest Update: Aug. 03, 2017
Summary: ORDER (Docket No. 21) CAM FERENBACH , Magistrate Judge . On June 8, 2017, Defendant filed a notice of assertion of right regarding shackling. Docket No. 19. The notice relates to the issuance of the en banc decision in United States v. Sanchez-Gomez, 859 F.3d 649 (9th Cir. 2017). 1 On June 12, 2017, the Government moved to strike that notice, arguing that it mischaracterizes the Ninth Circuit's decision. Docket No. 21. Defendant filed a response. Docket No. 22. These filings are not
Summary: ORDER (Docket No. 21) CAM FERENBACH , Magistrate Judge . On June 8, 2017, Defendant filed a notice of assertion of right regarding shackling. Docket No. 19. The notice relates to the issuance of the en banc decision in United States v. Sanchez-Gomez, 859 F.3d 649 (9th Cir. 2017). 1 On June 12, 2017, the Government moved to strike that notice, arguing that it mischaracterizes the Ninth Circuit's decision. Docket No. 21. Defendant filed a response. Docket No. 22. These filings are not ..
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ORDER
(Docket No. 21)
CAM FERENBACH, Magistrate Judge.
On June 8, 2017, Defendant filed a notice of assertion of right regarding shackling. Docket No. 19. The notice relates to the issuance of the en banc decision in United States v. Sanchez-Gomez, 859 F.3d 649 (9th Cir. 2017).1 On June 12, 2017, the Government moved to strike that notice, arguing that it mischaracterizes the Ninth Circuit's decision. Docket No. 21. Defendant filed a response. Docket No. 22. These filings are not tethered to any particular hearing, shackling request, or shackling determination. There is no live justiciable dispute before the Court.
Accordingly, the motion to strike is DENIED without prejudice to the parties addressing the issues at an appropriate time if necessary.
IT IS SO ORDERED.
FootNotes
1. On June 16, 2017, the Ninth Circuit entered a 90-day stay of the issuance of the mandate.
Source: Leagle
