U.S. v. RUIZ, 2:17-cr-00146-APG-NJK. (2017)
Court: District Court, D. Nevada
Number: infdco20170627741
Visitors: 18
Filed: Jun. 22, 2017
Latest Update: Jun. 22, 2017
Summary: ORDER (Docket No. 35) NANCY J. KOPPE , Magistrate Judge . On June 8, 2017, Defendant filed a notice of assertion of right regarding shackling. Docket No. 32. The notice relates to the issuance of the en banc decision in United States v. Sanchez-Gomez, __ F.3d ___, 2017 WL 2346995 (9th Cir. May 31, 2017). 1 On June 14, 2017, the Government moved to strike that notice, arguing that it mischaracterizes the Ninth Circuit's decision. Docket No. 35. These filings are not tethered to any par
Summary: ORDER (Docket No. 35) NANCY J. KOPPE , Magistrate Judge . On June 8, 2017, Defendant filed a notice of assertion of right regarding shackling. Docket No. 32. The notice relates to the issuance of the en banc decision in United States v. Sanchez-Gomez, __ F.3d ___, 2017 WL 2346995 (9th Cir. May 31, 2017). 1 On June 14, 2017, the Government moved to strike that notice, arguing that it mischaracterizes the Ninth Circuit's decision. Docket No. 35. These filings are not tethered to any part..
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ORDER
(Docket No. 35)
NANCY J. KOPPE, Magistrate Judge.
On June 8, 2017, Defendant filed a notice of assertion of right regarding shackling. Docket No. 32. The notice relates to the issuance of the en banc decision in United States v. Sanchez-Gomez, __ F.3d ___, 2017 WL 2346995 (9th Cir. May 31, 2017).1 On June 14, 2017, the Government moved to strike that notice, arguing that it mischaracterizes the Ninth Circuit's decision. Docket No. 35. 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
