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US v. Nora #12-50485

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Rehearing Denied – No Cert Filed – Decision Stands

 

US v. Nora is an interesting case in which a ten year and two month sentence for “possession with intent to distribute controlled substances, possession of firearms in furtherance of a drug trafficking offense, possession of an unregistered firearm, and one count of being a felon in possession of a firearm.” was vacated because “Nora’s front porch is not a “public place.” See People v. Strider, 100 Cal. Rptr. 3d 66, 74 (Ct. App. 2009).”  Strider is the case which held that the residential property exemption to carry a loaded gun in public is restored if one has a sufficiently tall fence or other barrier to entry surrounding one’s property which, apparently, Nora had.  Here is a link to the decision.  Here is a link to the oral arguments.




Update May 13, 2015 – There is nothing on the docket about a cert petition being filed and so the decision in this case is filed.  Caveat: Just because this Federal court, in this Federal criminal case, concluded that private property surrounded by a sufficiently tall fence is a public place does not mean that it necessarily applies to you in a California criminal case.  Unlike Federal 9th Circuit three judge panel decisions, California courts are not bound by prior decisions.  California appellate courts, and by extension trial courts, are free to disregard the Strider decision.

Update January 20, 2015 – The mandate was issued on 1/9/2015.  The petition for panel rehearing was denied on 12/31/2014.




 

 

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 12-50485 Docketed: 10/12/2012
Termed: 08/28/2014
USA v. Johnny Casel Nora
Appeal From: U.S. District Court for Central California, Los Angeles
Fee Status: IFP
Case Type Information:
     1) criminal
     2) Direct Criminal
     3) null
Originating Court Information:
     District: 0973-2 : 2:09-cr-00092-SVW-1
     Court Reporter: Blanca Carvajal, Manager
     Trial Judge: Stephen V. Wilson, District Judge
     Date Filed: 01/30/2009
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     10/04/2012      10/17/2012      10/08/2012      10/08/2012

09/11/2014  43  Filed (ECF) Appellee USA Unopposed Motion to extend time to file petition for rehearing until 10/27/2014. Date of service: 09/11/2014. [9237901] (JA) [Entered: 09/11/2014 11:27 PM]
09/12/2014  44  Filed order (WILLIAM A. FLETCHER, MILAN D. SMITH, JR. and PAUL J. WATFORD) Appellee’s unopposed September 11, 2014, motion for extension of time within which to file a petition for rehearing and for rehearing en banc is GRANTED. The petition shall be filed on or before October 27, 2014. [9238615] (SM) [Entered: 09/12/2014 11:50 AM]
10/28/2014  45  Filed (ECF) Appellee USA Motion to extend time to file petition for rehearing until 11/26/2014. Date of service: 10/28/2014. [9292599] [12-50485] (JA) [Entered: 10/28/2014 11:33 AM]
10/28/2014  46  Filed (ECF) Appellant Johnny Casel Nora response opposing motion (motion to extend time to file petition for rehearing). Date of service: 10/28/2014. [9293099] [12-50485] (MJT) [Entered: 10/28/2014 02:25 PM]
10/29/2014  47  Filed order (WILLIAM A. FLETCHER, MILAN D. SMITH, JR. and PAUL J. WATFORD) Appellee’s opposed October 28, 2014, motion for extension of time within which to file a petition for rehearing and for rehearing en banc is GRANTED. The petition shall be filed on or before November 26, 2014. No further extensions shall be granted. [9293894] (SM) [Entered: 10/29/2014 09:19 AM]
11/26/2014  48  Filed (ECF) Appellee USA petition for panel rehearing (from 08/28/2014 opinion). Date of service: 11/26/2014. [9329184] [12-50485] (JA) [Entered: 11/26/2014 05:25 PM]
12/02/2014  49  Filed order (WILLIAM A. FLETCHER, MILAN D. SMITH, JR. and PAUL J. WATFORD) Appellant is directed to file a response to the petition for panel rehearing filed on November 26, 2014. The response shall not exceed 15 pages in length and shall be filed within 21 days of the date of this order. [9333713] (SM) [Entered: 12/02/2014 01:34 PM]
12/23/2014  50  Filed (ECF) Appellant Johnny Casel Nora response to Petition for Panel Rehearing, Petition for Panel Rehearing for rehearing by panel only, to set response by any party to anything. Date of service: 12/23/2014. [9360665]. [12-50485] (MJT) [Entered: 12/23/2014 03:15 PM]
12/31/2014  51  Filed order (WILLIAM A. FLETCHER, MILAN D. SMITH, JR. and PAUL J. WATFORD) The petition for panel rehearing, filed November 26, 2014, is DENIED. [9367044] (SM) [Entered: 12/31/2014 11:06 AM]
01/09/2015  52  MANDATE ISSUED.(WAF, MDS and PJW) [9376386] (RL) [Entered: 01/09/2015 10:06 AM]

 

 

You will need a Federal PACER account to access the individual filings from the docket below.

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 12-50485 Docketed: 10/12/2012
Termed: 08/28/2014
USA v. Johnny Casel Nora
Appeal From: U.S. District Court for Central California, Los Angeles
Fee Status: IFP
Case Type Information:
     1) criminal
     2) Direct Criminal
     3) null
Originating Court Information:
     District: 0973-2 : 2:09-cr-00092-SVW-1
     Court Reporter: Blanca Carvajal
     Trial Judge: Stephen V. Wilson, District Judge
     Date Filed: 01/30/2009
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     10/04/2012      10/17/2012      10/08/2012      10/08/2012
Prior Cases:
     10-50622     Date Filed: 12/22/2010     Date Disposed: 11/15/2011     Disposition: Vacated, Remanded – Judge Order
Current Cases:
     None

 

UNITED STATES OF AMERICA
Plaintiff – Appellee,
Jean-Claude Andre, Assistant U.S. Attorney
[COR LD NTC Assist US Attorney]
OFFICE OF THE U.S. ATTORNEY
312 North Spring Street
Los Angeles, CA 90012Terrence Mann
Direct: 213-894-2438
[COR LD NTC Assist US Attorney]
OFFICE OF THE U.S. ATTORNEY
15th Floor
312 North Spring Street
Los Angeles, CA 90012Max Shiner, Special Assistant U.S. Attorney
Direct: 213-894-3308
[COR LD NTC Assist US Attorney]
OFFICE OF THE U.S. ATTORNEY
312 North Spring Street
Los Angeles, CA 90012Cheryl L. O’Connor, Assistant U.S. Attorney
Direct: 213-894-0759
[COR NTC Assist US Attorney]
OFFICE OF THE U.S. ATTORNEY
11th Floor
312 North Spring Street
Los Angeles, CA 90012
   v.
JOHNNY CASEL NORA, AKA John Carter, AKA John Nora, AKA Johnny Nora, AKA Johnny Carl Nora
Defendant – Appellant,
Michael J. Treman, Esquire, Attorney
Direct: 805-962-6544
[COR LD NTC CJA Appointment]
MICHAEL J. TREMAN
Attorney at Law
30 N. Santa Ynez, #B
P.O. Box 4727
Santa Barbara, CA 93140-4727

UNITED STATES OF AMERICA,Plaintiff – Appellee,v.JOHNNY CASEL NORA, AKA John Carter, AKA John Nora, AKA Johnny Nora, AKA Johnny Carl Nora,Defendant – Appellant.

10/12/2012  1 
10 pg, 98.55 KB
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: 122 Months. Transcript ordered by 10/29/2012. Transcript due 12/28/2012. Appellant briefs and excerpts due by 02/06/2013 for Johnny Casel Nora. Appellee brief due 03/08/2013 for United States of America. Appellant’s optional reply brief is due 14 days after service of the answering brief. [8357955]–[Edited 10/29/2012 by ASW: Corrected sentence imposed.] (FB)
10/12/2012  2 Criminal Justice Act electronic voucher created. (Counsel: Mr. Michael J. Treman, Esquire for Johnny Casel Nora) [8357972] (FB)
10/16/2012  3 
2 pg, 128.15 KB
Filed (ECF) Appellee USA Correspondence: Notice of Withdrawal of Counsel. Date of service: 10/16/2012 [8362535] (CAK)
10/16/2012  4 Terminated Daniel Saunders for USA in 12-50485 [8362743] (MT)
02/06/2013  5 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Johnny Casel Nora. New requested due date is 03/08/2013 at 01:30 pm. [8502824] (MJT)
02/06/2013  6 Streamlined request [5] by Appellant Johnny Casel Nora to extend time to file the brief is approved. Amended briefing schedule: Appellant Johnny Casel Nora opening brief due 03/08/2013. Appellee United States of America answering brief due 04/08/2013. The optional reply brief is due 14 days from the date of service of the answering brief. [8503556] (LBS)
04/26/2013  7 
2 pg, 129.32 KB
Filed default order for failure to file opening brief. Appellant Johnny Casel Nora response due 05/10/2013. [8606062] (EU)
04/29/2013  8 
5 pg, 218.98 KB
Filed (ECF) Appellee USA Correspondence: Notice of Service of Order on Appellant. Date of service: 04/29/2013 [8607701] (MS)
05/10/2013  9 
56 pg, 566.29 KB
Submitted (ECF) Opening brief for review and filed Motion to file a late brief. Submitted by Appellant Johnny Casel Nora. Date of service: 05/10/2013. [8625380] (MJT)
05/10/2013  10 
372 pg, 19.45 MB
Submitted (ECF) excerpts of record. Submitted by Appellant Johnny Casel Nora. Date of service: 05/10/2013. [8625382]–[COURT UPDATE: Attached corrected excerpts (Volume III). Resent NDA. 05/13/2013 by RY] (MJT)
05/15/2013  11 
2 pg, 29.25 KB
Filed clerk order (Deputy Clerk: DJV): The unopposed motion of appointed counsel Michael J. Treman, Esq., for relief from default and for leave to file a late opening brief and excerpts of record is granted. The Clerk shall file the opening brief and excerpts of record submitted on May 10, 2013. Appellee’s answering brief is due within 30 days after the date of this order; and the optional reply brief is due within 14 days after service of the answering brief. See Fed. R. App. P. 31(a)(1). The Clerk shall serve this order on counsel and appellant individually at Reg. No. 55882-112, Federal Correctional Institution, 3600 Guard Road, Lompoc, California 93436. [8629422] (KKW)
05/15/2013  12 
2 pg, 83.67 KB
Filed clerk order: The opening brief [9] submitted by Johnny Casel Nora 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 paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [10] submitted by Johnny Casel Nora. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8629972] (RH)
06/05/2013  13 Filed Appellant Johnny Casel Nora paper copies of excerpts of record [10] in 3 volume(s). [8655970] (GV)
06/05/2013  14 Received 7 paper copies of Opening brief [9] filed by Johnny Casel Nora. [8656360] (SD)
06/07/2013  15 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USA. New requested due date is 07/15/2013. [8660384] (MS)
06/10/2013  16 Streamlined request [15] by Appellee USA to extend time to file the brief is approved. Amended briefing schedule: Appellee United States of America answering brief due 07/15/2013. The optional reply brief is due 14 days from the date of service of the answering brief. [8661018] (LKK)
07/15/2013  17 
65 pg, 331.99 KB
Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 07/15/2013. [8704755] (MS)
07/16/2013  18 
2 pg, 86.15 KB
Filed clerk order: The answering brief [17] 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 paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8705357] (GV)
07/22/2013  19 Received 7 paper copies of Answering brief [17] filed by USA. [8712899] (SD)
07/29/2013  20 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Johnny Casel Nora. New requested due date is 08/26/2013 at 05:00 pm. [8721316] (MJT)
07/29/2013  21 Streamlined request [20] by Appellant Johnny Casel Nora to extend time to file the brief is approved. Amended briefing schedule:. [8721387] (LKK)
08/26/2013  22 
14 pg, 258.05 KB
Submitted (ECF) Reply Brief for review. Submitted by Appellant Johnny Casel Nora. Date of service: 08/26/2013. [8757135]–[COURT UPDATE: Replaced brief (signatures), resent notice. 08/27/2013 by ASW] (MJT)
08/27/2013  23 
2 pg, 86.18 KB
Filed clerk order: The reply brief [22] submitted by Johnny Casel Nora 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 printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8758747] (GV)
09/05/2013  24 Received 7 paper copies of Reply brief [22] filed by Johnny Casel Nora. [8770366] (SD)
10/29/2013  25 RECEIVED (ORIGINAL) CERTIFIED RECORD ON APPEAL. Record Part: Other Documents, Sealed: y. [8840961] (MM)
11/05/2013  26 
9 pg, 720.08 KB
Notice of Oral Argument on JANUARY Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: PASADENA Office. Please open attached documents to view details about your case. [8919502] (LN)
12/30/2013  27 
1 pg, 63.99 KB
Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Michael J. Treman, Esquire for Appellant Johnny Casel Nora. [8920246] (MJT)
12/31/2013  28 
2 pg, 87.44 KB
Filed (ECF) notice of appearance of Cheryl L. O’Connor for Appellee USA. Date of service: 12/31/2013. [8921067] (JA)
12/31/2013  29 Added attorney Cheryl L. O’Connor for USA [8921134] (JFF)
12/31/2013  30 
1 pg, 73.03 KB
Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Ms. Cheryl L. O’Connor for Appellee USA. [8921198] (CLO)
01/08/2014  31 ARGUED AND SUBMITTED TO WILLIAM A. FLETCHER, MILAN D. SMITH, JR. and PAUL J. WATFORD. [8929749] (BG)
01/17/2014  32 
2 pg, 44.03 KB
Filed order (WILLIAM A. FLETCHER, MILAN D. SMITH, JR. and PAUL J. WATFORD) The parties are ordered to file supplemental briefs addressing the following issues: (1) was the evidence obtained after the arrest—namely, Nora’s identity, the marijuana and cash found on Nora’s person, and the statements Nora made following his arrest—admissible under New York v. Harris, 495 U.S. 14 (1990), in the event that police had probable cause to arrest Nora but exigent circumstances did not justify his warrantless in-home arrest; (2) how the suppression of any evidence related to that arrest affects the validity of the search warrant issued for Nora’s residence, including whether portions of the warrant can be severed; and (3) whether the government has waived any arguments beyond the questions of whether probable cause and exigent circumstances justified Nora’s warrantless inhome arrest? Nora’s supplemental brief shall be filed no later than 14 days after entry of this order. The government’s supplemental brief shall be filed no later than 14 days after Nora’s supplemental brief is filed, and Nora’s reply brief, if any, shall be filed no later than 14 days after the government’s answering brief. Each primary brief shall not exceed 20 pages and Nora’s reply brief shall not exceed 15 pages. [8944197] (SM)
01/31/2014  33 
21 pg, 243.76 KB
Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Johnny Casel Nora. Date of service: 01/31/2014. [8962090] (MJT)
02/03/2014  34 
2 pg, 86.16 KB
Filed clerk order: The supplemental brief [33] submitted by Johnny Casel Nora 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: tan. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8962640] (GV)
02/10/2014  35 Received 7 paper copies of Supplemental brief [33] filed by Johnny Casel Nora. (sent to panel) [8972842] (SD)
02/14/2014  36 
29 pg, 242.23 KB
Submitted (ECF) Supplemental Brief for review. Submitted by Appellee USA. Date of service: 02/14/2014. [8980217] (CLO)
02/18/2014  37 
2 pg, 85.77 KB
Filed clerk order: The supplemental brief [36] 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: tan. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8980891] (LA)
02/21/2014  38 Received 7 paper copies of Supplemental brief [36] filed by USA. (sent to panel) [8987718] (SD)
02/28/2014  39 
16 pg, 215.07 KB
Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Johnny Casel Nora. Date of service: 02/28/2014. [8998344]–[COURT UPDATE: Edited docket text to reflect correct brief type. Resent NDA. 03/03/2014 by RY] (MJT)
03/03/2014  40 
2 pg, 86.16 KB
Filed clerk order: The supplemental brief [39] submitted by Johnny Casel Nora 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: tan. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8998776] (GV)
03/06/2014  41 Received 7 paper copies of Supplemental brief [39] filed by Johnny Casel Nora. (sent to panel) [9005371] (SD)
08/28/2014  42 
29 pg, 599.04 KB
FILED OPINION (WILLIAM A. FLETCHER, MILAN D. SMITH, JR. and PAUL J. WATFORD) REVERSED AND REMANDED. Judge: PJW Authoring. FILED AND ENTERED JUDGMENT. [9221935] (RP)
09/11/2014  43 
7 pg, 78.58 KB
Filed (ECF) Appellee USA Unopposed Motion to extend time to file petition for rehearing until 10/27/2014. Date of service: 09/11/2014. [9237901] (JA)
09/12/2014  44 
1 pg, 32.13 KB
Filed order (WILLIAM A. FLETCHER, MILAN D. SMITH, JR. and PAUL J. WATFORD) Appellee’s unopposed September 11, 2014, motion for extension of time within which to file a petition for rehearing and for rehearing en banc is GRANTED. The petition shall be filed on or before October 27, 2014. [9238615] (SM)

 

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