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USA v. Clinton Reid 16-50015 4th Amendment - LOST!

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LOST!

It just goes to show that oral arguments do not always predict the way the decision will come down.  

Here is the link to the unpublished decision.




Do people who carry firearms fall completely outside the scope of the Fourth Amendment protections?  The district court judge in my California Open Carry lawsuit, Samuel James Otero, said that people who carry firearms have no Fourth Amendment protections.  California Governor Brown and California Attorney General Becerra (and former CA AG Harris) say the judge was right and seek to affirm the decision of the district court.

In this case, USA v. Clinton Reid, the Federal prosecutors also claim that mere possession of a firearm constitutes reasonable suspicion/probable cause that a crime has been committed.

Oral arguments in the case were heard on June 9, 2017.  Two of the three judges on the panel expressed skepticism with the Federal governments position.

Hopefully, there will be a favorable published decision in this appeal prior to my appeal being decided.

2017-06-09 9:00 am Courtroom 2, Richard H. Chambers US Court of Appeals, Pasadena
Before: LIPEZ (Court of Appeals, 1st Circuit), BEA, and HURWITZ, Circuit Judges




Update by Charles Nichols, President of California Right To Carry – June 16, 2017 – This page created.




You Will Need a Federal PACER Account in Order to Access the Court Filings from the Federal Docket

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 16-50015 Docketed: 01/08/2016
USA v. Clinton Reid
Appeal From: U.S. District Court for Southern California, San Diego
Fee Status: USA – No Fee Req
Case Type Information:
     1) criminal
     2) Interlocutory
     3) null
Originating Court Information:
     District: 0974-3 : 3:15-cr-01349-BAS-1
     Court Reporter: Dana Yvonne Peabody
     Trial Judge: Cynthia A. Bashant, District Judge
     Date Filed: 05/21/2015
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     12/10/2015      12/10/2015      01/08/2016      01/08/2016
Prior Cases:
     None
Current Cases:
     None

 

UNITED STATES OF AMERICA
Plaintiff – Appellant,
Andrew Richard Haden, Assistant U.S. Attorney
Direct: 619-557-6340
[COR NTC Assist US Attorney]
Office of the US Attorney
880 Front Street
San Diego, CA 92101Helen H. Hong, Assistant U.S. Attorney
Direct: 619-557-7459
[COR NTC Assist US Attorney]
Office of the US Attorney
Room 6293
880 Front Street
San Diego, CA 92101
   v.
CLINTON MACK REID
Defendant – Appellee,
James Fife, Attorney
Direct: 619-234-8467
[COR NTC Assist Fed Pub Def]
Federal Defenders of San Diego, Inc.
Suite 900
225 Broadway
San Diego, CA 92101-5030Kara Hartzler
Direct: 619-234-8467
[COR NTC Fed Public Defender]
Federal Defenders of San Diego, Inc.
Suite 900
225 Broadway
San Diego, CA 92101-5030

UNITED STATES OF AMERICA,

Plaintiff – Appellant,

v.

CLINTON MACK REID,

Defendant – Appellee.

01/08/2016  1 
11 pg, 325.06 KB
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: N/A. Transcript ordered by 01/29/2016. Transcript due 02/29/2016. Appellant briefs and excerpts due by 04/08/2016 for United States of America. Appellee brief due 05/09/2016 for Clinton Mack Reid. Appellant’s optional reply brief is due 14 days after service of the answering brief. [9821410] (IV) [Entered: 01/08/2016 04:09 PM]
03/30/2016  2 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant USA. New requested due date is 05/09/2016. [9921207] [16-50015] (Hong, Helen) [Entered: 03/30/2016 11:46 AM]
03/30/2016  3 ENTRY UPDATED. Streamlined request [2] by Appellant USA to extend time to file the brief is approved. Amended briefing schedule:Appellant briefs and excerpts due by 05/09/2016 for United States of America. Appellee brief due 06/08/2016 for Clinton Mack Reid. The optional reply brief is due 14 days from the date of service of the answering brief. (CHANGED REQUESTING PARTY TO USA) [9921320]–[Edited 03/31/2016 by JN] (JN) [Entered: 03/30/2016 12:38 PM]
04/05/2016  4 
2 pg, 79.68 KB
Filed (ECF) notice of appearance of Kara Hartzler for Appellee Clinton Mack Reid. Date of service: 04/05/2016. [9928703] [16-50015] (Hartzler, Kara) [Entered: 04/05/2016 04:35 PM]
04/06/2016  5 Attorney Leila Wylie Morgan in 16-50015 substituted by Attorney Kara Hartzler in 16-50015 [9929816] (MT) [Entered: 04/06/2016 01:58 PM]
05/09/2016  6 
306 pg, 7.54 MB
Submitted (ECF) excerpts of record. Submitted by Appellant USA. Date of service: 05/09/2016. [9970190] [16-50015] (Hong, Helen) [Entered: 05/09/2016 05:01 PM]
05/09/2016  7 
3 pg, 80.54 KB
Filed (ECF) Appellant USA Motion to transmit exhibit. Date of service: 05/09/2016. [9970251] [16-50015] (Hong, Helen) [Entered: 05/09/2016 06:00 PM]
05/09/2016  8 
48 pg, 227.79 KB
Submitted (ECF) Opening Brief for review. Submitted by Appellant USA. Date of service: 05/09/2016. [9970263] [16-50015] (Hong, Helen) [Entered: 05/09/2016 06:32 PM]
05/11/2016  9 
2 pg, 185.42 KB
Filed clerk order: The opening brief [8] 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: 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 [6] submitted by USA. 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. [9972615] (LA) [Entered: 05/11/2016 10:46 AM]
05/18/2016  10 Received 7 paper copies of Opening Brief [8] filed by USA. [9981240] (SD) [Entered: 05/18/2016 11:04 AM]
05/18/2016  11 Filed 4 paper copies of excerpts of record [6] in 2 volume(s) filed by Appellant USA. [9982294] (SML) [Entered: 05/18/2016 04:08 PM]
06/01/2016  12 
4 pg, 17.67 KB
Filed (ECF) Appellee Clinton Mack Reid Unopposed Motion to extend time to file Answering brief until 09/06/2016. Date of service: 06/01/2016. [9998436] [16-50015] (Hartzler, Kara) [Entered: 06/01/2016 01:43 PM]
06/07/2016  13 
1 pg, 184.47 KB
Filed clerk order (Deputy Clerk: th): Granting Motion (ECF Filing) filed by Appellee to extend time to file brief . Appellee brief due 09/06/2016 for Clinton Mack Reid. The optional reply brief is due 14 days after service of the answering brief. [10004580] (TH) [Entered: 06/07/2016 09:06 AM]
08/29/2016  14 
4 pg, 77.46 KB
Filed (ECF) Appellee Clinton Mack Reid Unopposed Motion to extend time to file Answering brief until 12/05/2016. Date of service: 08/29/2016. [10103925] [16-50015] (Hartzler, Kara) [Entered: 08/29/2016 10:03 AM]
09/01/2016  15 
1 pg, 31.74 KB
Filed order (Appellate Commissioner): The appellee’s unopposed motion (docket entry [14]) for a second extension of time in which to file the answering brief is granted. The answering brief is due December 5, 2016. The optional reply brief is due within 14 days after service of the answering brief. (Pro Mo) [10110232] (MS) [Entered: 09/01/2016 02:33 PM]
10/20/2016  16 
2 pg, 76.96 KB
Filed (ECF) notice of appearance of James Fife for Appellee Clinton Mack Reid. Date of service: 10/20/2016. [10168317] [16-50015] (Fife, James) [Entered: 10/20/2016 04:40 PM]
10/21/2016  17 Added attorney James Fife for Clinton Mack Reid, in case 16-50015. [10168572] (CW) [Entered: 10/21/2016 07:11 AM]
11/28/2016  18 
5 pg, 90.48 KB
Filed (ECF) Appellee Clinton Mack Reid Unopposed Motion to extend time to file Answering brief until 12/28/2016. Date of service: 11/28/2016. [10211511] [16-50015] (Fife, James) [Entered: 11/28/2016 10:52 AM]
11/29/2016  19 
1 pg, 32.13 KB
Filed order (Appellate Commissioner): The appellee’s unopposed motion (Docket Entry No. [18] ) for a third extension of time in which to file the answering brief is granted. The answering brief is due December 28, 2016. The optional reply brief is due within 14 days after service of the answering brief. (Pro Mo) [10213295] (AF) [Entered: 11/29/2016 10:11 AM]
12/20/2016  20 
68 pg, 1.19 MB
Submitted (ECF) Answering Brief for review. Submitted by Appellee Clinton Mack Reid. Date of service: 12/20/2016. [10239614] [16-50015] –[COURT UPDATE: Attached corrected brief. 12/22/2016 by TYL] (Fife, James) [Entered: 12/20/2016 09:10 AM]
12/20/2016  21 
6 pg, 617.87 KB
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Clinton Mack Reid. Date of service: 12/20/2016. [10239665] [16-50015] (Fife, James) [Entered: 12/20/2016 09:29 AM]
12/22/2016  22 
2 pg, 185.57 KB
Filed clerk order: The answering brief [20] submitted by Clinton Mack Reid 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 CM/ECF. The Court has reviewed the supplemental excerpts of record [21] submitted by Clinton Mack Reid. 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. [10244063] (ANL) [Entered: 12/22/2016 01:52 PM]
12/27/2016  23 Received 7 paper copies of Answering Brief [20] filed by Clinton Mack Reid. [10247352] (SD) [Entered: 12/27/2016 03:46 PM]
12/27/2016  24 
1 pg, 469.44 KB
Received Appellee Clinton Mack Reid supplemental excerpts of record [21] in 1 volume. Served on 12/20/2016. Deficiencies: excerpts lack an index. Notified counsel (See attached notice). [10248050] (ANL) [Entered: 12/28/2016 11:18 AM]
12/29/2016  25 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant USA. New requested due date is 02/02/2017. [10249066] [16-50015] (Hong, Helen) [Entered: 12/29/2016 09:37 AM]
12/29/2016  26 Streamlined request [25] by Appellant USA to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 02/02/2017. [10249407] (DJW) [Entered: 12/29/2016 12:32 PM]
01/09/2017  27 Received 4 copies of corrected deficiency: supplemental excerpts of record with an index included, from Appellee Clinton Mack Reid served on 12/20/2016. [10260141] (ANL) [Entered: 01/10/2017 09:43 AM]
01/09/2017  28 Filed 4 paper copies of supplemental excerpts of record [21] in 1 volume(s) filed by Appellee Clinton Mack Reid. [10260143] (ANL) [Entered: 01/10/2017 09:44 AM]
02/02/2017  29 
30 pg, 150.74 KB
Submitted (ECF) Reply Brief for review. Submitted by Appellant USA. Date of service: 02/02/2017. [10300642] [16-50015] (Hong, Helen) [Entered: 02/02/2017 05:34 PM]
02/06/2017  30 
2 pg, 185.12 KB
Filed clerk order: The reply brief [29] 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: 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 CM/ECF. [10304224] (ANL) [Entered: 02/06/2017 03:08 PM]
02/07/2017  31 
1 pg, 32.73 KB
Filed clerk order (Deputy Clerk: HG): Appellant’s unopposed motion pursuant to 9th Cir. R. 27-14 (Docket Entry No. [7] ) to transmit to this court two DVDs, which were admitted at an evidentiary hearing before the district court as Exhibits 4 and 5, is granted. Counsel shall submit four copies of the exhibits within seven days of the date of this order. [10306194] (AF) [Entered: 02/07/2017 03:14 PM]
02/13/2017  32 Received 7 paper copies of Reply Brief [29] filed by USA. [10317534] (SD) [Entered: 02/13/2017 02:30 PM]
02/14/2017  33 Filed Appellant USA 4 copies of DVD Exhibits 4 and 5. Served on 02/13/2017. Sent to Records. [10322299] (LA) [Entered: 02/16/2017 10:52 AM]
03/01/2017  34 This case is being considered for the June 2017 Pasadena oral argument calendar. The exact date of your oral argument has not been determined at this time.
The following is a link to the upcoming court sessions: http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf.
Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: regarding availability for oral argument).
The Court discourages motions to continue after this 3-day period.
The clerk’s office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date.
Note that your case will be set for hearing in due course if it is not assigned to this calendar.
In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10338257] (AW) [Entered: 03/01/2017 12:12 PM]
03/22/2017  35 
3 pg, 190.24 KB
Filed (ECF) Appellee Clinton Mack Reid citation of supplemental authorities. Date of service: 03/22/2017. [10366519] [16-50015] (Fife, James) [Entered: 03/22/2017 08:10 AM]
04/03/2017  36 Notice of Oral Argument on Friday, June 9, 2017 – 09:00 A.M. – Courtroom 2 – Pasadena CA.

View the Oral Argument Calendar for your case here.

Be sure to review the GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).

When you have reviewed the calendar, download the ACKNOWLEDGMENT OF HEARING NOTICE form, complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office.
[10380611] (DJW) [Entered: 04/03/2017 10:35 AM]

04/05/2017  37 
2 pg, 58.56 KB
Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Doctor James Fife for Appellee Clinton Mack Reid. [10384527] [16-50015] (Fife, James) [Entered: 04/05/2017 11:55 AM]
04/07/2017  38 
1 pg, 46.33 KB
Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Ms. Helen H. Hong for Appellant USA. [10387926] [16-50015] (Hong, Helen) [Entered: 04/07/2017 11:18 AM]
06/01/2017  39 
3 pg, 163.19 KB
Filed (ECF) Appellee Clinton Mack Reid citation of supplemental authorities. Date of service: 06/01/2017. [10456422] [16-50015] (Fife, James) [Entered: 06/01/2017 02:15 PM]
06/09/2017  40 ARGUED AND SUBMITTED TO KERMIT VICTOR LIPEZ, CARLOS T. BEA and ANDREW D. HURWITZ. [10466569] (BG) [Entered: 06/09/2017 11:31 AM]
06/12/2017  41 
1 pg, 7.18 MB
Filed Audio recording of oral argument.
Note: Video recordings of public argument calendars are available on the Court’s website, at http://www.ca9.uscourts.gov/media/
[10467994] (BG) [Entered: 06/12/2017 08:07 AM]
06/13/2017  42 
3 pg, 110.5 KB
Filed (ECF) Appellant USA citation of supplemental authorities. Date of service: 06/13/2017. [10472024] [16-50015] (Hong, Helen) [Entered: 06/13/2017 04:44 PM]
06/16/2017  43 
3 pg, 162.09 KB
Filed (ECF) Appellee Clinton Mack Reid citation of supplemental authorities. Date of service: 06/16/2017. [10476077] [16-50015] (Fife, James) [Entered: 06/16/2017 09:06 AM]
06/16/2017  44 
3 pg, 161.65 KB
Filed (ECF) Appellee Clinton Mack Reid citation of supplemental authorities. Date of service: 06/16/2017. [10476104] [16-50015] (Fife, James) [Entered: 06/16/2017 09:15 AM]

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