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United States Court Cases

District Of Columbia Court Of Appeals Record

REGINALD C. SPEARS V. UNITED STATES

Case Information: 93-CO-0855
Short Caption:REGINALD C. SPEARS V. UNITED STATESClassification:Appeals - Criminal Other - Sentencing Issues only
Lead: 93-CO-0714 Consolidated: 93-CF-0730 , 93-CF-0770 , 93-CO-0761 , 93-CO-0769 , 93-CO-0855
Superior Court or Agency Case Number:F2740-90Filed Date:06/25/1993

Opening Event Date:06/25/1993Case Status:Closed
Record Completed:12/14/1993Post-Decision Matter Pending:
Briefs Completed:04/13/1995
Argued/Submitted:09/07/1995
Disposition:Next Scheduled Action:
Mandate Issued:07/03/1996

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantReginald C. Spears N
Richard S. StolkerYY
AppelleeUnited StatesN
John R. Fisher NN
Roy W. McLeese, IIIYN

Events
Event DateStatusDescriptionResult
06/21/1993NOTICE OF APPEAL
06/25/1993NOTICE OF APPEAL
07/09/1993SUPPLEMENTAL RECORD - #1 (39 pgs/Hart) 4/8/93 proc. - in 93-CO-714
07/27/1993ORDER - appellant shall, within 15 days from the date of this order, tender the $50 docketing fee and file the docketing statement with this court, and file the designation of record and statement regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148. F/O appellant shall simultaneously file a copy of those documents with this court, accompanied by a motion for leave to file documents out of time and this court's $10 motion fee. The motion should set forth good cause for the failure either to timely file or to request an extension of time within which to do so. Failure to comply with this order may result in the dismissal of this appeal. See D.C App. R.14. (By WHN)
07/29/1993SUPPLEMENTAL RECORD #3 (13-pgs/shelton 9/16/92 proc.)
08/02/1993SUPPLEMENTAL RECORD - #4 (13 pgs/Salazar) 9/17/92 proc.
08/04/1993SUPPLEMENTAL RECORD #5 (638-pgs/holland Sept. 22,23,24,25/92 proc.)
08/05/1993APPOINTING COUNSEL/CO REFERRAL (CJA) Richard S. Stolker, Esq.
08/09/1993RECORD ON APPEAL (for 93-CO-855)
08/09/1993RECORD ON APPEAL (for 93-CF-770)
08/13/1993APPELLANT'S DOCKETING STATEMENT
08/16/1993APPELLANT'S DOCKETING STATEMENT (93 co 855)
09/07/1993RECORD ON APPEAL (in 93-CF-730)
09/07/1993RECORD ON APPEAL
10/08/1993RECEIVED Copy of a order filed in superior court
10/13/1993SUPPLEMENTAL RECORD #2 (54 pages--Salazar) (9/17/92 proceedings)
12/03/1993SUPPLEMENTAL RECORD #2 (99 pages--Shelton) (9/17/92 proc.)
12/13/1993SUPPLEMENTAL RECORD #2 (108-pgs/tanner sept. 18, 1992 proc.)
12/14/1993SUPPLEMENTAL RECORD - #3 (5-pgs/swaringer 12/22/92 proc.)
12/14/1993RECORD COMPLETED
09/27/1994ORDER: The brief of appellant shall be filed within 40 days from the date of this order and the brief of appellee shall be filed within 30 days thereafter. Any requests for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By WHN)
10/05/1994APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION of the United States to amend briefing schedule.
11/07/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to and including December 7, 1994.
12/13/1994APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF
12/13/1994RECEIVED - aplt's brief
12/19/1994Appellant Lee's motion for an extension of time within which to file his brief, unopposed by the government.
01/09/1995ORDER GRANT APLE-X-APLT MO TO EXT TM TO FILE BRIEF AND FOR LEAVE TO FILE BRIEF, and the brief of aple-x-aplt Reginald C. Spears is filed. (by: NG)
01/09/1995APPELLEE/CROSS-APPELLANT'S BRIEF (Reginald C. Spears)
01/09/1995ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant-x-appellee David Lee shall be filed within 30 days from the date of this order. (by: NG)
01/09/1995ORDER GRANT APLE MISCELLANEOUS PROCEDURAL MOTION of the United States to amend the briefing schedule to the extent that the consolidated brief is filed within 30 days from the date of the brief of David Lee is filed with this court. (by: NG)
01/30/1995CHANGE OF ADDRESS RECEIVED from counsel for appellant Jonathan Zucker, Esquire Suite 910 601 Indiana Avenue, NW Washington, DC 20004
01/31/1995SUPPLEMENTAL RECORD #10 (13 pgs -- C.Jones) (5/25/93 proc.)
02/07/1995APPELLANT/CROSS-APPELLEE'S BRIEF (David Lee)
03/14/1995APLE-X-APLT MOTION TO EXTEND TIME TO FILE BRIEF until 4/13/95.
04/06/1995ORDER GRANT APLE-X-APLT MO TO EXT TM TO FILE BRIEFon or before April 13, 1995. (By WHG)
04/13/1995APPELLEE/CROSS-APPELLANT'S BRIEF
04/13/1995BRIEFS COMPLETED
04/17/1995LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
04/20/1995FINAL SCREENING - REGULAR CALENDAR
05/05/1995APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF -to 5/17/95 (David Lee) no oppo
05/05/1995CERTIFICATE PER RULE 28
05/17/1995RECEIVED Reply Brief of appellant/cross appellee's David Lee (pending motion)
05/23/1995LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
06/05/1995LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING filed by: Roy W. Mcleese, III
06/06/1995ORD GRANT APLT/CROSS-APLE MO TO EXTEND TIME TO FILE REPLY BRIEF AND THE LODGED REPLY BRIEF OF APLT/CROSS-APLE, DAVID LEE IS FILED. (By WHG)
06/06/1995APPELLANT-CROSS-APPELLEE REPLY BRIEF
06/07/1995Appellant's motion for leave to file reply brief of appellant out of time, time having expired. (filed by: Richard S. Stolker, counsel for Reginald C. Spears)
06/07/1995RECEIVED Appellant's Reply Brief. (filed by: Richard S. Stolker, counsel for Reginald C. Spears)
06/13/1995APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF aple/aplt (U.S.) to 2 wks
06/26/1995RECEIVED reply brief for appellee/cross appellant.(filed by Roy W. McLeese ( USAO)).
07/13/1995ORDERED that the motion of appellee/cross appellant nos. 99-cf-770 and 93-cf-855 is granted,and the lodged brief is filed. F/O that the motion of appellant/cross appellee United States for an extension of time within which to file its reply brief is granted, and the lodged reply brief is filed F/O that the motion of appellant/cross appellee United States for an extension of time within which to file its reply brief is granted, and the lodged reply brief is filed. F/O that these appeals shall be scheduled for consideration before a merits division as soon as the calendar permits. (BY: WHN)
07/13/1995APPELLEE/CROSS-APPELLANT'S BRIEF
07/13/1995APPELLANT-CROSS-APPELLEE REPLY BRIEF
07/18/1995LETTER - from aplt's attorney re: time of argumenthe would like to argue before 1:00
09/06/1995ORDER sua sponte that this case scheduled to be argued on the regular calendar of Thursday, Sept. 7, 1995, at 9:30 a.m., is hereby rescheduled to be argued on Thursday, Sept. 7, 1995, at 2:00 p.m. The parties are to be present in the DCCA courtroom on the date indicated above no later than 1:55 p.m. (WASCRD)
09/07/1995FiledACTION - Argued / Submitted
09/07/1995ARGUED (Wa,Sc,Rd)
09/07/1995ARGUED (WG,SC,RD) Jonathan S. Zucker, Esquire, for appellant. Richard S. Stolker, Esquire, for appellant. Roy W. McLeese, Esquire, for appellee.
12/14/1995AFFIRMED IN PART/REVERSED IN PART Opinion
12/28/1995APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 1/26/96 (NO OPPO)
01/05/1996ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before January 26, 1996. (WA)
01/25/1996APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB David Lee to 2/9/96 (NO OPPO)
02/02/1996ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before February 9, 1996. (WA)
02/09/1996MEMORANDUM of Public Defender Service as Amicus Curiae in support of petition for rehearing or rehearing en banc.
02/12/1996APLT MO FOR LEAVE TO FILE PETITION FOR REHARING
02/12/1996RECEIVED - petition for rehearing and suggestion for rehearing en banc
02/13/1996MANDATE ISSUED IN 93-CF-770 & 93-CO-855
02/26/1996ORDER directing appellee/cross-appellant within 20 days from the date of this order to file a response to pet for reh/reh en banc (10 copies). (WA)
03/18/1996APPELLEE MOTION TO EXTEND TIME TO FILE OPPOSITION to petition for rehearing and suggestion for rehearing en banc for 93 CF 714, 93 CF 730, 93 CO 761 & 93 CO 769 (unopposed)
03/21/1996ORD GRT APLE MO TO EXTEND TIME TO FILE OPPOSITION to pet for reh/reh en banc within 15 days from the date of this order. (WA) (of United States)
03/22/1996APPELLEE'S OPPOSITION - to aplt 's (Lee) petiton for rehearing and suggestion for rehearing en banc
06/13/1996ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (petition of appellant/cross-appellee) and grant the motion of aplt/x-aple for leave to file the petition. (EB)
06/13/1996APLT'S PETITION FOR REHEARING/REHEARING EN BANC (petition of appellant/cross-appellee)
06/24/1996MANDATE ISSUED
07/03/1996MANDATE ISSUED in 93-CF-730, 93-CO-761