General Docket
US Court of Appeals for the Second Circuit

Second Circuit Court of
Appeals

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DISPOSED

Court of Appeals Docket #: 06-5015-cr
Nsuit :

USA v. Sattar Filed 10/31/06

Appeal SDNY (NEW YORK CITY)
from:

Case type information:

Criminal

Appeal of Conviction & Sentence

None

Lower court information:

District: 02-cr-395

Trial Judge: John G. Koeltl

MagJudge:

Date Filed: 04/09/02

Date order/judgement: 10/26/2006

Date NOA filed: 10/17/2006

Fee status: IFP

Panel Assignment:

Panel: JMW GC RDS 500 Pearl

Date of decision: 11/17/09

Prior cases: NONE

Current cases NONE

Official Caption 1/
LEAD

DISPOSED

--------------------------------------
Docket No. [s] : 06-5015 -cr (L), 06-5031-cr (Con),
06-5093-cr (Con), 06-5131-cr (XAP), 06-5135-cr (XAP),
06-5143-cr (XAP)


United States of America,

Appellee-Cross-Appellant,


v.


Lynne Stewart, Mohammed Yousry, Ahmed Abdel Sattar,

Defendants-Appellants-Cross-Appellees.

--------------------------------------



Authorized Abbreviated Caption 2/
--------------------------------------
Docket No. [s] : 06-5015 -cr

USA v. Sattar
--------------------------------------



---------------------------------------------------------
-----------------
1/ Fed. R. App. P. Rule 12 [a] and 32 [a].
2/ For use on correspondence and motions only.

Docket as of November 20, 2009 1:32 am Page 2

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DISPOSED

United States of America Anthony S. Barkow Esq.

Appellee-Cross-Appellant [ LD n ]
U.S. Attorney`s Office,Southern
District of New York
1 St. Andrew`s Plaza
New York , NY , 10007

212-637-2580

Mohammed Yousry David Stern Esq.

Defendant-Appellant-Cros [ LD ret ]
s-Appellee Rothman Schneider Soloway &
Stern, LLP
100 Lafayette St.
New York , NY , 10013

212-571-5500

Lynne Stewart Joshua L. Dratel Esq.

Defendant-Appellant-Cros [ LD cja ]
s-Appellee Law office of Joshua L. Dratel,
Esq.
2 Wall Street
New York , NY , 10005

973-746-1490

Ahmed Abdel Sattar Kenneth A. Paul Esq.

Defendant-Appellant-Cros [ LD cja ]
s-Appellee Law office of Kenneth A. Paul,
Esq.
111 Broadway
New York , NY , 10006

212-587-8000

Docket as of November 20, 2009 1:32 am Page 3

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DISPOSED

Washington Legal Foundation Richard A. Samp Esq.

Movant [ LD ret ]
Washington Legal Foundation

2009 Massachusetts Ave., N.W.
Washington , DC , 20036

202-588-0302

Docket as of November 20, 2009 1:32 am Page 4

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DISPOSED

10/31/06 Copy of notice of appeal and district court
docket entries on behalf of APPELLANT
Mohammed Yousry, filed. [Entry date Nov
8 2006 ] [MR]

11/15/06 Court Reporter acknowledgment of Form B on
behalf of APPELLANT-CROSS-APPELLEE Ahmed
Sattar, filed. [Entry date Dec 28 2006 ]
[RO]

11/17/06 Scheduling order #1 filed. Record on appeal
due 12/7/2006. Appellants brief due
1/8/2007. Appellees brief due 2/7/2007.
Appellant reply brief due 2/21/2007. Anders
response due 1/22/2007. Ready week
3/19/2007. [Entry date Nov 17 2006 ] [MR]

11/17/06 Notice to counsel re: Scheduling Order
issued on 11/17/06. [Entry date Nov 17
2006 ] [MR]

12/4/06 Letter received from Elba L. Torres re: to
update current address for attorney David
Stern. [Entry date Dec 7 2006 ] [MR]

12/6/06 Record on appeal index in lieu of record
filed. [Entry date Dec 7 2006 ] [MR]

12/13/06 Record on appeal index in lieu of record
filed. [Entry date Dec 15 2006 ] [MR]

12/29/06 Appellant-Cross-Appellee Lynn Stewart
motion to extend time to file appellant's
brief and appendix, filed with proof of
service. (to AA) [Entry date Jan 3 2007
] [MR]

1/8/07 AFFIRMATION in opposition to
defendant-appellant's motion to extend time
to file her brief, filed with proof of
service. (to AA) [Entry date Jan 8 2007
] [MR]

1/16/07 Notice to counsel re: Motion order issued on
1/16/07. [Entry date Jan 16 2007 ] [MR]

1/16/07 Order FILED GRANTING motion to extend time
to file appellant`s brief and appendix by
Appellant-Cross-Appellee Lynn Stewart,
endorsed on motion dated 12/29/2006 Extended
Appellants brief due is 3/12/2007. Extended
Appellees brief due is 4/11/2007. Extended

Docket as of November 20, 2009 1:32 am Page 5

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DISPOSED

Ready week is 5/28/2007. (by AH) [Entry
date Jan 16 2007 ] [MR]

2/13/07 Appellant-Cross-Appellee Ahmed Sattar
motion to extend time to file appellant's
brief and appendix to 8/13/07, filed with
proof of service. (to AA) [Entry date Feb
14 2007 ] [MR]

2/16/07 Letter received from AUSA Andrew S. Dember
re: government requests that it be permitted
to file a response to this motion no later
than 2/22/07. [Entry date Feb 26 2007 ]
[MR]

2/22/07 AFFIRMATION by USA in response to
defendant-appellants second motion for an
extension of time, filed with proof of
service. (to AA) [Entry date Feb 26 2007
] [MR]

2/28/07 Appellant-Cross-Appellee Lynn Stewart motion
to be relieved as attorney and appoint CJA
attorney, filed with proof of service. (to
AA) [Entry date Mar 1 2007 ] [MR]

3/5/07 Notice to counsel re: Motion order issued on
3/5/07. [Entry date Mar 5 2007 ] [MR]

3/5/07 Order FILED GRANTING motion to extend time
to file appellant`s brief and appendix by
Appellee-Cross-Appellant United States of
America, Appellant-Cross-Appellee Ahmed
Sattar, endorsed on motion dated 2/28/2007
Extended Appellants brief due is 4/13/2007.
Extended Appellees brief due is 5/14/2007.
Extended Ready week is 6/4/2007. (by AH)
[Entry date Mar 5 2007 ] [MR]

3/7/07 Notice to counsel re: Motio order issued on
3/7/07. [Entry date Mar 7 2007 ] [MR]

3/7/07 Order FILED GRANTING motion to be relieved
as attorney by Appellant-Cross-Appellee
Lynn Stewart, GRANTING motion to appoint
CJA attorney by Appellant-Cross-Appellee
Lynn Stewart, Joshua L. Dratel, Esq. is
counsel of record, endorsed on motion dated
2/28/2007. (by AH) [Entry date Mar 7 2007
] [MR]

4/9/07 Appellant-Cross-Appellee Mohammed Yousry
motion to extend to file appellant's brief
from 4/13/07 to 6/12/07, filed with proof of
service. (to AA) [Entry date Apr 11 2007
] [MR]

4/13/07 APPELLANT-CROSS-APPELLEE Ahmed Sattar,
brief and joint appendix with proof of
service filed. [Entry date Apr 16 2007 ]
[MR]

Docket as of November 20, 2009 1:32 am Page 6

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DISPOSED

4/25/07 Attorney Joshua Dratel CJA 21 voucher for
Carol Dudek RECEIVED. [Entry date May 14
2007 ] [AO]

5/3/07 Notice to counsel re: Motion order issued on
5/3/07. [Entry date May 3 2007 ] [MR]

5/3/07 Order FILED GRANTING motion to extend time
to file appellant`s brief from 4/13/ by
Appellant-Cross-Appellee Mohammed Yousry,
endorsed on motion dated 4/9/2007 Extended
Appellants brief due is 6/12/2007; to repeat
"NO FURTHER EXTENSIONS" Extended Appellees
brief due is 7/12/2007. Extended Ready week
is 8/27/2007. ( RKW by AH) [Entry date May
3 2007 ] [MR]

5/22/07 Appellant-Cross-Appellee Mohammed Yousry
motion to (to allow) expedite minute order
request, filed with proof of service. (to
AA) [Entry date Jul 20 2007 ] [MR]

5/25/07 Notice to counsel in re: Motion Order dated
5/25/2007. [Entry date May 25 2007 ] [TS]

5/25/07 Order FILED GRANTING motion to expedite
minute order request by
Appellant-Cross-Appellee Mohammed Yousry,
endorsed on motion dated 7/18/2007. (JAC by
AH) [Entry date Jul 20 2007 ] [MR]

6/6/07 Proposed for argument the week of 9/4/07
[Entry date Jun 6 2007 ] [SC]

6/7/07 Appellant-Cross-Appellee Mohammed Yousry
motion to extend time to file apellant's
opening brief, to and including 6/29/07.
filed with proof of service. [Entry date
Jun 8 2007 ] [MR]

6/11/07 Attorney Joshua Dratel CJA 21 voucher #
7051660 for Carol Dudek APPROVED. Copy
mailed to counsel. [Entry date Jun 11 2007
] [AO]

6/22/07 Notice to counsel re: Motion order issued on
6/22/07. [Entry date Jun 22 2007 ] [MR]

6/22/07 Appellant-Cross-Appellee Mohammed Yousry
motion for reconsideration of the Court's
denial of motion for an extension of time,
filed with proof of service. (to AA)
[Entry date Jun 25 2007 ] [MR]

6/22/07 Order FILED DENYING motion to extend time to
file appellants "Stewart and Yousry" by
Appellant-Cross-Appellee Mohammed Yousry,

Docket as of November 20, 2009 1:32 am Page 7

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DISPOSED

In view of the previous order of the court
and in light of the substantial extensions
that have been granted in the past, the
motion is denied, endorsed on motion dated
6/7/2007. (by AH) [Entry date Jun 22 2007
] [MR]

6/29/07 APPELLANT-CROSS-APPELLEE Mohammed Yousry,
brief RECEIVED. [Entry date Jul 2 2007
] [MR]

6/29/07 APPELLANT-CROSS-APPELLEE Lynn Stewart,
Mohammed Yousry, appendix received. (
several Volumes) [Entry date Jul 2 2007
] [MR]

6/29/07 Trial Transcripts of RECEIVED. (several
volumes) [Entry date Jul 2 2007 ] [MR]

6/29/07 APPELLANT-CROSS-APPELLEE Ahmed Sattar,
Lynn Stewart, Mohammed Yousry, joint
appendix filed w/pfs. [Entry date Jul 2
2007 ] [MR]

6/29/07 APPELLANT-CROSS-APPELLEE Mohammed Yousry,
sealed pre-sentence report received.
[Entry date Jul 2 2007 ] [MR]

6/29/07 APPELLANT-CROSS-APPELLEE Lynn Stewart,
sealed pre-sentence report received.
[Entry date Jul 2 2007 ] [MR]

6/29/07 APPELLANT-CROSS-APPELLEE Lynn Stewart,
brief RECEIVED. [Entry date Jul 2 2007
] [MR]

6/29/07 Appellant-Cross-Appellee Mohammed Yousry
motion leave to file oversized brief filed
with proof of service. (to Cal. Team)
[Entry date Jul 2 2007 ] [MR]

6/29/07 Appellant-Cross-Appellee Lynn Stewart
motion for leave to file oversized brief
filed with proof of service. (to Cal. Team)
[Entry date Jul 2 2007 ] [MR]

6/29/07 Order FILED GRANTING motion reconsider
decision by Appellant-Cross-Appellee
Mohammed Yousry, endorsed on motion dated
6/22/2007, Order FILED GRANTING motion
extended time by Appellant-Cross-Appellee
Mohammed Yousry, endorsed on motion dated
6/22/2007 [Entry date Jul 2 2007 ] [AG]

7/2/07 Notice to counsel issued regarding order
filed June 29, 2007, granting Motion for
reconsideration before a 3 judge panel of
this Court's denial of motion for extension
of time to file brief and appendix. [Entry
date Jul 2 2007 ] [AG]

Docket as of November 20, 2009 1:32 am Page 8

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DISPOSED

7/6/07 Notice to counsel issued regarding order
filed July 6, 2007, which GRANTED the motion
for permission to file oversized brief by
Mohamed Yousry. [Entry date Jul 6 2007 ]
[AG]

7/6/07 Notice to counsel issued regarding order
filed July 6, 2007, which GRANTED the motion
for leave to file an oversized brief and to
file the motion out of time by Lynne Stewart.
[Entry date Jul 6 2007 ] [AG]

7/6/07 APPELLANT-CROSS-APPELLEE Lynn Stewart,
brief and special appendix FILED with proof
of service. [Entry date Jul 9 2007 ]
[CI]

7/6/07 APPELLANT-CROSS-APPELLEE Mohammed Yousry,
brief FILED with proof of service. [Entry
date Jul 9 2007 ] [CI]

7/6/07 Transcript I of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript II of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript III of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript IV of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript V of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript VI of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript VII of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript VIII of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript IX of XXII filed. [Entry date
Jul 9 2007 ] [CI]

Docket as of November 20, 2009 1:32 am Page 9

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DISPOSED

7/6/07 Transcript X of XXII [Entry date Jul 9
2007 ] [CI]

7/6/07 Transcript XI of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript XII of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript XIII of XXII [Entry date Jul 9
2007 ] [CI]

7/6/07 Transcript XIV of XXII filed [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript of XV of XXII filed [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript XVI of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript XVII of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript XVIII of XXII filed. [Entry
date Jul 9 2007 ] [CI]

7/6/07 Transcript XIX of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript of XX of XXII filed. [Entry
date Jul 9 2007 ] [CI]

7/6/07 Transcript XXI of XXII filed. [Entry date
Jul 9 2007 ] [CI]

7/6/07 Transcript XXII of XXII filed. [Entry date
Jul 9 2007 ] [CI]

Docket as of November 20, 2009 1:32 am Page 10

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DISPOSED

7/6/07 Order FILED GRANTING motion for permission
to file oversized brief by
Appellant-Cross-Appellee Mohammed Yousry,
endorsed on motion dated 6/29/2007 [Entry
date Jul 6 2007 ] [AG]

7/6/07 Order FILED GRANTING motion leave to file
oversized brief and to file Motion out of
time by Appellant-Cross-Appellee Lynn
Stewart, endorsed on motion dated 6/29/2007
[Entry date Jul 6 2007 ] [AG]

7/11/07 Set for argument on 9/4/07 [Entry date Jul
11 2007 ] [SC]

7/13/07 Appellee-Cross-Appellant United States of
America motion extend time to file brief and
supplemental appendix by 60 days, filed with
proof of service. (to AA) [Entry date Jul
16 2007 ] [MR]

7/18/07 Calendar argument notice mailed to
attorneys/parties. [Entry date Jul 18 2007
] [RD]

7/18/07 Appellant-Cross-Appellee Lynn Stewart
motion ( to allow) for permission to receive
compensation for work done by attorney David
B. Rankin, Esq. filed with proof of service.
(to Cal. Team) [Entry date Jul 19 2007 ]
[MR]

7/23/07 Notice to counsel: Order dated 7/23/07.
A'ee briefs due 9/21/07, Oral argument to be
rescheduled. [Entry date Jul 23 2007 ]
[CA]

7/23/07 Argument as early as week of 11/19/07.
[Entry date Jul 23 2007 ] [CA]

7/23/07 Letter received from AUSA Barkow, informing
the court of scheduling conflicts from Nov.
19 - 23, requesting oral argument be
scheduled for a date other than the dates
listed. [Entry date Jul 23 2007 ] [CA]

7/23/07 Order FILED GRANTING motion extended time by
Appellee-Cross-Appellant United States of
America, endorsed on motion dated 7/18/2007.
Case to be rescheduled for 2:00pm oral
argument on either Nov. 19 or 20, 2007.
Extended Appellees brief due is 9/21/2007.
[Entry date Jul 23 2007 ] [CA]

8/2/07 Argument as early as week of 12/17/07.
[Entry date Aug 2 2007 ] [CA]

8/2/07 REVISED Set for argument on 12/18/07 at 2:

Docket as of November 20, 2009 1:32 am Page 11

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DISPOSED

00pm. [Entry date Aug 2 2007 ] [CA]

8/2/07 Notice to counsel re: Motion order issued on
8/2/07. [Entry date Aug 2 2007 ] [MR]

8/2/07 Order filed stating: In view of the
Government`s unavailability on November 19
or 20, 2007, this case will be argued on
Tuesday, December 18, 2007 at 2:00 P.M.
[Entry date Aug 2 2007 ] [CA]

8/2/07 Order FILED GRANTING motion to receive CJA
compensation for work done by additional
attorney by Appellant-Cross-Appellee Lynn
Stewart, endorsed on motion dated 7/18/2007.
(RAK by AH) [Entry date Aug 2 2007 ]
[MR]

9/19/07 Appellee-Cross-Appellant United States of
America motion to extend time to file brief
and supplemental appendix, filed with proof
of service. (to AA) [Entry date Sep 20
2007 ] [MR]

9/24/07 Order FILED GRANTING motion for extension of
time to file a brief and supplemental
appendix by 10 days and leave to file out of
time by Appellee-Cross-Appellant United
States of America, endorsed on motion dated
9/19/2007 [Entry date Sep 26 2007 ] [AG]

9/26/07 Notice to counsel issued regarding order
filed September 24, 2007, GRANTING motion
for extension of time to file a brief and
supplemental appendix by 10 days and leave
to file out of time. [Entry date Sep 26
2007 ] [AG]

10/1/07 Appellee-Cross-Appellant United States of
America motion for leave to file an
overlength brief and permission to file
motion out of time, filed with proof of
service. (to Cal. Team) [Entry date Oct 1
2007 ] [MR]

10/2/07 APPELLEE-CROSS-APPELLANT United States of
America, brief RECEIVED. Motion pending
to file an oversize appellee brief. [Entry
date Oct 3 2007 ] [MR]

10/2/07 APPELLEE-CROSS-APPELLANT United States of
America, appendix received. Motion pending
to file an oversize brief. [Entry date Oct
3 2007 ] [MR]

10/12/07 Letter received (faxed copy) Anthony S.
Barkow re: that he will representing the
government in this matter. He requests that
oral argument not be scheduled for 1/30/08,
2/1/08, because he will out of the area on
those dates. [Entry date Oct 15 2007 ]
[MR]

Docket as of November 20, 2009 1:32 am Page 12

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DISPOSED

10/12/07 Attorney David B. Rankin CJA 20 voucher #
709293 Approved. [Entry date Nov 15
2007 ] [AO]

10/12/07 Appellant-Cross-Appellee Lynn Stewart motion
to allow permission to file an interim CJA
voucher, filed with proof of service. (to
Cal. Team) [Entry date Oct 16 2007 ] [MR]

10/15/07 APPELLEE-CROSS-APPELLANT United States of
America, brief filed with proof of service.
[Entry date Oct 15 2007 ] [JC]

10/15/07 APPELLEE-CROSS-APPELLANT United States of
America, United States of America,
appendix or addendum filed. [Entry date
Oct 15 2007 ] [JC]

10/15/07 Notice to counsel re:Order dated 10/15/07
[Entry date Oct 15 2007 ] [JC]

10/15/07 Order FILED GRANTING motion leave to file
oversized brief by Appellee-Cross-Appellant
United States of America, endorsed on motion
dated 10/1/2007 [Entry date Oct 15 2007 ]
[JC]

10/16/07 Appellant-Cross-Appellee Mohammed Yousry
motion allow permission to file an interim
voucher, filed with proof of service. (to
Cal. Team) [Entry date Oct 17 2007 ] [MR]

10/16/07 Appellant-Cross-Appellee Lynn Stewart
motion to extend time to file a reply and to
file this motion out of time, filed with
proof of service. (to Cal. Team) [Entry
date Oct 17 2007 ] [MR]

10/19/07 Order FILED GRANTING motion for extension of
time in which to file Reply and permission
to file motion out of time by
Appellant-Cross-Appellee Lynn Stewart,
endorsed on motion dated 10/16/2007.
Permission to file late is GRANTED.
Permission to file Reply brief late is also
GRANTED but only to December 1, 2007, all
briefs must be submitted by that date. No
further extensions will be granted to either
party. [Entry date Oct 25 2007 ] [AG]

10/19/07 Order FILED GRANTING motion allow by
Appellant-Cross-Appellee Lynn Stewart,
endorsed on motion dated 10/16/2007 [Entry
date Oct 25 2007 ] [AG]

10/19/07 Order FILED GRANTING motion allow by
Appellant-Cross-Appellee Mohammed Yousry,
endorsed on motion dated 10/16/2007 [Entry
date Oct 25 2007 ] [AG]

10/22/07 APPELLANT-CROSS-APPELLEE Ahmed Sattar,

Docket as of November 20, 2009 1:32 am Page 13

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DISPOSED

sealed pre-sentence report received.
[Entry date Oct 22 2007 ] [MR]

10/24/07 Appellant-Cross-Appellee Ahmed Sattar
motion to extend time to file appellant`s
reply brief to 11/19/07, filed with proof of
service. (to Cal. Team) [Entry date Oct 26
2007 ] [MR]

10/25/07 Notice to counsel issued regarding orders
filed October 19, 2007, GRANTING both
Motions for permission to file interim CJA
Vouchers, for appellant Stewart and Yousry.
[Entry date Oct 25 2007 ] [AG]

10/25/07 Notice to counsel issued regarding 3 orders
filed October 19, 2007, which GRANTED the
motion for 1) permission to file interim CJA
Voucher (Yousry) 2) permission to file
interiim CJA Voucher (Stewart) 3) extension
of time in which to file Reply and
permission to file motion out of time.
Counsel for all parties have been contacted
via phone call and informed of these
decisions. [Entry date Oct 25 2007 ] [AG]

10/30/07 Order FILED GRANTING motion extended time by
Appellant-Cross-Appellee Ahmed Sattar,
endorsed on motion dated 10/24/2007 [Entry
date Nov 2 2007 ] [SC]

11/2/07 Calendar argument notice mailed to
attorneys/parties. [Entry date Nov 2 2007
] [RD]

11/2/07 Notice to counsel re: order dated10/30/07
Granting motion for an extension of time to
file reply brief [Entry date Nov 2 2007
] [SC]

11/8/07 Letter dated 11/7/07 from Jillian S.
Harrington, Esq. re: enclosed motion
received. [Entry date Nov 9 2007 ] [KS]

11/8/07 Washington Legal Foundation brief received.
Motion is pending. [Entry date Nov 9 2007
] [RO]

11/8/07 Notice of appearance form on behalf of
Richard Samp , filed. (Orig in acco, copy to
Calendar and Admissions Dept.). [Entry
date Nov 9 2007 ] [RO]

11/8/07 Anti-Virus Certificate on behalf of
APPELLANT-CROSS-APPELLEE Lynn Stewart,
Brief, Received. [Entry date Nov 15 2007
] [RO]

11/8/07 Movant Washington Legal Foundation motion
leave to file Amici Curiae in support of the
appellee filed with proof of service.
[Entry date Nov 9 2007 ] [RO]

Docket as of November 20, 2009 1:32 am Page 14

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DISPOSED

11/8/07 Appellant-Cross-Appellee Ahmed Sattar
motion for extended time to December 1, 2007
to file reply brief filed with proof of
service. [Entry date Nov 9 2007 ] [KS]

11/14/07 Order filed stating:The Court Orders the
Government to make available three copies of
the materials submitted to the District
Court in connection with the Government's
opposition to Defendants' Motion to Suppress
Evidence Obtained Pursuant to FISA,
referenced at page 370 of the Government's
brief. The Court also orders the Government
to make available three copies of the
materials submitted to the District Court in
connection with the Government's opposition
to Defendants' Motion to Compel Disclosure
of Warrantless and/or Illegal Electronic
Surveillance, referenced at page 392 of the
Government's brief. [Entry date Nov 15
2007 ] [AV]

11/15/07 Notice to counsel re: Order dated 11/14/07.
[Entry date Nov 15 2007 ] [AV]

11/15/07 Notice to counsel re:Order granting motion
to file reply brief. [Entry date Nov 15
2007 ] [AV]

11/15/07 MOVANT Washington Legal Foundation,
Amici Curiae brief filed with proof of
service. [Entry date Nov 15 2007 ] [AV]

11/15/07 Notice to counsel re:Order granting motion
to file amicus curiae brief. [Entry date
Nov 15 2007 ] [AV]

11/15/07 Order FILED GRANTING motion for extension of
time to file reply brief by
Appellant-Cross-Appellee Ahmed Sattar,
endorsed on motion dated 11/8/2007. [Entry
date Nov 15 2007 ] [AV]

11/15/07 Order FILED GRANTING motion for leave to
file brief as amici curiae(Washington Legal
Foundations and Allied Education Foundation),
endorsed on motion dated 11/8/2007.
[Entry date Nov 15 2007 ] [AV]

11/26/07 Letter (fax) dated 10/22/07 from Kenneth A.
Paul, Esq. noting that Mr. Barry Fallick,
who was his co-counsel on this case, has
deceased and that Mr. Paul has been the
attorney of record for Mr. Sattar from the
very beginning of his case and will be
continuing to represent him on his appeal
and Ms. Jill Harrington will be arguing the
case received. [Entry date Nov 27 2007 ]
[KS]

Docket as of November 20, 2009 1:32 am Page 15

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DISPOSED

11/27/07 Order adjourning oral argument FILED.
[Entry date Nov 27 2007 ] [CA]

11/27/07 REVISED Set for argument on 1/29/08 (2:
00pm) [Entry date Nov 27 2007 ] [CA]

11/28/07 Calendar argument notice mailed to
attorneys/parties. [Entry date Nov 28 2007
] [RD]

11/28/07 APPELLANT-CROSS-APPELLEE Ahmed Sattar,
motion received. Corrected copies of the
appellant's extension of time motion filed
on 11-28-07 received and forwarded to
calendar team. The corrected motion was
also rescanned into the system. [Entry
date Nov 30 2007 ] [JK]

11/28/07 Appellant-Cross-Appellee Ahmed Sattar
motion for an extension of time until
January 11, 2008 to file reply briefs filed
with proof of service. [Entry date Nov 28
2007 ] [JT]

12/3/07 Appellant-Cross-Appellee Lynn Stewart
motion to extend time to file a reply and
for permission to file motion out of time,
filed with proof of service. [Entry date
Dec 4 2007 ] [MR]

12/3/07 Appellant-Cross-Appellee Mohammed Yousry
motion extend time to file reply brief,
filed with proof of service. (to Cal. Team)
[Entry date Dec 4 2007 ] [MR]

12/5/07 APPELLANT-CROSS-APPELLEE Mohammed Yousry,
reply brief received. Problem: motion
pending to file a reply brief. [Entry
date Dec 5 2007 ] [MR]

12/5/07 APPELLANT-CROSS-APPELLEE Mohammed Yousry,
appendix received. [Entry date Dec 5
2007 ] [MR]

12/5/07 APPELLANT-CROSS-APPELLEE Mohammed Yousry,
sealed pre-sentence report received.
[Entry date Dec 5 2007 ] [MR]

12/5/07 Appellant-Cross-Appellee Mohammed Yousry
motion file supplemental appendix filed with
proof of service. [Entry date Dec 5 2007
] [MR]

12/5/07 Order FILED DENYING motion extended time to
file reply brief by Appellant-Cross-Appellee
Mohammed Yousry, endorsed on motion dated
12/5/2007 [Entry date Dec 6 2007 ] [JC]

12/5/07 Order FILED DENYING motion extended time to

Docket as of November 20, 2009 1:32 am Page 16

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DISPOSED

file reply brief by Appellant-Cross-Appellee
Ahmed Sattar, endorsed on motion dated
12/6/2007 [Entry date Dec 10 2007 ] [JC]

12/6/07 Notice to counsel in re: order dated 12/5/07
[Entry date Dec 6 2007 ] [JC]

12/6/07 APPELLANT-CROSS-APPELLEE Lynn Stewart,
reply brief received. Problem : motion
pending to file an oversize reply brief and
supplemental appendix. [Entry date Dec 10
2007 ] [MR]

12/6/07 Appellant-Cross-Appellee Lynn Stewart motion
to extend time to file reply and permission
to file motion out of time filed with proof
of service.
[Entry date Dec 6 2007 ] [MR]

12/6/07 Appellant-Cross-Appellee Lynn Stewart motion
for leave to file oversized reply brief and
supplemental appendix to file this brief out
of time, filed with proof of service. (to
AA) [Entry date Dec 10 2007 ] [MR]

12/10/07 Notice to counsel re:Orders granting motions
to file(Yousry and Stewart) reply briefs.
[Entry date Dec 10 2007 ] [AV]

12/10/07 APPELLANT-CROSS-APPELLEE Mohammed Yousry,
REPLY BRIEF in final form filed. (w/pfs)
[Entry date Dec 10 2007 ] [AV]

12/10/07 Order FILED GRANTING motion for extension of
time to file reply by
Appellant-Cross-Appellee Lynn Stewart,
endorsed on motion dated 12/6/2007. [Entry
date Dec 10 2007 ] [AV]

12/11/07 APPELLANT-CROSS-APPELLEE Ahmed Sattar,
reply brief received. Problem : Need motion
for leave to file the reply brief for "Ahmed
Abdel Sattar" as of 12/11/07 (reciept date)
[Entry date Dec 13 2007 ] [MR]

12/11/07 Letter received from Kenneth A. Paul re:
enclosed in a sealed envelope, is an Order
that was filed in the district court under
seal by Hon. John G. Koeltl. This Order, or
memo, by Judge Koeltl is referred to in our
reply brief of our client, Ahmed Abdel
Sattar, and should be filed under seal as
part of our submission to this Court. (to
Cal. Team) [Entry date Dec 13 2007 ] [MR]

12/11/07 Copy of district court order received (UNDER
SEAL) regarding appellant "Ahmed A. Sattar"
and is referred to in the reply brief
(submitted by attorney Kenneth Paul, see
letter received on 12/11/07). [Entry date
Dec 13 2007 ] [MR]

Docket as of November 20, 2009 1:32 am Page 17

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DISPOSED

12/12/07 APPELLANT-CROSS-APPELLEE Lynn Stewart,
reply brief filed with proof of service.
[Entry date Dec 17 2007 ] [AV]

12/12/07 APPELLANT-CROSS-APPELLEE Lynn Stewart,
sealed pre-sentence report received.
[Entry date Dec 17 2007 ] [MR]

12/12/07 APPELLANT-CROSS-APPELLEE Lynn Stewart,
supplemental appendix filed with proof of
service. [Entry date Dec 17 2007 ] [AV]

12/12/07 APPELLANT-CROSS-APPELLEE Mohammed Yousry,
supplemental appendix filed with proof of
service. [Entry date Dec 17 2007 ] [AV]

12/12/07 Order FILED GRANTING motion for leave to
file oversized brief by
Appellant-Cross-Appellee Lynn Stewart,
endorsed on motion dated 12/13/2007.
[Entry date Dec 17 2007 ] [AV]

12/12/07 Order FILED GRANTING motion for an extension
of time by Appellant-Cross-Appellee Lynn
Stewart, Appellant-Cross-Appellee Mohammed
Yousry, endorsed on motion dated 12/13/2007.
[Entry date Dec 17 2007 ] [AV]

12/12/07 Order FILED GRANTING motion to file
supplemental appendix, subject to
reconsideration by panel, endorsed on motion
dated 12/13/2007. [Entry date Dec 17 2007
] [AV]

12/13/07 Appellant-Cross-Appellee Ahmed Sattar
motion (faxed copy) for leave to file a
reply brief as of 12/11/07, filed with proof
of service. (to Cal. Team) [Entry date Dec
13 2007 ] [MR]

12/14/07 APPELLANT-CROSS-APPELLEE Ahmed Abdel
Sattar, reply brief filed with proof of
service. [Entry date Dec 28 2007 ] [AG]

12/14/07 Order FILED GRANTING motion leave to file by
Appellant-Cross-Appellee Ahmed Sattar,
endorsed on motion dated 12/13/2007 [Entry
date Dec 27 2007 ] [AG]

12/17/07 Notice to counsel re:Orders dated 12/12/07.
[Entry date Dec 17 2007 ] [AV]

12/21/07 APPELLANT-CROSS-APPELLEE Mohammed Yousry,
28(J) letter received. (to Cal. Team)
[Entry date Dec 21 2007 ] [MR]

12/28/07 Notice to counsel issued regarding order
filed December 14, 2007, GRANTING motion for

Docket as of November 20, 2009 1:32 am Page 18

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DISPOSED

leave to file Reply Brief for appellant
Ahmed Abdel Sattar. [Entry date Dec 28
2007 ] [AG]

12/28/07 Calendar argument notice mailed to
attorneys/parties. [Entry date Dec 28 2007
] [RD]

1/2/08 APPELLEE-CROSS-APPELLANT United States of
America, reply brief received. [Entry
date Jan 3 2008 ] [MR]

1/2/08 Appellee-Cross-Appellant United States of
America motion leave to file overlength
reply brief and permission to file this
motion out of time, filed with proof of
service. (to Cal. Team) [Entry date Jan 3
2008 ] [MR]

1/14/08 APPELLEE-CROSS-APPELLANT United States of
America, reply brief filed with proof of
service. [Entry date Jan 14 2008 ] [AG]

1/14/08 Notice to counsel issued regarding order
filed January 14, 2008, GRANTING motion for
leave to file an overlength reply brief and
permission to file this motion out of time.
[Entry date Jan 14 2008 ] [AG]

1/14/08 APPELLANT-CROSS-APPELLEE Lynn Stewart,
28(J) letter received. (to panel) [Entry
date Jan 16 2008 ] [MR]

1/14/08 Order FILED GRANTING motion leave to file
overlength reply brief and permission to
file this motion out of time by
Appellee-Cross-Appellant United States of
America, endorsed on motion dated 1/2/2008
[Entry date Jan 14 2008 ] [AG]

1/24/08 Letter dated 1/21/08 from Tanya Chattman,
Courts Chattman, C-Span, requesting to
televise the oral argument in this case
scheduled on Tuesday, January 29th received.
[Entry date Jan 24 2008 ] [KS]

1/25/08 Notice to counsel: C-SPAN request to
televise the oral argument is DENIED.
[Entry date Jan 25 2008 ] [CA]

1/28/08 APPELLANT-CROSS-APPELLEE Mohammed Yousry,
28(J) letter received. [Entry date Jan 28
2008 ] [KS]

1/28/08 Notice to counsel re:Order granting motion
for citation of supplemental authorities.
[Entry date Jan 28 2008 ] [AV]

1/28/08 Order FILED GRANTING motion for citation of

Docket as of November 20, 2009 1:32 am Page 19

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DISPOSED

supplemental authorities by
Appellant-Cross-Appellee Mohammed Yousry,
endorsed on motion dated 1/28/2008. [Entry
date Jan 28 2008 ] [AV]

1/28/08 Appellant-Cross-Appellee Mohammed Yousry
motion for citation of supplemental
authorities filed with proof of service.
[Entry date Jan 28 2008 ] [KS]

1/29/08 Record on appeal after index filed. ( 28
vols) [Entry date Jan 29 2008 ] [VM]

1/29/08 Case heard before WALKER, CALABRESI, SACK, C.
JJ.
CD Date: 1/29/08 [Entry date Jan 30 2008
] [LY]

2/7/08 Letter received from Joshua Dratel,
requesting oral argument tape, fee paid,
receipt # 191804, forwarded to calendar
[Entry date Feb 7 2008 ] [NS]

2/7/08 Letter received from ACLU, requesting oral
argument tape, fee paid, receipt # 191802,
forwarded to calendar [Entry date Feb 7
2008 ] [NS]

2/7/08 Oral argument tape mailed to Joshua Dratel
and ACLU [Entry date Feb 7 2008 ] [LY]

4/4/08 Attorney Joshua L. Dratel's CJA20 voucher
recieved. [Entry date Apr 4 2008 ]
[KB]

4/23/08 Attorney Kenneth A. Paul's (CJA20) voucher
received [Entry date Apr 23 2008 ]
[KB]

8/4/08 Attorney David A. Ruhnke CJA 20 final
payment voucher for Appellant Mohammed
Yousry # 0820447 RECEIVED. [Entry date
Nov 26 2008 ] [MJ]

9/10/08 APPELLANT-CROSS-APPELLEE Lynne Stewart,
28(J) letter received. [Entry date Sep 10
2008 ] [MR]

11/18/08 APPELLANT-CROSS-APPELLEE Lynne Stewart,
28(J) letter FILED. [Entry date Nov 19
2008 ] [AC]

1/9/09 APPELLANT-CROSS-APPELLEE Lynne Stewart,
28(J) letter received re: supplemental
authority in this court's opinion in USA v.
Adelson, 2008 WL 5155341 (2d Cir. 12/9/08).
[Entry date Jan 9 2009 ] [MR]

Docket as of November 20, 2009 1:32 am Page 20

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DISPOSED

1/9/09 APPELLANT-CROSS-APPELLEE Lynne Stewart,
28(J) letter received. (motion pending to
file oversized 28(j) letter). [Entry date
Jan 9 2009 ] [MR]

1/9/09 Appellant-Cross-Appellee Lynne Stewart
motion for leave to file an oversized 28(j)
letter pursuant to Fed. R. App. P. 28(j),
filed with proof of service. (to AA)
[Entry date Jan 9 2009 ] [MR]

1/14/09 Notice to counsel re: Motion order issued on
1/14/09. [Entry date Jan 14 2009 ] [MR]

1/14/09 APPELLANT-CROSS-APPELLEE Lynne Stewart,
28(J) letter FILED. (to panel) [Entry
date Jan 16 2009 ] [MR]

1/14/09 Order FILED GRANTING motion for leave to
file an oversized letter pursuant to Fed. R.
App. P. 28(j) by Appellant-Cross-Appellee
Lynne Stewart, endorsed on motion dated
1/9/2009. (RKW by JP) [Entry date Jan 14
2009 ] [MR]

8/24/09 APPELLANT-CROSS-APPELLEE Lynne Stewart,
28(J) letter received. [Entry date Aug 25
2009 ] [MR]

10/7/09 APPELLANT-CROSS-APPELLEE Lynne Stewart,
28(J) letter received. (to panel) [Entry
date Oct 9 2009 ] [MR]

10/19/09 APPELLANT-CROSS-APPELLEE Lynne Stewart,
sealed pre-sentence report received.
[Entry date Oct 19 2009 ] [KR]

11/17/09 Judgment of the district court is AFFIRMED
by published signed opinion filed. (RDS)
[Entry date Nov 17 2009 ] [RO]

11/17/09 Judge Calabresi concurs in a separate
opinion, filed. [Entry date Nov 17 2009 ]
[RO]

11/17/09 Judge Walker concurrring in part and
dissenting in part in a separate opinion,
filed. [Entry date Nov 17 2009 ] [RO]

11/17/09 Judgment filed. [Entry date Nov 17 2009 ]
[RO]

11/17/09 Notice to counsel in re: Opinion dated
11/17/09 sent to all parties. [Entry date
Nov 17 2009 ] [RO]

Docket as of November 20, 2009 1:32 am Page 21

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DISPOSED

11/19/09 Order filed stating Appellant Lynne Stewart
moves for "Reconsideration of Forthwith
Surrender," and an emergency stay of
forthwith surrender pending the resolution
of this motion for reconsideration.
Appellant Mohammed Yousry moves for an
"immediate stay of [the Court`s] Order
directing the district court to order his
forthwith surrender ...," and a stay pending
further consideration of this motion. The
Government has filed a memorandum in
opposition to the motions together with a
letter from the Federal Bureau of Prisons.
Upon consideration,

IT IS HEREBY ORDERED that, based in part
upon the assertions contained in the
submissions of the Government, the motions
are DENIED. Hon JMW, GC RDS CJJ [Entry
date Nov 19 2009 ] [RO]

11/19/09 Notice to counsel in re: Copy of order dated
11/19/09 sent to all parties. [Entry date
Nov 19 2009 ] [RO]

11/19/09 Certified copy of the order, 11/19/09 issued
to the district court, [informational only].
[Entry date Nov 19 2009 ] [RO]

11/19/09 Order FILED DENYING motion reconsider
decision by Appellant-Cross-Appellee Lynne
Stewart, endorsed on motion dated 11/19/2009,
Order FILED DENYING motion for stay by
Appellant-Cross-Appellee Lynne Stewart,
endorsed on motion dated 11/19/2009. SEE
ORDER DATED 11/19/09. [Entry date Nov 19
2009 ] [RO]

11/19/09 Order FILED DENYING motion for stay by
Appellant-Cross-Appellee Mohammed Yousry,
endorsed on motion dated 11/19/2009. SEE
ORDER DATED 11/19/09. [Entry date Nov 19
2009 ] [RO]

11/19/09 Appellant-Cross-Appellee Lynne Stewart
motion for reconsideration of forthwith
surrender and emergency stay of forthwith
surrender pending the out come of this
motion filed with proof of service. [Entry
date Nov 19 2009 ] [RO]

11/19/09 Appellant-Cross-Appellee Mohammed Yousry
motion for stay of Immediate surrender filed
with proof of service. [Entry date Nov 19
2009 ] [RO]

11/19/09 Appellee-Cross-Appellant United States of
America, memorandum in opposition to
Appellant Lynne Stewart and Appellant
Mohammed Yousry motions for reconsideration
and for stay of immediate surrender filed
with proof of service. [Entry date Nov 19

Docket as of November 20, 2009 1:32 am Page 22

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DISPOSED

2009 ] [KS]

Docket as of November 20, 2009 1:32 am Page 23