GENERAL DOCKET FOR
Second Circuit Court of Appeals
Filed: 01/18/00
Court of Appeals Docket #: 00-1025
Nsuit: 0
USA v. El-Hage, et al
Appeal from: U.S. District Court for the Southern District of New York
Case type information:
1) Criminal
2) Pre-Sentencing Guidelines
3) none
Lower court information:
District: 0208-01: 98-cr-1023
Trial Judge: Leonard B. Sand
Date Filed: 9/21/98
Date order/judgment: 1/12/00
Date NOA filed: 1/18/00
Fee status: ifp granted
Prior cases: None
Current cases: None
Panel Assignment:
Panel: RJC JAC DGT 506 :USC 3/13/00 am
Date of decision: 5/25/00
INDIV HEARD
CLOSED C91577
808 1 Y
UNITED STATES OF AMERICA Patrick J. Fitzgerald, Esq.
Appellee 212-637-1045
[COR LD NTC ret]
U.S. Attorney's Office
Southern District of New York
1 St. Andrews Plaza
Att: Brenda Lewis, Legal
Secretary
New York, NY 10007
FAZUL ABDULLAH MOHAMMED
aka
Harun Fazhl
aka
Fazhl Abdullah
aka
Fazhl Khan
Defendant
MOHAMED SADEEK ODEH
aka
Abu Moath
aka
Noureldine
aka
Marwan
aka
Hydar
Defendant
MOHAMED RASHED DAOUD AL-OWHALI
aka
Khalid Salim Saleh Bin Rashed
aka
Abdul Jabbar Ali Abel-Latif
Defendant
MUHAMMAD ATEF
aka
Abu Hafs
aka
Abu Hafs El Masry
aka
Taysir
aka
Aheikh Taysir Abdullah
Defendant
MUSTAFA MOHAMED FADHIL
aka
Mustafa Ali Elbishy
aka
Hussein
aka
Hassan Ali
Defendant
KHALFAN KHAMIS MOHAMED
aka
Khalfan Khamis
Defendant
AHMED KHALFAN GHAILANI
aka
Fupi
aka
Abubakary Khalfan Ghailiani
Defendant
FAHID MOHAMMED MSALAM
aka
Fahad M. Ally
Defendant
SHEIKH AHMED SALIM SWEDAN
aka
Sheikh Bahamadi
aka
Ahmed Ally
Defendant
ALI MOHAMED
aka
Ali Abdelseoud Mohamed
aka
Abu Omar
aka
Omar
aka
Haydara
aka
Taymour Ali Nasser
aka
Ahmed Bahaa Adam
Defendant
AYMAN AL ZAWAHIRI
aka
Abdel Muaz
Defendant
KHALED AL FAWWAZ
aka
Abu Omar
aka
Hamad
Defendant
USAMA BIN-LADEN
aka
Usamah Bin-Muhammad Bin-Ladin
aka
Shaykh Usamah Bin-Ladin
aka
Mujahid Shaykh
aka
Hajj
aka
Al Qaqa
aka
Director
Defendant
MAMDOUH MAHMUD SALIM
aka
Abu Hajer Al Iraqi
aka
Abu Hajer
Defendant
v.
WADIH EL-HAGE Sam A. Schmidt, Esq.
aka 212-346-4666
Abdus Sabbur 13th Floor
Defendant - Appellant [COR LD NTC cja]
Law Office of
Sam A. Schmidt, Esq.
111 Broadway
New York, NY 10006
Official Caption 1/
Docket No. [s]: 00-1025
UNITED STATES OF AMERICA,
Appellee,
v.
WADIH EL-HAGE, also known as Abdus Sabbur,
Defendant-Appellant,
FAZUL ABDULLAH MOHAMMED, also known as Harun Fazhl,
also known as Fazhl Abdullah, also known as Fazhl Khan,
MOHAMED SADEEK ODEH, also known as Abu Moath, also known
as Noureldine, also known as Marwan, also known as Hydar,
MOHAMED RASHED DAOUD AL-OWHALI, also known as Khalid Salim
Saleh Bin Rashed, also known as Abdul Jabbar Ali Abel-Latif,
USAMA BIN-LADEN, also known as Usamah Bin-Muhammad Bin-Ladin,
also known as Shaykh Usamah Bin-Ladin, also known as Mujahid
Shaykh, also known as Hajj, also known as Al Qaqa, also known
as Director, MUHAMMAD ATEF, also known as Abu Hafs, also known
as Abu Hafs El Masry, also known as Taysir, also known as
Aheikh Taysir Abdullah, MUSTAFA MOHAMED FADHIL, also known as
Mustafa Ali Elbishy, also known as Hussein, also known as Hassan
Ali, KHALFAN KHAMIS MOHAMED, also known as Khalfan Khamis,
AHMED KHALFAN GHAILANI, also known as Fupi, also known as
Abubakary Khalfan Ghailiani, FAHID MOHAMMED MSALAM, also known
as Fahad M. Ally, SHEIKH AHMED SALIM SWEDAN, also known as
Sheikh Bahamadi, also known as Ahmed Ally, MAMDOUH MAHMUD SALIM,
also known as Abu Hajer al Iraqi, also known as Abu Hajer,
ALI MOHAMED, also known as Ali Abdelseoud Mohamed, also known as
Abu Omar, also known as Haydara, also known as Taymour Ali Nasser,
also known as Ahmed Bahaa Adam, AYMAN AL ZAWAHIRI, also known as
Abdel Muaz, also known as Ayman Al Zawahiri, also known as Doctor
and KHALED AL FAWWAZ, also known as Abu Omar, also known as Hamad,
Defendants.
Authorized Abbreviated Caption 2/
Docket No. [s]: 00-1025
USA v. EL-HAGE
1/ Fed. R. App. P. Rule 12 (a) and 32 (a).
2/ For use on correspondence and motions only.
Proceedings include all events.
00-1025 USA v. El-Hage, et al
DOCKET PROCEEDINGS
1/18/00 Copy of notice of appeal and district court docket entries
on behalf of Appellant Wadih El-Hage filed. [00-1025] (cr11)
1/18/00 Appellant Wadih El-Hage motion to expedite appeal of denial
of bail FILED (w/pfs). [1544306-2] (cr11)
1/19/00 Proposed for argument the week of 1/24/00. (ca94)
1/20/00 Proposed for argument the week of 1/31/00. (ca94)
1/24/00 Set for argument on 2/2/00 . [00-1025] (ca91)
1/26/00 Argument as early as week of 2/28/00. (ca91)
1/26/00 Order FILED GRANTING motion to expedite appeal [1544306-1]
of denial of bail [1544306-2] by Appellant Wadih El-Hage,
endorsed on motion form dated 1/18/00. IT IS HEREBY ORDERED
that the motion be and it hereby is granted unless
otherwise ordered by the Court. (BJM) (cr11)
1/26/00 Expedited criminal scheduling order filed. Record on appeal
due on 1/28/00. Appellant's brief and appendix due on
1/31/00. Appellee's brief due on 2/15/00. Reply brief due
on 2/18/00. Argument as early as week of 2/28/00. (pursuant
to paragraph no. 4 of appellant's declaration in support of
motion to expedite appeal) (cr11)
1/26/00 Notice to counsel of motion order filed 1/26/00. (cr11)
1/31/00 Appellant Wadih El-Hage defective brief "memorandum of law
in support of motion for bail" filed. Problem: under seal,
incorrect covers and requires motion to seal. Notice sent
to party to correct by 2/7/00. (cr11)
1/31/00 Appellant Wadih El-Hage defective SEALED joint appendix
filed. Problem: defective brief. Notice sent to party to
correct by 2/7/00. (cr11)
1/31/00 Appellant Wadih El-Hage brief FILED with proof of service.
(cr11)
1/31/00 Appellant Wadih El-Hage SEALED joint appendix filed w/pfs.
Number of volumes: 2. (cr11)
2/1/00 Proposed for argument the week of 2/28/00. (ca91)
2/1/00 Appellant Wadih El-Hage defective brief and appendix cured.
Satisfy defective document response due. (cr11)
2/3/00 Set for argument on 3/1/00 . [00-1025] (ca91)
2/7/00 Order adjourning oral argument FILED. (ca91)
2/7/00 Record on appeal index in lieu of record filed. (cr11)
2/8/00 Proposed for argument the week of 3/6/00. (ca91)
2/9/00 Proposed for argument the week of 3/9/00. (ca91)
2/15/00 B PANEL RM. 506 Proposed for argument the week of 3/13/00.
(ca91)
2/16/00 Appellee USA brief FILED with proof of service. (by mail
2/15/00) (cr11)
2/16/00 Appellee USA supplemental appendix filed with proof of
service. (cr11)
2/16/00 B PANEL RM. 506 Set for argument on 3/13/00 . [00-1025]
(ca91)
2/18/00 Appellant Wadih El-Hage motion to extend time for one week
to file reply brief with leave to file motion out of time
FILED (w/pfs). [1565175-1] (cr11)
2/23/00 Order FILED GRANTING motion to extend time for one week
to file reply brief with leave to file motion out of time
[1565175-1] by Appellant Wadih El-Hage, endorsed on motion
form dated 2/18/00. Extended appellant reply br. due date
is 3/1/00(FOR THE COURT-AV). (ca93)
2/28/00 Letter on behalf Appellant re: oral argument received
(cc:Cal). (cr10)
3/13/00 Case heard before CARDAMONE, CABRANES C.JJ., TRAGER D.J.
(TAPE: #38) (ca95)
3/17/00 Order filed stating, motions having been made by the
appellant, Bin-Laden, for bail pending appeal, for leave to
have the Special Administrative Measures (SAMs) and other
conditions of his confinement removed, and for another
evidentiary hearing regarding his motions for bail and
elimination of the SAMs, Upon consideration thereof, IT IS
ORDERED that the motions, and each of them, are hereby,
DENIED. An opinion of the Court will follow in due course.
(RJC, JAC, Trager by BJM) (cr17)
3/17/00 Notice to counsel re: Order issued on 3/17/00. (cr17)
3/21/00 AMENDED order filed: Motions having been made by the
appellant, El-Hage, for bail pending trial, for leave to
have the Special Administrative Measures (SAMs) and other
conditions of his confinement removed, and for another
evidentiary hearing regarding his motions for bail and
elimination of the SAMs, upon consideration thereof, IT IS
ORDERED that the motions, and each of them, are hereby,
DENIED. An opinion of the Court will follow in due course.
(Before: RJC, JAC, C.JJ., DGT, D.J., By: BJM) (cr11)
3/21/00 Notice to counsel of amended order filed 3/21/00. (cr11)
3/21/00 Certified copy of the order, filed 3/21/00 denying motions
for bail pending trial, issued to the district court. (cr11)
3/24/00 Copy of Court Reporter Acknowledgment filed. (received
2/15/00). (cr10)
4/6/00 Oral argument tape mailed to Joshua Dratel. (ca95)
5/2/00 Letter dated 5/2/00 from Patrick J. Fitzgerald, AUSA,
listing documents in the record on appeal that remain under
seal and noting that a redacted public version of the
affirmation of AUSA dated 12/30/99 and Exhibit 9 to the
declaration of Sam Schmidt, Esq. were filed with the
District Court below and can be made available to the Court
of Appeals received. (cr11)
5/4/00 Letter dated 5/3/00 from Joshua L. Dratel, Esq. requesting
that the Court take scheduling issues into account with
respect to the timing of its opinion in this appeal
received. (cr11)
5/25/00 Judgment of the district court is AFFIRMED by published
unsigned PER CURIAM opinion filed. (cr11)
5/25/00 Judgment filed. [Entry Date: 5/25/00] (cr11)
5/25/00 Notice to counsel of per curiam opinion filed 5/25/00. (cr11)
6/6/00 Note: The OPINION PRICE is $ 3.20 (rek)
6/13/00 Slip opinion received. (cr11)
6/15/00 Judgment MANDATE ISSUED. (cr11)
6/15/00 Errata sheet re: opinion dated 5/25/00 filed. (cr11)
7/7/00 Notice of filing petition for writ of certiorari for
Appellant Wadih El-Hage dated 7/3/00 filed. Supreme Ct#:
00-5008. (cr11)
10/10/00 Letter dated 10/2/00 from the Supreme Court advising of
order DENYING petition for writ of certiorari [1664637-1]
by Appellant Wadih El-Hage filed. (Supreme Court # 00-5008)
(cr11)
3/23/01 Attorney: Schmidt supplemental CJA 20 Voucher paid under
#62294-S1 (bfm)
END OF DOCKET: 00-1025