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Case: United States v. Qazi

0:12-cr-60298 | U.S. District Court for the Southern District of Florida

Filed Date: Nov. 30, 2012

Closed Date: 2018

Clearinghouse coding complete

Case Summary

Two brothers, both naturalized U.S. citizens from Pakistan, were arrested while plotting to conduct a terrorist attack using a weapon of mass destruction in New York City in November 2012. They were indicted on two counts: (1) conspiring to provide material support to terrorists and (2) conspiring to use a weapon of mass destruction. This case was assigned to Judge Robert N. Scola Jr. in the U.S. District Court for the Southern District of Florida. On December 6, 2012, the U.S. Department of J…

Two brothers, both naturalized U.S. citizens from Pakistan, were arrested while plotting to conduct a terrorist attack using a weapon of mass destruction in New York City in November 2012. They were indicted on two counts: (1) conspiring to provide material support to terrorists and (2) conspiring to use a weapon of mass destruction. This case was assigned to Judge Robert N. Scola Jr. in the U.S. District Court for the Southern District of Florida.

On December 6, 2012, the U.S. Department of Justice notified the criminal defendants in this case that some of the evidence the government intended to use against them came from a FISA warrantless wiretap, pursuant to § 702 of the FISA Amendment Acts of 2008. This notice provided standing to criminal defendants to challenge the constitutionality of the government's surveillance techniques. All cases challenging this provision are available in the Foreign Targeting (702, 703, 704) special collection.

Represented by private counsel, the older brother filed a motion to exclude marital confidential communications on April 5, 2013. He tried to prevent the secretly recorded phone conversations between him and his wife from being used by the prosecutors as evidence.

He also filed motions to compel Foreign Intelligence Act of 1978 (“FISA”) materials pertaining to electronic surveillance and the physical searches pursuant to the use of information provisions: 50 U.S.C. § 1806(f) and 50 U.S.C. § 1825(g). The defendant argued that the government had not filed an affidavit indicating that the disclosure would harm national security, but nonetheless refused to disclose the materials to the defendant. The defendant’s motions were referred to Magistrate Judge John J. O’Sullivan for resolution. Represented by federal public defender’s office, the younger brother later joined these motions filed by the older brother.

The older brother filed an amended motion to compel advance notice of the government’s intent to use information obtained pursuant to 50 U.S.C. § 1881a on April 22, 2013. The younger brother later joined this motion. On May 6, 2013, Judge O’Sullivan granted the defendants’ motion.

The defendants then moved to suppress evidence derived from electronic surveillance or physical search conducted pursuant to FISA on May 21, 2013. A week later, the defendants also filed a motion requesting that the court declare the FISA, as well as FISA Amendments Act of 2008 unconstitutional. The defendants argued that the FISA violates the First and Fourth Amendments as well as Article III of the Constitution.

On March 28, 2014, the magistrate judge ordered the government to respond to this motion with a substantive memorandum of law. The government responded in April 2014 with a motion for reconsideration, stating that it no longer intended to use FAA or FISA related evidence at trial, and thus the court should not address the issue.

In June 2014, this case was reassigned to Judge Beth Bloom.

On October 29, 2014, Judge Bloom adopted Judge O’Sullivan’s report and recommendations and denied the defendants’ motion to declare FISA unconstitutional and the motion to suppress evidence pursuant to FISA. Judge Bloom indicated that he agreed with the government that the constitutionality issue was moot since the government indicated that it would not use evidence obtained from FAA-authorized surveillance.

On December 15, 2014, Judge O'Sullivan recommended that the prosecutors should be allowed to use the married couple's private phone conversations. 2014 WL 7895440. After considering Judge O’Sullivan’s recommendation, Judge Beth Bloom granted in part and denied in part the defendant’s motion to exclude marital confidential communications on February 19, 2015. Judge Bloom found that there was sufficient evidence to show that the individual defendant and his wife were joint participants in the criminal activity, and accordingly, all marital communications after this concealment were not privileged. The court reserved ruling on the two November 24, 2012 conversations until the government explained when exactly this concealment took place. 2015 WL 728386.

On March 12, 2015, the younger brother pleaded guilty to three counts: (1) conspiring to provide material support and resources to terrorists in preparation for the use of a weapon of mass destruction, (2) attempting to provide material support to a designated foreign terrorist organization and (3) conspiring to assault a federal employee. The older brother pleaded guilty to two counts: (1) conspiring to provide material support and resources to terrorists in preparation for the use of a weapon of mass destruction and (2) conspiring to assault a federal employee. The brothers acknowledged during the plea hearing that the younger brother planned to initiate an attack using a weapon of mass destruction in New York City and that he had been financially and emotionally supported by the older brother. They also admitted their participation in a conspiracy to assault federal officers.

On June 11, 2015, Judge Bloom sentenced the younger brother to 35 years in prison, and the older brother for 20 years in prison. Their prison terms would be followed by a term of ten years and five years of supervised release, respectively.

On June 3, 2016, the younger brother filed a motion to vacate his sentence (16−CV−61177). On May 15, 2017, magistrate Judge Patrick A. White submitted a report and recommendation to deny the motion to vacate as well as the certificate of appealability. On June 12, 2017, Judge Bloom adopted the recommendations from the magistrate judge and closed the case.

Summary Authors

Susie Choi (5/16/2017)

Sichun Liu (5/27/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4234716/parties/united-states-v-alam-qazi/


Judge(s)

Bloom, Beth Francine (Florida)

Matthewman, William (Florida)

O'Sullivan, John J. (Florida)

Attorneys(s) for Plaintiff

Dwyer, Jared Edward (Florida)

Ferrer, Wilfredo A (Florida)

Gilbert, Karen E. (Florida)

Levy, Jennifer E. (District of Columbia)

Attorneys(s) for Defendant

Barzee, William R. (Florida)

Chapman, Ronald Scott (Florida)

D'Arsey Houlihan, Raymond III (Florida)

Judge(s)

Bloom, Beth Francine (Florida)

Matthewman, William (Florida)

O'Sullivan, John J. (Florida)

Attorneys(s) for Plaintiff

Dwyer, Jared Edward (Florida)

Ferrer, Wilfredo A (Florida)

Gilbert, Karen E. (Florida)

Levy, Jennifer E. (District of Columbia)

Attorneys(s) for Defendant

Barzee, William R. (Florida)

Chapman, Ronald Scott (Florida)

D'Arsey Houlihan, Raymond III (Florida)

Ecarius, Daniel (Florida)

Fels, Adam S. (Florida)

Documents in the Clearinghouse

Document

0:12-cr-60298

Docket [PACER]

USA v. Qazi

July 1, 2016

July 1, 2016

Docket
1

0:12-cr-60298

Indictment

USA v. Qazi

Nov. 30, 2012

Nov. 30, 2012

Other
9

0:12-cr-60298

Notice of Intent to Use Foreign Intelligence Surveillance Act Information

U.S.A. v. Qazi

Dec. 6, 2012

Dec. 6, 2012

Pleading / Motion / Brief
10

0:12-cr-60298

Notice of Intent to Use Foreign Intelligence Surveillance Act Information

U.S.A. v. Qazi

Dec. 6, 2012

Dec. 6, 2012

Pleading / Motion / Brief
25

0:12-cr-60298

Pretrial Detention Order

Dec. 19, 2012

Dec. 19, 2012

Order/Opinion
77

0:12-cr-60298

Order

May 6, 2013

May 6, 2013

Order/Opinion
195

0:12-cr-60298

Government's Response to Defendant's Motion to Declare the FISA Amendments Act of 2008 Unconstitutional

USA v. Qazi

May 12, 2014

May 12, 2014

Pleading / Motion / Brief
259

0:12-cr-60298

Order Adopting Report and Recommendation

United States v Qazi

Oct. 29, 2014

Oct. 29, 2014

Order/Opinion
264

0:12-cr-60298

Report and Recommendation

Dec. 15, 2014

Dec. 15, 2014

Magistrate Report/Recommendation
267

0:12-cr-60298

Superseding Indictment

Jan. 16, 2015

Jan. 16, 2015

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4234716/united-states-v-alam-qazi/

Last updated Sept. 2, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link

Arrest of Sheheryar Alam Qazi (at)

Nov. 29, 2012

Nov. 29, 2012

PACER

Arrest of Raees Alam Qazi (at)

Nov. 29, 2012

Nov. 29, 2012

PACER
1

INDICTMENT as to Raees Alam Qazi (1) count(s) 1, 2, Sheheryar Alam Qazi (2) count(s) 1, 2. (gm1) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

RECAP
2

Report Commencing Criminal Action as to Sheheryar Alam Qazi - YOB: **/**/1982 Prisoner #: 01224-104 (at) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
3

Report Commencing Criminal Action as to Raees Alam Qazi - YOB: **/**/8/7/92 Prisoner #: 01223-104 (at) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

RECAP
4

Order on Initial Appearance as to Raees Alam Qazi for proceeding held on 11/30/2012 Attorney Noticing FPD-FTL for Raees Alam Qazi added for the defendant. as to Raees Alam Qazi (1) PRETRIAL DETENTION. Arraignment set for 12/7/2012 11:00 AM in Fort Lauderdale Division before FTL Duty Magistrate. Detention Hearing set for 12/7/2012 11:00 AM in Fort Lauderdale Division before FTL Duty Magistrate. (Signed by Magistrate Judge Edwin G. Torres on 11/30/2012). (at) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
5

Order on Initial Appearance as to Sheheryar Alam Qazi for proceeding held on 11/30/2012 Attorney Ronald Scott Chapman for Sheheryar Alam Qazi added for the defendant. for Criminal Case representation. Date attorney was appointed CJA: 11/30/12. as to Sheheryar Alam Qazi (2) PRETRIAL DETENTION. Arraignment set for 12/7/2012 11:00 AM in Fort Lauderdale Division before FTL Duty Magistrate. Detention Hearing set for 12/7/2012 11:00 AM in Fort Lauderdale Division before FTL Duty Magistrate. (Signed by Magistrate Judge Edwin G. Torres on 11/30/2012). (at) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
6

Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Initial Appearance as to Raees Alam Qazi held on 11/30/2012. Defendant advised of charges, deft sworn for counsel. FPD appointed. (Digital 14:35:29.) (at) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
7

Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Initial Appearance as to Sheheryar Alam Qazi held on 11/30/2012. Deft advised of charges, deft sworn for counsel. CJA appointed Ronald Chapman. (Digital 14:39:22.) (at) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
8

Invocation of Right to Silence and Counsel by Raees Alam Qazi (Wilcox, Daryl) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER

RESET Deadlines/Hearings as to Sheheryar Alam Qazi, Raees Alam Qazi: Arraignment RESET for 12/7/2012 10:00 AM in Fort Lauderdale Division before FTL Duty Magistrate. Detention Hearing RESET for 12/7/2012 10:00 AM in Fort Lauderdale Division before FTL Duty Magistrate. **PLEASE NOTE OF THE NEW TIME CHANGE ** (at)

Dec. 5, 2012

Dec. 5, 2012

PACER
9

NOTICE of Intent to Use FISA by USA as to Raees Alam Qazi (Gilbert, Karen) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

RECAP
10

NOTICE of Intent to Use FISA by USA as to Sheheryar Alam Qazi (Gilbert, Karen) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

RECAP
11

Notice of Assignment of Assistant Federal Public Defender as to Raees Alam Qazi. Attorney Daniel Ecarius added. Attorney Noticing FPD-FTL terminated. (Ecarius, Daniel) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
12

ARRAIGNMENT INFORMATION SHEET Not Guilty Plea entered as to counts Raees Alam Qazi (1) Count 1,2. Court accepts plea. Arraignment held on 12/7/2012 before Magistrate Judge Ted E. Bandstra. (dd) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

RECAP
13

ARRAIGNMENT INFORMATION SHEET Not Guilty Plea entered as to counts Sheheryar Alam Qazi (2) Count 1,2. Court accepts plea. Arraignment held on 12/7/2012 before Magistrate Judge Ted E. Bandstra. (dd) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
14

ORDER RE: SPEEDY TRIAL, PRETRIAL MATTERS as to Sheheryar Alam Qazi, Raees Alam Qazi Signed by Magistrate Judge Ted E. Bandstra on 12/7/2012. (dd) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
15

STANDING DISCOVERY ORDER as to Sheheryar Alam Qazi, Raees Alam Qazi. All motions concerning matters not covered by this order must be filed within 28 days of this order Signed by Magistrate Judge Ted E. Bandstra on 12/7/12. (dd) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
16

Minute Entry for proceedings held before Magistrate Judge Ted E. Bandstra: Arraignment as to Raees Alam Qazi (1) Count 1,2 held on 12/7/2012, Detention Hearing as to Raees Alam Qazi NOT held on 12/7/2012. PTD reset to 12/14/13. (Digital 10:03:36.) (dd) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

RECAP
17

NOTICE OF ATTORNEY APPEARANCE: Raymond D'Arsey Houlihan, III appearing for Raees Alam Qazi (Houlihan, Raymond) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
18

Minute Entry for proceedings held before Magistrate Judge Ted E. Bandstra: Arraignment as to Sheheryar Alam Qazi (2) Count 1,2 held on 12/7/2012, Detention Hearing as to Sheheryar Alam Qazi NOT held on 12/7/2012. Parties stipulate to PTD with the right to revisit at another date. (Digital 10:03:36.) (dd) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
19

NOTICE OF ATTORNEY APPEARANCE Jared E. Dwyer appearing for USA. (Dwyer, Jared) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
20

NOTICE OF HEARING (PLEASE NOTE DATE AND TIME CHANGE) as to Raees Alam Qazi Detention Hearing set for 12/17/2012 11:00 AM in Fort Lauderdale Division before FTL Duty Magistrate (Matthewman). (dd) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER

Set/Reset Deadlines/Hearings as to Raees Alam Qazi: Detention Hearing set for 12/14/2012 09:00 AM in Fort Lauderdale Division before FTL Duty Magistrate. (dd)

Dec. 7, 2012

Dec. 7, 2012

PACER
21

NOTICE OF HEARING (***PLEASE NOTE:UPDATED DATE AND TIME)as to Raees Alam Qazi Detention Hearing set for 12/18/2012 11:00 AM in Fort Lauderdale Division before FTL Duty Magistrate. (dd) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
22

ORDER Setting Trial Date as to Sheheryar Alam Qazi, Raees Alam Qazi: Calendar Call set for 1/22/2013 at 9:00 AM in Miami Division before Judge Robert N. Scola Jr.., Jury Trial set for 1/28/2013 in Fort Lauderdale Division before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr on 12/3/2012. (ail) (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

RECAP
23

CJA 20 as to Sheheryar Alam Qazi. Attorney Ronald Scott Chapman appointed for the defendant (ail) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
24

Minute Entry for proceedings held before Magistrate Judge William Matthewman: Detention Hearing as to Raees Alam Qazi held on 12/18/2012 Witness Kristine Holden testified. Gov't proceed by proffer PTD ordered (danger and flight) (Digital 11:52:01.) (at) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

PACER
25

ORDER OF DETENTION as to Raees Alam Qazi Signed by Magistrate Judge William Matthewman on 12/19/2012. (dd) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
26

TRANSCRIPT of Pretrial Detention Hearing as to Raees Alam Qazi held on 12/18/2012 before Magistrate Judge William Matthewman, 1-54 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/13/2013. Redacted Transcript Deadline set for 1/23/2013. Release of Transcript Restriction set for 3/23/2013. (Attachments: # 1 Designation)(mc) (Entered: 12/20/2012)

1 Designation

View on PACER

Dec. 20, 2012

Dec. 20, 2012

PACER
27

MOTION for Hearing Pre-Trial Conference Pursuant to CIPA Section 2 by USA as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 1/7/2013 (Gilbert, Karen) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
28

RESPONSE to Standing Discovery Order by USA as to Raees Alam Qazi, Sheheryar Alam Qazi (Gilbert, Karen) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

RECAP
29

Supplemental RESPONSE to Standing Discovery Order by USA as to Raees Alam Qazi, Sheheryar Alam Qazi (Gilbert, Karen) (Entered: 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

RECAP
30

SPEEDY TRIAL REPORT by USA as to Raees Alam Qazi, Sheheryar Alam Qazi (Gilbert, Karen) (Entered: 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

RECAP
31

DEMAND for Disclosure of Expert Witness Summaries as to Sheheryar Alam Qazi (Chapman, Ronald) (Entered: 12/31/2012)

Dec. 31, 2012

Dec. 31, 2012

PACER
32

MOTION for Protective Order by USA as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 1/22/2013 (Attachments: # 1 Exhibit)(Gilbert, Karen) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

PACER
33

PROTECTIVE ORDER granting 32 Motion for Protective Order as to Raees Alam Qazi (1), Sheheryar Alam Qazi (2) Signed by Judge Robert N. Scola, Jr on 1/2/2013. (jh) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

PACER
34

DEMAND for Disclosure of Expert Witness Summaries as to Raees Alam Qazi (Ecarius, Daniel) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

PACER
35

Supplemental RESPONSE to Standing Discovery Order by USA as to Raees Alam Qazi, Sheheryar Alam Qazi (Gilbert, Karen) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

RECAP
36

Joint MOTION to Continue Trial and Pretrial Motions Deadline by Raees Alam Qazi. Responses due by 2/4/2013 (Attachments: # 1 Text of Proposed Order)(Ecarius, Daniel) Modified on 1/17/2013 (tp). (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

PACER
37

ORDER TO CONTINUE - Ends of Justice as to Sheheryar Alam Qazi, Raees Alam Qazi Time excluded from 1/16/13 until 4/5/2013. Re: 36 Joint Motion to Continue Trial and Pretrial Motions Deadline. Status Conference set for 4/5/2013 01:00 PM in Miami Division before Judge Robert N. Scola Jr. The defendants are required present for status conference. Signed by Judge Robert N. Scola, Jr on 1/18/2013. (jh) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER

Terminate Hearings as to Sheheryar Alam Qazi, Raees Alam Qazi re 37 Order (dgj)

Jan. 22, 2013

Jan. 22, 2013

PACER
38

ORDER RESETTING TIME FOR HEARING as to Sheheryar Alam Qazi, Raees Alam Qazi, Status Conference set for 4/5/2013 02:00 PM in Miami Division before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr on 3/14/2013. (jh) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
39

ORDER TO VACATE re 38 Order Resetting Time for Hearing as to Sheheryar Alam Qazi, Raees Alam Qazi. Status Conference set for 4/5/2013 01:00 PM in Miami Division before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr on 3/14/2013. (jh) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER
40

ORDER RESETTING HEARING as to Sheheryar Alam Qazi, Raees Alam Qazi, Status Conference to set trial date and deadlines reset for Wednesday 4/10/2013 01:00 PM in Miami Division before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr on 3/22/2013. (jh) (Entered: 03/22/2013)

March 22, 2013

March 22, 2013

PACER
41

ORDER RESETTING TIME FOR HEARING as to Sheheryar Alam Qazi, Raees Alam Qazi, Status Conference reset for 4/10/2013 09:30 AM in Miami Division before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr on 4/2/2013. (jh) (Entered: 04/02/2013)

April 2, 2013

April 2, 2013

RECAP
42

SPEEDY TRIAL REPORT by USA as to Raees Alam Qazi, Sheheryar Alam Qazi (Gilbert, Karen) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
43

Defendant's MOTION to Exclude Marital Confidential Communications by Sheheryar Alam Qazi. Responses due by 4/22/2013 (Chapman, Ronald) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
44

Defendant's MOTION to Compel Lead Case Agent to Testify First at Trial by Sheheryar Alam Qazi. Responses due by 4/22/2013 (Chapman, Ronald) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
45

Defendant's MOTION to Compel FISA Materials Pertaining to Electronic Surveillance by Sheheryar Alam Qazi. Responses due by 4/25/2013 (Chapman, Ronald) (Entered: 04/07/2013)

April 7, 2013

April 7, 2013

RECAP
46

Defendant's MOTION to Compel FISA Materials Pertaining to a Physical Search by Sheheryar Alam Qazi. Responses due by 4/25/2013 (Chapman, Ronald) (Entered: 04/07/2013)

April 7, 2013

April 7, 2013

PACER
47

ORDER of Referral to Magistrate Judge as to Sheheryar Alam Qazi re 45 Defendant's MOTION to Compel FISA Materials Pertaining to Electronic Surveillance, 46 Defendant's MOTION to Compel FISA Materials Pertaining to a Physical Search . Motions referred to John J. O'Sullivan. Signed by Judge Robert N. Scola, Jr on 4/8/2013. (jua) (Entered: 04/09/2013)

April 8, 2013

April 8, 2013

PACER
48

PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Status Conference as to Sheheryar Alam Qazi, Raees Alam Qazi held on 4/10/2013. The defendants were present for hearing. AUSA's case-in-chief is estimated to take 8 to 10 trial days. Estimated trial time for AUSA and defense is approximately 3 to 4 weeks. The parties requested a second status conference in 60 to 90 days in light of the pending discovery. Second Status Conference to set trial date and other deadlines is set for 07/11/2013 at 8:30 AM. APPEARANCES: AUSA Karen Gilbert, Jennifer Levy, AFPD Daniel Ecarius, AFPD R. D'Arsey Houlihan, Ronald Chapman, Esquire. Court Reporter: Joseph Millikan, 305-523-5148 / JosephAMillikan@gmail.com (jh) (Entered: 04/10/2013)

April 10, 2013

April 10, 2013

PACER
49

ORDER TO CONTINUE - Ends of Justice as to Sheheryar Alam Qazi, Raees Alam Qazi Time excluded from 4/10/13 until 7/11/13. Second Status Conference set for 7/11/2013 08:30 AM in Miami Division before Judge Robert N. Scola Jr. to set trial date and other deadlines. Signed by Judge Robert N. Scola, Jr on 4/11/2013. (jh) (Entered: 04/11/2013)

April 11, 2013

April 11, 2013

PACER
50

ORDER RE: STATUS CONFERENCE as to Sheheryar Alam Qazi, Raees Alam Qazi. Status Conference Re: Discovery Matters set for 4/23/2013 10:30 AM in Miami Division before Magistrate Judge John J. O'Sullivan. Signed by Magistrate Judge John J. O'Sullivan on 4/11/2013. (mms) (Entered: 04/11/2013)

April 11, 2013

April 11, 2013

PACER
51

MOTION for Extension of Time to File Response as to 46 Defendant's MOTION to Compel FISA Materials Pertaining to a Physical Search, 45 Defendant's MOTION to Compel FISA Materials Pertaining to Electronic Surveillance by USA as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 5/2/2013 (Gilbert, Karen) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

RECAP
52

MOTION for Protective Order by USA as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 5/2/2013 (Attachments: # 1 Text of Proposed Order)(Gilbert, Karen) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
53

ORDER granting 51 Motion for Extension of Time to File Response as to Sheheryar Alam Qazi (2)( Responses due by 6/14/2013) Signed by Magistrate Judge John J. O'Sullivan on 4/15/2013. (mms) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
54

PAPERLESS ORDER granting 27 Motion for Pre-trial Conference Pursuant to CIPA Section 2. This Motion is granted. The Court will set a date for the hearing when the parties indicate they are ready. Signed by Judge Robert N. Scola, Jr. on 4/15/2013. (jky) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
55

ORDER REFERRING CASE to Magistrate Judge John J. O'Sullivan for resolution of all discovery motions. See attached ORDER. Signed by Judge Robert N. Scola, Jr. on 4/15/2013. (jky) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
56

Defendant's MOTION for Bond by Sheheryar Alam Qazi. Responses due by 5/2/2013 (Chapman, Ronald) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
57

NOTICE OF HEARING in case as to Sheheryar Alam Qazi re: 56 Defendant's MOTION for Bond : Per Dfse Counsel's request, Bond Hearing set for Tuesday, 4/23/2013 at (1:30 PM) 301 N. Miami Avenue, 6th Floor in Miami Division before MIA Duty Magistrate Judge Chris M. McAliley. (lw1) (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

PACER
58

Unopposed MOTION to Adopt/Join 44 Defendant's MOTION to Compel Lead Case Agent to Testify First at Trial by Raees Alam Qazi as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 5/6/2013 (Attachments: # 1 Text of Proposed Order)(Ecarius, Daniel) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

PACER
59

Unopposed MOTION to Adopt/Join 45 Defendant's MOTION to Compel FISA Materials Pertaining to Electronic Surveillance by Raees Alam Qazi as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 5/6/2013 (Attachments: # 1 Text of Proposed Order)(Ecarius, Daniel) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

PACER
60

Unopposed MOTION to Adopt/Join 46 Defendant's MOTION to Compel FISA Materials Pertaining to a Physical Search by Raees Alam Qazi as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 5/6/2013 (Attachments: # 1 Text of Proposed Order)(Ecarius, Daniel) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

PACER
61

ORDER granting 58 Motion to Adopt/Join 44 Defendant's MOTION to Compel Lead Case Agent to Testify First at Trial joined by Raees Alam Qazi (1) as to Raees Alam Qazi (1). Signed by Judge Robert N. Scola, Jr on 4/19/2013. (jh) (Entered: 04/19/2013)

April 19, 2013

April 19, 2013

PACER
62

ORDER granting 59 Motion to Adopt/Join 45 Defendant's MOTION to Compel FISA Materials Pertaining to Electronic Surveillance joined by Raees Alam Qazi (1) as to Raees Alam Qazi (1). Signed by Judge Robert N. Scola, Jr on 4/19/2013. (jh) (Entered: 04/19/2013)

April 19, 2013

April 19, 2013

PACER
63

ORDER granting 60 Motion to Adopt/Join 46 Defendant's MOTION to Compel FISA Materials Pertaining to a Physical Search joined by Raees Alam Qazi (1) as to Raees Alam Qazi (1). Signed by Judge Robert N. Scola, Jr on 4/19/2013. (jh) (Entered: 04/19/2013)

April 19, 2013

April 19, 2013

PACER
64

ORDER granting 52 Motion for Protective Order as to Raees Alam Qazi (1), Sheheryar Alam Qazi (2). Signed by Magistrate Judge John J. O'Sullivan on 4/22/2013. (mms) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

RECAP
65

Defendant's MOTION Motion for Investigative Expenses by Sheheryar Alam Qazi. Responses due by 5/9/2013 (Attachments: # 1 Text of Proposed Order Granting Defendant's Motion for Investigative Expenses)(Chapman, Ronald) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

PACER
66

Defendant's MOTION to Compel Advance Notice of the Government's Intent to Use Information Obtained Pursuant to 50 U.S.C. section 1881a by Sheheryar Alam Qazi. Responses due by 5/9/2013 (Chapman, Ronald) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

RECAP
67

Amended MOTION to Compel Advance Notice of the Government's Intent to Use Information Obtained or Derived Pursuant to the FISA Amendments Act by Sheheryar Alam Qazi. Responses due by 5/9/2013 (Chapman, Ronald) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

RECAP
68

ORDER RE: STATUS CONFERENCE, SPEEDY TRIAL, PRETRIAL MATTERS as to Sheheryar Alam Qazi, Raees Alam Qazi( Status Conference Re: Discovery Matters set for 6/5/2013 10:00 AM in Miami Division before Magistrate Judge John J. O'Sullivan.), Motion terminated as to Sheheryar Alam Qazi, Raees Alam Qazi: 66 Defendant's MOTION to Compel Advance Notice of the Government's Intent to Use Information Obtained Pursuant to 50 U.S.C. section 1881a filed by Sheheryar Alam Qazi. By 5/14/13, the Government shall file response to 67 Defendant's Amended Motion to Compel the Government to Provide Him with Advance Notice of Its Intent to Use or Disclose Information Obtained or Derived Pursuant to the FISA Amendments Act. By 5/28/13, the defendants shall file motions regarding discovery received from the government as well as any motions regarding general FISA issues. Signed by Magistrate Judge John J. O'Sullivan on 4/23/2013. (mms) (Entered: 04/23/2013)

April 23, 2013

April 23, 2013

PACER
69

Unopposed MOTION to Adopt/Join 67 Amended MOTION to Compel Advance Notice of the Government's Intent to Use Information Obtained or Derived Pursuant to the FISA Amendments Act by Raees Alam Qazi as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 5/10/2013 (Attachments: # 1 Text of Proposed Order)(Ecarius, Daniel) (Entered: 04/23/2013)

April 23, 2013

April 23, 2013

PACER
72

Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Status Conference as to Sheheryar Alam Qazi, Raees Alam Qazi held on 4/23/2013. (Digital 10:36:08.) (cg1) (Entered: 04/24/2013)

April 23, 2013

April 23, 2013

RECAP
74

Minute Order for proceedings held before Magistrate Judge Chris M. McAliley: Detention Hearing as to Sheheryar Alam Qazi held on 4/23/2013 Witness Raul Carpenteri (FBI) testified. Government request PTD. PTD Hearing Held. Court Orders PTD as a risk of flight. (Digital 14.43.01.) Signed by Magistrate Judge Chris M. McAliley on 4/23/2013. (tas) (Entered: 04/24/2013)

April 23, 2013

April 23, 2013

PACER
70

DETENTION ORDER as to Sheheryar Alam Qazi. Signed by Magistrate Judge Chris M. McAliley on 4/23/2013. (jua) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

RECAP
71

ORDER granting 65 Motion for Investigative Expenses as to Sheheryar Alam Qazi (2). Signed by Judge Robert N. Scola, Jr on 4/23/2013. (jh) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

PACER
73

ORDER granting 69 Motion to Adopt 67 Amended MOTION to Compel Advance Notice of the Government's Intent to Use Information Obtained or Derived Pursuant to the FISA Amendments Act joined by Raees Alam Qazi (1). Signed by Judge Robert N. Scola, Jr on 4/24/2013. (jua) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

PACER

Set/Reset Deadlines pursuant to DE# 68 re Motion in case as to Sheheryar Alam Qazi 67 Amended MOTION to Compel Advance Notice of the Government's Intent to Use Information Obtained or Derived Pursuant to the FISA Amendments Act . Responses due by 5/14/2013 (dgj)

April 24, 2013

April 24, 2013

PACER
75

RESPONSE in Opposition by USA as to Sheheryar Alam Qazi, Raees Alam Qazi re 67 Amended MOTION to Compel Advance Notice of the Government's Intent to Use Information Obtained or Derived Pursuant to the FISA Amendments Act (Gilbert, Karen) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

RECAP
76

RESPONSE/REPLY by Sheheryar Alam Qazi to 75 Response in Opposition, (Chapman, Ronald) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

RECAP
77

ORDER granting 67 Defendant's Amended Motion to Compel the Government to Provide Him with Advance Notice of Its Intent to Use or Disclose Information Obtained or Derived Pursuant to FISA Amendments Act. Signed by Magistrate Judge John J. O'Sullivan on 5/6/2013. (mms) (Entered: 05/06/2013)

May 6, 2013

May 6, 2013

RECAP

SYSTEM ENTRY - Docket Entry 78 restricted/sealed until further notice. (nc)

May 6, 2013

May 6, 2013

PACER
79

ORDER granting 78 Sealed Motion to Seal as to Raees Alam Qazi (1). Signed by Magistrate Judge John J. O'Sullivan on 5/8/2013. (ch1) (Entered: 05/09/2013)

May 9, 2013

May 9, 2013

PACER
80

MOTION for Reconsideration of Court's Order (DE 77) by USA as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 5/28/2013 (Gilbert, Karen) (Entered: 05/09/2013)

May 9, 2013

May 9, 2013

RECAP
81

NOTICE of Reassignment of Assistant US Attorney. Adam S. Fels appearing for USA. Jared E. Dwyer terminated (Fels, Adam) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
82

NOTICE of Filing Memorandum of Understanding by Sheheryar Alam Qazi (Chapman, Ronald) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

RECAP
83

REPLY by Sheheryar Alam Qazi to Government's Motion for Reconsideration (DE 80 i> (Chapman, Ronald) Modified link 15/2013 (tp). (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

RECAP
84

Unopposed MOTION to Adopt/Join 83 Response/Reply (Other) by Raees Alam Qazi as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 5/31/2013 (Attachments: # 1 Text of Proposed Order)(Ecarius, Daniel) (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

PACER
85

Clerks Notice to Filer re 83 Response/Reply (Other). Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) (Entered: 05/15/2013)

May 15, 2013

May 15, 2013

PACER
86

ORDER granting 84 Motion to Adopt/Join 83 Response as to Raees Alam Qazi (1), Sheheryar Alam Qazi (2) Signed by Judge Robert N. Scola, Jr on 5/15/2013. (tp) (Entered: 05/16/2013)

May 15, 2013

May 15, 2013

PACER
87

MOTION to Suppress Evidence Derived From FISA Intercepts by Raees Alam Qazi. (Ecarius, Daniel) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

RECAP
88

REPLY TO RESPONSE to Motion by USA as to Sheheryar Alam Qazi, Raees Alam Qazi re 80 Unopposed MOTION for Reconsideration (Gilbert, Karen) Modified corrected link on 5/22/2013 (tp). (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

RECAP
89

ORDER REFERRING MOTION as to Raees Alam Qazi 87 MOTION to Suppress Evidence Derived From FISA Intercepts filed by Raees Alam Qazi, Motion referred to John J. O'Sullivan. Signed by Judge Robert N. Scola, Jr on 5/21/2013. (jh) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

PACER
90

Clerks Notice to Filer re 88 Reply to Response. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tp) (Entered: 05/22/2013)

May 22, 2013

May 22, 2013

PACER
91

RESPONSE/REPLY by Sheheryar Alam Qazi to 88 Reply to Response Filed by the Government (Chapman, Ronald) (Entered: 05/25/2013)

May 25, 2013

May 25, 2013

RECAP
92

Unopposed MOTION to Adopt/Join 87 MOTION to Suppress Evidence Derived From FISA Intercepts by Sheheryar Alam Qazi as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 6/13/2013 (Attachments: # 1 Text of Proposed Order Granting Motion to Adopt)(Chapman, Ronald) (Entered: 05/27/2013)

May 27, 2013

May 27, 2013

PACER
93

Defendant's MOTION to Suppress FISA-Related Evidence by Sheheryar Alam Qazi. (Chapman, Ronald) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

RECAP
94

TRANSCRIPT of Pretrial Detention Hearing as to Sheheryar Alam Qazi held on 04-23-13 before Magistrate Judge Chris M. McAliley, 1-57 pages, Court Reporter: Carl Schanzleh, 954-769-5488 / Carl_Schanzleh@flsd.uscourts.gov. (Digital 14:43:01.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/21/2013. Redacted Transcript Deadline set for 7/1/2013. Release of Transcript Restriction set for 8/29/2013. (cs) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER

Case Details

State / Territory: Florida

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)

Criminal cases challenging FISA surveillance

Key Dates

Filing Date: Nov. 30, 2012

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The U.S. Government

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

the United States , Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812

FISA Title III Warrant (Physical Search), 50 U.S.C. §§ 1821-1829

Special Case Type(s):

Criminal

Availably Documents:

Trial Court Docket

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Criminal Conviction

Source of Relief:

Litigation

Issues

General:

Records Disclosure

Terrorism/Post 9-11 issues