Case: USA v. Moalin

3:10-cr-04246 | U.S. District Court for the Southern District of California

Filed Date: Oct. 22, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 22, 2010, three immigrants from Somalia were indicted on criminal charges in the U.S. District Court for the Southern District of California. The case was assigned to Judge Jeffrey Miller. A superseding indictment added a fourth defendant to the charges on January 14, 2011. Each defendant was represented by private counsel, and one was additionally represented by the Civil Rights Clinic in Austin, Texas. The charges were related to the defendants’ alleged material and financial suppo…

On October 22, 2010, three immigrants from Somalia were indicted on criminal charges in the U.S. District Court for the Southern District of California. The case was assigned to Judge Jeffrey Miller. A superseding indictment added a fourth defendant to the charges on January 14, 2011. Each defendant was represented by private counsel, and one was additionally represented by the Civil Rights Clinic in Austin, Texas. The charges were related to the defendants’ alleged material and financial support for the terrorist group Al-Shabab, and consisted of five counts: (1) Conspiracy to Provide Material Support for Terrorism, in violation of 18 U.S.C. §2339A(a); (2); Conspiracy to Provide Material Support to a Foreign Terrorist Organization (“FTO”), in violation of 18 U.S.C. §2339B(a)(1); (3) Conspiracy to Kill in a Foreign Country, in violation of 18 U.S.C. §956; (4) Conspiracy to Launder Monetary Instruments, in violation of 18 U.S.C. § 1956(a)(2)(A) and (h); (5) Providing Material Support for Terrorism, in violation of 18 U.S.C. § 2339A(a).

The four defendants were convicted by jury verdict on February 22, 2013. 2013 WL 8351225. The named defendant was convicted on all five counts; two defendants were convicted only on counts 1, 2, 3, and 5; the fourth was convicted only on counts 1, 2, and 5. After several months of pre-sentence investigation, the defendants filed a joint motion for a new trial on September 5, 2013. The motion was based on congressional testimony from the NSA and the FBI relating to materials provided by Edward Snowden regarding NSA surveillance in this particular case. In their new trial motion, the defendants argued: (1) that collection by the NSA of electronic data related to the named defendant violated the First and Fourth Amendment, as well as the Foreign Intelligence Surveillance Act (FISA); (2) that cleared defense counsel should have been provided with the Government’s confidential response to their FISA motion and the ex parte request for a protective order under the Confidential Information Protection Act ("CIPA"); and (3) that the Government failed to provide required discovery and exculpatory materials.

The court denied each of these arguments in its November 14, 2013 order denying the defendants’ motion for a new trial, finding that the public disclosures made by the NSA and the FBI provided no new facts to alter the court's FISA and CIPA rulings. 2013 WL 6079518. The court also denied the defendants' arguments that the Government had violated the First and Fourth Amendments, as well as FISA and CIPA. Finally, the court found that the Government had complied with its obligations to provide required discovery and exculpatory materials. The four defendants were sentenced to 15 years, 13 years, 10 years, and 6 years, respectively.

Each of the four defendants filed appeals to the United States Court of Appeals for the Ninth Circuit in late November 2013.

On October 29, 2015, the defendants submitted their joint appeal. They alleged that (1) the convictions should be reversed because the government, through the NSA’s surveillance program, acted beyond the authority granted to it by 50 U.S.C. §1861; (2) the NSA’s surveillance program violated the Fourth Amendment; (3) the convictions should be dropped and a new trial ordered because the government did not provide exculpatory information and/or notice of its surveillance activities; (4) the district court excluded the appellants’ access to relevant evidence while at the same time allowed the government’s irrelevant and prejudicial evidence; and (5) there was insufficient evidence for the jury to support the fourth appellant’s convictions.

On November 10, 2016, Judges Marsha S. Berzon, Jacqueline H. Nguyen, and Jack Zouhary heard oral arguments. On July 18, 2018, a defendant's lawyer wrote the court asking them to consider how the Supreme Court's recent decision in Carpenter v. United States affects the current case. 2018 WL 3073916. The lawyer argued that the reasoning animating the holding in Carpenter is what is at issue in this case's challenge of the government’s bulk collection, retention, and subsequent review of phone records.

The Ninth Circuit released an opinion (by Judge Berzon) on September 2, 2020, upholding the charges against the defendants but stating that the government may have violated the Fourth Amendment through the bulk telephony metadata collection program. 2020 WL 5225704. Judge Berzon relied on the Carpenter decision to state that bulk telephony metadata collection may violate the Fourth Amendment because the information wireless carriers collect off cell phones is so revealing about an individual's habits that warrantless collection would be an unreasonable search without a warrant. She added that the bulk telephony metadata collection program violated FISA Subchapter IV, stating that the “statement of facts showing that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation" language in the Subchapter is intended to limit the scope of the government's ability to request FISA warrants, and that bulk metadata collection was not sufficiently limited to comply with the statute's intent. However, she declined to suppress the evidence collected against the defendants as a result of the FISA violation, writing that the FISA Subchapter IV does not allow suppression as a remedy in contrast to other areas of the statute that do, and that, upon review of the classified FISA warrants at issue, the information collected from the metadata program was not material to the successful FISA warrant application. Turning to the Fourth Amendment's notice requirement, Judge Berzon wrote that, while the defendants found out about the collection of their metadata in an unusual way through the Snowden disclosures, they were given notice to contest the metadata collection in the form of this lawsuit, and that the lack of notice at the District Court was not prejudicial from in-camera review of the record. However, she did mention that the government is obligated to disclose impending use of foreign intelligence surveillance data in order to give the defendants a chance to contest it.

Defendants filed a motion to appeal the decision. Defendants and the U.S. Government, in connection with the appeal, both filed petitions for rehearing en blanc.

One of the defendants filed a motion for compassionate release, asserting in large part that his health made him particularly susceptible to contracting COVID-19. After the defendant refiled the motion to correct a filing discrepancy, the district court hearing the motion declined to grant the motion for compassionate release. No similar motions have been made by the other defendants to this action.

This case is ongoing.

Summary Authors

Nicholas Hazen (4/3/2017)

Dawn Lui (6/19/2020)

Ellen Aldin (9/7/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4191578/parties/united-states-v-moalin/


Judge(s)

Berzon, Marsha Siegel (California)

Attorney for Plaintiff

Cole, William P. (California)

CR, U S (California)

Attorney for Defendant

Abdo, Alex (New York)

Coleman, Benjamin L. (California)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

3:10-cr-04246

Docket [PACER]

Sept. 23, 2015

Sept. 23, 2015

Docket

3:10-cr-04246

13-50572

13-50578

13-50580

14-50051

Court of Appeals Docket

U.S. Court of Appeals for the Ninth Circuit

Sept. 4, 2020

Sept. 4, 2020

Docket
1

3:10-cr-04246

Introductory Allegations Common to All Counts

United States of America v. Moalin, Mohamed, and Doreh

Oct. 22, 2010

Oct. 22, 2010

Other
345-1

3:10-cr-04246

Statement of Facts and Memorandum of Points and Authorities in Support of Joint Motion Pursuant to Rule 33, R.Crim. P., For a New Trial

Sept. 5, 2013

Sept. 5, 2013

Pleading / Motion / Brief
387

3:10-cr-04246

Order Denying Motion for New Trial

Nov. 14, 2013

Nov. 14, 2013

Order/Opinion

2013 WL 6079518

85-1

3:10-cr-04246

13-50572

13-50578

13-50580

14-50051

Opinion

United States of America v. Moalin

U.S. Court of Appeals for the Ninth Circuit

Sept. 2, 2020

Sept. 2, 2020

Order/Opinion

973 F.3d 977

554

3:10-cr-04246

Order on Motion for Compassionate Release

Sept. 29, 2021

Sept. 29, 2021

Order/Opinion

2021 WL 4460705

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4191578/united-states-v-moalin/

Last updated April 16, 2025, 11:50 a.m.

ECF Number Description Date Link Date / Link
1

INDICTMENT as to Basaaly Saeed Moalin (1) count(s) 1, 2, 3, 4, 5, Mohamed Mohamed Mohamud (2) count(s) 1, 2, 3, 4, Issa Doreh (3) count(s) 1, 2, 3, 4. (kaj) . Modified on 11/2/2010 to unseal Indictment (kaj). (Entered: 10/25/2010)

Oct. 22, 2010

Oct. 22, 2010

Clearinghouse
3

ARREST WARRANT ISSUED by Magistrate Judge William McCurine, Jr in case as to Mohamed Mohamed Mohamud. (kaj) (kaj). (Entered: 10/26/2010)

Oct. 22, 2010

Oct. 22, 2010

PACER

Arrest of Mohamed Mohamed Mohamud, Issa Doreh. (mkz)

Nov. 3, 2010

Nov. 3, 2010

PACER
8

NOTICE OF ATTORNEY APPEARANCE William P Cole appearing for USA. (Cole, William) (tkl). (Entered: 11/03/2010)

Nov. 3, 2010

Nov. 3, 2010

PACER
9

Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Initial Appearance and Arraignment on Indictment as to Mohamed Mohamed Mohamud (2) Count 1,2,3,4 and Issa Doreh (3) Count 1,2,3,4 held on 11/3/2010. Not Guilty plea entered as to Mohamed Mohamed Mohamud, Issa Doreh. Attorney Mahir Sherif specially appearing for Mohamed Mohamed Mohamud. Attorney Kenneth J Troiano(n/a) provisionally appointed for Issa Doreh. Financial affidavit due as to Issa Doreh. Goverment oral motion to detain(flight risk). Court moves sua sponte to detain defendants based on danger to the community. Detention Hearing set for 11/5/2010 09:00 AM in Courtroom F before Magistrate Judge William V. Gallo. Motion Hearing/Trial Setting set for 12/3/2010 11:00 AM in Courtroom 16 before Judge Jeffrey T. Miller. (CD# 11/3/2010 WVG:10:33-10:45). (Plaintiff Attorney Caroline Han and William Cole, AUSA). (Defendant Attorney Victor Pippins, FD-S/A). (mkz) (Entered: 11/03/2010)

Nov. 3, 2010

Nov. 3, 2010

PACER
10

Oral MOTION to Detain(risk of flight) by USA as to Mohamed Mohamed Mohamud, Issa Doreh. (mkz) (Entered: 11/03/2010)

Nov. 3, 2010

Nov. 3, 2010

PACER
11

NOTICE OF ATTORNEY APPEARANCE Caroline Pineda Han appearing for USA. (Han, Caroline) (tkl). (Entered: 11/04/2010)

Nov. 4, 2010

Nov. 4, 2010

PACER
12

NOTICE of Intent to Use Foreign Intelligence Surveillance Act Information by USA (Attachments: # 1 Proof of Service)(Cole, William) (tkl). (Entered: 11/04/2010)

Nov. 4, 2010

Nov. 4, 2010

PACER
15

Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Detention Hearing Continued as to Mohamed Mohamed Mohamud, Issa Doreh. Defense oral motion to continue hearing granted. Detention Hearing continued to 11/9/2010 03:00 PM before Magistrate Judge William V. Gallo. Attorney Mahir Tewfik Sherif's request to be provisionally appointed for Mohamed Mohamed Mohamud - granted. Court orders financial affidavit to be filed on 11/9/2010. (CD# 11/5/2010 WVG10-9:01-9:11). (Plaintiff Attorney William Cole AUSA and Caroline Han AUSA). (Defendant Attorney Mahir Sherif for #2 and Kenneth Troiano CJA for #3). (jmy) (Entered: 11/05/2010)

Nov. 5, 2010

Nov. 5, 2010

PACER
18

Minute Entry for proceedings held before Magistrate Judge William V. Gallo:Detention Hearing as to Mohamed Mohamed Mohamud held on 11/9/2010. Defense counsel's request to be continued as provisional counsel for one more week - granted. USA oral motion for detention; motion found as moot as to Mohamed Mohamed Mohamud. Defendant stiuplates to detention pending trial without prejudice. Order of detention filed. (CD# 11/9/2010 WVG10-14:57-16:13). (Plaintiff Attorney William Cole AUSA and Caroline Han AUSA). (Defendant Attorney Mahir Sherif CJA). (jmy) Modified text to include provisional status of Mr. Sherif on 2/8/2011 (jmy). (Entered: 11/10/2010)

Nov. 9, 2010

Nov. 9, 2010

PACER
20

FINDINGS OF FACT AND ORDER RE WAIVER OF DETENTION PENDING TRIAL as to Mohamed Mohamed Mohamud. Signed by Magistrate Judge William V. Gallo on 11/9/2010. (tkl) (Entered: 11/10/2010)

Nov. 9, 2010

Nov. 9, 2010

PACER
24

Arrest Warrant Returned Executed in case as to Mohamed Mohamed Mohamud. (jcj) (Entered: 11/16/2010)

Nov. 16, 2010

Nov. 16, 2010

PACER
29

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Motion Hearing/Trial Setting as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh held on 12/3/2010. Govt oral motion to declare case complex, continued to 1/21/2011. Parties in agreement to declaring case complex are ordered to submit stipulation by 1/7/2011. Oppositions to be filed by 1/7/2011. Motion Hearing set for 1/21/2011 01:30 PM in Courtroom 16 before Judge Jeffrey T. Miller. Motions are continued. Time is excluded under the speedy trial act. (Court Reporter Debra Henson).(Plaintiff Attorney William Cole, AUSA; Caroline Han, AUSA). (Defendant Attorney (1) Marc Geller, CJA; (2) Mahir Sherif, CJA; (3) Kenneth Troiano, CJA). (gac) (Entered: 12/06/2010)

Dec. 3, 2010

Dec. 3, 2010

PACER
28

SUPPLEMENTAL MEMORANDUM Re: Related Case by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh (Attachments: # 1 Proof of Service)(Cole, William) (tkl). (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
30

NOTICE OF HEARING as to Defendants Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh. On the courts own motion Motion Hearing set for 1/21/2011 1:30 PM is vacated and reset to 1/20/2011 10:30 AM in Courtroom 16 before Judge Jeffrey T. Miller. (gac) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

PACER
31

MOTION for Protective Order (Certificate of service included.) by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh. (Attachments: # 1 Memo of Points and Authorities)(Han, Caroline) (knh). (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER
32

SUPPLEMENTAL MEMORANDUM in Support of Government's Motion for Protective Order (Certificate of service included.) by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh (Han, Caroline) (knh). (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

PACER
33

Joint MOTION to Exclude Time Under the Speedy Trial Act by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Cole, William) (tkl). Modified on 1/22/2013 to term motion per Entry #77 (nsp). (Entered: 12/28/2010)

Dec. 28, 2010

Dec. 28, 2010

PACER
34

ORDER granting 31 Motion for Protective Order as to Basaaly Saeed Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3). Signed by Judge Jeffrey T. Miller on 1/3/11.(lmt) (mam). (Entered: 01/03/2011)

Jan. 3, 2011

Jan. 3, 2011

PACER
38

FIRST SUPERSEDING INDICTMENT as to Basaaly Saeed Moalin (1) count(s) 1s, 2s, 3s, 4s, 5s, Mohamed Mohamed Mohamud (2) count(s) 1s, 2s, 3s, 4s, Issa Doreh (3) count(s) 1s, 2s, 3s, 4s, Ahmed Nasir Taalil Mohamud (4) count(s) 1, 2, 3, 4. (tkl)(mam). (Entered: 01/18/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER
39

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Arraignment as to Basaaly Saeed Moalin (1) Count 1s,2s,3s,4s,5s and Mohamed Mohamed Mohamud (2) Count 1s, 2s, 3s, 4s and Issa Doreh (3) Count 1s, 2s, 3s, 4s and Ahmed Nasir Taalil Mohamud (4) Count 1s, 2s, 3s, 4s held on 1/20/2011. Not Guilty plea entered. Motion Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 1/20/2011. Status Hearing set for 4/7/2011 09:00 AM in Courtroom 16 before Judge Jeffrey T. Miller. Pending motion are continued 4/7/2011. Time is excludable under the speedy trial act. (Court Reporter Debra Henson).(Attorney Carolin Han, AUSA; William P Cole, AUSA). (Defendant Attorney (1) Marc Geller, CJA; (2) Mahir Tewfik Sherif, Retnd; (3) Kenneth Troiano, CJA; (4) Holly Hanover, CJA). (gac) (Entered: 01/20/2011)

Jan. 20, 2011

Jan. 20, 2011

PACER
45

ORDER clarifying retained status of counsel as to Mohamed Mohamed Mohamud. Signed by Judge Jeffrey T. Miller on 2/10/2011. (tkl) (Entered: 02/10/2011)

Feb. 10, 2011

Feb. 10, 2011

PACER
48

NOTICE OF HEARING as to Defendant Mohamed Mohamed Mohamud. Status Hearing re Counsel set for 2/22/2011 02:00 PM before Magistrate Judge William V. Gallo. (jmy) (Entered: 02/16/2011)

Feb. 16, 2011

Feb. 16, 2011

PACER
51

Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Hearing re counsel's appointment status as to Mohamed Mohamed Mohamud held on 2/22/2011. Counsel files a financial affidavit. Upon review, the court determines Defendant is eligible for appointed counsel. Court confirms the appointment of Attorney Mahir Sherif as counsel in this case as of the date of the initial appearance of the defendant. (CD# 2/22/2011 WVG11-14:35-14:40). (Plaintiff Attorney Caroline Han AUSA and Willaim Cole AUSA). (Defendant Attorney Mahir Sherif CJA). (jmy) (Entered: 02/23/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
52

Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Ahmed Nasir Taalil Mohamud held on 2/22/2011. Defendants Basaaly Moalin and Ahmed Nasir Mohamud not appearing - appearances waived for this hearing. Defense counsel raises logistical discovery issues to the court. Court gives all counsel two weeks to work on the discovery issue. If the parties cannot come to an agreement over the issues, counsel shall file a joint statement by 3/8/2011 alerting the court to the remaining issue(s). Status Hearing set for 3/10/2011 2:30pm before Magistrate Judge William V. Gallo. (CD# 2/22/2011 WVG14:40-15:05). (Plaintiff Attorney Caroline Han AUSA and William Cole AUSA). (Defendant Attorney Marc Geller CJA for #1, Mahir Sherif CJA for #2 and Holly Hanover CJA for #4). (jmy) (Entered: 02/23/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
54

CJA 23 Financial Affidavit by Mohamed Mohamed Mohamud (tkl) (Entered: 02/23/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
55

Joint MOTION to Amend/Correct Protective Order by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Cole, William) (tkl). (Entered: 02/24/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER
56

AMENDED PROTECTIVE ORDER 55 as to Basaaly Saeed Moalin, et al. Signed by Judge Jeffrey T. Miller on 2/25/2011.(tkl) (Entered: 02/25/2011)

Feb. 25, 2011

Feb. 25, 2011

PACER
57

STATUS REPORT on Defendants' Direct Access to Sensitive Discovery Materials (Certificate of service included.) by USA, Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud (Han, Caroline) (tkl). (Entered: 03/08/2011)

March 8, 2011

March 8, 2011

PACER
58

Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Hearing re Discovery Issue as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 3/10/2011. The defendants housed at GEO are to use the attorney room from 9:30p until 11:30p to review discovery on a laptop and/or in hard copy format. Court orders defense counsel to research procedure of how to purchase a laptop for the defendants to use at GEO during the specified hours. Warden informs the court that the laptop and discovery will be kept in a secure location at GEO. (CD# 3/10/2011 WVG11-14:53-15:18). (Interpreter Ahmedei Farah).(Plaintiff Attorney William Cole AUSA and Caroline Han AUSA). (Defendant Attorney Marc Geller CJA for #1, Mahir Sherif CJA for #2, Kenneth Troiano CJA for #3 and S/A for #4). (jmy) (Entered: 03/10/2011)

March 10, 2011

March 10, 2011

PACER
64

MOTION to Substitute Attorney Joshua L. Dratel by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Declaration)(Dratel, Joshua). Modified on 3/29/2011 (tkl). Emailed atty. Missing proof of service. (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

PACER
67

Certificate of Service by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 64 MOTION to Substitute Attorney Joshua L. Dratel (Dratel, Joshua) (tkl). (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

PACER
68

MOTION to Substitute Attorney Linda Moreno by Mohamed Mohamed Mohamud. (Attachments: # 1 Declaration Linda Moreno)(Moreno, Linda) (tkl). (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

PACER
71

ORDER granting 68 Substitution of Counsel. Attorney Linda Moreno added for Defendant Mohamed Mohamed Mohamud (2). Attorney Mahir Tewfik Sherif terminated in case as to Mohamed Mohamed Mohamud (2). Signed by Judge Jeffrey T. Miller on 4/7/11.(lao) (jrl). (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
74

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Status Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 4/7/2011. As to Basaaly Saeed Moalin, Attorney Alice Fontier, confirmed as retained counsel, Holly Sullivan, RET, as local counsel, Marc Geller, CJA, relieved.As to Mohamed Mohamed Mohamud, Attorney Linda Moreno confirmed as retained counsel, Mahir Tewfik Sherif, CJA, relieved. As to Issa Doreh Attorney Ahmed Ghappour, confirmed as retained counsel, Kenneth Troiano, CJA, relieved,. Status Hearing continued to 6/16/2011 09:00 AM in Courtroom 16 before Judge Jeffrey T. Miller. (Court Reporter Debra Henson).(Plaintiff Attorney Caroline Pineda Han, AUSA; William Cole, AUSA). (Defendant Attorney 1) Alice Fontier, RET; Marc Geller, CJA; Holly Sullivan, RET. 2) Linda Moreno, RET; Mahir Tewfik Sherif, CJA. 3) Ahmed Ghappour, RET; Kenneth Troiano, CJA. 4) Holly Hanover, CJA). (gac) Modified on 2/24/2014 (gac). (Entered: 04/08/2011)

April 7, 2011

April 7, 2011

PACER
75

Joint MOTION to Exclude Time Under the Speedy Trial Act by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Cole, William) (jpp). (Entered: 04/27/2011)

April 27, 2011

April 27, 2011

PACER
76

ORDER granting 75 Joint Motion to Exclude time as to all Defendants. The period from 04/07/11 to 06/16/11, is excluded under 18 USC 3161(h)(7)(A) and (B)(ii).Signed by Judge Jeffrey T. Miller on 04/28/11.(jpp) (jrl). (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER
77

ORDER declaring case complex under 18 USC 3161(h) under the Speedy Trial Act. Signed by Judge Jeffrey T. Miller on 04/28/11. (jpp) (jrl). (Entered: 04/28/2011)

April 28, 2011

April 28, 2011

PACER
80

NOTICE OF HEARING as to Defendants Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. On the courts own motion Status Hearing set for 6/16/2011 9:00 AM is vacated and reset to 10:00 AM 6/16/2011 in Courtroom 16 before Judge Jeffrey T. Miller. (gac) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

PACER
81

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Status Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 6/16/2011. Status Hearing set for 8/8/2011 10:00 AM in Courtroom 16 before Judge Jeffrey T. Miller. (Court Reporter Debra Henson).(Plaintiff Attorney Caroline Pineda Han, AUSA; William Cole, AUSA). (Defendant Attorney (1) Joshua Dratel, RET; Holly Sullivan, RET; (2) Linda Moreno, RET; (3) Ahmed Ghappour, RET; (4) Thomas Anthony Durkin). (gac) (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
82

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status Hearing) as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 6/16/2011, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/15/2011. Redacted Transcript Deadline set for 7/25/2011. Release of Transcript Restriction set for 9/22/2011. (akr) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
83

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Status Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 8/8/2011. Mohamed Mohamed Mohamud (2), Issa Doreh (3), waive services of Somali Interpreter. Ahmed Nasir Taalil Mohamud (4), will continue to need the services of Somali Interpreter. Request to continue - granted. Status Hearing set for 9/23/2011 10:00 AM in Courtroom 16 before Judge Jeffrey T. Miller. (Court Reporter Debra Henson).(Attorney Caroline Pideda Han, AUSA; William P Cole, AUSA). (Defendant Attorney (1) Joshua L Dratel, RET; Alice Fontier, RET; Holly A Sullivan, RET; (2) s/a Thomas Durkin; (3) Ahmed Ghappour, RET; (4) Thomas Durkin, RET). (gac) (Entered: 08/09/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
84

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Status Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 9/23/2011. Court instructs parties to meet in confer re scheduling order. Presence of dfts is waived during scheduling proceedings. Motions to be filed and served by 12/9/2011. Responses due by 1/13/2012. Replies due by 1/20/2012. Motion Hearing set for 2/9/2012 09:00 AM in Courtroom 16 before Judge Jeffrey T. Miller. Motion In Limine Hearing set for 4/5/2012 09:00 AM before Judge Jeffrey T. Miller. In Limine Motions to be filed and served no later than 3/8/2012. Oppositions to be filed and served by 3/22/2012. Jury Trial set for 5/7/2012 9:00 AM before Judge Jeffrey T. Miller. (Court Reporter Debra Henson).(Plaintiff Attorney Caroline Han; William Cole, AUSA). (Defendant Attorney (1) Joshua Dratel, RET; Alice Fontier, RET (2) Linda Moreno; (3) Ahmed Ghappour, RET; (4) Thomas Durkin, RET). (gac) Modified on 9/23/2011 to correct jury trial date(gac). (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
85

SCHEDULING ORDER as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. Court denies the request to place the ex parte the Application under seal. Defendants are ordered to immediately serve the Application on the USA. USA shall file a response to the Application by 11/4/2011. Defendants may file a reply to Govt's response by 11/11/2011. Matter is calendared for oral argument on 11/18/2011 11:30 AM before Judge Jeffrey T. Miller. Signed by Judge Jeffrey T. Miller on 10/12/2011. (jah) (jrl). (Entered: 10/13/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
86

Joint MOTION to Allow Co-defendant meeting by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Dratel, Joshua). (jah). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
87

RESPONSE to Motion by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 86 Joint MOTION to Allow Co-Defendant Meeting (Han, Caroline). Modified on 10/18/2011 - Edited text (jah). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
92

MOTION to Suppress Wiretap Evidence, MOTION to Suppress Evidence, MOTION to Suppress Statements, MOTION for Release of Brady Materials, MOTION to Join Co-Defendant's, MOTION for Leave to File Further Motions by Basaaly Saeed Moalin. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Joshua L. Dratel, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Proof of Service)(Dratel, Joshua). Modified on 12/12/2011 - Applied to all Dfts in error. Has s/ of different atty. Email sent to Atty. Removed non-applicable dfts and corrected text (jah). (Entered: 12/09/2011)

1 Memo of Points and Authorities

View on RECAP

2 Declaration of Joshua L. Dratel

View on RECAP

3 Exhibit 1

View on RECAP

4 Exhibit 2

View on RECAP

5 Exhibit 3

View on RECAP

6 Exhibit 4

View on RECAP

7 Exhibit 5

View on RECAP

8 Exhibit 6

View on RECAP

9 Proof of Service

View on RECAP

Dec. 9, 2011

Dec. 9, 2011

PACER
103

MOTION to Continue Time to File Pretrial Motions by Mohamed Mohamed Mohamud. (Moreno, Linda). Modified on 12/12/2011 - Applied to all Dfts in error. Email sent to Atty. Removed non-applicable dfts and corrected text (jah). Modified on 1/22/2013 documents filed 12/13 and 12/15/2011 (nsp). (Entered: 12/11/2011)

Dec. 11, 2011

Dec. 11, 2011

PACER
105

WITHDRAWN BY FILER ON 12/15/2011 PER NOTICE OF WITHDRAWAL OF DOCUMENT 107 - NOTICE of Motions Compel Production of Exculpatory Material, Motion to Strike Prejudicial Surplusage, Grant Leave to Join Co Defendant's Motions and Grant Leave to File Further Motions by Mohamed Mohamed Mohamud (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Moreno, Linda). Modified on 12/14/2011 - Wrong event, needed to be filed as Motions. Email sent to Atty to withdraw this entry and refile pdf as Motions (jah). Modified on 12/16/2011 - Edited to reflect as withdrawn (jah). (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
106

MOTION to Compel Production of Brady Material, MOTION to Strike Surplusage, MOTION to Join Co-Defendant Motions, MOTION for Leave to File Further Motions by Mohamed Mohamed Mohamud. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Moreno, Linda). Modified on 12/16/2011 - Edited text (jah). (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
107

NOTICE OF WITHDRAWAL OF DOCUMENT re 105 Notice by Mohamed Mohamed Mohamud. (Attachments: # 1 Proof of Service)(Moreno, Linda). Modified on 12/16/2011 - Wrong event, not a Motion. Email sent to Atty. Termed motion and judge association. Added document link (jah). (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
109

WITHDRAWN BY FILER ON 1/13/2012 PER NOTICE OF WITHDRAWAL OF DOCUMENT 112 - RESPONSE in Opposition by USA as to Mohamed Mohamed Mohamud re 106 MOTION to Compel Production of Brady Materials, MOTION to Strike Surplusage, MOTION to Join Co-Defendant Motions, MOTION for Leave to File Further Motions (Attachments: # 1 Proof of Service)(Han, Caroline). Modified on 1/17/2012 - Wrong filer selected. Email sent to Atty. Corrected filer and text (jah). Modified on 1/17/2012 - Edited to reflect as withdrawn (jah). (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
112

NOTICE OF WITHDRAWAL OF DOCUMENT by USA re 109 Response in Opposition, (Han, Caroline). Modified on 1/17/2012 - Wrong event. Email sent to Atty. Edited text (jah). (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
113

RESPONSE in Opposition by USA as to Mohamed Mohamed Mohamud re 106 MOTION to Compel Production of Brady Materials, MOTION to Strike Surplusage,to Join Co-Defendant Motions, MOTION for Leave to File Further Motions (Attachments: # 1 Proof of Service)(Han, Caroline). (jah). (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
114

MOTION for a Pretrial Conference Pursuant to 18 U.S.C. App. III (CIPA) Section 2 by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Proof of Service)(Cole, William). Modified on 1/17/2012 - Edited text (jah). Modified on 1/23/2013 to term motion per 183 (nsp). (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
116

REPLY TO RESPONSE to Motion by Basaaly Saeed Moalin re 92 MOTION to Suppress Wiretap Evidence, MOTION to Suppress Evidence, MOTION to Suppress Statements, MOTION for Release of Brady Materials, MOTION to Join Co-Defendant's Motions, MOTION for Leave to File Further Motions (Attachments: # 1 Proof of Service)(Dratel, Joshua). Modified on 1/23/2012 - Applied to all dfts. Email sent to Atty. Removed non-applicable dfts and edited text (jah). (Entered: 01/20/2012)

Jan. 20, 2012

Jan. 20, 2012

PACER
117

REPLY TO RESPONSE to Motion by Mohamed Mohamed Mohamud re 106 MOTION to Compel Production of Brady Materials, MOTION to Strike Surplusage, MOTION to Join Co-Defendant Motions, MOTION for Leave to File Further Motions (Attachments: # 1 Proof of Service)(Moreno, Linda). Modified on 1/23/2012 - Incorrectly applied to all defendants. Email sent to Atty. Corrected text to remove non-applicable defendants (jah). (Entered: 01/20/2012)

Jan. 20, 2012

Jan. 20, 2012

PACER
119

NOTICE of Intent to Use Foreign Intelligence Surveillance Act Information (Supplemental) by USA (Attachments: # 1 Proof of Service)(Han, Caroline) (lmt). (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
120

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Motion Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 2/9/2012.Submitting 92 Motion to Suppress Evidence as to Basaaly Saeed Moalin (1); submitting 92 Motion to Suppress Statements as to Basaaly Saeed Moalin (1); submitting 106 Motion to Strike Surplusage as to Mohamed Mohamed Mohamud (2); granting 106 Motion for Leave to File Further Motions as to Mohamed Mohamed Mohamud (2); granting 104 Motion for Leave to File Further Motions as to Issa Doreh (3); submitting 93 Motion for Early Return of Trial Subpoenas as to Ahmed Nasir Taalil Mohamud (4); submitting 94 Motion to Preserve Evidence as to Ahmed Nasir Taalil Mohamud (4); submitting 96 Motion for Disclosure as to Ahmed Nasir Taalil Mohamud (4); submitting 97 Motion Pretrial Hearing Concerning Co-Conspirators Statements as to Ahmed Nasir Taalil Mohamud (4); submitting 98 Motion to Sever Defendants as to Ahmed Nasir Taalil Mohamud (4); granting 101 Motion for Leave to File Further Motions as to Ahmed Nasir Taalil Mohamud (4); Written order will follow submitted motion. Defendants request to continue Trial Date - granted. Jury Trial set for 5/7/2012 9:00 AM is vacated and continued to 10/15/2012 9:00 AM in Courtroom 16 before Judge Jeffery T. Miller. Motion In Limine Hearing set for 4/5/2012 9:00 AM is vacated, to be reset at a later date. Status Hearing set for 4/5/2012 09:00 AM in Courtroom 16 before Judge Jeffrey T. Miller.Pending Motions are continued to 4/5/2012. Time is excluded under the speedy trial act. (Court Reporter Debra Henson).(Attorney William Cole, AUSA; Caroline Pindeda Han, AUSA). (Defendant Attorney (1) Joshua L. Dratel, RET; Alice L. Fontier, RET; Holly A. Sulliven, RET; (2) Linda Moreno, RET; (3) Ahmed Ghappour, RET; (4) Thomas Anthony Durkin, RET). (gac) (Entered: 02/09/2012)

Feb. 9, 2012

Feb. 9, 2012

PACER
121

MOTION for Extension of Time to File Motion Pursuant to 18 U.S.C. App. III (CIPA) Sec. 4 by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Cole, William). (jah). (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
122

MOTION for Leave to File Excess Pages by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Certificate of Service)(Han, Caroline). (jah). (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
123

RESPONSE in Opposition by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 92 MOTION to Suppress Wiretap Evidence, MOTION to Suppress Evidence MOTION to Suppress Statements, MOTION for Release of Brady MaterialsMOTION to Join Co-Defendant's Motions, MOTION for Leave to File Further Motions (Attachments: # 1 Attachment A, # 2 Certificate of Service)(Han, Caroline). (jah). (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
125

ORDER granting USA's 121 Motion for Extension of Time to File a Motion Pursuant to CIPA Section 4 as to Basaaly Saeed Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3), Ahmed Nasir Taalil Mohamud (4). USA shall file its initial motion puruant to CIPA Section 4 by 2/29/2012. Signed by Judge Jeffrey T. Miller on 2/21/2012. (jah) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
126

ORDER granting USA's 122 Motion for Leave to File Response in Excess of 25 Pages as to Basaaly Saeed Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3), Ahmed Nasir Taalil Mohamud (4). USA permitted to file Response in Opposition to Dft Moalin's Motion to Suppress Evidence Obtained Pursuant to the FISA Wiretap 92 in excess of 25 pages, pursuant to Crim. L.R. 47.1(e). Signed by Judge Jeffrey T. Miller on 2/21/2012. (jah) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
127

NOTICE; SCHEDULING ORDER as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. In order to develop the factual records necessary to determine Dfts' motions to suppress FISA wiretap evidence, parties are advised that court will conduct an in camera review of pertinent classified materials during the week of 3/19/3012. In order to assist court in analyzing the FISA related materials, Dfts may file confidential supplemental briefs identifying potential defenses, strategies, and theories of relevancy. Dfts shall file the supplemental briefing under seal, without service on the Govt by 3/9/2012. Signed by Judge Jeffrey T. Miller on 2/23/2012. (jah) (jrl). (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
128

NOTICE OF FILING CLASSIFIED VERSION as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. Court provides to all parties that on 2/17/2012, Govt filed its unredacted version of its Response in Opposition 123 with the Narional Security Officer assigned in this case. Clerk is instructed to docket this Notice indicating the filing of the classified version of the Response in Opposition with the National Security Officer as of 2/17/2012, Nunc Pro Pro. Signed by Judge Jeffrey T. Miller on 2/23/2012. (jah) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
130

ORDER granting USA's 129 Ex Parte Motion for Second Extension of Time to File Motion Pursuant to 18 U.S.C. App III (CIPA) Sec. 4 as to Basaaly Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3), Ahmed Nasir Taalil Mohamud (4). The application is deemed filed with the designated national security officer as of 2/28/2012. USA shall file its initial motion pursuant to CIPA Section 4 by 3/2/2012. Signed by Judge Jeffrey T. Miller on 3/1/2012. (jah). Modified on 3/1/2012 - Corrected text to added Dft 1. Regenerated NEF (jah). (jrl). (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
132

Joint MOTION Deny Government's Request to File Ex Parte and Compel Disclosure of CIPA Sect 4 Application by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Dratel, Joshua)(yeb). Modified on 1/23/2013 to term motion per 183 (nsp). (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
136

SCHEDULING ORDER as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 132 Joint MOTION Deny Government's Request to File Ex Parte and Compel Disclosure of CIPA Sect 4 Application. Govt to file response by 3/23/2012. Defendants may jointly file a reply by 3/30/2012. Pursuant to Local Rule 7.1(d)(1), matter will be taken under submission w/o oral argument, and Court will issue its order in due course. Signed by Judge Jeffrey T. Miller on 3/15/2012. (jah) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

PACER
138

RESPONSE in Opposition by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 132 Joint MOTION Deny Government's Request to File Ex Parte and Compel Disclosure of CIPA Sect 4 Application (Attachments: # 1 Proof of Service)(Cole, William). (jah). (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
139

ORDER re: April 5, 2012 Status Conference. Signed by Judge Jeffrey T. Miller on 3/27/2012. (knb) (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER
140

PRETRIAL MEMORANDUM Proposed Agenda for Status Conference by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud (Dratel, Joshua) (knb). (Entered: 03/30/2012)

March 30, 2012

March 30, 2012

PACER
141

REPLY TO RESPONSE to Motion by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 132 Joint MOTION Deny Government's Request to File Ex Parte and Compel Disclosure of CIPA Sect 4 Application (Dratel, Joshua) (knb). (Entered: 03/30/2012)

March 30, 2012

March 30, 2012

PACER
142

STATUS REPORT Government's Statement of Issues for April 5, 2012 Status Conference by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud (Attachments: # 1 Proof of Service)(Han, Caroline) (knb). (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

PACER
143

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Status Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 4/5/2012. Scheduling order forthcoming setting future hearing dates. Pending motions are continued. Time is excluded under speedy trial act. (Court Reporter Debra Henson).(Attorney Caroline Pineda Han, AUSA; William P. Cole, AUSA). (Defendant Attorney (1)Joshua L Dratel, RET; Alice L. Fontier, RET; Holly A. Sullivan, RET; (2) Linda Moreno, RET; (3) Ahmed Ghappour, RET). (gac) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
144

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status Hearing) as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 4/5/2012, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/15/2012. Redacted Transcript Deadline set for 6/25/2012. Release of Transcript Restriction set for 8/23/2012. (akr) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
145

NOTICE of Filing of Government's Ex Parte, In Camera Supplemental Motion for Protective Order Pursuant to the Classified Information Procedures Act Section 4 and Fed. R. Crim. P. 16(d) by USA (Attachments: # 1 Proof of Service)(Han, Caroline) (knb). (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
146

Notice of Entry of ORDER Denying 92 Motion to Suppress FISA Intercepts. Signed by Judge Jeffrey T. Miller on 6/5/2012.(knb)(jrd) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER
147

SUPERSEDING INDICTMENT as to Basaaly Saeed Moalin (1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, Mohamed Mohamed Mohamud (2) count(s) 1ss, 2ss, 3ss, 5ss, Issa Doreh (3) count(s) 1ss, 2ss, 3ss, 5ss, Ahmed Nasir Taalil Mohamud (4) count(s) 1s, 2s, 3s. (knb) (cap). (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

PACER
148

NOTICE of Government's Ex Parte, In Camera Motion for an Extension of Time to Comply with the Court's June 4, 2012 Order by USA (Attachments: # 1 Proof of Service)(Han, Caroline) (knb). (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
149

ORDER for Extension of Time as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. The United States shall comply with the Court's order by June 29, 2012. Signed by Judge Jeffrey T. Miller on 6/18/2012. (knb)(jrd) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
150

SUPPLEMENTAL BRIEFING by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 138 Response in Opposition, to Defendants' Joint Motion to Deny the Government's Request to File its CIPA Sec 4 Application Ex Parte and Compel Disclosure of the CIPA Sec 4 Application to Cleared Defense Counsel (Cole, William) (ag). (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
151

NOTICE of Filing of Government's Ex Parte, In Camera Statement of Compliance with the Court's June 4, 2012 Order by USA (Attachments: # 1 Proof of Service)(Han, Caroline) (knb). (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

PACER
152

STRICKEN re 153 Order. Joint MOTION to Take Deposition by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud.(Fontier, Alice) (knb). (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
153

ORDER Striking Motion to Take Depositions (Doc. No. 152 ); Scheduling Order on (1) Rule 15 Motion; (2) Status Conference; and (3) Motion in Limine. Defendants may jointly file a Motion for Rule 15 Deposition Testimony by July 20, 2012. The matter is calendared for oral argument on August 20, 2012 at 10:30 a.m. The court calendars a trial readiness and status conference for September 14, 2012 at 1:30 p.m. Signed by Judge Jeffrey T. Miller on 7/12/2012. (knb) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
154

Joint MOTION to Take Deposition by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Proof of Service)(Fontier, Alice) (knb). (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
155

Joint MOTION to Continue Hearing Date From August 20, 2012, to August 22, 2012 by Ahmed Nasir Taalil Mohamud as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Durkin, Thomas)(knb). (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
156

ORDER Granting 155 Motion to Continue Hearing Date as to Basaaly Saeed Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3), Ahmed Nasir Taalil Mohamud (4). The date scheduled for oral argument on the Rule 15 foreign depositions is continued from August 20, 2012, to August 22, 2012 at 10:30 a.m. Signed by Judge Jeffrey T. Miller on 7/25/2012.(knb) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER
157

NOTICE OF WITHDRAWAL OF DOCUMENT. Motion to File Under Seal, dated July 20, 2012 by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Fontier, Alice) Modified to correct event used on 8/2/2012 (knb). (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

PACER
158

AFFIDAVIT in Support by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 154 Joint MOTION to Take Deposition Supplemental Declaration of Alice L. Fontier (Fontier, Alice) (knb). (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

PACER
159

Joint MOTION for Extension of Time to File Government's Response to Defendants' Joint Motion to Take Deposition and Defendants' Reply Brief by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Proof of Service)(Han, Caroline) (knb). (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER
160

ORDER Granting 159 Motion for Extension of Time to File as to Basaaly Saeed Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3), Ahmed Nasir Taalil Mohamud (4). The United States' response to Defendants' Joint Motion to Take Deposition shall be filed on August 7, 2012, and the defendants' reply brief is to be filed on August 14, 2012. Signed by Judge Jeffrey T. Miller on 8/3/2012.(knb) (Entered: 08/03/2012)

Aug. 3, 2012

Aug. 3, 2012

PACER
161

RESPONSE in Opposition by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 154 Joint MOTION to Take Deposition (Attachments: # 1 Declaration of William P. Cole, # 2 Declaration of Linda Jacobson, # 3 Proof of Service)(Cole, William)(knb). (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
162

MOTION for Leave to File Excess Pages by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Proof of Service)(Cole, William) (knb). (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
163

SUPPLEMENTAL DOCUMENT by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 161 Response in Opposition, Errata (Attachments: # 1 Proof of Service)(Cole, William) (knb). (Entered: 08/09/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER
164

ORDER Granting 162 Motion for Leave to File Excess Pages as to Basaaly Saeed Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3), Ahmed Nasir Taalil Mohamud (4). Signed by Judge Jeffrey T. Miller on 8/9/2012.(knb) (Entered: 08/09/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER
165

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status Hearing) as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 8/8/2011, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/31/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012. (akr) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
166

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status Hearing) as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 9/23/2011, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/31/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012. (akr) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
167

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status Hearing) as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 2/9/2012, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/31/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012. (akr) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
173

Joint MOTION for Leave to File Excess Pages in Joint Reply Motion for Depositions by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Fontier, Alice) (knb). (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER

Case Details

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act -- Telephony Metadata

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 22, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four Somali immigrants, convicted on criminal charges related to providing aid to Al-Shabab.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Brennan Center for Justice

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Criminal Conviction

Source of Relief:

Litigation

Issues

General/Misc.:

Records Disclosure

Search policies

Terrorism/Post 9-11 issues