Case: United States v. Arpaio

2:16-cr-01012 | U.S. District Court for the District of Arizona

Filed Date: April 11, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

The defendant here, former Maricopa County Sheriff Joseph M. Arpaio (“Sheriff Arpaio”) was referred for criminal contempt on August 19, 2016. The U.S. prosecuted Sheriff Arpaio and obtained a conviction on July 31, 2017. 2017 WL 3268180. On August 25, 2017, President Donald J. Trump pardoned Sheriff Arpaio.On August 28, 2017, Sheriff Arpaio moved for two forms of relief (1) to dismiss this matter with prejudice, and (2) to vacate the verdict and all other orders in this matter, as well as the s…

The defendant here, former Maricopa County Sheriff Joseph M. Arpaio (“Sheriff Arpaio”) was referred for criminal contempt on August 19, 2016. The U.S. prosecuted Sheriff Arpaio and obtained a conviction on July 31, 2017. 2017 WL 3268180. On August 25, 2017, President Donald J. Trump pardoned Sheriff Arpaio.

On August 28, 2017, Sheriff Arpaio moved for two forms of relief (1) to dismiss this matter with prejudice, and (2) to vacate the verdict and all other orders in this matter, as well as the sentencing on October 5th. The district court Judge, Susan Bolton, granted Sheriff Arpaio’s first request, and on October 4, 2017, the district court dismissed with prejudice the action for criminal contempt.

The district court denied Sheriff Arpaio’s second request to vacate the verdict and all other orders on October 19, 2017. 2017 WL 4839072. The district court and refused to grant “relief beyond dismissal with prejudice.” The court specified that the power to pardon is an executive prerogative of mercy, "not of judicial recordkeeping." The court found that the pardon undoubtedly spared the defendant from any punishment that might otherwise have been imposed, but it did not "revise the historical facts” of this case.

That same day, Sheriff Arpaio filed a timely notice of appeal. The U.S. responded that it “does not intend to defend the district court’s order from October 19, 2017 . . . instead, the government intends to argue, as it did in the district court, that the motion to vacate should have been granted.”

On April 17, 2018 the Ninth Circuit granted a motion to appoint a special prosecutor, finding that "the merits panel of our court that will decide this appeal will not receive the benefit of full briefing and argument unless we appoint a special prosecutor to defend the decision of the district court." 887 F.3d 979. On October 10, 2018, the Ninth Circuit declined to review en banc the earlier decision to appoint a special prosecutor to defend the ruling of a lower court. 906 F.3d 800. On October 15, 2018, the Circuit court appointed a special prosecutor by an order providing that “[t]he special prosecutor will be limited to the functions a government attorney would have performed in connection with Arpaio’s appeal in this Court had the government been willing to perform those functions.” In January of the following year the defendant petitioned for cert, arguing that the Ninth Circuit should not have replaced DoJ prosecutors with a special prosecutor. That petition was denied three months later.

On appeal, Arpaio argued that the district court should have granted both the vacatur and the dismissal, rather than just the dismissal. Arpaio claimed that failure to grant vacatur was an abuse of the district court's discretion. In February of 2020, the Ninth Circuit issued its opinion, which ruled that the district court was correct to not vacate Arpaio's verdict. 951 F.3d 1001. Specifically, the Ninth Circuit held that, because Arpaio was not sentenced, he had not received a final judgment and was therefore not entitled to vacatur.

Summary Authors

Abigail DeHart (3/4/2019)

Jack Hibbard (5/22/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5619559/parties/united-states-v-arpaio/


Judge(s)

Bolton, Susan Ritchie (Arizona)

Attorney for Plaintiff

Ackerman, Justin Michael (Arizona)

Attorney for Defendant
Expert/Monitor/Master/Other

Aftergut, Dennis (California)

Bassin, Ian (District of Columbia)

Bendor, Joshua David R. (Arizona)

Judge(s)

Bolton, Susan Ritchie (Arizona)

Bybee, Jay S. (Nevada)

Callahan, Consuelo Maria (California)

Collins, Daniel Paul (California)

Fletcher, William A. (California)

Smith, Norman Randy (Idaho)

Snow, G. Murray (Arizona)

Tallman, Richard C. (Washington)

Tashima, Atsushi Wallace (California)

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Documents in the Clearinghouse

Document

2:16-cr-01012

Docket

U.S. v. Arpaio

April 6, 2018

April 6, 2018

Docket

17-10448

Docket

U.S v. Arpaio

U.S. Court of Appeals for the Ninth Circuit

March 20, 2020

March 20, 2020

Docket
1

2:16-cr-01012

Order Re Criminal Contempt

U.S. v. Arpaio

Aug. 19, 2016

Aug. 19, 2016

Order/Opinion
210

2:16-cr-01012

Findings of Fact and Conclusion of Law

U.S. v. Arpaio

July 31, 2017

July 31, 2017

Order/Opinion

2017 WL 2017

220

2:16-cr-01012

Defendant's Motion for Vacatur and Dismissal with Prejudice

U.S v. Arpaio

Aug. 28, 2017

Aug. 28, 2017

Pleading / Motion / Brief
245

2:16-cr-01012

[Proposed] Memorandum of Amici Curiae Certain Members of Congress in Opposition to Defendant's Motion for Vacatur and Dismissal with Prejudice

USA v. Arpaio

Oct. 5, 2017

Oct. 5, 2017

Pleading / Motion / Brief
251

2:16-cr-01012

Order

U.S v. Arpaio

Oct. 19, 2017

Oct. 19, 2017

Order/Opinion

2017 WL 2017

256

2:16-cr-01012

[Proposed] Brief of Amici Curiae in Support of Appointment of Rule 42 Attorney to Prosecute Appeal

U.S v. Arpaio

Nov. 1, 2017

Nov. 1, 2017

Pleading / Motion / Brief
25

17-10448

Order

U.S v. Arpaio

U.S. Court of Appeals for the Ninth Circuit

April 17, 2018

April 17, 2018

Order/Opinion

887 F.3d 887

41

17-10448

Order

U.S v. Arpaio

U.S. Court of Appeals for the Ninth Circuit

Oct. 10, 2018

Oct. 10, 2018

Order/Opinion

906 F.3d 906

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5619559/united-states-v-arpaio/

Last updated Jan. 25, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

ORDER re Criminal Contempt as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate - IT IS THEREFORE ORDERED that pursuant to Rule 42(a) (1) of the Federal Rules of Criminal Procedure, the Court refers Sheriff Joseph M. Arpaio, Chief Deputy Gerard Sheridan, Captain Steven R. Bailey, and Attorney Michelle M. Iafrate to another Judge of this Court to determine whether they should be held in criminal contempt for the matters detailed above. IT IS FURTHER ORDERED directing the Clerk of Court to refer the criminal contempt proceedings, by random lot, to another Judge in the District of Arizona. IT IS FURTHER ORDERED directing the Clerk of Court to promptly notify the United States Attorney for the District of Arizona regarding this Order. (See document for further details). Signed by Judge G Murray Snow on 8/19/16. (LAD) (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

Clearinghouse
2

ORDER OF RECUSAL in case as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate: ORDERED this matter be reassigned, by lot, to another judge in the District of Arizona. FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Susan R. Bolton. All future pleadings and papers submitted for filing shall bear the following complete case number: CR-16-01012-PHX-SRB. Signed by Judge John J Tuchi on 8/19/16.(SJF) (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

PACER
3

NOTICE OF RECUSAL with attached formal notice from EOUSA by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Strange, Elizabeth) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

PACER
4

NOTICE OF ATTORNEY APPEARANCE: John D. Keller appearing for USA . (Keller, John) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
5

NOTICE OF ATTORNEY APPEARANCE: Victor R. Salgado appearing for USA . (Salgado, Victor) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
6

MOTION for Status Conference by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Keller, John) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
7

ORDER as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey and Michele M Iafrate: On September 6, 2016, Government's counsel filed a Motion for Status Conference Doc. 6 . The certificate of service on Page 3 of the Government's motion states "....on this date, I electronically filed the foregoing filing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the attorneys of record for the defendant." No counsel having yet appeared in this criminal case for Defendants, IT IS ORDERED directing Government's counsel to mail a copy of the motion to the attorney known to represent each of the Defendants and notify the Court in writing that Government's counsel has complied. IT IS FURTHER ORDERED that the motion will be denied within 3 days of the date of this order if counsel does not comply with the ECF Administrative Policies and Procedures Manual, Section G, specifically, subparagraph 1b. Signed by Judge Susan R Bolton on 9/6/16.(MAW) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
10

NOTICE OF ATTORNEY APPEARANCE: Lee David Stein appearing for Gerard Sheridan, Steven R Bailey . (Stein, Lee) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
11

NOTICE OF COMPLIANCE by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Salgado, Victor) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
13

ORDER granting 6 Motion for Status Conference as to Joseph M Arpaio (1), Gerard Sheridan (2), Steven R Bailey (3) and Michele M Iafrate (4). IT IS FURTHER ORDERED setting Status Conference on October 11, 2016, at 10:00 a.m. Signed by Judge Susan R Bolton on 9/9/16.(MAW) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
14

MOTION for Leave to Appear Telephonic at October 11, 2016 Status Conference as to attorney Barry Mitchell by Gerard Sheridan. (Attachments: # 1 Text of Proposed Order)(Mitchell, Barry) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
16

ORDER granting 14 and 15 Motions for Leave to Appear Telephonically as to Gerard Sheridan (2) and Steven R Bailey (3) and allowing counsel Barry Mitchell to participate telephonically for the Status Conference set for Tuesday, October 11, 2016, at 10:00 a.m. Counsel is directed to call the Court at 602-322-7570 at the time of the scheduled hearing. No cell phones or speaker phones are permitted. Signed by Judge Susan R Bolton on 9/16/16.(MAW) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
17

NOTICE of Joint Representation by Gerard Sheridan. (Stein, Lee) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
22

NOTICE Re Tolling of the Statute of Limitations by Gerard Sheridan. (Stein, Lee) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
27

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, and Michele M Iafrate held on 10/11/2016, before Judge Susan R. Bolton. (Court Reporter: Elizabeth A. Lemke). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/9/2017. (RAP) (Entered: 10/13/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
24

MINUTE ENTRY for proceedings held before Judge Susan R Bolton: Status Conference as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey and Michele M Iafrate held on 10/11/2016. IT IS ORDERED directing Defense counsel to advise the Court in writing no later than 2:00 p.m., October 11, 2016, whether their clients agree to a tolling of the statute of limitations under 18 U.S.C. §3285 effective this date. IT IS FURTHER ORDERED directing Government's counsel to submit to the Court no later than 5:00 p.m., October 12, 2016, an Order to Show Cause regarding the preliminary injunction violation. The Order shall include the essential facts constituting the charged criminal contempt and the date and time for Trial, which will be set for December 6, 2016, at 9:00 a.m. as to Defendant Joseph Arpaio. IT IS FURTHER ORDERED directing Defense counsel to file their briefs no later than October 25, 2016, regarding the applicability of the statute of limitations and possible tolling with respect to the contempt findings related to the Montgomery documents and the identification documents [see attached minute entry for details]. (Court Reporter Liz Lemke) Hearing held 10:04 AM to 11:07 AM.(MAW) (Entered: 10/12/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
25

TRANSCRIPT REQUEST by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate for proceedings held on 10-11-16, Judge Susan R Bolton hearing judge(s). (Keller, John) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
28

*NOTICE of Filing Proposed Order re: 24 Minute Entry by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Attachments: # 1 Proposed Order)(Keller, John) *Modified text and document number on 10/18/2016 (EJA). (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
30

*RESPONSE to 29 OBJECTION to Proposed Order to Show Cause by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Keller, John) *Modified to correct event type on 10/18/2016 (EJA). (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
33

TRANSCRIPT REQUEST by Daniel R. Ortega, Jr. of the Ortega Law Firm as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, and Michele M Iafrate for Status Hearing proceedings held on 10/11/2016, Judge Susan R Bolton hearing judge(s). (RAP) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
35

MEMORANDUM by Gerard Sheridan Regarding Expiration of Statute of Limitations Under 18 U.S.C. Sec. 3285. (Stein, Lee) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

PACER
41

EX PARTE MOTION for Third Party Ex Parte by Ramon Gomez as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (KGM) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
42

NOTICE re: Request by Non-Prisoner Pro Se Party for Electronic Noticing by Ramon Gomez. (KGM) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
45

NOTICE of Service by Ramon Gomez as to Gerard Sheridan, Steven R Bailey re: 41 MOTION for Third Party Ex Parte. (KGM) (Entered: 11/02/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
49

*RESPONSE to Defendants' Memoranda on Statute of Limitations re: 34 Memorandum, 35 Memorandum, 37 Memorandum and 38 Memorandum, by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate . (Keller, John) *Modified to correct event on 11/4/2016 (ATD). (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
51

RESPONSE in Opposition by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate re: 50 MOTION to Continue Trial Defendant Arpaio's Waiver of Speedy Trial Rights and Request for Continuance . (Attachments: # 1 Text of Proposed Order)(Keller, John) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

PACER
53

ORDER denying 41 Ramon Gomez's Motion for Third Party Ex Parte as to Joseph M Arpaio (1), Gerard Sheridan (2), Steven R Bailey (3) and Michele M Iafrate (4) [see attached Order for details]. Signed by Judge Susan R Bolton on 11/22/16.(MAW) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
60

ORDER: 18 U.S.C. § 3285 provides a one year statute of limitations for criminal contempt that is also a crime and the contumacious conduct at issue ended more than one year ago, the Court dismisses Defendants Sheridan, Bailey, and Iafrate from the criminal contempt proceedings and will proceed against Defendant Arpaio only for those allegations of criminal contempt in the Order to Show Cause (Doc. 36 ) [see attached Order for details]. Signed by Judge Susan R Bolton on 12/13/16.(MAW) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
80

TRANSCRIPT REQUEST by Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate for proceedings held on 1-25-17, Judge Susan R Bolton hearing judge(s). (McDonald, Andrew) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
81

NOTICE TO FILER OF DEFICIENCY re: AO435 80 Transcript Request filed by Joseph M Arpaio. Item 18 - ORDER: (CATEGORY) A box under FIRST COPY was incorrectly checked. An original has not yet been ordered and prepared and e-mail address was not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile with the appropriate box checked under the ORIGINAL +1 column and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
87

RESPONSE in Opposition by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate re: 86 MOTION to Continue Trial . (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Keller, John) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
95

NOTICE OF ATTORNEY APPEARANCE: Karen Ann Clark appearing for Timothy J Casey as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Clark, Karen) Modified on 3/23/2017 (REW). (Entered: 03/23/2017)

March 23, 2017

March 23, 2017

PACER
138

TRANSCRIPT REQUEST by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate for proceedings held on 04.06.2017 and 04.12.2017, Judge Susan R Bolton hearing judge(s). (Cataldo, Simon) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
139

TRANSCRIPT REQUEST by Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate for proceedings held on 4-6-17, 4-12-17, Judge Susan R Bolton hearing judge(s). (Wilenchik, Dennis) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
154

First MOTION for Leave to Supplement Exhibit List by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Cataldo, Simon) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
156

NOTICE TO FILER OF DEFICIENCY re: AO435 155 Transcript Request filed by USA. Item 18 - ORDER: (CATEGORY) No category box was checked. FOLLOW-UP ACTION REQUIRED: Please refile with the appropriate box checked under the ORIGINAL + 1 column. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
174

Additional Attachments to Main Document re: 170 Response in Opposition by USA as to Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate. (Cataldo, Simon) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
226

*Additional Attachments to Main Document re: 223 First MOTION for Leave to FileAmicus Curiae Brief Regarding Arpaio Pardon (Proposed Order) by Roderick & Solange MacArthur Justice Center as to Joseph M Arpaio. (Shapiro, David) *Modified on 9/12/2017 to clarify defendant the filing pertains to (ATD). (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
241

TRANSCRIPT REQUEST by Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate for proceedings held on October 4, 2017, Judge Susan R Bolton hearing judge(s). (Cabou, Jean-Jacques) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
242

TRANSCRIPT REQUEST by Joseph M Arpaio, Gerard Sheridan, Steven R Bailey, Michele M Iafrate for proceedings held on October 4, 2017, Judge Susan R Bolton hearing judge(s). (Brody, Kathleen) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 11, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Joe Arpaio, City

Case Details

Special Case Type(s):

Criminal

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Source of Relief:

Litigation