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Case Information: 23-CF-0514
Short Caption:TYREE BENSON V. UNITED STATESClassification:Appeals - Criminal Felony - Weapons Related
Superior Court or Agency Case Number:2022-CF2-005996Filed Date:06/19/2023
Opening Event Date:06/19/2023Case Status:Decided/Dismissed
Record Completed:09/20/2023Post-Decision Matter Pending:
Briefs Completed:09/16/2024
Argued/Submitted:12/12/2024
Disposition:Next Scheduled Action:
Mandate Issued:
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus CuriaePublic Defender Service for the District of ColumbiaN
Alice WangYY
Jaclyn S. FrankfurtNY
AppellantTyree BensonY
Jaclyn S. FrankfurtNY
Alice WangNY
AppelleeUnited StatesN
Chrisellen R. KolbYY
Katherine M. KellyNY
IntervenorDistrict of ColumbiaN
Caroline Van ZileYY
Marcella CoburnNY
Thais-Lyn TrayerNY

Events
Event DateStatusDescriptionResultPDF
06/19/2023FiledNotice Of Appeal
06/26/2023FiledInitial Order
06/26/2023FiledAppointing Counsel/CJA Sicilia C. Englert, Esq. (Appellant)
07/18/2023FiledStatement Regarding Transcript(s) (Appellant)
09/13/2023FiledRecord Index
09/13/2023FiledRecord Copies
09/13/2023FiledSupplemental Record - #1 (SEALED portion of record)
09/20/2023FiledSupplemental Record #2 (29 Pages/ Tape) 10/26/22 proceeding
09/20/2023FiledSupplemental Record #3 (8 Pages/ Tape) 12/19/22 proceeding
09/20/2023FiledSupplemental Record #4 (9 Pages/ Tape) 3/31/23 proceeding
09/20/2023FiledSupplemental Record #5 (3 Pages/ Alonzo) 4/11/23 proceeding
09/20/2023FiledSupplemental Record #6 (112 Pages/ Bradley) 4/11/23 proceeding
09/20/2023FiledSupplemental Record #7 (11 Pages/ Tape) 6/9/23 proceeding
09/20/2023FiledRecord Completed
09/22/2023FiledBriefing Order
10/31/2023FiledMotion For Extension Of Time to File Brief, Appendix (Appellant)Granted
11/02/2023FiledOrder Granting appellant's motion for an extension of time to file brief and limited appendix on or before January 2, 2024
11/15/2023FiledRecord/Exhibits in x:/shared DCCA Exhibits
12/21/2023FiledMotion To Supplement The Record (Appellant)Granted
12/29/2023FiledLimited Appendix (Appellant)
12/29/2023FiledBrief (Redacted) (Appellant)
01/10/2024FiledOrder Granting appellant's motion to supplement the record with Government Exhibits
01/10/2024FiledSupplemental Record - #8 (Government Exhibit 1, Defense Exhibit 1 and Defense Exhibit 3 -Body-worn camera video)
01/24/2024FiledMotion For Extension Of Time to File Brief (Appellee)Granted
02/02/2024FiledOrder Granting appellee's motion for an extension of time to file brief on or before March 20, 2024
03/20/2024FiledMotion For Leave To File Excess-Paged Brief (Redacted) (Appellee)Granted
03/21/2024FiledTMC
03/21/2024FiledORDER GRANTING APPELLEE'S motion for leave to file the lodged brief that exceeds the page limits...
03/21/2024FiledBrief (Redacted) (Appellee)
03/21/2024FiledBriefing Completed
03/21/2024FiledACTION - Ready for Calendaring - Regular
04/01/2024FiledMotion to Appear Amicus and file a brief (Amicus Curiae)Granted
04/03/2024FiledMotion for Leave to Intervene (Redacted) (Intervenor)Granted
04/12/2024FiledOrder Granting Public Defender Service motion to appear as Amicus Curiae on behalf of appellant F/O that the District of Columbia's motion to enter their appearance as appellee is granted F/O the brief of Amicus Curiae shall be filed within 60 days after the Supreme Court decides Rahimi v. United States and the District of Columbia's brief shall be filed 14 days thereafter F/O sua sponte that this appeal is hereby stayed pending resolution of Rahimi v. United States in the Uninted States Supreme Court
04/12/2024FiledOrder Sua Sponte Staying Appeal
07/31/2024FiledOrder sua sponte that the stay entered is hereby vacated F/O that amicus curiae PDS shall filed brief within 60 days from the date of this order F/O that appellee District of Columbia shall file brief 14 days thereafter
08/05/2024FiledRedaction Certificate (Amicus Curiae)
08/05/2024FiledBrief (Redacted) (Amicus Curiae)
08/08/2024FiledRedaction Certificate (Appellee District of Columbia)
08/08/2024FiledMotion For Extension Of Time to File It's Brief (Appellee District of Columbia)Granted
08/16/2024FiledOrder Granting appellee District of Columbia's motion for an extension of time to file brief on or before September 9, 2024
09/05/2024FiledMotion For Extension Of Time to File It's Brief and For Leave to Exceed the Page Limit Brief (Redacted) (Appellee District of Columbia)Granted
09/13/2024FiledOrder Granting appellee DC's motion and DC shall file its motion, not to exceed 70 pages by December 16, 2024
09/16/2024FiledBrief (Redacted) (Appellee District of Columbia)
09/16/2024FiledBriefing Completed
09/26/2024FiledACTION - Ready for Calendaring - Regular
10/10/2024FiledMotion for Leave to Participate in Oral Argument (Redacted) (Amicus Curiae)Granted
10/24/2024FiledACTION - Calendar notice sent
11/01/2024FiledOrder Granting amicus curiae Public Defender Service for the District of Columbia's motion and amicus curiae Public Defender Service for the District of Columbia may use 7.5 of the 15 minutes of argument time allotted to appellant.
11/13/2024FiledRule 28(k) Citation of Supplemental Authority (Appellee District of Columbia)
11/20/2024FiledRule 28(k) Citation Of Supplemental Authority (Appellee District of Columbia)
12/05/2024FiledRedaction Certificate (Appellant)
12/05/2024FiledMotion For Leave to File Reply Brief (Appellant) (Redacted)Granted
12/05/2024FiledNotice Regarding the Substitution of Counsel for Oral Argument Received (Appellee United States)
12/05/2024FiledLetter of Presenting Oral Argument Received (Appellee United States)
12/06/2024FiledNotice of Arguing Attorney Received (Appellee District of Columbia)
12/06/2024FiledNotice Regarding the Substitution of Counsel for Oral Argument Received (Appellee United States)
12/09/2024FiledOrdered that appellant's motion is granted and the Clerk shall file the lodged reply brief.
12/09/2024FiledReply Brief (Redacted) (Appellant)
12/12/2024FiledArgued before Chief Judge Blackburne-Rigsby, Associate Judges Easterly and Deahl. (Alice Wang, Esq. for amicus curiae Public Defender Service for the District of Columbia) (Sicilia C. Englert, Esq. for appellant Tyree Benson) (Chrisellen R. Kolb, Esq. for appellee United States) (Caroline Van Zile, Esq. for appellee District of Columbia)
12/13/2024FiledRule 28(k) Citation of Supplemental Authority (Appellee District of Columbia)
03/24/2025FiledRule 28(k) Citation Of Supplemental Authority (Appellee District of Columbia)
07/23/2025FiledRedaction Certificate (Appellee United States)
07/24/2025FiledLetter Received (Appellee United States)
09/09/2025FiledMotion to Vacate Conviction for Possession of a Large- Capacity Ammunition Feeder Device (Appellee)Granted
09/09/2025FiledResponse to Appellee's Motion to Vacate Conviction for Possession of a Large- Capacity Ammunition Feeder Device (Intervenor)
09/10/2025FiledMotion to File a Response to Appellee's Motion to Vacate Conviction for Possession of a Large- Capacity Ammunition Feeder Device (Amicus Curiae)Granted
09/10/2025FiledOrder Granting amicus curiae Public Defender Service's motion and amicus curiae Public Defender Service's response shall be filed on or before September 16, 2025.
09/16/2025FiledResponse to Appellee's Motion to Vacate Appellant's Conviction for Possession of a Large Capacity Ammunition Feeding Device (Amicus Curiae)
09/19/2025FiledMotion for Extension of Time to File a Reply to the Response to Motion to Vacate Appellant's Conviction for Possession of a Large Capacity Ammunition Feeding Device (Redacted) (Appellee)Granted
09/19/2025FiledMotion for Extension of Time to File a Reply to the Response to Motion to Vacate Appellant's Conviction for Possession of a Large Capacity Ammunition Feeding Device (Redacted) (Intervenor)Granted
09/24/2025FiledOrdered that appellee's motion to vacate conviction for possession of a large-capacity ammunition feeder device is hereby held in abeyance. It is Further Ordered that appellee's motion for extension of time to file a reply to amicus curiae's response is granted, and appellee's reply shall be filed on or before October 2, 2025. It is Further Ordered that intervenor's motion for extension of time to file a reply to amicus curiae's response is granted, and intervenor's reply shall be filed on or before October 2, 2025.
10/02/2025FiledIntervenor-Appellee the District of Columbia's Reply to Amicus Curiae Public Defender Service's Response (Intervenor)
10/03/2025FiledMotion For Leave to File One Day Out of Time it's Reply to Amicus (Appellee)Granted
10/15/2025FiledOrdered that appellee's motion is granted, and the Clerk shall file appellee's lodged reply.
10/15/2025FiledReply in Support of Unopposed Motion to Vacate Conviction for Possession of a Large- Capacity Ammunition Feeder Device (Appellee)
03/05/2026FiledReversed and vacated by Opinion
03/06/2026FiledEmergency Motion to Suspend Precedential Status of Opinion Pending Petition for Rehearing En Banc (Intervenor)
03/06/2026FiledMotion To Withdraw as Counsel (Appellant)Granted
03/09/2026FiledORDER GRANTING counsel's motion to withdraw...F/O that any response to the District's emergency motion shall be filed by March 13 and any reply by March 18.
03/13/2026FiledOpposition to Emergency Motion to Suspend Precedential Status of Opinion Pending Petition for Rehearing En Banc (Redacted) (Appellant)
03/18/2026FiledReply to Emergency Motion to Suspend Precedential Status of Opinion Pending Petition for Rehearing En Banc (Intervenor)
03/18/2026FiledPetition For Rehearing En Banc (Intervenor)
03/18/2026FiledMotion to expedite the consideration for the Petition for Rehearing En Banc (Intervenor)
03/20/2026FiledOpposition to Intervenor- Appellee's Motion to Expedite Consideration for the Petition for Rehearing En Banc (Appellant)