United States v. Shamar Tyrell Garcia

Defendant was indicted for being a felon in possession of a firearm. He moved to dismiss the indictment and to disqualify U.S. Attorney Sigal Chattah from prosecuting his case on the ground that Chattah had been illegally appointed. The district court granted the motion to disqualify, but denied the motion to dismiss, which decision the court stayed pending appeal to the Ninth Circuit. The government appealed the order to disqualify and the defendant cross appealed from the order denying the motion to dismiss. The appeal was consolidated with three other cases in the Ninth Circuit. 

United States v. Shamar Tyrell Garcia

Case Details
  • Case No.: 2:25-cr-00230
  • Case Filed: June 30, 2025
  • Jurisdiction: D. Nev.
  • Charges: 18 U.S.C. 922(g)(1)

  • Judge: Boulware, Richard Franklin, II, Campbell, David G.
  • US Attorney: Bush, Brenna Lv
  • Defense Attorney: Ojeda, Heidi A. and Baron, Jeremy Charles
Key Topics in the Case

Case Analysis

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Case Files

Case Appeals

Interlocutory - Date Filed 07/30/25 - 9th Circuit Court of Appeals

See the Analysis section for appeal analysis.

Appeal Details
  • Case Number: 25-6229
  • Date Filed: 07/30/2025
  • Jurisdiction: 9th Circuit Court of Appeals
  • Type: Interlocutory
  • Status: Pending

Read the Docket

Questions Presented

The Government argues that the district court erred by disqualifying Sigal Chattah and the defendants argue that although the district court properly concluded Ms. Chattah was ineligible to serve as the acting U.S. Attorney, it erred when it declined to dismiss the indictments.

Appeal Files

  • ECF: 37 - 12/08/25 - Brief

    Updated Replacement Principal and Response Brief by Devonte Devon Jackson

  • ECF: 22 - 11/21/25 - Brief

    Brief by appellee Devonte Devon Jackson

  • ECF: 11 - 10/27/25 - Motion

    MTD D's cross-appeal

  • ECF: 12 - 10/31/25 - Brief

    Appellant's Principal Brief

  • ECF: 18 - 11/13/25 - Brief

    Reply in support of MTD D's cross-appeal

  • ECF: 41 - 12/23/25 - Brief

    Reply Brief on Cross-Appeal by Devonte Devon Jackson

  • ECF: 39 - 12/16/25 - Brief

    Third Brief on Cross-Appeal by USA

  • ECF: 29 - 11/28/25 - Brief

    Brief of Amicus Curiae Cato Institute in Support of Appellees

  • ECF: 28 - 11/28/25 - Brief

    Brief of Amicus Curiae Cato Institute in Support of Defendants/Appellees/Cross-Appellants

  • ECF: 16 - 11/06/25 - Other

    Response to gov't MTD D's cross-appeal

  • ECF: 25 - 11/25/25 - Brief

    Brief for Amici Curiae Nevada Attorneys for Criminal Justice and National Association of Criminal Defense Lawyers in Support of Defendants/Appellees/Cross-Appellants and Affirmance

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