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: June 12, 2017

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 Ju…

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 to 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 attorneys, see: https://www.courtlistener.com/docket/4234717/parties/united-states-v-alam-qazi/


Judge(s)

Bloom, Beth Francine (Florida)

Attorney for Plaintiff

Attorney, Noticing 2255 (Florida)

Camacho, Andy (Florida)

Attorney for Defendant

Barzee, William R. (Florida)

Chapman, Ronald Scott (Florida)

Documents in the Clearinghouse

Documents in this case

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
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
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
25

0:12-cr-60298

Pretrial Detention Order

Dec. 19, 2012

Dec. 19, 2012

Order/Opinion

2012 WL 7050588

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

2014 WL 7895440

267

0:12-cr-60298

Superseding Indictment

Jan. 16, 2015

Jan. 16, 2015

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4234717/united-states-v-alam-qazi/

Last updated March 30, 2026, 4:35 a.m.

ECF Number Date Description Link
Nov. 29, 2012

Arrest of Sheheryar Alam Qazi (at)

1 Nov. 30, 2012

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

Clearinghouse
2 Nov. 30, 2012

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

RECAP
5 Nov. 30, 2012

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)

RECAP
7 Nov. 30, 2012

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)

RECAP
Dec. 5, 2012

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)

10 Dec. 6, 2012

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

Clearinghouse
13 Dec. 7, 2012

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)

RECAP
14 Dec. 7, 2012

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)

RECAP
15 Dec. 7, 2012

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)

RECAP
18 Dec. 7, 2012

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)

RECAP
19 Dec. 7, 2012

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

RECAP
22 Dec. 11, 2012

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)

RECAP
23 Dec. 13, 2012

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

RECAP
27 Dec. 21, 2012

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)

RECAP
28 Dec. 21, 2012

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

RECAP
29 Dec. 28, 2012

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

RECAP
30 Dec. 28, 2012

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

RECAP
31 Dec. 31, 2012

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

RECAP
32 Jan. 2, 2013

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)

RECAP
33 Jan. 2, 2013

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)

RECAP
35 Jan. 14, 2013

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

RECAP
37 Jan. 18, 2013

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)

RECAP
Jan. 22, 2013

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

38 March 14, 2013

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)

RECAP
39 March 15, 2013

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)

RECAP
40 March 22, 2013

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)

RECAP
41 April 2, 2013

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)

RECAP
42 April 5, 2013

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

RECAP
43 April 5, 2013

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

RECAP
44 April 5, 2013

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)

RECAP
45 April 7, 2013

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)

RECAP
46 April 7, 2013

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)

RECAP
47 April 8, 2013

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)

RECAP
48 April 10, 2013

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)

RECAP
49 April 11, 2013

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)

RECAP
50 April 11, 2013

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)

RECAP
51 April 15, 2013

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)

RECAP
52 April 15, 2013

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)

RECAP
53 April 15, 2013

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)

RECAP
54 April 15, 2013

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)

RECAP
55 April 15, 2013

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)

RECAP
56 April 15, 2013

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

RECAP
57 April 17, 2013

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)

RECAP
58 April 18, 2013

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)

RECAP
59 April 18, 2013

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)

RECAP
60 April 18, 2013

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)

RECAP
64 April 22, 2013

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)

RECAP
65 April 22, 2013

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)

RECAP
66 April 22, 2013

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)

RECAP
67 April 22, 2013

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)

RECAP
68 April 23, 2013

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)

RECAP
69 April 23, 2013

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)

RECAP
72 April 23, 2013

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)

RECAP
74 April 23, 2013

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)

RECAP
70 April 24, 2013

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

RECAP
71 April 24, 2013

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)

RECAP
April 24, 2013

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)

75 April 25, 2013

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)

RECAP
76 May 2, 2013

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

RECAP
77 May 6, 2013

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)

Clearinghouse
80 May 9, 2013

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)

RECAP
81 May 13, 2013

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

RECAP
82 May 13, 2013

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

RECAP
83 May 14, 2013

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)

RECAP
84 May 14, 2013

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)

RECAP
85 May 15, 2013

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)

RECAP
86 May 15, 2013

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)

RECAP
87 May 21, 2013

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

RECAP
88 May 21, 2013

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)

RECAP
90 May 22, 2013

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)

RECAP
91 May 25, 2013

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

RECAP
92 May 27, 2013

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)

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93 May 28, 2013

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

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94 May 28, 2013

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)

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95 May 28, 2013

ORDER granting 92 Motion to Adopt/Join 87 MOTION to Suppress Evidence Derived From FISA Intercepts joined by Sheheryar Alam Qazi (2) as to Sheheryar Alam Qazi (2). Signed by Judge Robert N. Scola, Jr on 5/28/2013. (jh) (Entered: 05/28/2013)

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96 May 28, 2013

Defendant's MOTION to Declare the FISA Amendments Act of 2008 Unconstitutional by Sheheryar Alam Qazi. Responses due by 6/14/2013 (Attachments: # 1 Memorandum Part 1, # 2 Memorandum Part 2, # 3 Memorandum Part 3, # 4 Memorandum Part 4, # 5 Memorandum Part 5)(Chapman, Ronald) (Entered: 05/28/2013)

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97 May 29, 2013

PAPERLESS ORDER REFERRING MOTION: 93 Defendant's Motion to Suppress. This Motion is hereby referred to Magistrate Judge John J. O'Sullivan for report and recommendation, pursuant to 28 U.S.C. s. 636 and Rule 1 of this District's Local Magistrate Judge Rules. Signed by Judge Robert N. Scola, Jr. on 5/29/2013. (jky) (Entered: 05/29/2013)

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98 May 29, 2013

MOTION for Extension of Time to File Response as to 96 Defendant's MOTION to Declare the FISA Amendments Act of 2008 Unconstitutional, 46 Defendant's MOTION to Compel FISA Materials Pertaining to a Physical Search, 87 MOTION to Suppress Evidence Derived From FISA Intercepts, 45 Defendant's MOTION to Compel FISA Materials Pertaining to Electronic Surveillance, 93 Defendant's MOTION to Suppress FISA-Related Evidence by USA as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 6/17/2013 (Attachments: # 1 Text of Proposed Order)(Gilbert, Karen) (Entered: 05/29/2013)

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99 May 30, 2013

ORDER granting 98 Motion for Extension of Time to File Response as to Raees Alam Qazi (1), Sheheryar Alam Qazi (2) re Defendants' FISA Motions 45, 46, 87, 93, and 96 . Government Responses due by 7/17/2013. Signed by Judge Robert N. Scola, Jr on 5/30/2013. (jh) (Entered: 05/30/2013)

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100 May 31, 2013

Unopposed MOTION to Adopt/Join 93 Defendant's MOTION to Suppress FISA-Related Evidence by Raees Alam Qazi as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 6/17/2013 (Attachments: # 1 Text of Proposed Order)(Ecarius, Daniel) (Entered: 05/31/2013)

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102 June 3, 2013

ORDER granting 92 Motion to Adopt/Join Raees Alam Qazi (1) Motion to Suppress Evidence Derived from FISA Intercepts (DE87). Signed by Magistrate Judge John J. O'Sullivan on 6/3/2013. (mms) (Entered: 06/03/2013)

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103 June 4, 2013

CJA 24 as to Sheheryar Alam Qazi: Authorization to Pay Carl Schanzleh Voucher # FLST 13 158. (ls) (Entered: 06/04/2013)

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104 June 5, 2013

Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Status Conference as to Sheheryar Alam Qazi, Raees Alam Qazi held on 6/5/2013. (Digital 09:58:40/BU 09:57:08/10:20:17.) (cg1) (Entered: 06/05/2013)

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105 June 5, 2013

ORDER as to Sheheryar Alam Qazi, Raees Alam Qaz STAYING 77 Order on Motion to Compel; Status Conference set 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. ( Status Conference set for 7/26/2013 10:00 AM in Miami Division before Magistrate Judge John J. O'Sullivan.) Government shall provide discovery to the defendants by 7/8/2013. Signed by Magistrate Judge John J. O'Sullivan on 6/5/2013. (mms) (Entered: 06/05/2013)

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107 June 12, 2013

Supplemental RESPONSE to Standing Discovery Order by USA as to Raees Alam Qazi, Sheheryar Alam Qazi (Gilbert, Karen) (Entered: 06/12/2013)

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110 July 3, 2013

MOTION for Protective Order by USA as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 7/22/2013 (Attachments: # 1 Exhibit)(Gilbert, Karen) (Entered: 07/03/2013)

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111 July 8, 2013

Defendant's MOTION for Order Declaring CIPA Unconstitutional by Raees Alam Qazi. Responses due by 7/25/2013 (Ecarius, Daniel) (Entered: 07/08/2013)

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112 July 8, 2013

Defendant's MOTION for Reconsideration re 105 Order, Set Hearings,,,, by Raees Alam Qazi. Responses due by 7/25/2013 (Ecarius, Daniel) (Entered: 07/08/2013)

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113 July 8, 2013

PROTECTIVE ORDER granting 110 Motion for Protective Order as to Raees Alam Qazi (1), Sheheryar Alam Qazi (2). Signed by Judge Robert N. Scola, Jr on 7/8/2013. (jh) (Entered: 07/08/2013)

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114 July 8, 2013

Supplemental RESPONSE to Standing Discovery Order by USA as to Raees Alam Qazi, Sheheryar Alam Qazi (Gilbert, Karen) (Entered: 07/08/2013)

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115 July 10, 2013

Unopposed MOTION to Adopt/Join 111 Defendant's MOTION for Order Declaring CIPA Unconstitutional by Sheheryar Alam Qazi as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 7/29/2013 (Attachments: # 1 Text of Proposed Order to Adopt DE 111)(Chapman, Ronald) (Entered: 07/10/2013)

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116 July 10, 2013

Unopposed MOTION to Adopt/Join 112 Defendant's MOTION for Reconsideration re 105 Order, Set Hearings,,,, by Sheheryar Alam Qazi as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 7/29/2013 (Attachments: # 1 Text of Proposed Order to Adopt DE 112)(Chapman, Ronald) (Entered: 07/10/2013)

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117 July 11, 2013

PAPERLESS ORDER granting ore tenus motion for extention of time. As announced at the status conference, the Government shall have until 7/29/2013 to respond to the Defendants' motions appearing at ECF Nos. 111 112 . Signed by Judge Robert N. Scola, Jr. on 7/11/2013. (jky) (Entered: 07/11/2013)

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118 July 11, 2013

PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Status Conference as to Sheheryar Alam Qazi, Raees Alam Qazi held on 7/11/2013 to set trial date and all other necessary deadlines. Defendants present for hearing. Parties agreed that an additional status conference in 2 to 3 months is in order and this will allow the defendants time to review the discovery in this case. Third Status Conference is set for 11/01/2013 at 8:30 AM. The Government's Ore Tenus Motion for Extension of Time to File Response to Defendant Raees Alam Qazi's Motions 111 and 112 is granted. Responses due 07/29/2013. APPEARANCES: AUSA Karen Gilbert, AUSA Adam Fels, AFPD Daniel Ecarius, Ronald Chapman. Court Reporter: Joseph Millikan, 305-523-5148 / JosephAMillikan@gmail.com (jh) (Entered: 07/12/2013)

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119 July 12, 2013

ORDER granting 115 Motion to Adopt/Join 111 Defendant's MOTION for Order Declaring CIPA Unconstitutional joined by Sheheryar Alam Qazi (2) as to Sheheryar Alam Qazi (2). Signed by Judge Robert N. Scola, Jr on 7/12/2013. (jh) (Entered: 07/12/2013)

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120 July 12, 2013

ORDER granting 116 Motion to Adopt/Join 112 Defendant's MOTION for Reconsideration of Court's Order 105 Granting In Camera Ex-parte Proceeding joined by Sheheryar Alam Qazi (2) as to Sheheryar Alam Qazi (2). Signed by Judge Robert N. Scola, Jr on 7/12/2013. (jh) (Entered: 07/12/2013)

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121 July 15, 2013

ORDER TO CONTINUE - Ends of Justice as to Sheheryar Alam Qazi, Raees Alam Qazi Time excluded from 7/11/2013 until 11/1/13. Third Status Conference set for 11/1/2013 08:30 AM in Miami Division before Judge Robert N. Scola Jr., to set trial date and all necessary deadlines. The defendants are required to be present at this hearing. Signed by Judge Robert N. Scola, Jr on 7/15/2013. (jh) (Entered: 07/15/2013)

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July 15, 2013

DE 117 Reset Deadlines re Motion or Report and Recommendation in case as to Sheheryar Alam Qazi, Raees Alam Qazi 112 Defendant's MOTION for Reconsideration re 105 Order, Set Hearings,,,,, 111 Defendant's MOTION for Order Declaring CIPA Unconstitutional . Responses due by 7/29/2013 (tp)

122 July 16, 2013

MOTION for Extension of Time Extension of Time to Respond to Foreign Intelligence Surveillance Act Motions DE 45, 46, 87, 93, 96 by USA as to Sheheryar Alam Qazi, Raees Alam Qazi. Responses due by 8/2/2013 (Attachments: # 1 Text of Proposed Order)(Gilbert, Karen) Modified text and links on 7/17/2013 (tp). (Entered: 07/16/2013)

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Case Details

State / Territory:

Florida

Case Type(s):

National Security

Special Collection(s):

Criminal cases challenging FISA surveillance

Foreign Intelligence Surveillance Act -- All Matters

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

Key Dates

Filing Date: Nov. 30, 2012

Closing Date: June 12, 2017

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

Federal

the United States

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

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

Other Dockets:

Southern District of Florida 0:12-cr-60298

Southern District of Florida 0:16-cv-61177

U.S. Court of Appeals for the Eleventh Circuit 20-10855

U.S. Court of Appeals for the Eleventh Circuit 22-12025

Special Case Type(s):

Criminal

Available Documents:

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Criminal Conviction

Source of Relief:

Litigation

Issues

General/Misc.:

Records Disclosure

Terrorism/Post 9-11 issues

Recommended Citation