United States v. Arpaio, No. 17-10448 (9th Cir. 2018)Annotate this Case
Former Maricopa County Sheriff Arpaio was referred for criminal contempt in August 2016. The government obtained a conviction on July 31, 2017. On August 25, 2017, the President pardoned Arpaio, noting that Arpaio’s sentencing was “set for October 5, 2017.” On August 28, 2017, Arpaio moved “to dismiss this matter with prejudice” and asked the district court “to vacate the verdict and all other orders” plus the sentencing. On October 4, the district court dismissed with prejudice the action for criminal contempt. No timely notice of appeal order was filed. The Ninth Circuit denied a late-filed request for the appointment of counsel to “cross-appeal” the dismissal. The district court denied Arpaio’s second request and refused to grant “relief beyond dismissal with prejudice.” Arpaio filed a timely notice of appeal. In response to a request for the appointment of counsel to defend the order denying Arpaio’s request for vacatur, the government stated that it “does not intend to defend the district court’s order” and intends to argue, as it did in the district court, that the motion to vacate should have been granted. The Ninth Circuit appointed a special prosecutor to file briefs and present oral argument on the merits.