Court of Appeals for the Ninth Circuit Court Cases

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  1. United States v. William George Howard (1990)

    William Howard appeals the district court's decision not to reduce Howard's base offense level under the Sentencing Guidelines ("Guidelines"). Howard argues that he was entitled to have his offense level reduced by two points because he was only a minor participant in the conspiracy to which he had pled guilty. Howard states that the district court improperly interpreted the Guidelines, improperly assessed the facts that showed the extent to which Howard had participated in the [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 89-30093
  2. Todd Hiivala v. Tana Wood (1999)

    Todd Hiivala ("Hiivala"), a Washington state prisoner, appeals the district court's dismissal of his 28 U.S.C. S 2254 habeas petition challenging his conviction for first-degree murder and three counts of criminal solicitation to commit first-degree murder. The district court dismissed Hiivala's habeas petition with prejudice.


    Court: Court of Appeals for the Ninth Circuit Docket: 98-35265
  3. William George Bonin v. Arthur Calderon (1995)

    William George Bonin, a California state prisoner awaiting execution at San Quentin State Prison, appeals from the district court's denial of his two petitions for writ of habeas corpus relief under 28 U.S.C. Sec. 2254. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Secs. 1291, 2253. We affirm.


    Court: Court of Appeals for the Ninth Circuit Docket: 93-99000
  4. Giedrius Leo Kazlauskas v. Immigration & Naturalization Service (1995)

    Petitioner Giedrius Leo Kazlauskas was found deportable by an immigration judge ("IJ") and Kazlauskas' applications for asylum and temporary withholding of deportation were denied. The Board of Immigration Appeals ("BIA") affirmed the IJ's decision, and Kazlauskas appeals. We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a, and we affirm.


    Court: Court of Appeals for the Ninth Circuit Docket: 92-70665
  5. United States v. Miguel Angel Flores-Payon (1991)

    On November 20, 1989, defendant Flores-Payon pled guilty to one count of conspiracy to possess heroin with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Defendant pled guilty pursuant to an agreement under which the government promised: (1) to recommend the lower end of the guideline sentence or the mandatory minimum sentence of five years, whichever was higher; (2) not to seek a superseding indictment charging appellant with possession of a firearm in violation of [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 90-50081
  6. Mehdi Abedini v. U.S. Immigration and Naturalization Service (1992)

    Respondent has filed a request, pursuant to Circuit Rule 36-4 of the Rules of the United States Court of Appeals for the Ninth Circuit, to redesignate the memorandum decision as an opinion, and, as such, be published. The members of the panel have voted unanimously to grant the request. Accordingly, the memorandum disposition filed March 26, 1992, 958 F.2d 376, is redesignated as an authored opinion by Judge Brunetti.


    Court: Court of Appeals for the Ninth Circuit Docket: 91-70038
  7. Joseph R. Bolker v. Commissioner of Internal Revenue (1985)

    Bolker was the sole shareholder of the Crosby Corporation (Crosby) which owned the Montebello property. For tax purposes associated with the anticipated development of the property, Bolker decided to liquidate Crosby and distribute Montebello to himself. Before Crosby carried out the liquidation, problems in financing convinced Bolker to dispose of the Montebello property rather than developing it himself. On the day the Crosby liquidation actually occurred, Bolker contracted to [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 84-7357
  8. United States v. Servando Reyes-Alvarado v. Martin Gonzalez-Ramirez (1992)

    Appellants Servando Reyes-Alvarado and Martin Gonzalez-Ramirez were convicted of involvement in the same conspiracy to manufacture and distribute methamphetamine. Reyes-Alvarado appeals his conviction for conspiracy to possess with the intent to distribute ten kilograms of methamphetamine, and aiding and abetting the possession of the same quantity of methamphetamine with the intent to distribute.


    Court: Court of Appeals for the Ninth Circuit Docket: 91-50052
  9. Mauro Antonio Cano-Merida v. Immigration (2002)

    Mauro Antonio Cano-Merida ("Cano") petitions for review of the Board of Immigration Appeals's ("BIA") order affirming the immigration judge's denial of his motion to reconsider.1 Cano argues he was denied a meaningful opportunity to present his asylum application. We agree. We grant Cano's petition, in part, and remand to the BIA with instructions to order a new hearing before the immigration judge ("IJ").


    Court: Court of Appeals for the Ninth Circuit Docket: 01-71423
  10. Todd D. Vess v. Ciba-Geigy Corp. USA Novartis Pharmaceuticals Corporation Children (2003)

    COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Donald F. Hildre and Peggy Reali, Dougherty, Hildre, Dudek & Haklar, San Diego, CA; John P. Coale and Julia McInerny, Coale, Cooley, Lietz & McInerny, Washington, DC; Richard F. Scruggs, Sidney A. Backstrom and Robin Reid Boswell, Scruggs Legas, Pascagoula, MS; Marc C. Saperstein and Kevin Decie, Davis, Saperstein & Solomon, Teaneck, NJ; C. Andrews Waters, Waters & Kraus, Dallas, TX, for the plaintiffs-appellants.


    Court: Court of Appeals for the Ninth Circuit Docket: 01-55834
  11. International Union of Bricklayers & Allied Craftsman Local Union No. 20 v. Martin Jaska, Inc. (1985)

    The International Union of Bricklayers and affiliated benefit trust funds ("Bricklayers") sued appellee Martin Jaska, Inc. ("Jaska"), a construction general contractor, for damages caused by Jaska's breach of collective bargaining agreements it had with two other unions. Bricklayers theorized that it was the intended third-party beneficiary of those agreements.


    Court: Court of Appeals for the Ninth Circuit Docket: 84-5634
  12. Giovanni Molina-Estrada v. Immigration (2002)

    On slip opinion page 2600, first full paragraph, replace the last two sentences, starting with "Even assuming" and ending with "attack took place," and footnote 1, with the following:


    Court: Court of Appeals for the Ninth Circuit Docket: 99-70216
  13. United States v. Moses Corona-Sanchez (2002)

    Patrick K. O'Toole, United States Attorney, Roger W. Haines, Jr., Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.


    Court: Court of Appeals for the Ninth Circuit Docket: 98-50452
  14. Amf Incorporated v. Sleekcraft Boats (1979)

    In this trademark infringement action,1 the district court, after a brief non-jury trial, found appellant AMF's trademark was valid, but not infringed, and denied AMF's request for injunctive relief.2


    Court: Court of Appeals for the Ninth Circuit Docket: 76-1744
  15. In Re E.R. Fegert v. Seaboard Surety Company Coral Construction Company (1989)

    Dan O'Rourke, as trustee for E.R. Fegert, Inc., appeals an affirmance by the Bankruptcy Appellate Panel of a summary judgment entered by the bankruptcy court in favor of defendants Coral Construction, Inc. and Shotwell Paving Company. O'Rourke sought avoidance of certain payments to the two companies as preferential payments. Seaboard Surety Company was joined as a third party and is an appellee in this appeal. The Bankruptcy Appellate Panel's opinion is published at 88 B.R. 258. We [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 88-4157
  16. Navaratwam Kamalthas v. Immigration (2001)

    David W. Ogden, Acting Asst. Attorney General, Karen Fletcher Torstenson, Asst. Director, John S. Hogan, Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, for the respondent.


    Court: Court of Appeals for the Ninth Circuit Docket: 99-71081
  17. United States v. Robert Bolinger (1991)

    Robert Bolinger appeals his criminal sentence after pleading guilty to the charge of being a felon in possession of a firearm. Bolinger argues that the district court misapplied the sentencing guidelines and placed an impermissible condition on his supervised release. Bolinger's negotiated plea agreement expressly waived his right to appeal the sentence pursuant to 18 U.S.C. Sec. 3742. We hold the waiver enforceable and thus do not consider his claims that the guidelines were [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 90-10305
  18. Leif Taylor v. Thomas M. Maddox (2004)

    Deborah J. Chuang, Deputy Attorney General, Los Angeles, CA, for the respondents-appellees. Chuang was joined on the briefs by Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, and Kenneth C. Byrne, Supervising Deputy Attorney General.


    Court: Court of Appeals for the Ninth Circuit Docket: 02-55560
  19. United States v. William D. Davis v. Curry James Williams (1994)

    Appellants William D. Davis and Curry James Williams were convicted on the following charges: (1) conspiring to distribute one-half pound of cocaine base, a Schedule II Controlled Substance under 21 U.S.C. Sec. 812(c), in violation of 21 U.S.C. Sec. 846; and (2) distributing one-half pound of cocaine base, in violation of 21 U.S.C. Sec. 841(a)(1). In these consolidated appeals, Davis and Williams challenge the legality of their convictions and sentences on several grounds. We have [...]

    Court: Court of Appeals for the Ninth Circuit Docket: 92-10592
  20. Gerardo Bibiano Falcon Carriche Theresa v. De Falcon Carriche (2003)

    1. Change Heading III from "III. CHALLENGE TO APPLICABILITY OF STREAMLINING REGULATIONS" to "III. REGULATORY CHALLENGE" and insert at slip op. 9446 before paragraph beginning "We now turn to the Carriches' regulatory challenge."


    Court: Court of Appeals for the Ninth Circuit Docket: 02-71143

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