United States Court of Appeals, Ninth Circuit. LINZEY SMITH, Petitioner, v. UNITED STATES OF AMERICA, Respondent. No. 15-73591 Decided: December 09, 2016 Before: McKEOWN, TALLMAN, and CHRISTEN, Circuit Judges. ORDER* Smith once again requests authorization to file a second or successive motion under 28 U.S.C. § 2255 to vacate his sentence as an armed career […]
Category: Ninth Circuit Opinions
KIRKPATRICK v. COUNTY OF WASHOE, No. 12-15080 (9th Cir. 12/09/2016) [SLIP COPY]
United States Court of Appeals, Ninth Circuit. JAMIE KIRKPATRICK, individually, and as the natural father and legal guardian of B.W., a minor, Plaintiff-Appellant, v. COUNTY OF WASHOE; AMY REYNOLDS, WCDSS social worker; ELLEN WILCOX, WCDSS social worker; LINDA KENNEDY, WCDSS social worker, Defendants-Appellees. No. 12-15080 Decided: December 09, 2016 Before: Sidney R. Thomas, Chief Judge, […]
JOHNSON v. COLVIN, No. 14-17089 (9th Cir. 12/09/2016) [SLIP COPY]
United States Court of Appeals, Ninth Circuit. LUCRETIA V. JOHNSON, Plaintiff-Appellant, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant-Appellee. No. 14-17089 Decided: December 09, 2016 Before: THOMAS, Chief Judge, and BEA and IKUTA, Circuit Judges. MEMORANDUM* Lucretia Johnson appeals the district court’s order affirming the Administrative Law Judge’s (ALJ’s) partial denial of benefits. We […]
UNITED STATES v. LOFTIES, No. 15-50270 (9th Cir. 12/09/2016) [SLIP COPY]
United States Court of Appeals, Ninth Circuit. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. HENRY LOFTIES, Defendant-Appellant. No. 15-50270 Decided: December 09, 2016 Before: PREGERSON, D.W. NELSON, and OWENS, Circuit Judges. MEMORANDUM* Henry Lofties appeals from his conviction, after a jury trial, for bank robbery, in violation of 18 U.S.C. § 2113(a). As the parties are […]
Emma C. v. Eastin, Nos. No. 14-16479 & 14-16557 (9th Cir. 12/08/2016) [SLIP COPY]
United States Court of Appeals, Ninth Circuit. EMMA C., by and through her Guardian Ad Litem; et al., Plaintiffs-Appellees, v. DELAINE EASTIN, individually and in her capacity as Superintendent of Public Instruction for the State of California and CALIFORNIA DEPARTMENT OF EDUCATION, Defendants-Appellants. EMMA C., by and through her Guardian Ad Litem; et al., Plaintiffs-Appellees, […]
Romero v. Nevada Dept. of Corrections, No. 14-17204 (9th Cir. 12/08/2016) [SLIP COPY]
United States Court of Appeals, Ninth Circuit. HELEN JANE ROMERO, as Special Administrator of the Estate of Anthony Gilbert Beltran, deceased; ANTHONY G. BELTRAN, Jr., a minor child, as heir to Anthony Gilbert Beltran; BRITNIE NICOLE BELTRAN, a minor child, as heir to Anthony Gilbert Beltran; CHRISTIAN LEO CLIFFORD BELTRAN, a minor child, as heir […]
United States v. Neman, No. 15-50087 (9th Cir., 12/08/2016) [SLIP COPY]
United States Court of Appeals, Ninth Circuit. United States of America, Plaintiff-Appellee, v. Shervin Neman, aka Shervin Davatgarzadeh, Defendant-Appellant. No. 15-50087 Decided: December 08, 2016 Before: D.W. NELSON and OWENS, Circuit Judges, and KORMAN,** District Judge.Jean-Claude Andre, Assistant U.S. Attorney, Jill Therese Feeney, Esquire, Assistant U.S. Attorney, Monica E. Tait, Assistant U.S. Attorney, Office of […]
UNITED STATES v. KRUG, No. 14-50349 (9th Cir. 12/06/2016) [SLIP COPY]
United States Court of Appeals, Ninth Circuit. UNITED STATES OF AMERICA, Plaintiff – Appellee, v. GREGORY KRUG, Defendant – Appellant. No. 14-50349 Decided: December 06, 2016 Before: BERZON and NGUYEN, Circuit Judges, and ZOUHARY,** District Judge. MEMORANDUM* Gregory Krug appeals his conviction under 18 U.S.C. § 115(a)(1)(B) for threatening to assault or murder a federal […]
RAWA v. COLVIN, No. 14-14154 (9th Cir. 12/06/2016) [SLIP COPY]
United States Court of Appeals, Ninth Circuit. JEANA BERNICE RAWA, Plaintiff-Appellant, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant-Appellee. No. 14-17154 Decided: December 06, 2016 Before: SCHROEDER, REINHARDT, and OWENS, Circuit Judges.1 MEMORANDUM* Jeana Rawa appeals from the district court’s judgment affirming the Commissioner of Social Security’s denial of her application for disability insurance […]
BECKER v. WELLS FARGO BANK, NA (9th Cir. 12/06/2016)
United States Court of Appeals, Ninth Circuit. DENNLY R. BECKER, Plaintiff-Appellant, v. WELLS FARGO BANK, NA, Defendant-Appellee. DENNLY R. BECKER and BECKER TRUST DATED MARCH 25, 1991, Plaintiffs-Appellants, v. WELLS FARGO BANK, NA and WACHOVIA MORTGAGE CORPORATION, Defendants-Appellees. No. 13-16772 Decided: December 06, 2016 Before: THOMAS, Chief Judge, and HAWKINS and McKEOWN, Circuit Judges. MEMORANDUM* […]
JAPANESE VILLAGE, LLC v. TODAY’S IV, INC., Nos. 14-56837 & 14-56973 (9th Cir. 12/06/2016) [SLIP COPY]
Issues: Environmental Law
United States Court of Appeals, Ninth Circuit.JAPANESE VILLAGE, LLC, a California Limited Liability Company, Plaintiff-Appellant, v. FEDERAL TRANSIT ADMINISTRATION; CAROLYN FLOWERS, in her official capacity as Acting Administrator of the Federal Transit Administration; LESLIE T. ROGERS, in his official capacity as Regional Administrator of the Region IX Office of the Federal Transit Administration; U.S. DEPARTMENT […]
United States v. Mohamud, No. 14-30217 (9th Cir. 12/5/16) [SLIP COPY]
Issues: Criminal Law
United States Court of Appeals, Ninth Circuit. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MOHAMED OSMAN MOHAMUD, Defendant-Appellant. No. 14-30217 Decided: December 05, 2016 Before: Harry Pregerson, Carlos T. Bea, and John B. Owens, Circuit Judges.COUNSEL Stephen R. Sady (argued), Chief Deputy Federal Public Defender; Mark Ahlemeyer, Assistant Federal Public Defender; Lisa C. Hay, Federal Public […]
JE v. Lynch, Nos. 15-35738, 15-35739 (9th Cir. 7/7/16) [SLIP COPY]
Issues: immigration
J. E. F.M., a minor, by and through his Next Friend, Bob Ekblad; J. F.M., a minor, by and through his Next Friend Bob Ekblad; D. G. F.M., a minor, by and through her Next Friend, Bob Ekblad; F. L.B., a minor, by and through his Next Friend, Casey Trupin; G. D.S., a minor, by […]
U.S. v. Williams, No. 15-10008 (9th Cir., 9/20/16) [SLIP COPY]
Issues: Criminal Law
UNITED STATES OF AMERICA, Plaintiff-Appellant, v. TONY WILLIAMS, Defendant-Appellee. No. 15-10008.United States Court of Appeals, Ninth Circuit. Argued and Submitted January 7, 2016 — San Francisco, California.Filed September 20, 2016.Appeal from the United States District Court for the District of Nevada; Richard F. Boulware, District Judge, Presiding, D.C. No. 2:14-cr-00334-RFB-VCF-1. Adam M. Flake (argued), Assistant […]
United States v. Doe (9th Cir., Nov. 29, 2016) [SLIP COPY]
Issues: Criminal Law
United States Court of Appeals, Ninth Circuit. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOHN DOE, Defendant-Appellant. No. 15-10063 Decided: November 29, 2016 Before: Barry G. Silverman and Jacqueline H. Nguyen, Circuit Judges, and Marvin J. Garbis, Senior District Judge.**COUNSEL Robert W. Story, Reno, Nevada, for Defendant-Appellant. Shannon M. Bryant, Assistant United States Attorney; Elizabeth O. […]
Reyes v. Lynch (9th Cir., Nov. 30, 2016) [SLIP COPY]
Issues: immigration
United States Court of Appeals, Ninth Circuit. WILFREDO GARAY REYES, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent. No. 14-70686 Decided: November 30, 2016 Before: Michael Daly Hawkins, Johnnie B. Rawlinson, and Consuelo M. Callahan, Circuit Judges.COUNSEL, Anne Dutton (argued) and Zachary A. Albun, Student Attorneys; Benjamin Richard Casper, Supervising Attorney; University of Minnesota Law […]
HUSIKYAN v. MUKASEY, 255 Fed.Appx. 174 (9th Cir. 2007)
Narine HUSIKYAN, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent. No. 07-70304.United States Court of Appeals, Ninth Circuit.Submitted November 13, 2007[*] . Filed November 19, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] [*] The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2). CAC-District […]
SANZ v. RENTON AVIATION, INC., 511 F.2d 1027 (9th Cir. 1975)
DONNA SANZ, ADMINISTRATRIX OF THE ESTATE OF JACQUELINE KAUTZMAN, DECEASED, AND DEAN A. FISCHER, ADMINISTRATOR OF ESTATES OF DUANE G. FISCHER AND JUDITH FISCHER, DECEASED, PLAINTIFFS AND APPELLANTS, v. RENTON AVIATION, INC., AND PLEASURE FUND MANAGEMENT CO., INC., ET AL., DEFENDANTS AND APPELLEES, RALPH KAUTZMAN, EXECUTOR OF THE ESTATE OF MATTHEW L. KAUTZMAN, DECEASED, THIRD-PARTY […]
O’GUINN v. LOVELOCK, 502 F.3d 1056 (9th Cir. 2007)
Roy Alan O’GUINN, Plaintiff-Appellant, v. LOVELOCK CORRECTIONAL CENTER; Nevada Department of Corrections; Nevada Department of Corrections Medical Director; State of Nevada; Jackie Crawford; E.K. McDaniel, Defendants-Appellees. No. 06-15972.United States Court of Appeals, Ninth Circuit.Argued and Submitted May 16, 2007. Filed September 5, 2007. Page 1057 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]
GRANDDAD BREAD v. CONTINENTAL BAKING CO., 612 F.2d 1105 (9th Cir. 1979)
GRANDDAD BREAD, INC., A CORPORATION, PLAINTIFF-APPELLANT, v. CONTINENTAL BAKING CO., A CORPORATION, DEFENDANT-APPELLEE. No. 78-3698.United States Court of Appeals, Ninth Circuit. November 23, 1979. Rehearing Denied February 21, 1980. Page 1106 Charles R. Lonergan, Jr., Seattle, Wash., argued for plaintiff-appellant; Raymond H. Siderius, Siderius, Lonergan Crowley, Seattle, Wash., on the brief. E. Edward Bruce, Washington, […]