Ninth Circuit Blog: Federal Judiciary

Home -> Law Blog Directory -> Federal Judiciary Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Federal Judiciary

Ninth Circuit Blog

Case Summaries and Commentary by Federal Defenders of the Ninth Circuit

Post Frequency: 1.3/day

Last Entry: November 01, 2020 at 14:48:00

U.S. v. Maness, No. 06-30607 (5-19-09).

Posted on May 21, 2009
U.S. v. Maness, No. 06-30607 (5-19-09). The 9th considers the issue of self representation at re-sentencing. The court should have allowed the defendant to represent himself at the re-sentencing. This was error. However, the 9th distinguishes between a structural error for the right to self-representation at the trial stage and at sentencing...

Case o' The Week: Like Nigel's "Up to 11" -- Alderman and the "Fourth Category" Of Commerce Clause Power

Posted on May 18, 2009
Congress criminalized the possession of body armor by "violent felons." See 18 USC § 931. Within which of Supreme Court's three categories of federal Commerce Clause power does this statute fall?Trick question -- turns out that the body armor statute is authorized by that that elusive "fourth" category of Commerce Clause power, explains the Ninth in a disappointing decision (sparking a powerful Paez dissent)...

U.S. v. Nguyen, No. 07-30197 (5-15-09).

Posted on May 15, 2009
U.S. v. Nguyen, No. 07-30197 (5-15-09). Crawford and confrontation are issues in this appeal involving conspiracy to transport stolen property, transportation of the property, and conspiracy for money laundering. The offenses arose from a scheme to misbrand ultrasound probes and to defraud the supplier...

U.S. v. Alderman, No. 07-30186

Posted on May 12, 2009
U.S. v. Alderman, No. 07-30186 (5-12-09). The 9th holds that the sale of body armor in interstate commerce creates a sufficient nexus between possessing the body armor and commerce to allow for congressional commerce clause authority. The majority (McKeown joined by B...

To access this complete feed in the blog feed reader login or register for free.

Case o' The Week: Shutting the Door on "Opening the Door," Osazuwa and FRE 608 and 609

Posted on May 11, 2009
Judge Graber (left) explains a new Ninth Circuit rule on the use of specific acts of conduct to impeach, in a great case untangling the interplay of Federal Rules of Evidence 608 and 609. United States v. Osazuwa,__ F.3d __, No. 08-50244, 2009 WL 1232107 (9th Cir...

U.S. v. Osazuwa, No. 08-50244 (5-7-09).

Posted on May 07, 2009
U.S. v. Osazuwa, No. 08-50244 (5-7-09). This is an interesting opinion concerning the interplay between FRE 608 (specific instances of untruthfulness) and FRE 609 (prior convictions). That is, can the facts underlying 609 be used as instances in 608...

King v. Ryan, No. 06-55858 (5-5-09).

Posted on May 06, 2009
King v. Ryan, No. 06-55858 (5-5-09). In habeas, the 9th deals with stays-and-abeyances of unexhausted claims (the so-called Kelly procedure). The 9th (Berzon joined by Hawkins and Clifton) concludes that Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002) survives Rhines v...

Case o' The Week: Jx, but Nixed: Godinez-Ortiz and "Dangerousness" Evaluations under 18 USC Section 4246

Posted on May 04, 2009
Judge Steven Trott (left) has the defense singing the blues in a case delivering the battle to the hard-fighting San Diego Defenders, but ceding the war to the government in a Section 4246 "dangerousness" case. United States v. Godinez-Ortiz,__ F.3d __, No...

U.S. v. Godinez-Ortiz, No. 08-50337

Posted on May 04, 2009
U.S. v. Godinez-Ortiz, No. 08-50337 (4-29-09). The 9th (Trott, Kleinfeld, Fisher) uphold the court's authority to send a defendant found incompetent, and nonrestorable, back to FCI-Butner for a dangerousness evaluation under 4246. The 9th did grant the interlocutory appeal of the order, finding that it evades review, and the issue presented will be resolved...

Case o' The Week: Breaking Up is Hard to Do, Mendez-Sanchez

Posted on April 25, 2009
Appointed counsel -- be it CJA or FPD -- are getting fired in droves in the N.D. Cal., thanks to the "priors" policy of United States Attorney Joe Russoniello (left). Perfect timing for a new decision by the Ninth, discussing Faretta motions and motions for new counsel: now-frequent fare for the N...

U.S. v. Mendez-Sanchez, No. 08-30044

Posted on April 24, 2009
U.S. v. Mendez-Sanchez, No. 08-30044 (4-23-09). Faretta vs preference for a different lawyer? Here, the defense counsel had a difficult relationship with the defendant facing drug charges: the defendant insisted there was no evidence because there were no photos of the drug dealing, and focused on trivial discrepancies (such as a date being crossed out on the warrant and initialed)...

McKnight v. Torres, No. 08-55459

Posted on April 22, 2009
McKnight v. Torres, No. 08-55459 (4-20-09). Can a plea agreement be lost in translation? The defendant entered into a plea agreement with the US Atty regarding ecstasy trafficking. The defendant was also wanted by the French, and France requested extradition...

U.S. v. Felix, No. 07-50173 (4-13-09).

Posted on April 20, 2009
U.S. v. Felix, No. 07-50173 (4-13-09). One criminal history point. That is what this appeal is about. And that one point separated the defendant from getting relief by the opening of the safety valve. Proof of the point was a computer print-out. The 9th first held that the appeal was not waived even though the plea agreement had waiver language because the district court had twice told defendant he could appeal, and the government did not object...

Case o' The Week: Brown Blues, Ninth Broadens Co-Occupant Consent Searches

Posted on April 18, 2009
Handcuff a suspect at gunpoint outside of his house, throw him in a police car, whisk him away, never ask him if he consents to a search of his residence, and get another ('cuffed) occupant of the home to consent to a search.Surely, this is not valid Fourth Amendment "consent" to a warrantless search?It is is in the Ninth...

Case o' The Week: Defense shanked by Styrofoam "knife," Malik Smith

Posted on April 12, 2009
A slow week in the Ninth for criminal decisions lets us stretch back a bit and discuss what may be one of Judge Michael Hawkins' (left) last en banc decisions: United States v. Malik Smith, No. 05-50375, 2009 WL 750279 (9th Cir. Mar. 24, 2009), decision available here...

Case o' The Week: Peanuts for Carter, Post-Booker Sentencing Review in the Ninth

Posted on April 05, 2009
Post-Booker appellate review of sentencing is an "empty formality," complains dissenting Judge Tashima in a decision that reveals where the Apprendi revolution fell short. United States v. Carter,__ F.3d __, No. 05-50303, 2009 WL 805801 (9th Cir. Mar...

U.S. v. Paul, No. 08-30125 (4-2-09).

Posted on April 02, 2009
U.S. v. Paul, No. 08-30125 (4-2-09). The defendant had embezzled some federal funds: it was her first offense, she returned the funds, she apologized profusely before charges were filed, and she explained that she had taken the funds because she felt, wrongly, that it was compensation for work she had done for the school district...

COTW: Fewer "Fools for a Client," Ferguson, Faretta, and Self-Representation

Posted on March 30, 2009
Not crazy enough to be declared incompetent to face criminal charges, but too wacky to defend oneself at trial? The Ninth recites the new Supreme Court standard for this too-frequent situation, in United States v. Ferguson, No. 07-50096, 2009 WL 792485 (9th Cir...

U.S. v. Bassignani, No. 07-10453

Posted on March 30, 2009
U.S. v. Bassignani, No. 07-10453 (3-25-09). Defendant was suspected of getting child porn on his office computer. The investigators went to his place of work, and questioned him for over two hours in an office conference room. The question for the 9th was whether this was "in custody" because no Miranda warnings were given...

U.S. v. Gutierrez-Sanchez, No.

Posted on March 24, 2009
U.S. v. Gutierrez-Sanchez, No. 08-50254 (3-23-09). Beware what you plead to. The defendant here was apprehended illegally in this country. Under a fast-track plea, he plead to making a false statement (1001), with a government recommendation to 9 months...

Case o' The Week: Potato Driggers, J/x, Mens Rea, and Jury Instructions

Posted on March 22, 2009
The defense wins on the jurisdictional hook in federal jury instructions, and the relation of that jurisdictional element to the mens rea requirement. United States v, Driggers,__ F.3d __, No. 07-31090, 2009 WL 692003 (9th Cir. March 18, 2009), decision available here...

U.S. v. Driggers, No. 07-30190

Posted on March 20, 2009
U.S. v. Driggers, No. 07-30190 (3-18-09). Defendant appealed his conviction for murder for hire, 18 U.S.C. 1958, and the 9th considered the issue of the jury instruction. The defendant had asked the hiree to come to Idaho to murder his ex-wife. The hiree crossed state lines...

Case o' The Week: Fish-er Cut Bait on the Fourth? Ninth Guts Warrant Requirement for Exigency Cases

Posted on March 15, 2009
Writing for the majority in a very disappointing en banc decision, Judge Tallman (right) holds that a situation creating exigent circumstances -- once underway and if still on-going -- obviates the need for an arrest warrant, even if there is ample time and opportunity to get the warrant...

U.S. v. Hilgers, No. 08-30078 (3-11-09).

Posted on March 11, 2009
U.S. v. Hilgers, No. 08-30078 (3-11-09). The 9th affirms an above-guidelines sentence as reasonable. The offense was mortgage fraud, and the defendant manipulated lendees and lenders as a mortgage broker. His guidelines were 33 to 41 months. The PSR painted an unflattering portrait of a manipulator, and questioned his sincerity...

Case 'o the Week: Ninth Heavy Hahn-ded on Rule 32(h) Notice Requirements

Posted on March 09, 2009
Does a defendant have the right to know they're going to get hammered, before the gavel falls? In a disappointing decision, a per curiam panel of the Ninth holds that briefing and arguing a departure issue is enough "notice" under Federal Rule of Criminal Procedure 32(h) to permit an upward departure -- even if the district court hasn't given notice of its intent to do so...

U.S. v. Boulware, No. 05-10752

Posted on March 09, 2009
U.S. v. Boulware, No. 05-10752 (3-9-09). The 9th affirms the district court's holding that the defendant failed to make a sufficient showing of proof to support a "return of capital" defense in a tax prosecution.U.S. v. McFall, No. 07-10034 (3-9-09)...

U.S. v. Hahn, No. 07-30324 (3-4-09).

Posted on March 06, 2009
U.S. v. Hahn, No. 07-30324 (3-4-09). The defendant was serving a state sentence when he was convicted of being a felon in possession. At sentencing, the parties argued in memos about whether the sentence should run consecutive, or concurrently, or whether a departure was called for under 5G1...

Posted on March 03, 2009

Case o' The Week: Panel Finds Assault Issue Aggravating, Esparza-Herrera

Posted on March 01, 2009

Posted on February 27, 2009

Previous | Next

Related Law Bulletins

2d Circuit Hears Oral Arguments In Muslim Border-Search Case
Yesterday, the U.S. Second Circuit Court of Appeals heard oral arg...

10th Circuit Rules Largely In Favor of Summum "7 Aphorisms" Monuments
In decisions yesterday, the U.S. 10th Circuit Court of Appeals dea...

Hague Abduction: New 6th Circuit Case on Grave Risk of Harm
The U.S. Court of Appeals for the Sixth Circuit has issued a hi...

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...