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United States Ninth Circuit - January 2004 Opinion Summaries

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Description Date Docket #
IN RE OLSHAN
United States Ninth Circuit
Bankruptcy Law, Tax Law 
Bankruptcy court erred in rejecting the IRS' claims for unreported nonbusiness income and overstated business deductions after finding that the IRS'... 		01/28/2004 02-56792
US v. CHRISTIAN
United States Ninth Circuit
Criminal Law & Procedure 
Police are not precluded from demanding a suspect's identification during an investigatory stop so long as the request is reasonably related to the... 		01/28/2004 02-30185
JOHNSON v. W.L. GORE & ASSOCS., INC.
United States Ninth Circuit
ERISA, Labor & Employment Law 
The long-standing "elapsed-time method" of calculation does not violate ERISA's vesting and benefit accrual requirements; defendant employer violated... 		01/28/2004 02-17094
US v. HERNANDEZ-VERMUDEZ
United States Ninth Circuit
Criminal Law & Procedure, Immigration Law 
An illegal alien who enters this country without inspection and commits an aggravated felony is subject to administrative removal pursuant to 8 U.S.C.... 		01/26/2004 03-50160
US v. WILLIAMS
United States Ninth Circuit
Criminal Law & Procedure, Sentencing 
Before a supervised release condition of mandatory medication can be imposed at sentencing, the district court must make on-the-record, medically... 		01/26/2004 02-30209
US v. PEDROZA
United States Ninth Circuit
Criminal Law & Procedure, Sentencing 
Criminal Law & Procedure, Sentencing 		01/26/2004 02-30294
CAZAREZ-GUTIERREZ v. ASHCROFT
United States Ninth Circuit
Criminal Law & Procedure, Immigration Law 
A state drug offense is not an aggravated felony for immigration purposes unless it is punishable as a felony under the Controlled Substances Act or... 		01/26/2004 02-72978
US v. THOMAS
United States Ninth Circuit
Criminal Law & Procedure, Sentencing 
Defendant's drug sentence is vacated and remanded. His guilty plea did not encompass the quantity allegation in the indictment; he neither admitted to... 		01/26/2004 02-10409
SMITH v. PACIFIC PROPS. & DEV. CORP.
United States Ninth Circuit
Civil Procedure, Landlord Tenant Law, Property Law & Real Estate 
A disabled person seeking to enforce rights created by section 3604(f)(2) of the Fair Housing Amendments Act need not have an interest in actually... 		01/26/2004 03-15656
EDWARDS v. MARIN PARK, INC.
United States Ninth Circuit
Civil Procedure, Landlord Tenant Law, Property Law & Real Estate 
A plaintiff may not be sanctioned for declining the opportunity to amend her complaint. Dismissal of plaintiff's prima facie Fair Housing Act... 		01/26/2004 02-16820

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