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United States Ninth Circuit - May 2001 Opinion Summaries

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Description Date Docket #

US v. HERNANDEZ

United States Ninth Circuit

Fed. R. Crim. P. 32 does not require notice prior to the sentencing hearing that the district court intends to depart upward, so counsel must request...
05/31/2001 00-50220

US v. ARLT

United States Ninth Circuit
Criminal Law & Procedure
The specific offense designated as the object of the conspiracy in a general conspiracy indictment constitutes an element of the offense so that...
05/31/2001 97-50588

PAC. COAST FED'N OF FISHERMAN'S ASSOCS., INC. v. NAT'L MARINE FISHERIES SERV.

United States Ninth Circuit
Environmental Law
While the watershed is the appropriate level for determining Aquatic Convservation Strategy consistency, the NMFS must consider the cumulative effect...
05/31/2001 99-36027; 99-36195

PATTERSON v. STEWART

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Federal Rule of Civil Procedure 6(a), the general rule for counting time in federal courts, applies to the calculation of the statute of limitations...
05/30/2001 00-15034

HAWKINS v. COMPARET-CASSANI

United States Ninth Circuit
Criminal Law & Procedure
Sheriffs may use stun belts on criminal defendants if defendants present a risk to courtroom security, but not if a defendant is merely disruptive.
05/30/2001 99-55187

GONZALEZ-CABALLERO v. MENA

United States Ninth Circuit
Family Law, International Law
Under the Hague Convention, a parent's post-removal conduct does not alter or rescind consent to permament removal of the child by the parent to...
05/30/2001 00-15822

PATRICKSON v. DOLE FOOD CO., INC.

United States Ninth Circuit
Civil Procedure
Federal courts may not assert jurisdiction under the Foreign Soveriegn Immunities Act, 28 USC 1330, or as a federal question, 28 USC 1331, simply...
05/30/2001 99-16524; 99-16770

US v. FUENTES

United States Ninth Circuit
Criminal Law & Procedure, Immigration Law
An indictment for the attempt to reenter the United States following deportation under 8 USC 1326 must contain an allegation of specific intent.
05/29/2001 00-50524

JOHNSON v. PARADISE VALLEY UNIFIED SCH. DIST.

United States Ninth Circuit
Labor & Employment Law
Evidence that supervisor refused to process fired employee's application for reemployment numerous times after severe leg injury where employee stated...
05/24/2001 99-17530

FENNER v. US PAROLE COMM'N

United States Ninth Circuit
Criminal Law & Procedure
Court order that reduces term of prisoner's custody but makes no reference to original sentence's parole term does not eliminate the parole term where...
05/23/2001 00-15074

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