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United States Ninth Circuit - December 2003 Opinion Summaries

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Description Date Docket #

US v. PEYTON

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
The record does not rebut the presumption that the district judge acted vindictively by applying the two-level obstruction of justice enhancement on...
12/31/2003 02-50482

CARRILLO-GONZALEZ v. INS

United States Ninth Circuit
Immigration Law
Plaintiff's eligibility for a visa under the Diversity Immigration Visa Lottery Program expired long before the IJ denied her application for...
12/31/2003 02-71997

KEYSTONE LAND & DEV. CO. v. XEROX CORP.

United States Ninth Circuit
Contracts, Property Law & Real Estate
Summary judgment was properly granted to defendant on claim of breach of contract to sell a building, because evidence could not support a finding...
12/31/2003 02-35847

US v. JONES

United States Ninth Circuit
Criminal Law & Procedure
District court's refusal to provide written jury instructions did not constitute an abuse of discretion given the relative simplicity of the sexual...
12/30/2003 03-30078

US v. PETERSON

United States Ninth Circuit
Criminal Law & Procedure
SWAT team's "no-knock" entry of defendant's residence was not unreasonable under the Fourth Amendment, and did not violate 18 U.S.C. section 3109. The...
12/30/2003 03-30025

US v. GUTIERREZ-SILVA

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
District court did not abuse its discretion in setting a 65-month sentence, imposed consecutively with an unserved state term, for an alien's illegal...
12/30/2003 03-30016

THE WILDERNESS SOC'Y v. US FISH & WILDLIFE SERV.

United States Ninth Circuit
Environmental Law
A sockeye salmon enhancement project in the Kenai Wilderness is a commercial enterprise within a designated wilderness area and as such is...
12/30/2003 01-35266

LOMBARDO v. WARNER

United States Ninth Circuit
Constitutional Law
The Oregon Motorist Information Act, which prohibits many outdoor advertising signs, is a content-neutral time, place and manner restriction. It does...
12/29/2003 02-35269

US v. DE LA FUENTE

United States Ninth Circuit
Criminal Law & Procedure, Remedies
Defendant unsuccessfully appeals a restitution order issued pursuant to the Mandatory Victims Restitution Act.
12/29/2003 03-50056

MATTEL INC. v. WALKING MOUNTAIN PROD.

United States Ninth Circuit
Copyright, Intellectual Property, Trade Dress, Trademark
Artist's use of the copyrighted Barbie doll constitutes fair use; his works are highly transformative parodies with no discernible impact on...
12/29/2003 01-56695, 01-57193

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