United States Ninth Circuit - November 2005 Opinion Summaries

US v. Lombera-Valdovinos

Criminal Law & Procedure, Immigration Law
Defendant's conviction for attempted illegal reentry is reversed where defendant lacked the requisite specific intent for the crime since defendant...

Padilla v. Lever

Civil Rights, Elections, Government Law
Section 203 of the Voting Rights Act applies to recall petitions circulated pursuant to California law, therefore dismissal of plaintiff's suit...

US v. Truckee-Carson Irrigation Dist.

Government Law, Indian Law, Water Law
In a case involving efforts by plaintiff, Pyramid Lake Paiute Tribe of Indians, to apply some of its water rights to instream use rather than...

Barroso v. Gonzales

Civil Procedure, Constitutional Law, Immigration Law
Where an alien files a timely motion to reconsider before his voluntary departure period has expired, his voluntary departure period is automatically...

In re Thomas

Bankruptcy Law, Evidence
Bankruptcy Appellate Panel decision reversing the bankruptcy court's finding that defendant had fraudulently transferred a condominium to his mother...

US v. Schneider

Criminal Law & Procedure, Sentencing, White Collar Crime
Defendant's sentence for theft of government money and Social Security fraud is remanded for resentencing pursuant to United States v. Ameline, 409...

Carbonell v. Immigration and Naturalization Serv.

Attorney's Fees, Habeas Corpus, Immigration Law, Remedies
Plaintiff in an immigration case is a prevailing party for the purpose of awarding attorneys' fees under the Equal Access to Justice Act where a...

Twentieth Century Fox v. Entertainment Distributing

Attorney's Fees, Contracts, Copyright, Corporation & Enterprise Law, Intellectual Property, Labor & Employment Law, Trademark
Judgment for plaintiff finding that defendant infringed protected copyrights involving Dwight Eisenhower's memoirs and the subsequent award of...

Miranda v. City of Cornelius

Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Law
Summary judgment for defendants on a Fourth Amendment challenge is reversed where the impoundment of plaintiffs' vehicle following a traffic violation...

US v. Howard

Constitutional Law, Criminal Law & Procedure
An order upholding a requirement that pretrial detainees making their first appearance before a magistrate judge wear leg shackles is reversed where...