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United States Ninth Circuit - Opinion Summaries

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Description Date Docket #

CLICKS BILLIARDS INC. v. SIXSHOOTERS INC.

United States Ninth Circuit
Intellectual Property, Trade Dress
Even though many arbitrary elements, considered in isolation, may be functional, if the particular integration of elements leaves a multitude of...
06/01/2001 99-17294

US v. KENTZ

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
The district court may enhance a sentence for an offense committed while under a pretrial release order without warning the defendant that committing...
06/01/2001 00-50186

US v. CAPERNA

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
A district court may not depart from an applicable guidelines range on the basis of sentence disparity among co-defendants under 18 USC 3553(b) unless...
06/01/2001 00-30149

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

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