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United States Ninth Circuit - Opinion Summaries

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Description Date Docket #

US v. SHUMATE

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
An Oregon drug conviction for solicitation was a felonious controlled substance offense under U.S.S.G. section 4B1.1, for purposes of a finding that...
05/20/2003 01-50610

BOISE CASCADE CORP. v. US

United States Ninth Circuit
Corporation & Enterprise Law, Labor & Employment Law, Securities Law, Tax Law
Payments made by a corporation to redeem stock held by its Employee Stock Ownership Plan were deductible as dividends paid pursuant to 26 U.S.C....
05/20/2003 01-36086

JENKINS v. JOHNSON

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
A federal habeas petitioner's state-court petition for post-conviction was "properly filed" under the Antiterrorism and Effective Death Penalty Act's...
05/20/2003 99-36194

US v. ODOM

United States Ninth Circuit
Criminal Law & Procedure
A bank robber with a concealed gun, who never mentions or insinuates having one but displays it inadvertently, cannot be convicted for armed bank...
05/20/2003 98-50330

US v. INOCENCIO

United States Ninth Circuit
Civil Procedure, Criminal Law & Procedure, Immigration Law
A judgment revoking naturalization pursuant to 8 U.S.C. section 1451(e), as a consequence of a conviction for naturalization fraud, is affirmed as the...
05/19/2003 02-10288

BINGHAM v. CITY OF MANHATTAN BEACH

United States Ninth Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure
An unlawful traffic stop, even if not racially-motivated, may give rise to a 42 U.S.C. section 1983 claim, and a police officer was not entitled to...
05/19/2003 01-56044/56086

POTTENGER v. POTLATCH CORP.

United States Ninth Circuit
Civil Rights, Injury & Tort Law, Labor & Employment Law
An Age Discrimination in Employment Act claim alleging forced retirement were not actionable where plaintiff's evidence of pretext did not refute...
05/19/2003 02-35235

US v. MORALES

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
The district court did not have jurisdiction to modify or vacate a sentence imposing a fine on a former IRS agent after convictions for acceptance of...
05/16/2003 02-50154

LOWRY v. BARNHART

United States Ninth Circuit
Administrative Law, Ethics & Professional Responsibility, Government Benefits
A lawyer who frequently represents social security claimants could not bring a writ of mandamus to have an Administrative Law Judge investigated and...
05/16/2003 01-35775

BRASS v. COUNTY OF LOS ANGELES

United States Ninth Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure
A county did not violate 42 U.S.C. section 1983 by continuing plaintiff's incarceration for 39 hours after a state trial judge had ordered him...
05/15/2003 01-57249

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