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United States Ninth Circuit - Opinion Summaries

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Description Date Docket #

US v. CHAVARIA-ANGEL

United States Ninth Circuit
Civil Procedure, Criminal Law & Procedure, Sentencing
District court's reliance on uncertified court records to establish the nature of prior offenses in sentencing proceedings was not improper, as...
03/26/2003 01-10616

ORTIZ-SANDOVAL v. CLARKE

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
A habeas petition will be treated as a re-filing of an earlier claim rather than a "second or successive" petition under 28 U.S.C. section 2244(b),...
03/25/2003 02-15291

US v. GARCIA

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
U.S.S.G. Chapter 7 ranges are advisory, not binding on a sentencing judge, and the court is not required to provide notice before departing upward...
03/25/2003 02-50069

US v. DOE

United States Ninth Circuit
Criminal Law & Procedure, Indian Law, Juvenile Law
The speedy trial standard of 18 U.S.C. section 5036 was violated because a juvenile Indian was not tried within thirty days after his certification...
03/25/2003 02-10170

SYNERGY STAFFING, INC. v. US INTERNAL REVENUE SERV.

United States Ninth Circuit
Administrative Law, Tax Law
A taxpayer's claim was sufficient to put the IRS on notice of the nature of a claim for entitlement to abatement of late-payment penalties.
03/24/2003 01-55933

US v. DANIELSON

United States Ninth Circuit
Criminal Law & Procedure, Ethics & Professional Responsibility
In a claim that the government violated defendant's Sixth Amendment right to counsel through deliberate interference with his attorney-client...
03/24/2003 01-30151/30176

KILDARE v. SAENZ

United States Ninth Circuit
Administrative Law, Civil Procedure, Class Actions, Government Benefits
Dismissal of a class action suit, alleging California state officials systematically disregarded federal regulations in initially evaluating certain...
03/24/2003 01-17464

A-Z INT'L v. PHILLIPS

United States Ninth Circuit
Admiralty, Civil Procedure, Labor & Employment Law, Sanctions, Workers' Compensation
Section 927(b) of the Longshore and Harbor Workers' Compensation Act does not afford a federal district court subject matter jurisdiction to sanction...
03/21/2003 01-56689

DIRUZZA v. COUNTY OF TEHAMA

United States Ninth Circuit
Civil Procedure
The holding of a California trial court had a collateral estoppel effect that precludes plaintiff from continuing to pursue her action in federal...
03/21/2003 01-17461

US v. MCCOY

United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure
18 U.S.C. section 2252(a)(4)(B), prohibiting possession of certain child pornography, is unconstitutional as applied to simple intrastate possession...
03/20/2003 01-50495

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