The Ninth Circuit blog provides case summaries and commentary by federal defenders of the Ninth Circuit.
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In an en banc opinion, the Ninth last week delivered a watershed sentencing decision that will control all future sentencing appeals in the Circuit.(If the appeal involves recanting cooperating Algerian terrorists caught at the Canadian border). UnitedStates v. Ressam,2012 WL 762986 (9th Cir. Mar....
As a child I wished I could find a wayTo skip the joys of St. Patrick's Day:Chauvinism rampant and coercing green,To celebrate beer and Gaelic spleen.That merry robed Pat, with uplifted truncheon,He whacked scaly wildlife into extinction.But history forced me to change my view,To realize that I...
U.S. v. Del Toro-Barboza, No. 10-50487 (3-14-12) (Gould with Noonan and Ikuta).In an appeal from bulk cash smuggling in violation of 31 U.S.C. 5332 and exporting money under 31 U.S.C. 5324, the 9th affirms the conviction and sentence. The defendants were caught with $500,000 in a box in the bed of...
U.S. v. Ressam, No. 09-30000 (3-12-12) (en banc).Sitting en banc, the 9th considers the 22-year sentence imposed upon the so-called "Millennium Bomber" and holds that it has "a definite and firm conviction" that the district court committed "clear error" in its sentence, and thus the sentence was...
"The government's argument [on appeal] is disingenuous."Expect good things to follow, when the analysis of an AUSA'sbreach of a plea agreement begins with that blunt assessment. United States v.Whitney, 2012 WL 718483, *4 (9th Cir. Mar. 7, 2012), decision available here.Players: Decision by...
U.S. v. Whitney, No. 10-10118 (3-7-12) (Reinhardt with B. Fletcher and Tashima).A deal was struck between the government and the defendant. At sentencing, the prosecutor breached explicitly and implicitly some provisions. Specifically, the prosecutor disclosed information in a debriefing that was...
A defendant is convinced he can kill his attorney from heaven, that defense counsel forged a legal treatise on a computer and re-attached the book's cover as part of a conspiracy for conviction, and is inexplicably fixated on an insignificant event that took place with a sheriff's deputy years...
U.S. v. Bolivar, No. 11-30055 (2-29-12) (Graber with Tashima and Rawlinson).The probation officer searched a probationer's apartment. Nothing unusual there. In looking through a closet, though, filled with clothing of the boyfriend, a backpack was seen. Inside was a sawed off shotgun that belonged...