Table of Contents LATEST SUMMARIES Criminal Law & Procedure, Sentencing, Evidence
• US v. Ewing
Criminal Law & Procedure, Sentencing, Immigration Law
• US v. Delgado-Ramos
Administrative Law, Civil Procedure, Environmental Law, Government Law, Property Law & Real Estate
• Gardner v. US Bureau of Land Management
Criminal Law & Procedure, Sentencing, Evidence
• US v. Greer
Administrative Law, Civil Procedure, Environmental Law, Water Law
• Karuk Tribe v. US Forestry Serv.
Administrative Law, Constitutional Law, Immigration Law
• Gonzalez-Medina v. Holder
Civil Procedure, Immigration Law
• Reyes-Torres v. Holder
Civil Procedure, Injury & Tort Law
• Gutierrez v. Advanced Med. Optics, Inc.
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LATEST SUMMARIES Criminal Law & Procedure, Sentencing, Evidence
US v. Ewing, No. 10-50131
Conviction and sentencing of defendant for counterfeiting currency and the possession of counterfeit currency with the intent to use, 18 U.S.C. sections 471 and 474, is upheld where a warrantless search of a car in which defendant was a passenger was not a constitutional breach since taken on the whole, several interrelated factors converged to create a fair probability that the search would yield evidence of a crime. Read more... Criminal Law & Procedure, Sentencing, Immigration Law
US v. Delgado-Ramos, No. 09-50580
Conviction and sentencing of defendant for attempted entry after deportation, 8 U.S.C. section 1326(a)-(b), is affirmed where failure of district court to inform him of the immigration consequences of his plea during his plea colloquy was not prejudicial error because even where Padilla v. Kentucky has overruled Circuit precedent, the decision does not undercut the theory or reasoning underlying Amador-Lea so as to afford the defendant a remand. Read more...
Administrative Law, Civil Procedure, Environmental Law, Government Law, Property Law & Real Estate
Gardner v. US Bureau of Land Management, No. 09-35647
In action for declaratory and injunctive relief to compel the defendant to prohibit off-road vehicle use on a mountain trail under its care, summary judgment in favor of defendant is affirmed because the defendant was not required to make a finding that the use of off-road vehicle caused considerable adverse effects to trail and where denial of petition on the matter by defendant was not arbitrary and capricious. Read more... Criminal Law & Procedure, Sentencing, Evidence
US v. Greer, No. 09-10095
Conviction and sentencing of defendant under the Hobbs Act, 18 U.S.C. section 1951-1952, is upheld where: 1) a deficient mens rea jury instruction was not plain error nor did it negate specific extortion instruction; and 2) comments on the veracity of adverse witnesses by defendant did not constitute reversible error. Read more... Administrative Law, Civil Procedure, Environmental Law, Water Law
Karuk Tribe v. US Forestry Serv., No. 05-16801
In a dispute brought by a tribe involving mining in the Klamath River and alleging violations of Section 7 of the Endangered Species Act (ESA), 16 U.S.C. section 1536(a)(2), summary judgment by district court that a decision permitting a mining operation to proceed on the sole basis of a Notice of Intent (NOI) is affirmed because the NOI process does not constitute an agency action as defined under the ESA, such that an interagency consultation is mandatory. Read more... Administrative Law, Constitutional Law, Immigration Law
Gonzalez-Medina v. Holder, No. 10-70913
In a petition for review of an order of the BIA affirming final order of removal of petitioner, a native and citizen of Mexico, petition is denied because applying the one-year filing deadline to asylum application does not violate the Equal Protection Clause, and domestic abuse that occurs in the United States does not constitute past persecution. Read more... Civil Procedure, Immigration Law
Reyes-Torres v. Holder, No. 08-74452
In a petition for review involving whether the BIA has jurisdiction to review a motion to reconsider and reopen submitted after the petitioner, a native and citizen of Mexico, has been involuntarily removed, petition is granted because the BIA has such jurisdiction. Read more... Civil Procedure, Injury & Tort Law
Gutierrez v. Advanced Med. Optics, Inc., No. 09-55860
In a tort and injury action alleging medical negligence, dismissal by district court on forum non conveniens grounds is reversed because while, based on the initial evidence before it, the court did not err in its analysis, an intervening denial of jurisdiction by Mexican courts compels a remand for reconsideration. Read more...
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