| Daily Opinion Summaries U.S. 9th Circuit Court of Appeals | | | April 15, 2011 FindLaw.com Daily Opinion Summaries Newsletter | Table of Contents LATEST SUMMARIES Administrative Law, Immigration Law • Castro-Martinez v. Holder Criminal Law & Procedure, Sentencing • US v. Tucker Constitutional Law, Civil Procedure, Civil Rights • Florer v. Congregation Pidyon Shevuyim, N.A. Contract Chaplaincy View FindLaw's new Case Summary Blog for U.S. 9th Circuit Court of Appeals. FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this e-mail in its entirety. To view the full-text of cases you must sign in to FindLaw.com. LATEST SUMMARIES Administrative Law, Immigration Law Castro-Martinez v. Holder, No. 08-70343 In a petition for review of a BIA order denying applications of petitioner, a Mexican native and citizen, for asylum, withholding of removal, and relief under the CAT is denied because petitioner failed to demonstrate past persecution or a well-founded fear of future persecution on account of his homosexuality or HIV-positive status where abuse petitioner suffered was not inflicted by government actors. Read more... Criminal Law & Procedure, Sentencing US v. Tucker, No. 09-10319 Conviction and sentencing of defendant for being a felon in possession of a firearm, 18 U.S.C. section 922(g)(1), is upheld because: 1) sufficient evidence supported mens rea element of charge; 2) reasonable inferences drawn from trial evidence by prosecutor and summation comments that defendant lied does not give way to misconduct; 3) district court properly refused to give a mere presence jury instruction; 4) the district court properly calculated the sentence; and 5) the sentence was not substantively unreasonable. Read more... Constitutional Law, Civil Procedure, Civil Rights Florer v. Congregation Pidyon Shevuyim, N.A. Contract Chaplaincy, No. 07-35866 In a 42 U.S.C. section 1983 and Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) action by plaintiff-prisoner alleging that defendants violated his constitutional rights when, on the basis that they did not consider him to be Jewish, they declined his requests for a Torah, a Jewish calendar, and a rabbi visit, summary judgment in favor of the defendants is affirmed because defendants were not state actors. Read more... Feedback We value your comments! Please take a moment to tell us what you think by sending us an e-mail. | Subscription Information Click here to subscribe to a FindLaw Newsletter. To unsubscribe, click here. | Advertising Information For more information about advertising in FindLaw Newsletters, click here. | | 800 W. California Ave., Sunnyvale, CA 94086 | | | |
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