Friday, April 15, 2011

Daily Opinion Summaries for U.S. 9th Circuit Court of Appeals - 04/15/2011

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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

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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...

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