Daily Opinion Summaries for U.S. 9th Circuit Court of Appeals - 06/02/2011

Daily Opinion Summaries U.S. 9th Circuit Court of Appeals June 02, 2011 FindLaw.com Daily Opinion Summaries Newsletter Quick Links Cases & Codes Careers LawBrain Legal Market Center Lawyer Directory Lawyer Marketing Table of Contents LATEST SUMMARIES Injury & Tort Law, Contracts, Contracts, Civil Procedure, Labor & Employment Law, Military Law • Jackson v. Tate Habeas Corpus, Sentencing, Habeas Corpus, Sentencing, Criminal Law & Procedure • US v. Buckles Sentencing, Criminal Law & Procedure • US v. Baptist Sentencing, Criminal Law & Procedure, Sentencing, Criminal Law & Procedure • US v. Rodriguez-Castro Get free FindLaw Case Law Feeds - Auto Notifications From 80+ Courts! 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. SPONSOR LATEST SUMMARIES Injury & Tort Law, Contracts, Contracts, Civil Procedure, Labor & Employment Law, Military Law Jackson v. Tate, No. 10-35355 In an action involving a claim by the plaintiff that National Guard recruiters forged his signature on re-enlistment papers, judgment of the district court dismissing complaint for lack of subject matter jurisdiction is reversed because the Feres doctrine does not bar a discharged serviceman, who remains in the Individual Ready Reserve, from suing active duty National Guard recruiters and where the recruiters meet the prima facie test as federal employees under the Westfall Act. Read more... Habeas Corpus, Sentencing, Habeas Corpus, Sentencing, Criminal Law & Procedure US v. Buckles, No. 08-36031 Dismissal of defendant's section 2255 motion as untimely is reversed where: 1) an order recalling a judicial mandate did not restart the clock for purposes of petitioning for certiorari and therefore petition for certiorari and, in turn, section 2255 motion, were untimely; but 2) defendant's contention that clerk provided him with inaccurate advice, if true, entitles defendant to equitable tolling. Read more... SPONSOR Sentencing, Criminal Law & Procedure US v. Baptist, No. 09-50315 Sentencing of defendant to a statutorily mandated, five-year minimum sentence following his guilty plea to conspiracy to possess crack cocaine with intent to distribute, and distribution of at least five grams of crack cocaine, 21 U.S.C.sections 846 and 841(a)(1), is affirmed where the Fair Sentencing Act (Act) does not apply to ameliorate defendant's sentence because the Act does not have retroactive application. Read more... Sentencing, Criminal Law & Procedure, Sentencing, Criminal Law & Procedure US v. Rodriguez-Castro, No. 10-50273 Sentencing of defendant to 57 months imprisonment on a plea conviction of importing 33.46 kilograms of cocaine, 21 U.S.C. sections 952 and 960, is affirmed where district court's judgment declining to decrease the base offense level, as recommended by the plea agreement he had entered into with the government, on the grounds that the defendant was not a minor participant was not clearly erroneous nor an abuse of discretion. Read more... SPONSOR 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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