Case law

United States v. Diego-Barrera

262 F. App'x 830 · Court of Appeals for the Ninth Circuit · Jan 7, 2008

We held that the record in the district court was insufficient to establish, by clear and unequivocal evidence, that the prior convictions had been based on all of the elements of a qualifying predicate offense. Id. … In that disposition, we stated: “Considered with the abstract of judg *832 ment, the narrow charge that Diego ‘did unlawfully possess for sale a controlled substance containing heroin’ establishes clearly and unequivocally

Mendez-Castro v. Mukasey

552 F.3d 975 · Court of Appeals for the Ninth Circuit · Jan 12, 2009

The petitioners’ first claim is therefore clearly colorable and we have jurisdiction to address it, so long as it satisfies the general requirement that a claim on appeal not be frivolous. … In any event, because our precedent clearly establishes that the “exceptional and extremely unusual hardship” standard is subjective, see, e.g., Martinez-Rosas, 424 F.3d at 930 , we need not resolve such potential conflict

Ashby v. City of Juneau

174 F. 737 · Court of Appeals for the Ninth Circuit · Jan 3, 1910

We think that the words “roads, streets and alleys” are used independently as within the public uses defined by the statute, and relate to properties clearly made the subjects of condemnation without further legislation of … The words “which may be authorized by Congress or other legislative authority of the district” qualify and limit the words “and all other public uses for the benefit,” etc., but do not relate to roads, streets, and alleys

United States v. Flennory

23 F. App'x 702 · Court of Appeals for the Ninth Circuit · Nov 15, 2001

district court’s determination that Flennory’s 1988 conviction is a predicate conviction pursuant to U.S .S.G. § 4B1.1 was not plain error because the language of California Penal Code § 211 (“Robbery”) and § 664 (“Attempts”) clearly … establishes that Flennory’s conduct constituted a crime of violence.

Dana Maddox v. City of Sandpoint

Court of Appeals for the Ninth Circuit · Jul 25, 2018

established constitutional right. … established’ law”).

Fed. Sec. L. Rep. P 96,516 United States of America v. David M. Carman

577 F.2d 556 · Court of Appeals for the Ninth Circuit · Jun 23, 1978

Even though the government did grant immunity to two of its own witnesses, Carman cannot claim that the refusal to grant immunity to Hoffe prejudiced his trial when he failed to call Hoffe to the stand to establish any need … Having failed to first establish a need for immunity, Carman's charge that the denial of immunity resulted in a suppression of evidence is not substantiated.

United States v. Ronald C. Smith, M.D., Robert Miltimore and Donald F. Mitchell

740 F.2d 734 · Court of Appeals for the Ninth Circuit · Aug 13, 1984

Dotterweich, 320 U.S. 277, 280 , 64 S.Ct. 134, 136 , 88 L.Ed. 48 (1943) (restricting scope of statute conferring immunity from adulteration and misbranding liability). See also United States v. … punishable as a principal. 3 . § 355 (i) The Secretary shall promulgate regulations for exempting from the operation of the foregoing subsections of this section drugs intended solely for investigational use by experts qualified

In Re: B.U.M. International, Inc. Debtor, Friedman Enterprises v. B.U.M. International, Inc.

229 F.3d 824 · Court of Appeals for the Ninth Circuit · Oct 13, 2000

The bankruptcy court also found that FE had failed to establish that its work on the sale motion was necessary or that it had conveyed a benefit to the estate. … Although in this case the record clearly indicates that the employment agreement was not unconditionally approved under § 328, for future reference, we point out that the better practice would be for a bankruptcy court to

Cardenas v. Anzai

311 F.3d 929 · Court of Appeals for the Ninth Circuit · Nov 18, 2002

barred by sovereign immunity under the Eleventh Amendment. … As explained by the Fourth Circuit, "[t]his provision permits a state to use `amounts recovered or paid ... for any expenditure', and does not qualify the term `amounts.'

Sanchez v. Holder

560 F.3d 1028 · Court of Appeals for the Ninth Circuit · Mar 26, 2009

Moreover, Congress has shown its willingness to override clearly and explicitly the basic definition of good moral character when it so desires. … We note that, even if the family unity inadmissibility waiver did apply in the cancellation of removal context, Sanchez would not qualify for the waiver under the plain language of its text.

Basiente v. Glickman

242 F.3d 1137 · Court of Appeals for the Ninth Circuit · Mar 19, 2001

These aliens residing in the CNMI are not “qualified aliens” under that exception. … We conclude that the plain language of the statute clearly expresses the intent of Congress.

United States v. Baza-Martinez

323 F. App'x 576 · Court of Appeals for the Ninth Circuit · Apr 23, 2009

Baza-Martinez contends that, at resen-tencing, the district court should not have evaluated whether his prior conviction qualified as a crime of violence under the Guidelines because we had already decided that issue. … Baza-Martinez next contends that the new evidence presented at resentencing did not clearly and unequivocally establish that his prior conviction was based on qualifying conduct. We disagree. See United States v.

Morongo Band of Mission Indians v. California State Board of Equalization

858 F.2d 1376 · Court of Appeals for the Ninth Circuit · Jun 14, 1988

As a result of the well-pleaded complaint rule, “few interpleader complaints have been found to qualify for federal question jurisdiction. … The tribe’s claim for declaratory relief was coupled with a claim for breach of contract and damages, over which we clearly had jurisdiction.

Samuel Song v. Bob Miller

42 F.3d 1402 · Court of Appeals for the Ninth Circuit · Nov 18, 1994

See Fed.R.Civ.P. 56(c). 5 Prison officials are entitled to qualified immunity in a Sec. 1983 action if their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would … entitled to qualified immunity.

Portland General Electric Co. v. Bonneville Power Administration

501 F.3d 1009 · Court of Appeals for the Ninth Circuit · May 3, 2007

In these two acts, Congress has clearly established three propositions: BPA’s general settlement authority is subject to the constraints of the Bonneville Project Act and the NWPA; whenever BPA exchanges power with a Pacific … Because Congress has clearly spoken to the issue at hand, we decline to afford BPA’s construction of § 2(f) Chevron deference.

Loveymae Galario v. Ayotunde Adewundmi

531 F. App'x 830 · Court of Appeals for the Ninth Circuit · Jun 24, 2013

Hawaii Child Protective Services (“CPS”) social worker Ayotunde Adewundmi appeals from the district court’s order denying him summary judgment on the ground of qualified immunity. … It was clearly established as of November 23, 2004—the date of J.K.G.’s removal—that this type of discrimination violates equal protection. See Flores v. Morgan Hill Unified Sch.

United States v. William Edward Jeffery

473 F.2d 268 · Court of Appeals for the Ninth Circuit · Feb 12, 1973

Fuller was questioned separately and, in exchange for immunity, revealed that he had hidden heroin in a construction area of the airport and that appellant was his crime partner. … The well-established rule in this Circuit is that “defenses not raised in district court will not be considered on appellate review.” Yeater v.

Clifton Terrell, Jr. v. C. Ducart

Court of Appeals for the Ninth Circuit · Jun 9, 2020

The district court properly granted summary judgment for defendant Abdullah on the basis of qualified immunity because it would not have been clear 2 … Callahan, 555 U.S. 223, 232 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”); Foster v.

Index Newspapers LLC v. United States Marshals Service

977 F.3d 817 · Court of Appeals for the Ninth Circuit · Oct 9, 2020

The district court found this expert qualified, credible, and persuasive. … We review the court’s findings for clear error, and for purposes of the Federal Defendants’ emergency motion, the Federal Defendants have not shown that they will likely establish the district court’s findings are clearly

Brad Chinn v. City of Spokane

429 F. App'x 673 · Court of Appeals for the Ninth Circuit · Apr 27, 2011

Moreover, even if defendant Verner were not entitled to absolute legislative immunity, because a judicial nominee’s First Amendment rights in the context of the legislative confirmation process are not clearly established … , I would alternatively hold that Mayor Verner is entitled to qualified immunity.