Case law

United States v. Vasquez

287 F. App'x 610 · Court of Appeals for the Ninth Circuit · Jul 29, 2008

The government must “establish clearly and unequivocally [that] the [prior] conviction[s were] based on all of the elements of a qualifying predicate offense.” See United States v. … In this modified categorical approach, the district court may “examine documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.”

Coral Construction Co. v. King County

941 F.2d 910 · Court of Appeals for the Ninth Circuit · Aug 8, 1991

A valid MBE program should include a waiver system that accounts for both the availability of qualified MBEs and whether the qualified MBEs have suffered from the effects of past discrimination by the County or prime contractors … We are bound by prior decisions of our court unless the prior panel’s decision is “clearly inconsistent with subsequent Supreme Court decisions.” Sheehan v.

Kathryn Spletstoser v. John Hyten

44 F.4th 938 · Court of Appeals for the Ninth Circuit · Aug 11, 2022

The Federal Tort Claims Act (“FTCA”) created a broad waiver of the federal government’s sovereign immunity. The district court concluded that the doctrine established in Feres v. … Thus, we concluded that the “benefits accruing to plaintiff because of her status as a member of the military . . . clearly indicate that the activity was incident to military service.” Id.

United States v. Jerry Lee Morgan, Cross-Appellee

238 F.3d 1180 · Court of Appeals for the Ninth Circuit · Jan 31, 2001

Defendant’s argument establishes only that he disagrees with the district court’s assessment of the evidence. But we are reviewing for clear error, and the district court’s findings are not clearly erroneous. III. … That finding is not clearly erroneous.

Hoyle v. Ada County

501 F.3d 1053 · Court of Appeals for the Ninth Circuit · Aug 2, 2007

established federal law. … Idaho Code Ann. § 18-7803 (b), and that Hoyle Insurance qualified as an “enterprise.”

United States v. Arthur Ronald Decatur

430 F.2d 365 · Court of Appeals for the Ninth Circuit · Jul 20, 1970

After receiving reports of further relay box pilferage, Postal Inspectors Peterson, Dawes, and Collier established a “stake-out” behind the apartment complex. … Here, Inspector Peterson clearly had such knowledge.

Peter W. Hebert, M.D. And Patricia A. Hebert v. J.F. Fliegel, Jr.

813 F.2d 999 · Court of Appeals for the Ninth Circuit · Mar 27, 1987

We also find persuasive the fact that the Oregon legislature, while amending ORS 23.170 in both 1979 and 1985, 2 did not choose to amend the statute to clearly include self-funded pension plans. … Young’s letter does little to establish that intent.

Gilbertson v. Albright

381 F.3d 965 · Court of Appeals for the Ninth Circuit · Sep 3, 2004

Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (holding that the first step in qualified immunity analysis is to determine whether the conduct complained of violates the Constitution). … See Saucier, 533 U.S. at 200, 121 S.Ct. 2151 (holding that courts ruling on a qualified immunity issue must first determine whether a constitutional violation has occurred). 43 Applying the Middlesex factors, there is no

United States v. Andrew Lee Young

990 F.2d 469 · Court of Appeals for the Ninth Circuit · Mar 31, 1993

A defendant can qualify as a career offender if he or she is convicted of a felony that is a crime of violence and has two prior felony convictions for crimes of violence. U.S.S.G. § 4B1.1; United States v. … Clearly, then, the statutory definition of the crime does not contain as an element “the use, attempted use, or threatened use of physical force against the person of another.” U.S.S.G. § 4B1.2(l)(i).

Chris Rowenhorst v. Viola Mitchell Tracy L. Brown

981 F.2d 1259 · Court of Appeals for the Ninth Circuit · Dec 28, 1992

The district court dismissed the action on the grounds that Rowenhorst failed to allege either a violation of a clearly established constitutional right, or a claim sufficient to overcome the defendants' qualified immunity … "Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery." Mitchell v.

Smith v. Garland

103 F.4th 663 · Court of Appeals for the Ninth Circuit · Jun 3, 2024

It proffered Smith’s criminal judgment, the rap sheet, and the Form I-213 to prove his qualifying conviction. The IJ admitted all four of the challenged exhibits over Smith’s objections. … We therefore conclude that substantial evidence supports the agency’s determination that Smith does not qualify for CAT relief.

United States v. Susan Doris Phillips, A/K/A Cheryl Olson, A/K/A Susan Doris Herbst

606 F.2d 884 · Court of Appeals for the Ninth Circuit · Oct 17, 1979

Applying this standard, the false social security number and false birth date are clearly material, for a potential creditor evaluating the appellant’s credit application would be likely to make some investigation into her … But, as the very cases imposing the requirement made clear, materiality is readily established.

Ca 79-3180 Justin Rudelson, a Minor, Jordan Rudelson, a Minor, Each by Jolyn Rudelson Acting as Their Guardian Ad Litem and Jolyn Rudelson Individually, Plaintiffs- (Cross-Appellants) v. United States of America, (Cross-Appellee). Frances Aardema, Gregory Aardema and Gary Aardema v. United States of America, National Indemnity Company v. The United States of America

602 F.2d 1326 · Court of Appeals for the Ninth Circuit · Aug 23, 1979

That apportionment of fault, like the district judge's other comparative negligence calculations, was not clearly erroneous. … The government concedes, as it must, that California law clearly compels such a result. In American Motorcycle Ass'n v.

Nrdc v. James Perry

Court of Appeals for the Ninth Circuit · Oct 10, 2019

binding nature of these provisions: “The error correction rule prescribes a timeline under which DOE will submit a 2 DOE has made clear that the phrase “absent extenuating circumstances” in subsection (f)(3) qualifies … Indeed, in the one instance where the error-correction rule clearly does seek to describe what the agency anticipates will ordinarily occur, rather than to prescribe a required action, the rule says exactly that: “[T]he Secretary

Thomas Twiddy v. City of Healdsburg S. Brouchard, Officer Spotswood, Officer Steve Cox, Officer Rob Thiessen, Res Officer

104 F.3d 366 · Court of Appeals for the Ninth Circuit · Dec 20, 1996

We review de novo the district court's conclusion regarding defendants' entitlement to qualified immunity. See Act Up!/Portland v. … Bagley, 988 F.2d 868, 871 (9th Cir.1993). 4 In deciding the merits of a qualified immunity defense to "liability for Fourth Amendment violations, the district court must determine whether, in light of clearly established

Landi v. Phelps

740 F.2d 710 · Court of Appeals for the Ninth Circuit · Jul 3, 1984

The requirements for a preliminary injunction are well established in this circuit. A party seeking such relief must meet one of two tests. … In addition, it is clearly established that federal courts do not have exclusive jurisdiction over litigation involving property rights deriving from federal land patents. In Oneida Indian Nation of New York v.

Bruce Morgan v. United States

958 F.2d 950 · Court of Appeals for the Ninth Circuit · Mar 11, 1992

FLETCHER, Circuit Judge, dissenting: I write separately because, under well-established precedent in this Circuit, we lack jurisdiction to consider Morgan’s appeal. … Here, the district court concluded that Morgan lacked standing to invoke the expedited review procedures of section 7429(b) because he has never claimed ownership of the money found in his luggage and thus does not qualify

Arnold v. Runnels

Court of Appeals for the Ninth Circuit · Aug 24, 2005

established.’ ” Duhaime v. … [15] Because the state courts unreasonably applied Fifth Amendment law clearly established by the Supreme Court, and the error was not harmless, we reverse the decision of the district court.

League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Forsgren

309 F.3d 1181 · Court of Appeals for the Ninth Circuit · Nov 4, 2002

However, the administrative history of the regulation leaves no doubt that the qualifying phrase “from which there is natural runoff’ reaches back to qualify all the listed activities, including pest control. … In response to arguments that some of the activities at issue were not clearly point sources, the D.C.

Hemmings v. Tidyman's Inc.

285 F.3d 1174 · Court of Appeals for the Ninth Circuit · Apr 11, 2002

Whether the Management Data Set Included the Qualified Individuals. … black persons in the labor market (the qualified labor pool) with the percentage of qualified black persons hired in non-cannery positions (the pool actually hired).