Justia U.S. 9th Circuit Court of Appeals Opinion Summaries

Defendant appealed from the district court's denial of his motion to dismiss the indictment based on the Speedy Trial Act, 18 U.S.C. 3161, 3162, and the use of a two-level sentencing enhancement for use of a computer. The court held that defendant waived his right to appeal the denial of his motion to dismiss; the trial court committed no error in enhancing defendant's sentence for use of a computer; and therefore, the district court's judgment was affirmed. View "United States v. Jackson" on Justia Law

Defendant appealed the district court's denial of his requests to limit the courtroom presence of a law enforcement officer who was the prosecution's main witness. Defendant argued that the district court abused its discretion and denied him due process by declining to exclude the officer from the courtroom, by allowing the officer to sit at the prosecution's table, and by declining to require the officer testify first. The court affirmed the judgment, concluding that Federal Rule of Evidence 615 required a district court to permit a designated officer to be present during trial and any related decisions were discretionary. Accordingly, there was no abuse of discretion or violation of due process. View "United States v. Valencia-Riascos" on Justia Law

WWP originally filed this action in 2004 challenging the BLM's renewal of grazing permits in the Jarbidge Resource Area (JRA), covering a large expanse of Southern Idaho. At issue on appeal, was whether the district court erred in denying WWP fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d)(1)(A). The court held that the district court did not abuse its discretion in denying fees where the district court considered the reasonableness of the underlying agency decision to issue grazing authorization after the fire at issue, and the reasonableness of the litigation strategy defending that decision View "Western Watersheds Project v. Ellis, et al" on Justia Law

Defendant challenged the district court's decision to increase his sentence by two levels under U.S.S.G. 2K2.1(b)(1)(A). The court held that the district court did not err in enhancing defendant's sentence based on its finding that he constructively possessed four firearms. Accordingly, the court affirmed the judgment. View "United States v. Nungaray" on Justia Law

Defendant appealed his jury conviction on two counts of distributing child pornography and one count of possessing child pornography. Defendant contended that the evidence presented at trial was insufficient to convict him of distribution; the district court incorrectly instructed the jury on the definition of distribution; the district court erroneously denied his motion for a new trial; and the district court improperly denied him discovery on software that the FBI used in its investigation into his online file-sharing activities. The court held that the district court erred in denying defendant's discovery requests, but denied the remainder of defendant's challenges to his conviction. View "United States v. Budziak" on Justia Law

Defendant was prosecuted for failing to comply with the sex offender registration requirements set forth in 42 U.S.C. 16913. At issue was the constitutionality of certain key provisions of the Sex Offender Registration and Notification Act (SORNA), Pub. L. 109-248, Tit. I, 120 Stat. 590. Because SORNA violated neither the Ex Post Facto Clause nor defendant's constitutional right to due process, and because Congress acted within its enumerated powers in enacting it, the court affirmed the judgment of the district court. View "United States v. Mark Steven Elk Shoulder" on Justia Law

Defendant pleaded guilty to a drug-related offense and received a sentence that included supervised release. On appeal, defendant challenged the requirement that he submit to periodic drug testing during his supervised release. The court dismissed the appeal because defendant's appellate waiver was enforceable and applicable in this case. View "United States v. Mendez-Gonzalez" on Justia Law

Defendant appealed the district court's revocation of supervised release. At issue was whether the district court erred in treating a state criminal conviction as a felony rather than a misdemeanor, when the sole categorical difference was a recidivist history. The court concluded that the district court properly considered the conviction as a felony. However, because the district court included a written special condition of supervised release that the court did not include in its oral pronouncement of sentence, the court must vacate the judgment and remand for further proceedings. View "United States v. Jones" on Justia Law

Plaintiffs challenged a Justice Department regulation, 8 C.F.R. 245.2(a)(2)(i)(B), governing the process by which religious workers could apply for adjustment of status pursuant to 18 U.S.C. 1255(a). The court held that the regulation did not bar religious workers from applying for adjustment of status. The regulation has only the practical effect of making it necessary for religious employers to file visa petitions earlier. Therefore, there was no violation of plaintiffs' due process rights. View "Ruiz-Diaz, et al v. United States, et al" on Justia Law

Petitioner, a native and citizen of Haiti, petitioned for review of the BIA's order of removal. The BIA vacated the decision of the IJ granting petitioner protection under the Convention Against Torture (CAT) and cancellation of removal. Petitioner argued that the BIA acted beyond the scope of its authority under 8 C.F.R. 1003.1(d)(3) by reviewing the IJ's findings under a de novo rather than clear error standard and improperly engaging in its own factfinding. The court agreed that the BIA committed legal error in vacating the IJ's decision with respect to the CAT protection claim, and therefore granted the petition and remanded for further proceedings. As to cancellation of removal, the BIA applied the correct standard of review and the court denied the petition to that extent. View "Ridore v. Holder Jr." on Justia Law