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

Ahmad Abouammo, a former employee of Twitter, was accused of providing confidential information about dissident Saudi Twitter users to Bader Binasaker, an associate of Saudi Crown Prince Mohammed bin Salman. In exchange, Abouammo received a luxury wristwatch and substantial payments. A jury convicted Abouammo of acting as an unregistered agent of a foreign government, conspiracy to commit wire and honest services fraud, wire and honest services fraud, international money laundering, and falsification of records to obstruct a federal investigation.The United States District Court for the Northern District of California presided over the initial trial. Abouammo was found guilty on multiple counts, including acting as an unregistered agent and falsifying records. He was sentenced to 42 months in prison, three years of supervised release, and forfeiture of $242,000. Abouammo appealed his convictions and sentence, arguing insufficient evidence, improper venue, and that some charges were time-barred.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court affirmed Abouammo’s convictions, holding that sufficient evidence supported his conviction under 18 U.S.C. § 951 for acting as an unregistered agent of a foreign government. The court found that Abouammo acted under the direction and control of the Saudi government, regardless of whether Binasaker was a foreign "official." The court also rejected Abouammo’s statute of limitations argument, holding that the superseding indictment was timely under 18 U.S.C. § 3288. Additionally, the court held that venue for the falsification of records charge was proper in the Northern District of California, where the obstructed federal investigation was taking place.The Ninth Circuit vacated Abouammo’s sentence and remanded for resentencing, but affirmed his convictions on all counts. View "USA V. ABOUAMMO" on Justia Law

Dominic Dorsey was convicted of multiple federal crimes related to a series of robberies committed by two disguised men. The evidence at trial included surveillance video footage of the robberies. A police detective, who had extensively reviewed the surveillance video, testified as a lay witness about details in the video that the jury might have missed. The detective also identified Dorsey and his co-defendant, Reginald Bailey, as the disguised robbers based on his comparison of the video footage and still images.The United States District Court for the Central District of California admitted the detective's testimony under Federal Rule of Evidence 701, which allows lay opinion testimony if it is helpful to determining a fact in issue. The jury found Dorsey guilty on all charges, and he was sentenced to 40 years in prison. Dorsey appealed, challenging the admissibility of the detective's identification testimony.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the detective's narrative testimony about the details in the surveillance video was admissible because it helped the jury understand the evidence. However, the court found that the detective's identification of Dorsey and Bailey as the robbers was inadmissible under Rule 701. The court reasoned that the detective's identification opinions were not helpful because they were based on evidence already before the jury, and the detective did not have personal knowledge or experience that would make his identification more reliable than the jury's own assessment.Despite this error, the Ninth Circuit concluded that the admission of the detective's identification testimony was harmless. The court noted that there was overwhelming evidence of Dorsey's guilt, including witness testimony, cell phone records, and other corroborating evidence. Therefore, the court affirmed Dorsey's conviction. View "USA V. DORSEY" on Justia Law

Barry Ray Knight was convicted of receipt and possession of child pornography. He frequently downloaded child pornography using a peer-to-peer file-sharing network called BitTorrent. In January 2021, undercover officers downloaded files from Knight’s computer that contained child pornography. A search warrant was executed at Knight’s home, revealing over 3,100 videos and 115,000 still images of child pornography on his electronic devices. Knight was convicted after a bench trial and sentenced to 192 months in prison, followed by a lifetime of supervised release.The United States District Court for the District of Nevada imposed several conditions of supervised release, including a special condition prohibiting Knight from viewing or possessing any visual depictions of sexually explicit conduct involving children or adults. Knight did not object to this condition at trial but later argued on appeal that it was overbroad, relying on United States v. Cope. The district court also failed to orally pronounce the standard conditions of supervised release during sentencing.The United States Court of Appeals for the Ninth Circuit reviewed Knight’s appeal. The court rejected Knight’s argument that the special condition was overbroad, distinguishing it from Cope because it only applied to visual depictions and not to materials describing child pornography. The court found no error in the special condition and concluded that it was not unduly restrictive. However, the Ninth Circuit vacated the standard conditions of supervised release that were not orally pronounced and remanded the case to the district court for reconsideration of those conditions. The court otherwise affirmed Knight’s conviction and sentence. View "U.S. v. Knight" on Justia Law

Sterling Atkins, the petitioner, was convicted by a Nevada jury of murder, conspiracy to commit murder, first-degree kidnapping, and sexual assault, and was sentenced to death. The Nevada Supreme Court affirmed all counts except for the sexual assault conviction, which it reversed. Atkins then sought state postconviction relief, which was denied, and subsequently filed a federal habeas corpus petition under 28 U.S.C. § 2254.In the federal district court, Atkins raised several claims, including ineffective assistance of trial counsel during the penalty phase for failing to investigate and present additional mitigating evidence, and for inadequately preparing a psychological expert. The district court denied these claims, finding that the Nevada Supreme Court's denial was reasonable under AEDPA standards. The court also found that Atkins's claim regarding the psychological expert was procedurally defaulted and that he could not meet the Martinez v. Ryan standard to excuse the default.Atkins also challenged a jury instruction regarding the possibility of parole, arguing it was misleading and that the prosecutor improperly invited the jury to speculate about parole. The district court found this claim unexhausted and procedurally defaulted, and Atkins failed to show cause to excuse the default.Atkins sought to expand the certificate of appealability to include claims of ineffective assistance of trial counsel during the guilt phase for failing to investigate his psychological background and a claim that trial counsel had a financial conflict of interest. The court denied these requests, finding that the claims were either procedurally defaulted or lacked merit.The United States Court of Appeals for the Ninth Circuit affirmed the district court's denial of Atkins's habeas petition and denied his request to expand the certificate of appealability. The court held that the Nevada Supreme Court reasonably denied Atkins's claims of ineffective assistance of counsel and that Atkins failed to demonstrate cause and prejudice to excuse the procedural defaults of his other claims. View "ATKINS V. BEAN" on Justia Law

Charles Porter, a Yosemite National Park employee, was charged with various sexual assault offenses after attempting to anally rape T.D., another male park employee, in April 2020. T.D. testified that Porter, heavily intoxicated, forced himself on T.D. in his cabin. Neighbors corroborated T.D.'s account. Porter claimed T.D. was the aggressor. The district court allowed testimony from Porter’s ex-girlfriend, A.H., under Federal Rule of Evidence 413, which permits evidence of prior sexual assaults. A.H. testified that Porter had previously engaged in nonconsensual sex with her.The United States District Court for the Eastern District of California admitted A.H.'s testimony after evaluating its probative value against potential prejudice under Rule 403. The jury found Porter guilty on all counts, and he was sentenced to 148 months in prison. Porter appealed, arguing that Rule 413 violates the Fifth Amendment’s Due Process Clause by allowing propensity evidence.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that Rule 413 is constitutional, referencing its decision in United States v. Lemay, which upheld the analogous Rule 414 for child molestation cases. The court emphasized that Rule 413, like Rule 414, is subject to Rule 403, which allows district courts to exclude unduly prejudicial evidence. The court found that the district court had properly applied Rule 403 and provided appropriate limiting instructions to the jury regarding A.H.'s testimony.The Ninth Circuit affirmed Porter’s conviction, concluding that the admission of A.H.'s testimony under Rule 413 did not violate due process. View "U.S. v. Porter" on Justia Law

The case involves a child-pornography investigation initiated by two CyberTipline Reports forwarded to the FBI by the National Center for Missing and Exploited Children (NCMEC). Special Agent Emily Steele viewed two images from Facebook without a warrant, one of which matched a previously reported child exploitation image. This led to a search warrant for Aaron Holmes's residence, where incriminating statements and numerous illicit images were found on his cellphone. Holmes moved to suppress this evidence, arguing it was obtained unlawfully.The United States District Court for the District of Arizona denied Holmes's motion to suppress, concluding that the good-faith exception applied to Agent Steele’s viewing of the hash-matched image and that the inevitable-discovery exception applied because Agent Rose would have inevitably discovered the same evidence through routine procedures.The United States Court of Appeals for the Ninth Circuit reviewed the case and reversed the district court’s decision. The appellate court held that the good-faith exception did not apply because the existing precedent was contradictory and only plausibly supported Agent Steele’s warrantless viewing of the images. The court also rejected the inevitable-discovery exception, finding that the Government failed to prove that Agent Rose would have inevitably discovered the same evidence through lawful means. The court noted that Agent Rose’s investigation was not as urgent or thorough as Agent Steele’s, and there was no certainty that Holmes would have been present during a hypothetical search by Agent Rose. Consequently, the Ninth Circuit reversed the district court’s denial of Holmes’s motion to suppress and remanded the case for further proceedings. View "U.S. v. Holmes" on Justia Law

Dzung Ahn Pham, a former licensed physician, sought to withdraw his guilty plea to conspiracy to distribute controlled substances in violation of the Controlled Substances Act (CSA). Pham admitted in his plea agreement to conspiring with a pharmacist to prescribe and distribute over 150,000 narcotic pills, knowing he was doing so outside the usual course of professional medical practice and without a legitimate medical purpose. He later argued that his plea was not knowing and voluntary, citing the Supreme Court's decision in Ruan v. United States, which he claimed required the government to prove that he knew he was not authorized under the CSA to issue the prescriptions.The United States District Court for the Central District of California denied Pham's motion to withdraw his guilty plea. The court held that the indictment, plea agreement, and colloquy all incorporated the elements of the offense, including the standard of guilty knowledge required for conviction. Pham's admissions during the plea process were found to be consistent with the requirements set forth in Ruan.The United States Court of Appeals for the Ninth Circuit affirmed the district court's decision. The appellate court held that Pham's admissions to knowingly and intentionally issuing prescriptions outside the usual course of professional medical practice and without a legitimate medical purpose provided the requisite proof that he acted in an unauthorized manner. Therefore, Pham failed to demonstrate that his guilty plea was unknowing or involuntary, and the district court did not err in denying his motion to withdraw the plea. The Ninth Circuit concluded that the plea agreement and colloquy met the standards established by Ruan, and Pham's appeal was dismissed. View "USA V. PHAM" on Justia Law

Dilesh Sharma pleaded guilty to attempted enticement of a minor for sexual purposes, distribution of child pornography, and receipt of child pornography. The district court calculated Sharma’s guideline sentence by starting with the base offense level for each crime and then applied enhancements, including a two-level enhancement for using a computer and a three-level enhancement for possessing at least 150 images. Sharma was sentenced to 288 months’ imprisonment for the enticement count and 240 months for each child pornography count, to run concurrently, along with a life term of supervised release.The United States District Court for the Eastern District of California rejected Sharma’s objections to the computer-usage and image-number enhancements, which he argued were arbitrary and violated the Due Process Clause. The court found that the enhancements were rationally related to legitimate interests and upheld their application.The United States Court of Appeals for the Ninth Circuit reviewed Sharma’s facial due-process challenges to the enhancements. The court held that the computer-usage enhancement was rational when enacted and remains rational today, as it punishes the faster transmission of child pornography via electronic means. Similarly, the image-number enhancement was found to be rationally related to the legitimate interest of punishing offenders with larger collections of child pornography. The court concluded that Sharma did not meet his burden to show that the enhancements were irrational due to changed circumstances. Therefore, the Ninth Circuit affirmed the district court’s decision that neither enhancement violates the Due Process Clause. View "U.S. v. Sharma" on Justia Law

Yi-Chi Shih, a UCLA electrical engineering professor, was convicted of violating the International Emergency Economic Powers Act (IEEPA) by exporting monolithic microwave integrated circuits (MMICs) to China without a license. These MMICs, which amplify microwave signals, were used in collaboration with Chinese engineers for a military weapons development project. Shih misrepresented the export status of the MMICs to the U.S.-based foundry, Cree, to facilitate their manufacture and export.The United States District Court for the Central District of California initially entered a judgment of acquittal on the IEEPA violation counts but later reinstated the conspiracy count upon reconsideration. At sentencing, the court applied a base offense level of 14, resulting in a 63-month sentence. Both parties appealed, and the Ninth Circuit reinstated the substantive IEEPA violation conviction and remanded for resentencing. On remand, the district court applied a base offense level of 26, concluding that Shih's conduct evaded national security controls, resulting in an 85-month sentence.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court's decision. The court held that the export controls Shih evaded were implemented for national security reasons, as the relevant Export Control Classification Numbers (ECCNs) listed national security as a reason for control. The court rejected Shih's argument that the controls were solely for foreign policy reasons and his attempt to characterize his conduct as a mere recordkeeping offense. The Ninth Circuit concluded that the higher base offense level of 26 was appropriate and affirmed the district court's judgment. View "USA V. SHIH" on Justia Law

In January 1996, Hoang Ai Le and his co-conspirators planned to steal computer chips from Diamond Flower Electric Instruments (DFI). The plan involved two teams: an "entry" team to invade the home of a DFI employee to obtain alarm codes, and a second team, led by Le, to use those codes to access DFI and steal the chips. The entry team invaded the home of Zhou Shi Wen, mistakenly believing he had the codes. They tortured Wen and tied up his family and a friend, but Wen did not have the codes. The plan was abandoned, but the entry team still stole $1,500 in valuables from Wen's home.A jury convicted Le in 2007 of Hobbs Act conspiracy and a related firearm offense. He was sentenced to 240 months in prison. Le appealed, arguing that the district court should have applied U.S.S.G. § 2X1.1, which governs inchoate offenses, rather than § 2B3.1, which governs completed robberies. The Ninth Circuit agreed and remanded for resentencing. On remand, Le sought a three-level reduction under § 2X1.1(b)(2), which applies to incomplete conspiracies. The district court denied the reduction, finding that the conspirators were "about to complete" the robbery and that the failure was due to circumstances beyond their control.The United States Court of Appeals for the Ninth Circuit affirmed the district court's decision. The court held that the district court did not clearly err in finding that the conspirators were "about to complete" the robbery, as they had already taken significant steps, including torturing Wen and positioning themselves to proceed to DFI. The court also found that the failure of the robbery was due to Wen's lack of knowledge of the alarm codes, which was beyond the conspirators' control. Therefore, Le was not entitled to the three-level reduction under § 2X1.1(b)(2). The sentence was affirmed. View "USA V. LE" on Justia Law