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

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

The case involves Denys Korotkiy, the Chief Engineer of a foreign-flagged ship, who was charged with violating U.S. regulations by failing to maintain accurate records of bilge-water operations in the ship's Oil Record Book. The ship, MV Donald, dumped oily bilge water on the high seas and made misleading entries in the Oil Record Book to cover it up. Upon arriving in the U.S., the Coast Guard inspected the ship and found the records to be inaccurate and incomplete.The United States District Court for the Southern District of California denied Korotkiy's motion to dismiss the indictment. Korotkiy argued that the regulation did not require accurate records, that Congress and the international community did not intend for such prosecutions, and that only shipmasters, not chief engineers, should be charged. The district court, relying on precedents from other circuits, found that Korotkiy could be charged for failing to maintain an accurate Oil Record Book while in U.S. waters.The United States Court of Appeals for the Ninth Circuit reviewed the case and affirmed the district court's decision. The Ninth Circuit held that 33 C.F.R. § 151.25 requires ships to maintain accurate records in their Oil Record Books while in U.S. waters. The court joined other circuits in interpreting the regulation to impose a duty on foreign-flagged vessels to ensure the accuracy of their records upon entering U.S. territorial waters. The court also rejected Korotkiy's argument that only shipmasters could be charged, noting that chief engineers can be prosecuted for aiding and abetting the failure to maintain accurate records. The court concluded that the regulation's plain language and the legislative purpose of preventing oceanic pollution supported the prosecution. View "USA V. KOROTKIY" on Justia Law

Reginald Elmore was convicted in 2019 for using or possessing a firearm during a murder in aid of racketeering, violating 18 U.S.C. § 924(j)(1). The predicate crime for this conviction was a VICAR (Violent Crimes in Aid of Racketeering) murder under 18 U.S.C. § 1959(a)(1), which itself required a violation of state or federal law. Elmore challenged his conviction under 28 U.S.C. § 2255, arguing that the VICAR murder did not qualify as a crime of violence under the elements clause of § 924(c)(3)(A).The United States District Court for the Northern District of California denied Elmore’s motion to vacate his conviction. The court held that VICAR murder is categorically a crime of violence under the elements clause and thus a valid predicate for Elmore’s § 924(j)(1) conviction. The court did not address the government’s procedural arguments and granted a certificate of appealability on the issue of the proper mode of analysis for determining whether a VICAR offense constitutes a crime of violence.The United States Court of Appeals for the Ninth Circuit reviewed the case and reversed the district court’s decision. The Ninth Circuit held that the VICAR statute is divisible, requiring the application of the modified categorical approach to determine the elements of Elmore’s charged VICAR offense. The court concluded that Elmore was charged with VICAR murder predicated on California murder. The Ninth Circuit determined that courts should look through to the elements of the state-level predicate violation to decide if the VICAR offense constitutes a crime of violence under § 924(c)(3)(A). The case was remanded to the district court to consider whether California murder involves the requisite force to be a valid predicate for a § 924(j)(1) conviction and to address the government’s procedural arguments. View "USA V. ELMORE" on Justia Law

Derrick Patterson pleaded guilty to one count of Hobbs Act robbery and one count of identity theft. Patterson met his victim through Grindr, a dating application, and during their encounter, he took the victim’s phone and used it to withdraw money from the victim’s bank accounts.The United States District Court for the Central District of California sentenced Patterson to 111 months in prison, including a three-level enhancement for hate crime motivation under U.S.S.G. § 3A1.1. The district court rejected Patterson’s argument that the enhancement required a finding that he was motivated by hate. Patterson appealed the sentence.The United States Court of Appeals for the Ninth Circuit reviewed the case and agreed with Patterson that the language of the enhancement was ambiguous. The court held that the enhancement requires a finding beyond a reasonable doubt that the defendant was motivated by hate or animus. The court concluded that the district court erred by imposing the enhancement without such a finding. Consequently, the Ninth Circuit vacated Patterson’s sentence and remanded the case for resentencing. View "USA V. PATTERSON" on Justia Law

The case involves Sam Sarkis Solakyan, who owned multiple medical-imaging companies. Solakyan conspired with physicians and medical schedulers to route unsuspecting patients to his companies for unnecessary MRI scans and other medical services, generating $263 million in claims. The scheme involved bribery and kickbacks to physicians who referred patients to Solakyan’s companies, violating California’s anti-kickback statutes.The United States District Court for the Southern District of California presided over the initial trial. Solakyan was charged with conspiracy to commit honest-services mail fraud and health-care fraud, as well as substantive counts of honest-services mail fraud and aiding and abetting. After a seven-day trial, the jury found Solakyan guilty on all counts. The district court sentenced him to 60 months in prison and ordered him to pay $27,937,175 in restitution to the affected insurers.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court affirmed Solakyan’s conviction, holding that honest-services mail fraud under 18 U.S.C. §§ 1341 and 1346 includes bribery and kickback schemes that deprive patients of their right to honest services from their physicians. The court also held that actual or intended tangible harm is not an element of honest-services fraud. The indictment was found sufficient in alleging willful misconduct for health-care fraud. The court did not find any abuse of discretion in the jury instructions regarding the mens rea for the conspiracy charges or the use of mails in the fraud scheme. However, the court vacated the restitution order, remanding the case for further proceedings to determine if the restitution amount should be reduced by the cost of medically necessary MRIs that insurers would have paid for absent the fraud. View "USA V. SOLAKYAN" on Justia Law

The case involves an encounter between the Hawai'i Police Department (HPD) and Steven Hyer, which resulted in Hyer's death. On June 22, 2018, HPD officers responded to calls about Hyer's erratic behavior. Hyer, who had a history of mental illness, barricaded himself in his apartment. After several hours of failed negotiations and attempts to subdue him, including the use of a Taser and chemical munitions, HPD officers deployed a police dog. When Hyer allegedly threatened the officers with a compound bow, Corporal Torres shot and killed him.The United States District Court for the District of Hawaii granted summary judgment in favor of the defendants, the City and County of Honolulu, and several HPD officers. The court excluded the plaintiffs' expert reports, finding them speculative, unreliable, and containing legal conclusions. The court ruled that the use of force was objectively reasonable and that the officers were entitled to qualified immunity. The court also dismissed the plaintiffs' claims under the Americans with Disabilities Act (ADA) and various state law claims.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the district court erred in excluding the entirety of the plaintiffs' expert reports, as the reports were based on sufficient facts and data. The Ninth Circuit found that the exclusion of these reports was prejudicial because they created genuine disputes of material fact regarding the reasonableness of the use of deadly force and chemical munitions, as well as potential ADA violations. The court reversed the district court's summary judgment on these claims but affirmed the grant of qualified immunity regarding the use of the police dog, as the law was not clearly established. The case was remanded for further proceedings. View "HYER V. CITY AND COUNTY OF HONOLULU" on Justia Law

Cenious Brewster led officers on a high-speed chase, which was recorded on the officers’ dashcam. Brewster crashed into a building shortly after the chase began. He was arrested, and a firearm was found in his vehicle. Brewster pleaded guilty to one count of being a felon in possession of a firearm, and the district court sentenced him to 46 months’ imprisonment. Brewster challenged his sentence, arguing that the district court erred in applying the reckless endangerment during flight enhancement under U.S.S.G. § 3C1.2, misunderstood his request for a downward departure based on circumstances that allegedly justified his flight, and violated his due process rights by finding that data from the Sentencing Commission’s Judiciary Sentencing INformation (JSIN) online tool was sufficiently reliable to consider at sentencing.The United States District Court for the Northern District of California denied Brewster’s objections to the reckless endangerment enhancement, finding that his flight created a substantial risk of injury to at least one specific person. The court also rejected Brewster’s request for a downward departure or variance, characterizing it as a request for a variance only, which Brewster’s counsel confirmed. Additionally, the court found the JSIN data reliable and used it to determine Brewster’s sentence, noting that the data was consistent with information from another Sentencing Commission tool, the Interactive Data Analyzer (IDA).The United States Court of Appeals for the Ninth Circuit affirmed the district court’s decision. The appellate court held that the district court did not clearly err in finding that Brewster’s flight put at least one motorist at substantial risk of serious bodily injury. The court also found that Brewster forfeited his argument regarding the downward departure and failed to show plain error. Finally, the appellate court held that the district court did not err in finding the JSIN data reliable, as it came from a reliable source and was corroborated by other unchallenged evidence. The court denied Brewster’s motion for supplemental briefing on a Second Amendment challenge, as he could have raised it in the district court but did not. The sentence was affirmed. View "United States v. Brewster" on Justia Law

The defendant attempted to enter the United States at the Nogales, Arizona port of entry. U.S. Customs and Border Protection (CBP) officers, suspicious due to his prior detentions for smuggling and assault, asked him for documentation. Instead of complying, the defendant tried to walk past an officer, who then blocked his path. The defendant responded by slamming the officer to the ground, causing her to suffer a traumatic brain injury with lifelong impairments. He was indicted and charged with assaulting a federal officer resulting in bodily injury.The United States District Court for the District of Arizona accepted the defendant's guilty plea without a plea agreement. At sentencing, the court incorporated by reference the supervised-release conditions set forth in the presentence report (PSR) and District of Arizona General Order 17-18. The defendant was sentenced to 51 months in prison, the bottom of the guideline range. He appealed, arguing that the plea colloquy violated his due process rights and that the district court failed to properly pronounce all conditions of supervised release as required by United States v. Montoya.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court found that the district court had adequately informed the defendant of the rights he was waiving by pleading guilty and that he entered his plea with full awareness of these rights. The court also held that the district court satisfied Montoya’s pronouncement requirement because the defendant had reviewed and understood the PSR, which incorporated the conditions in General Order 17-18. The Ninth Circuit found no plain error in the district court’s explanation of its reasoning for the sentence and concluded that the 51-month sentence was substantively reasonable. The conviction and sentence were affirmed. View "United States v. Avendano-Soto" on Justia Law

Christian Lopez, a native and citizen of Mexico, was brought to the United States by his mother at the age of two to escape domestic violence from his father. Lopez lived in the U.S. without lawful status for thirteen years before obtaining T-5 nonimmigrant status in 2013. In 2017, he inadvertently allowed his T-5 status to expire. In 2019, Lopez was arrested and later convicted of multiple offenses, including four counts of petit larceny under the Reno Municipal Code (RMC) § 8.10.040. Following his release from prison, the Department of Homeland Security (DHS) initiated removal proceedings against him.An immigration judge (IJ) found Lopez removable for committing crimes involving moral turpitude (CIMTs) and denied his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The IJ determined that Lopez's asylum application was untimely and that he failed to demonstrate a nexus between his fear of future harm and any protected ground. The Board of Immigration Appeals (BIA) affirmed the IJ's decision, concluding that Lopez's municipal convictions involved CIMTs and that he did not qualify for an exception to the asylum filing deadline.The United States Court of Appeals for the Ninth Circuit reviewed the case and denied Lopez's petition for review. The court held that Lopez's petit larceny convictions under RMC § 8.10.040 are CIMTs, making him removable. The court also concluded that the BIA's interpretation of the statute regarding CIMTs was entitled to respect under Skidmore v. Swift & Co. Additionally, the court found that the lack of availability of a pardon for a conviction does not render the conviction an improper basis for removal. Finally, the court determined that substantial evidence supported the denial of withholding of removal, as Lopez did not demonstrate that he would face future persecution in Mexico based on his identity as his mother's son. View "LOPEZ V. GARLAND" on Justia Law