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

The Ninth Circuit affirmed the district court's dismissal of an action challenging a tribal court's subject matter jurisdiction over tort claims brought by the tribe against a nonmember employee. The panel previously held that a tribe's inherent sovereign power to exclude nonmembers from tribal land is an independent source of regulatory power over nonmember conduct on tribal land.In this case, the panel held that a tribe's regulatory power over nonmembers on tribal land does not solely derive from an Indian tribe’s exclusionary power, but also derives separately from its inherent sovereign power to protect self government and control internal relations. The panel held that the tribal court has jurisdiction over the tribe's claim under the circumstances presented here, given the existence of regulatory authority, the sovereign interests at stake, and the congressional interest in promoting tribal self-government. The panel held that the tribe has authority to regulate the nonmember employee's conduct at issue pursuant to its inherent power to exclude nonmembers from tribal lands, and in the alternative, the tribe has regulatory authority over the nonmember employee's conduct under both Montana exceptions. View "Knighton v. Cedarville Rancheria of Northern Paiute Indians" on Justia Law

The Ninth Circuit affirmed the district court's denial of summary judgment to a former employee of the California State Board of Equalization, based on qualified immunity, in an action alleging that the employee violated clearly established law by participating in a search of plaintiff's business following an altercation between the parties. The altercation led to the execution of a search warrant at Advanced Building by CHP officers.The panel held that the employee violated clearly established law by participating in the search. Even assuming that state law permitted warrantless inspections of business records, the panel held that the intrusive search here would not withstand scrutiny under the Fourth Amendment. In this case, no analogously pervasive regulation or special governmental interest justified a diminished expectation of privacy. The panel held that the administrative search exception did not apply and the employee's presence was not necessary to aid in the officers' execution of the warrant. View "Advanced Building & Fabrication, Inc. v. California Highway Patrol" on Justia Law

The Ninth Circuit affirmed defendant's sentence and held that the strict liability enhancement of USSG 2K2.1(b)(4), for the commission of a crime with a stolen firearm, is constitutional. The panel joined its sister circuits and reaffirmed the holding of United States v. Goodell, 990 F.3d 497 (9th Cir. 1993), that the lack of a mens rea requirement in section 2K2.1(b)(4) does not violate due process. The panel also held that Application Note 8(B) simply serves as confirmation that Goodell's reading has always been the correct one.The panel held that subsequent Supreme Court opinions recasting the role the Guidelines play in a district court's sentencing decision did not affect Goodell. The panel failed to understand how the Supreme Court's Sixth Amendment jurisprudence requiring that all facts leading to a sentence enhancement beyond the statutory maximum be proven to a jury overrules the long-settled position that the Fifth Amendment permits a sentencing enhancement for possession of a stolen firearm to apply on a strict-liability basis. View "United States v. Prien-Pinto" on Justia Law

The Ninth Circuit affirmed the tax court's decision to sustain a deficiency against an estate for overstating the amount of a charitable deduction and to sustain an accuracy-related penalty. In Ahmanson Foundation v. United States, 674 F.2d 761, 772 (9th Cir. 1981), the panel underscored the principle that the testator may only be allowed a deduction for estate tax purposes for what was actually received by the charity. Applying Ahmanson, the panel held that the tax court correctly considered the difference between the deduction and the property actually received by the charity due to the executor's manipulation of the redemption appraisal value. The panel also found nothing in the record that suggested that the tax court's findings were clearly erroneous. Finally, there was no error in the tax court's holding that the commissioner properly imposed the accuracy-related penalty under I.R.C. 6662(a). View "Dieringer v. Commissioner" on Justia Law

The Ninth Circuit held that defendant's prior conviction for felony harassment in violation of Washington law qualified as a crime of violence pursuant to the force clause. However, the panel held that the district court erred in concluding that defendant's prior conviction for second degree assault in violation of Washington law did not qualify as a crime of violence, because the offense, in the ordinary case, did not present a serious potential risk of physical injury to another. The assault statute encompassed assault with intent to commit a felony, which included the intent to commit any non-violent felony offense. Furthermore, the assault statute was not similar in kind to the crimes listed in the enumerated offenses clause. Because the assault statute was indivisible, the modified categorical approach was inapplicable. The panel remanded for resentencing. View "United States v. Door" on Justia Law

The Ninth Circuit affirmed the district court's grant of summary judgment for the government defendants, in an action brought by the Community challenging Interior's determination that it is ineligible for gaming for purposes of the Indian Gaming Regulatory Act (IGRA). The panel held that the agency's determination was correct, because the IGRA clearly and unambiguously requires federal recognition by the Secretary of the Department of the Interior before a tribe may qualify to participate in Indian gaming. The panel also held that the Frank's Landing Act did not authorize the Community to engage in class II gaming. View "Frank's Landing Indian Community v. National Indian Gaming Commission" on Justia Law

U.C.C. 9-319(a), which grants a consignee "rights and title to the goods," also grants the consignee an interest in the proceeds of those goods that were generated prior to bankruptcy. The Ninth Circuit affirmed the bankruptcy appellate panel's decision affirming the bankruptcy court's grant of summary judgment for the bankruptcy trustee who brought an adversary proceeding seeking avoidance of transfers.Under settled bankruptcy law, if a consignee files for bankruptcy, any consigned "goods" in its possession become property of the bankruptcy estate unless the seller has previously provided public notice of its interest in the goods (normally by filing a document known as a "financing statement") and thereby "perfected" its interest. The panel held that this rule also extended to the proceeds from goods sold that are held by the consignee on the date it files for bankruptcy. View "IPC (USA), Inc. v. Ellis" on Justia Law

The Ninth Circuit affirmed the district court's denial of plaintiffs' motion to remand to state court. The panel joined the Fourth Circuit in holding that receipt of an initial pleading by a statutorily designated agent does not begin the thirty-day removal clock under 28 U.S.C. 1446(b)(1), and that it was instead actual receipt by State Farm that started the removal clock. The panel applied this rule and held that State Farm timely removed the case where removal was calculated from when the forwarded copy of the complaint reached State Farm's designated recipient. View "Anderson v. State Farm Mutual Automobile Insurance Co." on Justia Law

The Ninth Circuit certified the following question to the Hawai'i Supreme Court: What is the applicable statute of limitations for a claim against the State of Hawai'i alleging an unlawful taking of "[p]rivate property . . . for public use without just compensation," Haw. Const. art. I, 20? View "DW Aina Le'A Development, LLC v. Hawai'i Land Use Commission" on Justia Law

The Ninth Circuit denied a petition for review of the BIA's decision upholding the IJ's denial of withholding of removal and protection under the Convention Against Torture (CAT). The panel held that it was appropriate for the BIA to consider sentencing enhancements when it determined that a petitioner was convicted of a particularly serious crime on a case-by-case basis.The panel clarified that it was also appropriate for the BIA to consider sentencing enhancements when it determined that a petitioner was convicted of a per se particularly serious crime. In this case, petitioner was convicted of willful infliction of corporal injury upon the mother of his child with a prior conviction, and was sentenced with a one-year enhancement that made his aggregate term of imprisonment five years. The panel held that the BIA applied the correct legal standard when it determined that petitioner was convicted of a per se particularly serious crime and was therefore ineligible for withholding of removal. The panel also held that substantial evidence supported the denial of CAT relief. View "Mairena v. Barr" on Justia Law