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https://www.courtlistener.com/api/rest/v3/opinions/8471254/ | THOMPSON, J.,
concurring separately.
I do not believe Ranes’s plea agreement waived his right to move to set aside his plea. But, on the merits, he failed to make a sufficient showing that his plea should be set aside, and so I concur in the court’s affirmance of the district court’s denial of his motion to withdraw hi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471512/ | OPINION OF THE COURT
PER CURIAM.
Fernando Guzman-Lopez petitions for review of an order of the Board of Immigration Appeals (BIA). For the reasons below, we will deny the petition for review.
Guzman-Lopez was admitted to the United States in 1990 as a lawful permanent resident. In 2006, he was charged as removable as a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471244/ | MEMORANDUM **
Juan Carlos Peraza-Carrillo appeals from the 52-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm, but remand to correct the judgment.
Peraza-Carrillo contends ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471246/ | MEMORANDUM *
John Courtney Breault (“Breault”) appeals his conviction for possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) and his lifetime term of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm the conviction and sentence.1
We review de novo the district c... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471248/ | MEMORANDUM **
Juan Jimenez appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326. Jimenez alleges that Almendarez-Torres v. United States, 523 U.S. 224, 227, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), was effectively overruled or limited... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471250/ | MEMORANDUM **
Hector Baca-Quiroz appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a). Baca-Quiroz contends that the district court erred by failing to consider that the lack of a “fast-track” program in the District of Montana creates an unwarra... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471255/ | MEMORANDUM *
The defendant Thomas P. Ranes appeals the district court’s denial of his motion to withdraw a guilty plea, and claims ineffective assistance of counsel.
The government argues that Ranes’ appeal of the motion to withdraw is barred by a waiver in the plea agreement. An appellate waiver that “does not specifi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471256/ | THOMPSON, J.,
concurring separately.
I do not believe Ranes’s plea agreement waived his right to move to set aside his plea. But, on the merits, he failed to make a sufficient showing that his plea should be set aside, and so I concur in the court’s affirmance of the district court’s denial of his motion to withdraw hi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471513/ | OPINION OF THE COURT
PER CURIAM.
Fernando Guzman-Lopez petitions for review of an order of the Board of Immigration Appeals (BIA). For the reasons below, we will deny the petition for review.
Guzman-Lopez was admitted to the United States in 1990 as a lawful permanent resident. In 2006, he was charged as removable as a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471259/ | MEMORANDUM **
California state prisoner David W. Aris-man appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915A. Resnick v. Hay... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471261/ | MEMORANDUM **
Fermín Hawee appeals the sentence imposed following his guilty plea to assault*370ing a federal officer in violation of 18 U.S.C. § 111.
Hawee contends that the district court erred in treating the sentencing Guidelines as mandatory, and its application of U.S.S.G. § 3A1.2(c)(l) constituted impermissible ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471263/ | MEMORANDUM **
Ivan Turner, a California state prisoner, appeals pro se from the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action alleging that a prison doctor acted with deliberate indif*371ference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471267/ | MEMORANDUM **
Melvin Ray Brummett, Jr., a California prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that Shasta County Jail personnel violated his Eight Amendment rights by assigning him an upper bunk and by acting with deliberate indifference to his medical ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471303/ | MEMORANDUM **
Ashot Galstyan and Emma Galstyan, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals (“BIA”) order denying their motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider, Cano-Merida v. IN... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471514/ | OPINION OF THE COURT
RENDELL, Circuit Judge.
Defendant Tyrone Wells appeals his sentence of 143 months’ imprisonment, arguing that the District Court erroneously believed that the Sentencing Guidelines were mandatory. Although Wells acknowledges that the District Court properly applied a recently-enacted amendment to t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471260/ | MEMORANDUM **
California state prisoner David W. Aris-man appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915A. Resnick v. Hay... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471262/ | MEMORANDUM **
Fermín Hawee appeals the sentence imposed following his guilty plea to assault*370ing a federal officer in violation of 18 U.S.C. § 111.
Hawee contends that the district court erred in treating the sentencing Guidelines as mandatory, and its application of U.S.S.G. § 3A1.2(c)(l) constituted impermissible ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471264/ | MEMORANDUM **
Ivan Turner, a California state prisoner, appeals pro se from the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action alleging that a prison doctor acted with deliberate indif*371ference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471266/ | MEMORANDUM **
Terrance Jon Irby, a former pretrial detainee at Skagit County Jail, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action claiming that jail personnel were deliberately indifferent to his medical needs. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de nov... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471268/ | MEMORANDUM **
Melvin Ray Brummett, Jr., a California prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that Shasta County Jail personnel violated his Eight Amendment rights by assigning him an upper bunk and by acting with deliberate indifference to his medical ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471304/ | MEMORANDUM **
Ashot Galstyan and Emma Galstyan, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals (“BIA”) order denying their motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider, Cano-Merida v. IN... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471269/ | MEMORANDUM **
Phillip Price, a former California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging the denial of due process at a parole revocation hearing and the imposition of a mandatory parole term. We have jurisdiction pursuant to 28 U.S.C. § 1291. We... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471271/ | MEMORANDUM **
Dale Owen Dustin, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failing to comply with Federal Rule of Civil Procedure 8. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for an abuse of discretion. McHenry v. Renne, 8... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471274/ | RAWLINSON, Circuit Judge,
dissenting:
I respectfully dissent. Although the Board of Immigration Appeals’ (BIA) decision was not a model of clarity, it was clear enough to allow meaningful review by this court. I am not particularly troubled by the BIA’s prefatory reference to the clear error standard of review. Indeed,... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471277/ | MEMORANDUM **
Andres Ernesto Hernandez appeals pro se from the district court’s final judgment in favor of Defendant Villicana after the jury returned a verdict denying Hernandez’s claim brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471279/ | MEMORANDUM **
Luis Rodriguez-Laguna appeals from the 60-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. *382§ 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm, but remand to correct... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471281/ | MEMORANDUM *
Jereme Lee James appeals his conviction for knowingly concealing unlawfully imported Fiji Island Banded Iguanas (“Fiji Iguanas” or “iguanas”) in violation of 18 U.S.C. § 545, and for knowingly possessing Fiji iguanas traded contrary to the Convention on International Trade in Endangered Species of Wild Fau... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471270/ | MEMORANDUM **
Phillip Price, a former California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging the denial of due process at a parole revocation hearing and the imposition of a mandatory parole term. We have jurisdiction pursuant to 28 U.S.C. § 1291. We... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471272/ | MEMORANDUM **
Dale Owen Dustin, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failing to comply with Federal Rule of Civil Procedure 8. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for an abuse of discretion. McHenry v. Renne, 8... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471275/ | MEMORANDUM *
Mayak Stepanian, a native of Iran and an adherent of the Armenian Christian faith, appeals from the Board of Immigration Appeals’ (“BIA”) affirmance of the Immigration Judge’s (“U”) order denying asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). We have... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471276/ | RAWLINSON, Circuit Judge,
dissenting:
I respectfully dissent. Although the Board of Immigration Appeals’ (BIA) decision was not a model of clarity, it was clear enough to allow meaningful review by this court. I am not particularly troubled by the BIA’s prefatory reference to the clear error standard of review. Indeed,... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471282/ | MEMORANDUM *
Jereme Lee James appeals his conviction for knowingly concealing unlawfully imported Fiji Island Banded Iguanas (“Fiji Iguanas” or “iguanas”) in violation of 18 U.S.C. § 545, and for knowingly possessing Fiji iguanas traded contrary to the Convention on International Trade in Endangered Species of Wild Fau... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471283/ | MEMORANDUM **
Humberto Lugo-Martinez appeals from the 60-month sentence imposed following *386his guilty-plea conviction for possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and aiding in abetting, in violation of 18 U.S.C. § 2. We have jurisdiction pursuant to 28 U.S.C. § 1291,... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471285/ | MEMORANDUM **
Angel Mario Gonzalez-Medina appeals from the 60-month sentence imposed following his guilty-plea conviction for illegal entry and misuse of a passport, in violation of 8 U.S.C. § 1325 and 18 U.S.C. § 1544. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
As an initial matter, the governme... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471289/ | MEMORANDUM *
Shawn Jackson appeals his conviction for receipt of child pornography in viola*391tion of 18 U.S.C. § 2252A(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Because the parties are familiar with the facts, we recite them only as necessary.
The district court may have abused its disc... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471516/ | *847Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kesiena Tani appeals the district court’s orders dismissing his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471284/ | MEMORANDUM **
Humberto Lugo-Martinez appeals from the 60-month sentence imposed following *386his guilty-plea conviction for possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and aiding in abetting, in violation of 18 U.S.C. § 2. We have jurisdiction pursuant to 28 U.S.C. § 1291,... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471286/ | MEMORANDUM **
Angel Mario Gonzalez-Medina appeals from the 60-month sentence imposed following his guilty-plea conviction for illegal entry and misuse of a passport, in violation of 8 U.S.C. § 1325 and 18 U.S.C. § 1544. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
As an initial matter, the governme... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471288/ | MEMORANDUM **
Earlene Short-Dille appeals pro se the district court’s decision affirming the deni*389al of her application for supplemental security income payments. Because substantial evidence supports the determination that Short-Dille is not disabled for purposes of obtaining such benefits, we affirm.
DISCUSSION
Sh... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471290/ | MEMORANDUM *
Shawn Jackson appeals his conviction for receipt of child pornography in viola*391tion of 18 U.S.C. § 2252A(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Because the parties are familiar with the facts, we recite them only as necessary.
The district court may have abused its disc... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471292/ | MEMORANDUM **
Willie Keith Jackson appeals pro se from the district court’s order reducing his sentence to 180 months imprisonment pursuant to 18 U.S.C. § 3582(c)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
The government’s contention that we lack jurisdiction to review the district court’s di... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471517/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Following a jury trial, Demorris Tyrese Allen was convicted of conspiracy to possess with intent to distribute cocaine base. The district court imposed a 324-month sentence. Allen appeals, contending ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8475663/ | OPINION
SLOVITER, Circuit Judge.
This appeal challenges the District Court’s grant of partial summary judgment based upon the New York in pari delicto doctrine. Because the parties have settled all remaining issues, the matter is ripe for appeal. For the reasons stated below, we will affirm.
I.
Oakwood Homes Corporatio... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8477802/ | ORDER
Petitioner having filed the required Statement Concerning Discrimination, it is,
ORDERED that the order of dismissal and the mandate be, and the same hereby are, VACATED and RECALLED, and the petition for review is REINSTATED.
Respondent’s brief is due within 21 days from the date of filing of this order. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471295/ | MEMORANDUM **
Joel Cervantes Arroyo, Silvia Contreras Cruz, and their two adult children, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471297/ | MEMORANDUM **
Washington state prisoner Allan Parme-lee appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Parmelee contends that the state’s revocation of his in forma pauperis (IFP) status prior to appeal, and its fail... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471299/ | MEMORANDUM **
The ALJ gave specific, clear, and convincing reasons for his adverse credibility determination, which was supported by substantial evidence in the record. See Lingenfelter v. Astrue, 504 F.3d 1028, 1036 (9th Cir.2007). Castaneda claimed he had difficulty standing and walking and that he used a cane and a ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471301/ | MEMORANDUM *
Leslie Kakinami appeals the district court’s order denying her 28 U.S.C. § 2255 motion to vacate, set aside or correct sentence. In her § 2255 motion, Kakinami specifically requested that she be transferred to federal custody and that she receive credit against her federal sentence for time served in state... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471518/ | PER CURIAM: *
The attorney appointed to represent Johnnvez Demon Bradford has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Bradford has not filed a response. Our independent review of the record and counsel’s brief disclos... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471296/ | MEMORANDUM **
Joel Cervantes Arroyo, Silvia Contreras Cruz, and their two adult children, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471298/ | MEMORANDUM **
Washington state prisoner Allan Parme-lee appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Parmelee contends that the state’s revocation of his in forma pauperis (IFP) status prior to appeal, and its fail... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471300/ | MEMORANDUM **
The ALJ gave specific, clear, and convincing reasons for his adverse credibility determination, which was supported by substantial evidence in the record. See Lingenfelter v. Astrue, 504 F.3d 1028, 1036 (9th Cir.2007). Castaneda claimed he had difficulty standing and walking and that he used a cane and a ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471519/ | PER CURIAM: *
The attorney appointed to represent Johnnvez Demon Bradford has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Bradford has not filed a response. Our independent review of the record and counsel’s brief disclos... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471520/ | PER CURIAM: *
Plaintiffs-appellants, who suffered injuries due to the flooding associated with Hurricane Katrina, appeal the district court’s dismissal of their tort and admiralty claims against the United States for lack of subject matter jurisdiction due to appellants’ failure to exhaust administrative remedies. For ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471307/ | *404MEMORANDUM **
Leticia Morales de Bolanos and Pedro Bolanos Yllescas, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471309/ | MEMORANDUM **
Pedro Roman Vazquez and Francisca Roman, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying Roman Vazquez’s motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471311/ | MEMORANDUM **
Andrew Winston Alies and his family (“Petitioners”), natives and citizens of Sri Lanka, petition for review of the Board of Immigration Appeals’ (“BIA”) November 15, 2005 per curiam decision dismissing Petitioners’ appeal from an Immigration Judge’s (“IJ”) June 28, 2004 decision that denied Petitioners’ a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471313/ | MEMORANDUM **
Javier Tizón Puig Jr., a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We dismiss the petition for review.
We lack jurisdiction to review the agency’s discretionary determination that ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471315/ | MEMORANDUM **
Mony Neth, a native and citizen of Cambodia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and reissue its prior order denying his motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471317/ | MEMORANDUM ***
Mario Rodriguez-Rangel appeals his conviction for assaulting a federal officer under 18 U.S.C. § 111 and the resulting 51-month sentence. We have jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, and we affirm.
Rodriguez-Rangel first argues the district court erred by admitting improper lay an... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471522/ | PER CURIAM: *
Maria Guadalupe Mendoza-Marquez and her three children, Fernando Alonso Monterosa-Mendoza, Jorge Alberto Alfa-ro-Mendoza, and Edgargo Alexander Ca-lero-Mendoza, petition this court for a review of the decision of the Board of Immigration Appeals (BIA) which overturned the Immigration Judge’s grant of asyl... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471527/ | WHITE, Circuit Judge,
dissenting.
I respectfully dissent, and would affirm.
The order of summary suspension ordered that Lai’s license to practice medicine in Michigan “shall be and hereby is summarily suspended commencing the date this order is served upon Respondent.” The order was served on Lai on March 31, 1997. On... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471306/ | MEMORANDUM **
Candido Vergara Trujillo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen based on ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a moti... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471308/ | *404MEMORANDUM **
Leticia Morales de Bolanos and Pedro Bolanos Yllescas, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471312/ | MEMORANDUM **
Andrew Winston Alies and his family (“Petitioners”), natives and citizens of Sri Lanka, petition for review of the Board of Immigration Appeals’ (“BIA”) November 15, 2005 per curiam decision dismissing Petitioners’ appeal from an Immigration Judge’s (“IJ”) June 28, 2004 decision that denied Petitioners’ a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471314/ | MEMORANDUM **
Javier Tizón Puig Jr., a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We dismiss the petition for review.
We lack jurisdiction to review the agency’s discretionary determination that ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471316/ | MEMORANDUM **
Mony Neth, a native and citizen of Cambodia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and reissue its prior order denying his motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471318/ | MEMORANDUM ***
Mario Rodriguez-Rangel appeals his conviction for assaulting a federal officer under 18 U.S.C. § 111 and the resulting 51-month sentence. We have jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, and we affirm.
Rodriguez-Rangel first argues the district court erred by admitting improper lay an... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471524/ | ROGERS, Circuit Judge.
Niranjan Lai obtained a judgment that U.S. Life wrongfully refused to pay him disability benefits under an insurance contract. U.S. Life appeals, claiming that coverage under the contract terminated when Michigan briefly suspended Lai’s license to practice medicine several years before the onset ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471525/ | WHITE, Circuit Judge,
dissenting.
I respectfully dissent, and would affirm.
The order of summary suspension ordered that Lai’s license to practice medicine in Michigan “shall be and hereby is summarily suspended commencing the date this order is served upon Respondent.” The order was served on Lai on March 31, 1997. On... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471319/ | MEMORANDUM *
After a jury verdict for the defendant Anchorage Police Department on the plaintiff Carolyn Mitchell’s § 1983 claim, Mitchell made a renewed motion for summary judgment under Rule 50(b). The district court denied the motion orally. Mitchell’s opening brief before us failed to indicate precisely that she ap... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471321/ | MEMORANDUM **
Steven Stockwell (“Appellant”) appeals the district court’s order affirming the Commissioner of Social Security’s final decision that Appellant was not disabled under Title 2 of the Social Security Act. Appellant makes several challenges to the Administrative Law Judge’s (“ALJ”) determination that he was ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471325/ | MEMORANDUM **
Defendant-appellant Jeriehmie J. Frane-tich appeals the sentence imposed upon his plea of guilty to being a felon in possession of a firearm. Because the district court did not err in sentencing Franetich, we affirm.
On May 24, 2007, Franetich pleaded guilty to being a felon in possession of a firearm und... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471326/ | MEMORANDUM **
Michelle Wing appeals from the district court’s judgment revoking her supervised release and imposing a 3-month sentence of imprisonment, plus a new 33-month term of supervised release. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Wing’s counsel has filed a brief s... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471328/ | MEMORANDUM *
Reno Police Officer Brent Coss appeals the district court order denying him qualified immunity for arresting plaintiff Robert Wheeler. The district court granted partial summary judgment to Wheeler, holding that there was no probable cause for his arrest and that Coss was not entitled to qualified immunity... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471329/ | HAWKINS, Circuit Judge,
dissenting:
Because I believe that Officer Coss had probable- cause to arrest Wheeler for the crime of harassment, I respectfully dissent.
“The test for whether probable cause exists is whether at the moment of arrest the facts and circumstances within the knowledge of the arresting officers and... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471333/ | MEMORANDUM **
Noel Roman Gimeno appeals from the district court’s denial of his motion to reduce his 140-month sentence under 18 U.S.C. § 3582(c)(2). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Gimeno’s counsel has filed a brief stating there are no grounds for relief, along wi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471528/ | ORDER
Gloria Dickerson, an African-American woman, sued Walgreen for firing her, claiming that the firing violated 42 U.S.C. § 1981 and Title VII, 42 U.S.C. § 2000e et seq., because it was racially discriminatory and unlawfully retaliatory. Walgreen explained that it had fired Dickerson, a store manager, for violating ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471532/ | ORDER
John Blameuser claimed that Chicago police officers used excessive force when arresting him, resulting in severe injuries that required hospitalization. The officers had their own version of events (they claimed he slipped and fell while evading arrest), and the case went to trial. Shortly before trial, Blameuser... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471534/ | *189ORDER
This case involves the repeated run-ins of a father and son with local police over a motorized scooter, resulting in multiple citations and an arrest for obstruction of a peace officer. Following these events, Adam Holm and his teenage son Daniel sued the Village of Coal City, Illinois, and several local poli... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471538/ | ORDER
Anthony Martin applied for Supplemental Security Income, claiming that he is unable to work because of the lasting effects of multiple gunshot wounds and post-traumatic stress disorder (“PTSD”). An administrative law judge (“ALJ”) concluded that these severe impairments do not prevent Martin from performing a sig... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471322/ | MEMORANDUM *
After a jury verdict for the defendant Anchorage Police Department on the plaintiff Carolyn Mitchell’s § 1983 claim, Mitchell made a renewed motion for summary judgment under Rule 50(b). The district court denied the motion orally. Mitchell’s opening brief before us failed to indicate precisely that she ap... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471323/ | RAWLINSON, Circuit Judge,
concurring:
I concur in the affirmance of the judgment in favor of the Defendants because, and only because, the jury considered all of the arguments made by Plaintiff Carolyn Mitchell, and found that her constitutional rights were not violated under the circumstances. Once the case has been p... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471324/ | MEMORANDUM **
Defendant-appellant Jeriehmie J. Frane-tich appeals the sentence imposed upon his plea of guilty to being a felon in possession of a firearm. Because the district court did not err in sentencing Franetich, we affirm.
On May 24, 2007, Franetich pleaded guilty to being a felon in possession of a firearm und... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471327/ | MEMORANDUM **
Michelle Wing appeals from the district court’s judgment revoking her supervised release and imposing a 3-month sentence of imprisonment, plus a new 33-month term of supervised release. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Wing’s counsel has filed a brief s... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471330/ | MEMORANDUM *
Reno Police Officer Brent Coss appeals the district court order denying him qualified immunity for arresting plaintiff Robert Wheeler. The district court granted partial summary judgment to Wheeler, holding that there was no probable cause for his arrest and that Coss was not entitled to qualified immunity... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471331/ | HAWKINS, Circuit Judge,
dissenting:
Because I believe that Officer Coss had probable- cause to arrest Wheeler for the crime of harassment, I respectfully dissent.
“The test for whether probable cause exists is whether at the moment of arrest the facts and circumstances within the knowledge of the arresting officers and... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471332/ | MEMORANDUM **
Noel Roman Gimeno appeals from the district court’s denial of his motion to reduce his 140-month sentence under 18 U.S.C. § 3582(c)(2). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Gimeno’s counsel has filed a brief stating there are no grounds for relief, along wi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471335/ | MEMORANDUM **
Liza Laurensia Lie, and her husband, both natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their application for withholding of removal and protection under the Convention Against ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471529/ | ORDER
Gloria Dickerson, an African-American woman, sued Walgreen for firing her, claiming that the firing violated 42 U.S.C. § 1981 and Title VII, 42 U.S.C. § 2000e et seq., because it was racially discriminatory and unlawfully retaliatory. Walgreen explained that it had fired Dickerson, a store manager, for violating ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471531/ | ORDER
Tramell Watson was riding in the passenger seat of a car that drew the attention of two police officers. The officers stopped the car and found that Watson, who had a felony conviction, was carrying a gun. He was charged with possession of a firearm by a felon, 18 U.S.C. § 922(g)(1). After Watson unsuccessfully s... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471535/ | *189ORDER
This case involves the repeated run-ins of a father and son with local police over a motorized scooter, resulting in multiple citations and an arrest for obstruction of a peace officer. Following these events, Adam Holm and his teenage son Daniel sued the Village of Coal City, Illinois, and several local poli... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471537/ | ORDER
David Bowers, a former inmate at the Green Bay Correctional Institution in Wisconsin, sued the warden and several staff members under 42 U.S.C. § 1983, claiming that they confined him in conditions that violated his Eighth Amendment right to be free from cruel and unusual punishment and his Fourteenth Amendment r... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471339/ | MEMORANDUM **
Jose Vasquez-Garcia appeals from his guilty-plea conviction and 63-month sen*428tence for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Vasquez-Garcia’s counsel has filed a brief stating there are n... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471344/ | MEMORANDUM **
David Carl Camp appeals from the 57-month sentence imposed following his guilty-plea conviction for bank robbery, in violation of 18 U.S.C. § 2113(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate and remand.
Camp contends that the district court erred by imposing a special condition of... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471540/ | FERNANDEZ, and FISHER, Circuit Judges. ■
MEMORANDUM **
Ron Troutman appeals the district court order affirming the bankruptcy court’s judgment in an adversary proceeding brought by the Official Committee of Unsecured Creditors of Troutman Investment Co. (“Committee”) in the Chapter 111 proceedings of Troutman Investmen... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471542/ | MEMORANDUM **
In these consolidated petitions for review, Irfan Pervai Bhatti, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection u... | 01-04-2023 | 11-05-2022 |
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