9th Cir.

United States Court of Appeals for the Ninth Circuit

Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.

Nov 5 2024
8:19-cr-00010- Published

UNITED STATES OF AMERICA v. DZUNG AHN PHAM

The Ninth Circuit affirmed the denial of a physician's motion to withdraw his guilty plea, ruling that his admission to knowingly issuing prescriptions outside the usual course of professional practice satisfied the mens rea requirement established in Ruan v. United States. The court held that Pham's explicit acknowledgment that he acted without a legitimate medical purpose inherently proved he knew he was unauthorized under the Controlled Substances Act.

Criminal Drug Trafficking
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Oct 28 2024
2:17-cr-00055- Published

UNITED STATES OF AMERICA v. DILESH SHARMA

The Ninth Circuit affirmed a federal sentence for child pornography offenses, rejecting a facial due process challenge to two Congressionally directed sentencing enhancements. The court held that enhancements for computer usage and image quantity remain rationally related to legitimate government interests despite changes in technology.

Child Sexual Abuse Material Criminal Sentencing Guidelines Supervised Release
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Oct 25 2024
2:18-cr-00050- Published

UNITED STATES OF AMERICA v. YI-CHI SHIH

The Ninth Circuit affirmed a sentence for a UCLA professor who exported military-grade circuits to China without a license. The court held that export controls listed for national security reasons qualify as such under the Sentencing Guidelines, even if they also satisfy foreign policy treaty obligations.

Criminal Sentencing Guidelines
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Oct 22 2024
2:99-cr-00433- 2-1

UNITED STATES OF AMERICA v. HOANG AI LE

The Ninth Circuit affirmed Hoang Ai Le's sentence, holding that his conspiracy was sufficiently advanced to deny a sentencing reduction under U.S.S.G. § 2X1.1(b)(2). The court reasoned that the conspirators were about to complete the substantive offense when interrupted by circumstances beyond their control, specifically the victim's lack of knowledge of the alarm codes.

Criminal Robbery & Extortion Sentencing Guidelines
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Oct 17 2024
21-304 2-1

Claudia Elena Montejo-Gonzalez; Dany Juan Francisco Montejo; Maria Natalia Francisco Montejo v. Merrick B. Garland, Attorney General

The Ninth Circuit held that the Immigration Judge and Board of Immigration Appeals abused their discretion by failing to consider the totality of circumstances regarding exceptional circumstances to reopen in absentia removal orders. The court reasoned that uncontrollable car accidents and a lack of evasion motive, combined with the unconscionable results for minor children eligible for derivative citizenship, warranted reopening the proceedings.

Civil Immigration (Civil)
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Oct 17 2024
24-6326 Unpublished

Vazquez-Mendez v. Blanche

The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order denying a motion to reopen. The court found the petitioner failed to demonstrate due diligence in discovering his counsel's error over a nearly six-year period.

Civil Immigration (Civil)
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Oct 16 2024
24-4455 Unanimous

In re: THOMAS EUGENE CREECH

The Ninth Circuit granted a writ of mandamus to recuse a district judge from a civil rights case due to her longstanding friendship with the opposing prosecutor. The court held that the judge abused her discretion by failing to recognize that a reasonable person might question her impartiality given the allegations of misconduct against her friend.

Civil Civil Rights - Section 1983
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