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.

Mar 30 2026
3:20-cr-03419-TWR-1 Unpublished

UNITED STATES OF AMERICA v. KEVIN ANDRE BARNES

The Ninth Circuit affirmed the denial of a motion to suppress text messages, ruling that the government's one-year retention of a defendant's cellphone was reasonable under the Fourth Amendment. The court held that the prompt initial seizure, pandemic-related delays, and the defendant's failure to request the device's return outweighed the duration of the hold.

Constitutional Fourth Amendment - Search & Seizure
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Mar 30 2026
2:24-cv-00112-DJC-AC Unpublished

JOHN R. MARSHALL; THE JOHN MARSHALL IRREVOCABLE TRUST DTD FEBRUARY 14, 2017, through its trustee, Michael A. Marshall v. AMERIPRISE FINANCIAL SERVICES LLC

The Ninth Circuit vacated the district court's denial of a motion to compel arbitration because the record contains a genuine dispute of material fact regarding the formation of a valid agreement under California contract law. The appellate court held that unresolved factual issues concerning fraud and execution require resolution before arbitration can be ordered.

Civil Insurance
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Mar 25 2026
3:22-cr-00426- Published

UNITED STATES OF AMERICA v. DAVID WAYNE DEPAPE

The Ninth Circuit held that a district court may correct its failure to afford a defendant the right to allocute under Federal Rule of Criminal Procedure 32 as an 'other clear error' under Rule 35(a). The panel affirmed the defendant's sentence after the district court properly vacated and re-sentenced him within the rule's ten-day window.

Compassionate Release Criminal
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Mar 25 2026
3:23-cr-00144- Published

UNITED STATES OF AMERICA v. JESSIE CHAVEZ-ECHEVERRIA

The Ninth Circuit affirmed a defendant's enhanced sentence, holding that an Oregon conviction for attempted first-degree assault qualifies as a crime of violence under the Sentencing Guidelines. The court clarified that the force clause requires only a substantial step toward the use of physical force, distinct from the stricter probable desistance test used in other contexts.

Criminal Firearms Sentencing Guidelines
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Mar 25 2026
3:22-cr-00426-JSC-1 Unpublished

UNITED STATES OF AMERICA v. DAVID WAYNE DEPAPE

The Ninth Circuit affirmed David Wayne DePape's convictions for attempting to kidnap a federal officer and assaulting a family member of a federal official. The court held that sufficient evidence supported the finding that the crimes were committed on account of the victims' performance of official duties.

Criminal Other Criminal
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Mar 25 2026
8:23-cv-01045-HDV-KES Unpublished

Hageman v. Hyundai Motor America, Inc.

The Ninth Circuit held that a clickwrap agreement for Hyundai's Connected Services did not clearly and unmistakably delegate arbitrability questions to an arbitrator in a class action. The court further ruled that the arbitration clause did not cover product defect claims unrelated to the Connected Services, as such an interpretation would lead to absurd results.

Civil Intellectual Property
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