Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit affirmed Barry Ray Knight's conviction for child pornography offenses but vacated specific supervised release conditions that were not orally pronounced. The court rejected Knight's argument that a pornography restriction was overbroad because it applies only to visual depictions rather than written descriptions.
The Ninth Circuit affirmed summary judgment for Circle K, holding that its use of a 'price in effect' term presumptively satisfied the good faith requirement under California Commercial Code section 2305(2). The court ruled that this presumption is only rebutted by evidence of objective bad faith, such as discriminatory pricing or prices outside the range of competitors, which the retailers failed to prove.
The Ninth Circuit affirmed a preliminary injunction against Idaho's 'recruiting' prong of its abortion trafficking statute, ruling it unconstitutionally overbroad under the First Amendment. However, the court reversed the injunction regarding the 'harboring' and 'transporting' provisions, finding those terms cover non-expressive conduct unlikely to violate the Constitution.
The Ninth Circuit reversed the Board of Immigration Appeals' denial of asylum and Convention Against Torture relief for a Salvadoran church leader, holding that substantial evidence compelled a finding that his persecution was motivated by his political opinions. The court remanded the case for the Board to determine if influential lay ministers constitute a cognizable particular social group and to reassess the risk of future torture given the FMLN's continued government influence.
The Ninth Circuit affirmed a nearly $100 million forfeiture judgment against Julian Omidi and his business for a health care fraud scheme. The court rejected the argument that a '100% Fraud Rule' applies, holding that all proceeds derived from the fraud must be forfeited even if some legitimate transactions contributed to those proceeds.
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.
The Ninth Circuit reversed a district court order that reduced an Equal Access to Justice Act fee award, holding that work on alternative legal arguments is compensable when the plaintiff achieves excellent results. The court remanded the case with instructions to award the full amount of fees requested by the appellant.
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.
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.
The Ninth Circuit dismissed Apple's appeal of a district court order granting discovery under 28 U.S.C. § 1782 because the scope of the required production remained undetermined. The panel held that without a final determination of what documents must be produced, the order was not a final judgment subject to appellate review.