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 31 2026
23-35483 Published

UNITED STATES OF AMERICA v. FRANCIS R. CASILDO

The Ninth Circuit reversed a district court's dismissal of a federal prisoner's habeas motion, excusing procedural default due to ineffective assistance of counsel. The panel held that the defendant's prior Nevada conviction was not a qualifying controlled substance offense under the Sentencing Guidelines, necessitating resentencing without the career offender enhancement.

Constitutional Habeas Corpus - Federal Prisoner (28 USC 2255) Sentencing Guidelines
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Mar 31 2026
3:19-cv-07901-TLT Unpublished

Salhotra v. Simpson Manufacturing Co., Inc.

The Ninth Circuit vacated a district court judgment on the pleadings and remanded with instructions to dismiss the case for lack of subject matter jurisdiction because the plaintiffs failed to establish Article III standing. The court affirmed a Rule 11 sanctions order against the appellants, finding the complaint legally and factually baseless.

Civil ERISA / Employee Benefits Standing
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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3:20-cr-03419-TWR-1 Unpublished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2:24-cv-00112-DJC-AC Unpublished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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