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Jul 23 2024
United States Court… 22-5273 Panel Decision

JO SPENCE v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND DENIS MCDONOUGH

The D.C. Circuit held that the liberal pleading standards typically afforded to pro se litigants do not automatically apply when the litigant is a licensed attorney. The court affirmed the district court's dismissal of most claims and its grant of summary judgment, ruling that the district court did not abuse its discretion in denying leniency to the pro se lawyer.

Civil Civil Rights - Employment Summary Judgment
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Jul 3 2024
9th Cir. 23-8 Published

DOMINGO MUSQUIZ v. UNITED STATES RAILROAD RETIREMENT BOARD

The Ninth Circuit vacated the Railroad Retirement Board's denial of a waiver for annuity overpayments, ruling that the claimant was without fault for payments made after the agency informed him his earnings had been adjusted. The court remanded the case for the Board to determine if recovering the fault-free overpayments would be against equity or good conscience.

Civil Labor
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Jun 26 2024
United States Court… 24-7028 Panel Decision

Qtaish v. Washington D.C.

The D.C. Circuit affirmed the district court's dismissal of Inez Qtaish's complaint for failing to meet federal pleading standards. The court held that the complaint lacked the required short and plain statement necessary to provide fair notice of the claim and its grounds.

Administrative / Agency Review Civil
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Jun 26 2024
United States Court… 24-5025 Panel Decision

Crum v. United States

The D.C. Circuit dismissed a petition for a writ of mandamus, holding that the All Writs Act does not grant jurisdiction to intervene in a closed case where the appellate court lacks authority to review the underlying state court decisions. The court further affirmed the district court's denial of leave to file new documents, ruling that the lower court did not abuse its discretion in managing its docket.

Administrative / Agency Review Civil
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Jun 14 2024
United States Court… 22-3068 Panel Decision

United States v. Lutamila

The D.C. Circuit affirmed a below-guidelines sentence for bank fraud, holding that the defendant forfeited his challenge to the loss calculation by failing to object when the district court confirmed the guideline range. The court found no plain error in calculating loss as the total amount stolen rather than the net amount remaining after recovery.

Criminal Fraud Guidelines Departure Sentencing Guidelines
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Jun 13 2024
9th Cir. 6:21-cr-00004- Published

UNITED STATES OF AMERICA v. JOHN RUSSELL HOWALD

The Ninth Circuit affirmed John Howald's convictions for a federal hate crime and firearm discharge, rejecting his constitutional challenges to the statute's Commerce Clause reach. The court further held that an attempt to kill under the Hate Crimes Prevention Act constitutes a crime of violence, satisfying the elements required for the firearm enhancement.

Criminal Drug Trafficking Firearms
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Jun 11 2024
9th Cir. 5:18-cr-00258- Published

UNITED STATES OF AMERICA v. ELIZABETH A. HOLMES

The Ninth Circuit affirmed the fraud convictions and sentences of Elizabeth Holmes and Sunny Balwani, ruling that while some lay witness testimony improperly encroached on expert testimony under Rule 702, any error was harmless. The court further rejected arguments regarding the admissibility of a CMS report and other evidentiary challenges, finding no reversible error in the district court's decisions.

Criminal Drug Trafficking
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May 10 2024
United States Court… 22-3086 Panel Decision

UNITED STATES OF AMERICA v. STEPHEN K. BANNON

The D.C. Circuit affirmed Stephen Bannon's conviction for contempt of Congress, rejecting his argument that the statute requires bad faith or that advice of counsel is a valid defense. The court held that the statutory term 'willfully' is satisfied by a deliberate and intentional refusal to comply with a congressional subpoena, regardless of the defendant's subjective belief in their legal justification.

Criminal Other Criminal
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Apr 26 2024
United States Court… 24-7078 Panel Decision

Walton v. First Merchants Bank

The D.C. Circuit affirmed the district court's sua sponte dismissal of Deborah Walton's complaint, holding that she lacks standing to bring a qui tam action under the False Claims Act. The court further ruled that her retaliation claim fails because she is not an employee or agent of the defendants, and that she forfeited other federal claims by failing to adequately brief them.

Civil Civil Rights - Employment
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