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WAYNER BAUDILIO CANO-CARDONA v. TODD BLANCHE, Acting Attorney General
The Ninth Circuit denied Wayner Baudilio Cano-Cardona's petitions for review, upholding the Board of Immigration Appeals' refusal to grant asylum and related relief. The court found that gang recruitment attempts were motivated by criminal intent rather than a protected ground, and that the petitioner failed to meet the legal standards for withholding of removal or Convention Against Torture protection.
Kosher Eats LLC v. Welch
The Tenth Circuit affirmed the dismissal of a RICO lawsuit alleging a loan scam orchestrated by an attorney and his colleagues. The court held that plaintiffs failed to plausibly allege the existence of an unincorporated partnership, which was a necessary element for both the RICO claims and the liability of the individual attorneys.
Cook v. Chapter 13 Trustee
The Fourth Circuit reversed a district court dismissal based on equitable mootness in a simple Chapter 13 bankruptcy case. The court affirmed the bankruptcy court's denial of the debtor's first plan due to a lack of good faith.
MARWAN MAHAJNI v. VU DO and SCOTT WOIDA
The Seventh Circuit dismissed an appeal challenging a district court's denial of qualified immunity because the lower court's ruling was not a final adjudication. The appellate court held that the district court's decision to deny immunity without prejudice and invite further arguments at summary judgment did not satisfy the collateral order doctrine.
UNITED STATES OF AMERICA v. JORDAN THOMPSON
The Tenth Circuit affirmed the denial of a new trial motion but vacated a sentence enhanced based on the defendant's status as a police officer. The court held that professional status is not a valid statutory factor for upward sentencing adjustments under 18 U.S.C. § 3553(a).
JEFFERY PAYNE v. SGT. JOSHUA MOSER
The Fourth Circuit vacated summary judgment in a Fourth Amendment excessive force case, holding that genuine disputes of material fact exist regarding the reasonableness of a vehicle ramming and shooting. The court ruled that a reasonable jury could find the force used was not objectively justified given the suspect was unarmed and the circumstances did not pose an immediate threat.
UNITED STATES OF AMERICA v. LENNIE PERRY
The Seventh Circuit affirmed Lennie Perry's conviction, ruling that the district court properly denied his midtrial request for a sixth appointed attorney after he had twice validly waived his right to counsel. The court held that once a defendant knowingly and voluntarily waives the Sixth Amendment right to self-representation, the judge may hold him to that decision without reassessing his motives or the potential for delay.
UNITED STATES OF AMERICA v. BARRY CUMMINGS
The Tenth Circuit dismissed the direct appeal of a mail fraud defendant who had signed an appeal waiver, ruling that no valid claims fell outside the waiver's scope. The court found that enforcing the waiver would not result in a miscarriage of justice and directed any ineffective assistance claims to be raised in a collateral proceeding.
Gretchen Shanahan v. IXL Learning, Inc.
The Ninth Circuit reversed a district court's denial of a motion to compel arbitration, holding that the burden of proving involuntary acceptance of terms lies with the parents, not the company. However, the court affirmed that the school districts were not authorized agents to bind parents to the arbitration clause.