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https://www.courtlistener.com/api/rest/v3/opinions/8471909/ | OPINION
PER CURIAM.
Dylan Stephen Jayne, proceeding pro se, appeals from the District Court’s order dismissing his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). For the reasons that follow, we will affirm in part and vacate in part the District Court’s order.
On June 21, 2007, Jayne filed a complaint in the Unit... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471911/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronald Salyer appeals from the tax court’s orders denying, based on lack of jurisdiction, his Motion to Restrain Assessment or Collection, and denying his motion to vacate. We have reviewed the record... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471912/ | *870Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas Wane Marett appeals from the tax court’s orders imposing sanctions, upholding the Commissioner’s proposed collection activities with respect to his tax liability for the 2000 tax year, and ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471915/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Stanley A. Cook appeals from the tax court’s orders upholding the Commissioner’s deficiency determination as to Cook’s income tax liability for the 2003 tax year, and denying his motion for reconsider... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471917/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Edward Harold Saunders, Jr., a federal prisoner, appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing without prejudice his 28 U.S.C. § 2241 (2006) pe... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8478100/ | ORDER
The petitioner having failed to file the brief required by Federal Circuit Rule 31(a) within the time permitted by the rules, it is
ORDERED that the petition for review be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471918/ | Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William F. Case seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certific... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471920/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dr. Joseph Askew and Joseph Askew, Jr., appeal the district court’s order dismissing their civil action. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reason... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471922/ | PER CURIAM: *
AFFIRMED. See 5th Cir. R. 47.6.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471926/ | ORDER
David Estrada, a federal inmate, suffered a stroke in prison and asserts in this civil-rights action that five employees of the federal Bureau of Prisons violated the Eighth Amendment by denying him medical care necessary to aid his recovery. The district court dismissed most of Estrada’s claims at initial screen... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471928/ | ORDER
Eric Ellis appeals the district court’s grant of summary judgment on his claim that FedEx Smartpost, Inc., failed to promote him on account of his race, sex and other grounds. We affirm.
Smartpost consolidates and delivers high volumes of low-weight, business-to-consumer packages using the United States Postal Se... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471930/ | ORDER
Javier Armas-Calvillo has been removed from the United States twice, and after serving his sentence for illegal reentry he’ll have one more to add to his tally. He was first forced to leave after serving a Wisconsin sentence for sexual assault. He snuck back into the country, only to be removed again after being ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471932/ | ORDER
After a scuffle with prison guards on June 1, 2003, Sherrell Towns, an Illinois prisoner, was cited for misconduct on June 3 and later disciplined for assaulting a staff member. But in this suit under 42 U.S.C. § 1983, he alleges that the guards attacked him without provocation and falsified the disciplinary repo... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471934/ | Ricardo Villa and Francisco Torres were convicted for their involvement in drug trafficking — Villa following a guilty plea and Torres following a jury trial — and both were sentenced to 360 months’ imprisonment. They appealed, and we vacated both sentences and remanded the cases to the district court for resentencing ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471936/ | ORDER
Sylvester Williams filed suit under 42 U.S.C. § 1983, claiming that medical staff at the DuPage County Jail were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The district court granted summary judgment to the defendants, and we affirm.
This case centers on Williams’ ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471938/ | ORDER
Jack Zatz applied for disability insurance benefits, claiming that he is unable to work because of severe back and leg pain. An administrative law judge (“ALJ”) concluded that Zatz is able to perform light work and denied the application. Zatz sought review in the district court, and a magistrate judge, presiding... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471940/ | ORDER
A jury found Antonio Mendoza guilty of conspiracy to possess and distribute methamphetamine, 21 U.S.C. §§ 846, 841(a)(1), and possession with intent to distribute, id. *114§ 841(a)(1). The district court sentenced him to life imprisonment, the mandatory minimum sentence given the quantity of drugs and Mendoza’s p... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471942/ | ORDER
Following a jury trial, James Thomas was convicted of possession of a firearm after a felony conviction, see 18 U.S.C. § 922(g)(1), and the district court sentenced him under the Armed Career Criminal Act to 240 months’ imprisonment, see id. § 924(e)(1). Thomas filed a notice of appeal. Appointed counsel, however... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471949/ | MEMORANDUM **
Jose Abel Arguello Valera and Ana Guadalupe Arguello, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying their motion to reopen removal proceedings conducted in absentia. We have jurisdict... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471921/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dr. Joseph Askew and Joseph Askew, Jr., appeal the district court’s order dismissing their civil action. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reason... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471923/ | PER CURIAM: *
AFFIRMED. See 5th Cir. R. 47.6.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471925/ | PER CURIAM: *
David Heston Gary appeals his guilty plea conviction for possession of a firearm during and in relation to a drug trafficking offense. He argues that the district court erred by accepting his guilty plea because the factual basis did not establish that he carried a weapon in relation to an underlying drug... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471927/ | ORDER
David Estrada, a federal inmate, suffered a stroke in prison and asserts in this civil-rights action that five employees of the federal Bureau of Prisons violated the Eighth Amendment by denying him medical care necessary to aid his recovery. The district court dismissed most of Estrada’s claims at initial screen... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471929/ | ORDER
Eric Ellis appeals the district court’s grant of summary judgment on his claim that FedEx Smartpost, Inc., failed to promote him on account of his race, sex and other grounds. We affirm.
Smartpost consolidates and delivers high volumes of low-weight, business-to-consumer packages using the United States Postal Se... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471933/ | ORDER
After a scuffle with prison guards on June 1, 2003, Sherrell Towns, an Illinois prisoner, was cited for misconduct on June 3 and later disciplined for assaulting a staff member. But in this suit under 42 U.S.C. § 1983, he alleges that the guards attacked him without provocation and falsified the disciplinary repo... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471937/ | ORDER
Sylvester Williams filed suit under 42 U.S.C. § 1983, claiming that medical staff at the DuPage County Jail were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The district court granted summary judgment to the defendants, and we affirm.
This case centers on Williams’ ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471939/ | ORDER
Jack Zatz applied for disability insurance benefits, claiming that he is unable to work because of severe back and leg pain. An administrative law judge (“ALJ”) concluded that Zatz is able to perform light work and denied the application. Zatz sought review in the district court, and a magistrate judge, presiding... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471943/ | ORDER
Following a jury trial, James Thomas was convicted of possession of a firearm after a felony conviction, see 18 U.S.C. § 922(g)(1), and the district court sentenced him under the Armed Career Criminal Act to 240 months’ imprisonment, see id. § 924(e)(1). Thomas filed a notice of appeal. Appointed counsel, however... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471944/ | MEMORANDUM **
The Administrative Law Judge (ALJ) did not err in relying on Dr. Watkins’s evaluation of Korenica’s mental residual functional capacity. When a claimant objects to being examined by a medical source, the ALJ may reschedule the examination with a different medical source without first determining whether t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471947/ | MEMORANDUM **
John Thomas Sundquist, a civil detainee, appeals pro se from the summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his Fourteenth Amendment due process rights by transporting and temporarily housing him with criminal detainees (i.e., criminal pretrial detainees, prisoners, ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8478101/ | ORDER
The parties having so agreed, it is
ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b). | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471946/ | MEMORANDUM **
John Thomas Sundquist, a civil detainee, appeals pro se from the summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his Fourteenth Amendment due process rights by transporting and temporarily housing him with criminal detainees (i.e., criminal pretrial detainees, prisoners, ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471948/ | MEMORANDUM **
Jose Abel Arguello Valera and Ana Guadalupe Arguello, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying their motion to reopen removal proceedings conducted in absentia. We have jurisdict... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471950/ | MEMORANDUM *
Dr. Alameda Starkey and the San Diego-Imperial County Cattlemen’s Association appeal the district court’s denial of their motion for preliminary injunctive relief in an action against the County of San Diego, the San Diego Department of Planning and Land Use (“DPLU”), and two employees of the DPLU in their... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471952/ | MEMORANDUM **
James Huson and his parents, Michael and Tena Huson (the “Husons”) appeal the district court’s dismissal of their claims under the Rehabilitation Act, Americans with Disabilities Act, and 42 U.S.C. § 1983. Because the parties are familiar with the facts of the case, we repeat them here only to the extent ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471954/ | *153MEMORANDUM *
Appellants, employees of the Northrop Grumman Corporation, challenge the district court’s denial of their motion for class certification in this ERISA action asserting a breach of fiduciary duty.
1. The district court abused its discretion by failing to make any findings whatsoever regarding the class ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471959/ | MEMORANDUM **
Victor Segovia (“Victor”) appeals a decision of the Bankruptcy Appellate Panel that affirmed a bankruptcy court’s (1) reduction of Victor’s claim against the estate of his sister Maria Segovia (“Maria”) and (2) rejection of Victor’s objections to the claim of creditor Bach Construction, Inc. (“BCI”). We h... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471961/ | MEMORANDUM**
Stephen Francis Rhett appeals his con*160victions for importation of marijuana,1 possession of marijuana with intent to distribute,2 and for aiding and abetting.3 We affirm.
(1) The district court did not abuse its discretion 4 when it admitted evidence that Rhett defecated in his pants at the point when b... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471973/ | MEMORANDUM **
Petitioner-Appellant Kethon Triggs (“Triggs”), a state prisoner, appeals the district court’s denial of his habeas petition. In 1995, a jury convicted Triggs of cocaine possession in violation of California Health and Safety Code section 11350(a). Under California’s three-strikes law, the trial court sent... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8478102/ | ORDER
The parties having so agreed, it is
ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b). | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471953/ | MEMORANDUM **
James Huson and his parents, Michael and Tena Huson (the “Husons”) appeal the district court’s dismissal of their claims under the Rehabilitation Act, Americans with Disabilities Act, and 42 U.S.C. § 1983. Because the parties are familiar with the facts of the case, we repeat them here only to the extent ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471955/ | *153MEMORANDUM *
Appellants, employees of the Northrop Grumman Corporation, challenge the district court’s denial of their motion for class certification in this ERISA action asserting a breach of fiduciary duty.
1. The district court abused its discretion by failing to make any findings whatsoever regarding the class ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471958/ | MEMORANDUM **
Victor Segovia (“Victor”) appeals a decision of the Bankruptcy Appellate Panel that affirmed a bankruptcy court’s (1) reduction of Victor’s claim against the estate of his sister Maria Segovia (“Maria”) and (2) rejection of Victor’s objections to the claim of creditor Bach Construction, Inc. (“BCI”). We h... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471960/ | MEMORANDUM**
Stephen Francis Rhett appeals his con*160victions for importation of marijuana,1 possession of marijuana with intent to distribute,2 and for aiding and abetting.3 We affirm.
(1) The district court did not abuse its discretion 4 when it admitted evidence that Rhett defecated in his pants at the point when b... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471962/ | MEMORANDUM**
Gilberto Placencia-Medina appeals his sentence for attempted entry after removal. 8 U.S.C. § 1326(a). We affirm.
The district court did not err when it considered the nature and similarity of Placencia’s prior convictions in deciding to impose a six-month variance from the sentence range under the United S... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471964/ | MEMORANDUM *
Alla Valadmirovna Davis seeks review of a decision of the Board of Immigration Appeals (“BIA”) denying her application for asylum. As the facts are known to the parties, they will not be repeated here, except as necessary to our decision.
Davis filed her application for asylum over six years after entry in... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471968/ | *168MEMORANDUM **
Joshua Larson (“Larson”) appeals the district court’s order dismissing his conviction for receipt of child pornography without prejudice, contending that the district court should have instead dismissed his conviction with prejudice. He also challenges his conviction for possession of child pornograph... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471971/ | MEMORANDUM *
Defendant-Appellant Miguel AlvarezAdame appeals his conviction for reentering the United States after removal in violation of 8 U.S.C. § 1326(a), and the sentence enhancement imposed for having been removed subsequent to a felony conviction under § 1326(b).1 We have jurisdiction under 28 U.S.C. § 1291, and... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471963/ | MEMORANDUM**
Gilberto Placencia-Medina appeals his sentence for attempted entry after removal. 8 U.S.C. § 1326(a). We affirm.
The district court did not err when it considered the nature and similarity of Placencia’s prior convictions in deciding to impose a six-month variance from the sentence range under the United S... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471965/ | MEMORANDUM *
Alla Valadmirovna Davis seeks review of a decision of the Board of Immigration Appeals (“BIA”) denying her application for asylum. As the facts are known to the parties, they will not be repeated here, except as necessary to our decision.
Davis filed her application for asylum over six years after entry in... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471967/ | *165MEMORANDUM**
Frank A. Rust appeals the district court’s denial of one habeas corpus petition on the merits and the denial of another one as being second and successive. 28 U.S.C. §§ 2244(b), 2254. We affirm in part and reverse and remand in part.
(1) Rust asserts that pursuant to “clearly established Federal law, a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471969/ | *168MEMORANDUM **
Joshua Larson (“Larson”) appeals the district court’s order dismissing his conviction for receipt of child pornography without prejudice, contending that the district court should have instead dismissed his conviction with prejudice. He also challenges his conviction for possession of child pornograph... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471970/ | MEMORANDUM *
Defendant-Appellant Miguel AlvarezAdame appeals his conviction for reentering the United States after removal in violation of 8 U.S.C. § 1326(a), and the sentence enhancement imposed for having been removed subsequent to a felony conviction under § 1326(b).1 We have jurisdiction under 28 U.S.C. § 1291, and... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471972/ | MEMORANDUM **
Petitioner-Appellant Kethon Triggs (“Triggs”), a state prisoner, appeals the district court’s denial of his habeas petition. In 1995, a jury convicted Triggs of cocaine possession in violation of California Health and Safety Code section 11350(a). Under California’s three-strikes law, the trial court sent... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471975/ | PREGERSON, J.,
dissenting:
The majority disposition holds that the Administrative Law Judge (“ALJ”) properly denied Burkstrand’s application for disability and supplemental security income benefits. I respectfully disagree.
First, the ALJ erred in posing a hypothetical to the vocational expert that did not include Burk... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471978/ | MEMORANDUM **
Before the district court, the government alleged that, along with several others, Defendants-Appellants Mario Arriaga-Nunez, aka, Jorge Alexander Canchóla (Canchóla) and Javier Castaneda transported and distributed large quantities of methamphetamine in Nevada and Idaho. Canchóla pled guilty and requeste... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471987/ | MEMORANDUM **
This case was remanded to us by the United States Supreme Court following the Court’s decision in Scott v. Harris, 550 U.S. 372, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). Following Scott, we asked for supplemental briefing from the parties. In Scott, the Court cautioned that we are not required to accept a ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471989/ | *190MEMORANDUM ***
Frederick J. Vasquez appeals the district court’s order affirming an administrative law judge’s denial of social security benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291. The district court’s order is reviewed de novo. Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001). The decision ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471991/ | MEMORANDUM**
Defendant Subhash Chadha appeals his sentence following a guilty plea to one count of wire fraud in violation of 18 U.S.C. § 1343. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm the sentence, vacate the judgment, and remand with instructions to conform the judgment to the recor... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471981/ | MEMORANDUM *
Defendant-Appellant Steven Landers (“Landers”) was convicted, after a bench trial, of manufacturing with intent to possess and distribute 100 or more marijuana plants in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). Landers now appeals the *185district court’s denial of his motions to suppress. We hav... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471983/ | MEMORANDUM *
Sarabjit Singh Takhar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the United Nations Convention Against ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471985/ | MEMORANDUM *
Diamond Electric appeals the district court’s summary judgment to Pace Pacific. This is a diversity case applying Nevada law. We affirm.
Pace’s letter of intent to Diamond did not create a binding contract. “Commonly, a letter of intent is used so that people negotiating toward an agreement, who do not yet... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8478103/ | ORDER
The parties having so agreed, it is
*117ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b). | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471980/ | MEMORANDUM *
Defendant-Appellant Steven Landers (“Landers”) was convicted, after a bench trial, of manufacturing with intent to possess and distribute 100 or more marijuana plants in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). Landers now appeals the *185district court’s denial of his motions to suppress. We hav... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471984/ | MEMORANDUM *
Diamond Electric appeals the district court’s summary judgment to Pace Pacific. This is a diversity case applying Nevada law. We affirm.
Pace’s letter of intent to Diamond did not create a binding contract. “Commonly, a letter of intent is used so that people negotiating toward an agreement, who do not yet... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471986/ | MEMORANDUM **
This case was remanded to us by the United States Supreme Court following the Court’s decision in Scott v. Harris, 550 U.S. 372, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). Following Scott, we asked for supplemental briefing from the parties. In Scott, the Court cautioned that we are not required to accept a ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471990/ | MEMORANDUM**
Defendant Subhash Chadha appeals his sentence following a guilty plea to one count of wire fraud in violation of 18 U.S.C. § 1343. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm the sentence, vacate the judgment, and remand with instructions to conform the judgment to the recor... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472111/ | *578ON MOTION
ORDER
Upon consideration of Kenneth L. Jordan’s motion to voluntarily dismiss his appeal,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) Each side shall bear its own costs. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471992/ | MEMORANDUM **
Denice Greenwalt-Baltrons appeals pro se from the district court’s judgment affirming the Commissioner of Social Security’s denial of disability insurance benefits. “We review de novo the district court’s order affirming the Commissioner’s denial of benefits.” Ukolov v. Barnhart, 420 F.3d 1002, 1004 (9th ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471996/ | *198MEMORANDUM **
Gloria Lucia Salmerón Sanchez, her husband J. Baudelio Barrera Guzman, and their three sons, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“U”) order denying the parents’ applications for cancellation ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471998/ | MEMORANDUM **
Robert Raphaelson appeals the district court’s order granting plaintiffs Ashley Andrews and Ashtonwood Stud Associates, L.P. (collectively, “Andrews”) partial summary judgment on her claims for conversion under Nevada law. Andrews appeals the district court’s order reducing the jury’s punitive damages awa... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472001/ | BEA, Circuit Judge,
dissenting:
I respectfully dissent. Yanko Hritsov Dimitrov petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture. Dimitrov claimed before the BIA that he was a Bulgar... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472006/ | MEMORANDUM *
Pablo Cobb appeals the district court’s order denying his petition for a writ of habeas corpus. We affirm. On the basis of the record before us, we cannot say that the California Court of Appeal acted contrary to clearly established federal law in concluding that Cobb’s confession was admissible.1 See 28 U... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472007/ | BERZON, Circuit Judge,
dissenting:
I dissent.
I would hold that the California appellate court’s conclusion that Pablo Cobb did not unambiguously invoke his Fifth Amendment right to counsel “involved an unreasonable application of ... clearly established Federal law.” 28 U.S.C. § 2254(d). Accordingly, I would reverse t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472010/ | MEMORANDUM **
Ezequiel Arnoldo Argueta-Hernandez petitioned for review of the order denying his application for asylum and withholding of removal. We deny his petition for review.
Argueta-Hernandez sought asylum and withholding of removal because of persecution in El Salvador on account of his religious beliefs. We mus... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472012/ | *213MEMORANDUM *
A class of Network Commerce, Inc. (“NCI”) shareholders (collectively, “Sherman”) appeals the district court’s dismissal of its complaint alleging that NCI violated Section 11 of the 1938 Securities Act. We affirm in part, and reverse and remand in part.
1. In her complaint, Sherman alleges that NCI fai... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472014/ | MEMORANDUM *
Ann Standley appeals from the district court’s summary judgment to Elko County on her section 1983 claims and its dismissal of her remaining state law claims. The facts are well-known to the parties; we need not repeat them here.
The district court properly granted summary judgement to Elko County because ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472112/ | *578ON MOTION
ORDER
Upon consideration of Kenneth L. Jordan’s motion to voluntarily dismiss his appeal,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) Each side shall bear its own costs. | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472002/ | MEMORANDUM *
Yanko Hristov Dimitrov, a citizen of Bulgaria, appeals the denial by the Board of Immigration Appeals (the BIA) of his petition for asylum. We remand.
The parties are familiar with the facts. We proceed to issues of law. First, the BIA erred in its credibility determination by treating as central to Dimitr... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472003/ | BEA, Circuit Judge,
dissenting:
I respectfully dissent. Yanko Hritsov Dimitrov petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture. Dimitrov claimed before the BIA that he was a Bulgar... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472005/ | MEMORANDUM **
Sargon Shahbaz Yoghanloui Ginzeh petitions for review of a Board of Immigration Appeals (“BIA”) order dismissing his appeal of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction to re... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472008/ | MEMORANDUM *
Pablo Cobb appeals the district court’s order denying his petition for a writ of habeas corpus. We affirm. On the basis of the record before us, we cannot say that the California Court of Appeal acted contrary to clearly established federal law in concluding that Cobb’s confession was admissible.1 See 28 U... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472009/ | BERZON, Circuit Judge,
dissenting:
I dissent.
I would hold that the California appellate court’s conclusion that Pablo Cobb did not unambiguously invoke his Fifth Amendment right to counsel “involved an unreasonable application of ... clearly established Federal law.” 28 U.S.C. § 2254(d). Accordingly, I would reverse t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472015/ | MEMORANDUM *
Ann Standley appeals from the district court’s summary judgment to Elko County on her section 1983 claims and its dismissal of her remaining state law claims. The facts are well-known to the parties; we need not repeat them here.
The district court properly granted summary judgement to Elko County because ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8478104/ | ORDER
The parties having so agreed, it is
*117ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b). | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472016/ | MEMORANDUM *
Elias Velgara-Chavez appeals his conviction for attempted illegal reentry after deportation in violation of 8 U.S.C. § 1326(a), with a sentence enhancement pursuant to § 1326(b)(2), and challenges his 51-month sentence as substantively *217and procedurally unreasonable. We affirm.
Velgara-Chavez contends t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472018/ | MEMORANDUM **
Ronald P. Foster, a California state prisoner, appeals from the district court’s entry of summary judgment in favor of state prison officials M.D. McDonald, D.J. Davey, and R. St. Andre. McDonald reassigned Foster from a single cell to a cell shared with another inmate. Foster refused the order to share a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472021/ | MEMORANDUM ***
Christine Baker appeals pro se the district court’s grant of summary judgment in favor of Equifax Information Services, Retailers National Bank, and Capital One Bank (collectively “Defendants”). Baker sued Defendants in district court for the District of Arizona for violations of the Fair Credit Reportin... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472023/ | *222MEMORANDUM **
The Board of Immigration Appeals (BIA) dismissed Miguel Ramos Flores’ appeal from the Immigration Judge’s (IJ’s) decision denying his application for cancellation of removal, and denied his motion to reconsider. Ramos petitions for review. We have jurisdiction because the petition raises a “colorable”... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472025/ | MEMORANDUM ***
Sampuran Singh, a native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the determinations of an immigration judge (“IJ”) that Singh is ineligible for asylum and withholding of removal because he engaged in terrorist related activities. We h... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472029/ | MEMORANDUM *
Petitioner Jeanne Barthold raises two appeals. First, she challenges an order of the Board of Immigration Appeals (“BIA”) affirming the denial of her applications for asylum, withholding of removal, and relief *229under the Convention Against Torture (“CAT”) (“2005 Order”). Second, she challenges an order ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472031/ | MEMORANDUM ***
Carl E. Person, pro se, appeals the district court’s dismissal of his Second Amended Complaint (“SAC”) against Google, Inc. Person alleged that Google violated the Sherman Act § 2 for “monopolizing and combining to monopolize the search advertising market and submarket for monetizing the traffic of commu... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472230/ | SUMMARY ORDER
Plaintiffs-appellants, Mitchell Camarda et al. (collectively, the “plaintiffs”), appeal from a summary judgment entered on September 18, 2007, 2007 WL 2702825, in the United States District Court for the Southern District of New York (Brieant, J.), in favor of defendants-appellees Snapple Distributors, I... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472017/ | MEMORANDUM *
Elias Velgara-Chavez appeals his conviction for attempted illegal reentry after deportation in violation of 8 U.S.C. § 1326(a), with a sentence enhancement pursuant to § 1326(b)(2), and challenges his 51-month sentence as substantively *217and procedurally unreasonable. We affirm.
Velgara-Chavez contends t... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472019/ | MEMORANDUM **
Ronald P. Foster, a California state prisoner, appeals from the district court’s entry of summary judgment in favor of state prison officials M.D. McDonald, D.J. Davey, and R. St. Andre. McDonald reassigned Foster from a single cell to a cell shared with another inmate. Foster refused the order to share a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472020/ | MEMORANDUM ***
Christine Baker appeals pro se the district court’s grant of summary judgment in favor of Equifax Information Services, Retailers National Bank, and Capital One Bank (collectively “Defendants”). Baker sued Defendants in district court for the District of Arizona for violations of the Fair Credit Reportin... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472022/ | *222MEMORANDUM **
The Board of Immigration Appeals (BIA) dismissed Miguel Ramos Flores’ appeal from the Immigration Judge’s (IJ’s) decision denying his application for cancellation of removal, and denied his motion to reconsider. Ramos petitions for review. We have jurisdiction because the petition raises a “colorable”... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472024/ | MEMORANDUM ***
Sampuran Singh, a native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the determinations of an immigration judge (“IJ”) that Singh is ineligible for asylum and withholding of removal because he engaged in terrorist related activities. We h... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472026/ | MEMORANDUM *
Weddington appeals from the district court’s summary judgment for United National Insurance Company (United National). The district court had jurisdiction under 28 U.S.C. § 1332. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.
We will affirm the district court if the insurance policy at issue... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472028/ | MEMORANDUM *
Petitioner Jeanne Barthold raises two appeals. First, she challenges an order of the Board of Immigration Appeals (“BIA”) affirming the denial of her applications for asylum, withholding of removal, and relief *229under the Convention Against Torture (“CAT”) (“2005 Order”). Second, she challenges an order ... | 01-04-2023 | 11-05-2022 |
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