| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-72404
|
Hoque v. Ashcroft
Immigration judge's adverse credibility finding regarding petitioners' testimony that they were persecuted due to political belief isn't supported by substantial evidence. |
Immigration |
|
Jun. 29, 2004 | |
|
03-10419
|
U.S. v. Benitez-Perez
Defendant's earlier possession for sale conviction is 'drug trafficking' offense justifying 16 level sentencing enhancement. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
01-10298
|
U.S. v. Arellano-Gallegos
District court's failure to ascertain whether defendant's waiver of appeal was knowing and voluntary before acceptance of plea was plain error. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
01-35972
|
U.S. v. Ratigan
Court's subject matter jurisdiction over bank robbery charge cannot be undemined by insufficient evidence of bank's FDIC insurance status. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
00-55689
|
Nord v. Black & Decker Disability Plan
Order |
|
Jun. 29, 2004 | ||
|
03-50160
|
U.S. v. Hernandez-Vermudez
Illegal alien who enters U.S. without inspection and commits aggravated felony is subject to administrative removal. |
Immigration |
|
Jun. 29, 2004 | |
|
02-16820
|
Edwards v. Marin Park Inc.
Under Federal Rule of Civil Procedure 8(a), plaintiff's retaliation claim is sufficient to survive motion to dismiss. |
Civil Procedure |
|
Jun. 29, 2004 | |
|
02-72978
|
Cazarez-Gutierrez v. Ashcroft
Drug offense that is not punishable as felony under federal law cannot be used to find immigrant ineligible for cancellation of removal. |
Immigration |
|
Jun. 29, 2004 | |
|
02-70662
|
Lin v. Ashcroft
BIA should have considered expanded record presented by immigrant after original counsel failed to present it. |
Immigration |
|
Jun. 29, 2004 | |
|
02-30209
|
U.S. v. Williams
Court improperly required defendant to take psychotropic medication as condition of supervised release. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-15586
|
Hatton v. Bonner
Amended opinion |
|
Jun. 29, 2004 | ||
|
02-30185
|
U.S. v. Christian
Police did not exceed proper scope of investigatory stop by demanding defendant's identification. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-56792
|
Neilson v. United States (In re Olshan)
Bankruptcy court erred in rejecting single item in IRS's proof of claim to disallow entire claim against debtor. |
Taxation |
|
Jun. 29, 2004 | |
|
02-30035
|
U.S. v. Phillips
Under sentencing guidelines, district court must include all reliable cleanup expenses for determination of enhancement. |
Environmental Law |
|
Jun. 29, 2004 | |
|
02-17094
|
Nedra Johnson v. W.L. Gore & Assoc.
Employers elapsed-time regulation did not violate ERISA's vesting and benefit accrual requirements. |
Employment Law |
|
Jun. 29, 2004 | |
|
02-36101
|
Zurich American Insurance Co. v. Whittier Properties Inc.
Contamination clean-up insurance policy may not be rescinded based on insured's misrepresentations. |
Environmental Law |
|
Jun. 29, 2004 | |
|
03-30085
|
U.S. v. Terry-Crespo
911 call had sufficient indicia of reliability to provide police with reasonable articulable suspicion justifying investigatory stop. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-55164
|
Roe v. City of San Diego
Police officer who was fired for selling sexually explicit video of himself online may sue under First Amendment. |
Constitutional Law |
|
Jun. 29, 2004 | |
|
02-56445
|
Smith v. City of Hemet
Plaintiff's conviction for resisting officers bars action alleging officers used excessive force. |
Civil Rights |
|
Jun. 29, 2004 | |
|
02-15872
|
Moreau v. Air France
Amended opinion |
|
Jun. 29, 2004 | ||
|
00-70157
|
Li v. Ashcroft
Congressional protection extends to Chinese petitioners who resisted and escaped coercive population control policies. |
Immigration |
|
Jun. 29, 2004 | |
|
02-35664
|
United States v. Maginnis
Sale of lottery right should be taxed as ordinary income, not as capital gain. |
Taxation |
|
Jun. 29, 2004 | |
|
02-56522
|
Luong v. Circuit City Stores Inc.
Plaintiff's petition in federal court to vacate arbitration award is dismissed as award is less than amount required for diversity jurisdiction. |
Civil Procedure |
|
Jun. 29, 2004 | |
|
01-70724
|
Ellis v. U.S. District Court (United States of America)
District court exceeds authority in determining plea should be vacated following its rejection of plea agreement. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-56735
|
Associated Builders and Contractors of Southern California Inc. v. Nunn
Amended opinion |
|
Jun. 29, 2004 | ||
|
02-50215
|
U.S. v. Medina-Maella
Prior felony conviction for lewd or lascivious acts on child constitutes conviction for 'crime of violence' under federal sentencing guidelines. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
01-56380
|
Batzel v. Smith
Order |
|
Jun. 29, 2004 | ||
|
01-10222
|
U.S. v. Toliver
Jury's inability to determine quantity or type of drugs involved in conspiracy did not entitled defendants to acquittal. |
Criminal Law and Procedure |
|
Jun. 29, 2004 | |
|
02-16476
|
Singh v. Ashcroft
Scope of habeas jurisdiction does not extend to cases where INS has come to unwise yet lawful decision. |
Immigration |
|
Jun. 29, 2004 | |
|
01-35954
|
Haugen v. Brosseau
Amended opinion |
|
Jun. 29, 2004 |
