Cases

MATHESON, Circuit Judge. *1187TABLE OF CONTENTS I. BACKGROUND....1189 A. Factual Background....1189 B. Procedural Background....1191 II. DISCUSSION....1192 A. Issue One: Constitutionality of

ORDER GRANTING DEFENDANT’S ... MOTION TO DISMISS EDWARD M. CHEN, United States District Judge I. INTRODUCTION On-January 20, 2015, Defendants Jonathan Flores-Ayar and Kevin Baires-Reyes allegedly committed an armed robbery of a Quick Pick Market in Daly City. Docket No. 1 (Compl.) at ¶ 9. Flores-Ayar allegedly pointed a gun at the Quick Pick Market employee, and demanded money and a

390 F.Supp.2d 925 (2005) UNITED STATES of America, Plaintiff, v. Sergio Taroya MENDOZA, Defendant. No. CR 05-00384 JW. United States District Court, N.D. California. October 6, 2005. *926 *927 Matthew A. Lamberti, U.S. Attorney's Office, San Jose, CA, for Plaintiff. Lara Suzanne Vinnard

O’SCANNLAIN, Circuit Judge, concurring in part: I would affirm Judge Aguilar’s conviction for disclosure of a wiretap under 18 U.S.C. § 2232(c) but would reverse his conviction for obstruction of justice under 18 U.S.C. § 1503. Thus, I concur in the result reached by Judge Hall as to Count Six and in the result reached by Judge Hug as to Count Eight. As to the appeal of the sentence, we

994 F.2d 609 UNITED STATES of America, Plaintiff-Appellee,v.Robert P. AGUILAR, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant,v.Robert P. AGUILAR, Defendant-Appellant-Cross-Appellee. Nos. 90-10597, 91-10024. United States Court of Appeals,Ninth Circuit. Argued and Submitted Dec. 12, 1991.Decided May 12, 1993.A

OPINION COLE, Chief Judge. In Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), the Supreme Court held the Armed Career Criminal Act’s residual definition of “violent felony” void for vagueness. 18 U.S.C. § 924(e)(2)(B)(ii). In this case, we consider whether that pathmarking decision applies to the Immigratio

Roger L. Efremsky, U.S. Bankruptcy Judge I. INTRODUCTION In 2014, defendant Nelli Markushevska was employed as a bookkeeper at plaintiff Allure Labs, Inc. ("Allure"). While she was employed there, she embezzled $137,000 (the "Embezzlement"). When Allure discovered this, it sued her and her husband Marlon J. Aviles (collectively, with Nelli Markushevska, "Defendants") in state court and obtained an

Filed 10/14/20 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F077943 Plaintiff and Respondent, (Super. Ct. No. BF165489A) v. CARLOS RAZO CERVANTES, O

Filed 1/15/21 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F078357 Plaintiff and Respondent, (Super. Ct. No. BF172138A) v. CARLOS ALEJANDRO MONTES,

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-1828 MARVIN DUBON MIRANDA; AJIBADE THOMPSON ADEGOKE; JOSE DE LA CRUZ ESPINOZA, Plaintiffs – Appellees, v. MERRICK B. GARLAND, Attorney General; ALEJANDRO N. MAYORKAS, Secretary; MATTHEW T. ALBENCE, Deputy Director and Senior Official Performing the Du

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-1828 MARVIN DUBON MIRANDA; AJIBADE THOMPSON ADEGOKE; JOSE DE LA CRUZ ESPINOZA, Plaintiffs – Appellees, v. MERRICK B. GARLAND, Attorney General; ALEJANDRO N. MAYORKAS, Secretary; MATTHEW T. ALBENCE, Deputy Director and Senior Official Performing the Du

Filed 6/22/22 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F079222 Plaintiff and Respondent, (Super. Ct. Nos. BF169286A–C) v. JUAN ALEJANDRO MONTANO et al.,

Opinion JOHNSON, J. A jury convicted Ricardo Valenzuela of five counts of attempted murder, one count of second degree murder, and three counts of shooting at an occupied motor vehicle, and found true related firearm and gang allegations. The court sentenced Valenzuela to 230 years to life in prison. Valenzuela appeals, claiming instructional and other error. We order the judgment modified but affirm in all o

Filed 3/6/20 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, H043870 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1247403) v. JAVIER RUBEN RODRIGUEZ GARCIA, Defendant and Appellant.

MATHESON, Circuit Judge. Table of Contents I. Background...982 A. Factual Background...982 1. Mr. Williams's Arrest and Transfer to TCSO Custody...982 2. Mr. Williams's Injury and Lack of Treatment...982 a. October 22-Response to initial injury and transfer to medical unit...982 b. October 23-24-Continued paralysis and arrival of m

177 F.Supp.2d 933 (2001) Constance FREDERICK, Plaintiff, v. HARVEY'S IOWA MANAGEMENT CO., INC. and David Fulkerson, Defendants. No. 1-00-CV-10030. United States District Court, S.D. Iowa, Western Division. August 2, 2001. *934 Dennis M. O'Bryan, John E. Drumm, O'Bryan Law Center PC, Birmingham, MI, Michael J. Davenport, Willson &

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DANIEL CAMPBELL; et al, * No. 15-56990 Plaintiffs-Appellants, D.C. No. v. 2:04-cv-08592- AG-AJW CITY OF LOS ANGELES, Defendant-Appellee. CESAR MATA,

283 F.Supp.2d 1104 (2003) Michael Patrick MCELVAIN, Petitioner, v. Gail LEWIS, Warden, and Attorney General of the State of California, Respondents. No. CV 01-5634-DOC(RC). United States District Court, C.D. California. September 18, 2003. *1105 *1106 *1107