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9th Circuit News

Ninth Circuit blog summary and the direct link to "A Defender's guide to sentencing and habeas advocacy regarding BOP issues".

CA9 -- arizona's sexual conduct with a minor crime is not an aggravated felony.
http://www.ca9.uscourts.gov/datastore/opinions/2010/05/20/07-74999.pdf

NOTICE from the U.S. Court of Appeals for the Ninth Circuit about Electronic Case Filing. 7/2008
Attached is a 9th Circuit case which makes the important point, that we cannot afford to miss, that while Irizarry says no notice of the judge's intention to vary is required, notice of the facts is required.

Harmless error here, but that's the main point.
New 9th Case Opens Drug Treatment 1-Year Reductions for 922(g)(1) Cases 2.20.08
Arrington v. Daniels
Attached please find Oregon Chief Deputy FPD Steve Sady's excellent Fourth Amendment outline for 2007. This is easily the best Fourth Amendment resource available for Ninth Circuit practice, and Steve is famous for gleaning the little nuggets out of decisions that often get overlooked in the Westlaw summaries or the case summary blurbs. 11/2007
The seach and seizure outline has been updated. Here's the link.
http://circuit9.blogspot.com/2007/11/search-and-seizure-update.html
Amendments to the Federal Rules of Appellate Procedure for the Ninth Circuit Court of Appeals effective, December 1, 2006
Here is the en banc brief filed on behalf of Carty/Zavala addressing sentencing post-Booker in the 9th. 9/2006
Attached is a memo entitled "ANTIDOTE TO THE KOOL-AID:  GIVING THE GUIDELINES SUBSTANTIAL OR PRESUMPTIVE WEIGHT IS CONSTITUTIONALLY, TEXTUALLY AND FACTUALLY UNSOUND," and a blog by Steve Sady on a new case from the 9th holding that a rebuttable presumption in the district court is error, which strongly indicates that a presumption of reasonableness on appeal must be error too.

Though your circuit may have already held that substantial weight is fine in the district court (1st) and/or a presumption of reasonableness is required on appeal (4th, 5th, 6th (sort of), 7th, 8th, 10th), it seems likely that the Supreme Court is going to shed light on this question in Cunningham, so preserve the argument, file petitions for rehearing, file petitions for cert. Antidote to the kool-aid ,
zavala - trial court's treatment of guidelines as presumptive reversed

4.19.06

Steve Sady's latest submission to the 9th Circuit Blog in its entirety. It is a must-read for anyone who has had to listen to the government and/or the court go on (and on and on) about the reasonableness of the guidelines and the deference they should be afforded. 2/2006

2/2006
Milan Smith nominated to the Ninth, to replace Judge Tashima. Here's a website with his bio:
http://www.scrplaw.com/attorneys.htm
Tear It Asunder: DOJ's Position on the 9th Cir Split 11/2005

 

 
 

 

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