Willamette Law Online

(9 summaries)

Riley Makin

9th Circuit Court of Appeals

TitleExcerptFilling Date
Drake v. ObamaCivil Procedure: In order for candidates to have competitive standing (standing based on the "inclusion of a disqualified rival"), they must file a claim for relief before the election is over and the elected official is sworn in.(12-22-2011)
United States v. RuddSentencing: A sentencing judge commits procedural error when she imposes a 2000 foot residency condition, not otherwise found in the plea agreement, when the reason is not apparent from the record or the judge fails to articulate why the condition is appropriate.(11-23-2011)
United States v. DuganConstitutional Law: 18 U.S.C. § 922(g)(3), which prohibits controlled substance users or addicts from shipping or possessing firearms and ammunition, does not violate the Second Amendment.(09-20-2011)
Withrow v. Bache Halsey Stuart ShieldInsurance Law: A person does not have reason to know that their claim has been denied when the provider fails to tell the client that accepting further payments will bar future action, continues to encourage the client to provide information to aid an internal review of the claim, and never directly communicates that the provider will deny future findings.(08-23-2011)
United States v. ParkerCriminal Law: The State may not prosecute an individual under 18 U.S.C. § 1382 unless that person violates the rule on land which is either owned or under the exclusive right of possession of the military.(08-22-2011)
United States v. WatersCriminal Law: When considering a sentence modification pursuant to Rule 706, a district court may apply a career offender enhancement during modification proceedings so long as the original sentencing court found that the defendant was eligible for that enhancement.(08-19-2011)
Jachetta v. United StatesCivil Procedure: Although 25 U.S.C. § 345 waives sovereign immunity of the federal government in condemnation proceedings, it does not do so for inverse-condemnation actions; 25 U.S.C. § 345 does not extend waiver of immunity against states.(08-01-2011)
United States v. SpentzCriminal Procedure: A defendant is not entitled to a jury instruction unless he offers minimal evidence which satisfies all elements of the defense; a multi-million dollar payoff for stealing cocaine from a drug cartel does not satisfy the inducement prong of entrapment.(07-28-2011)
Ingrim v. OroudjianAttorney Fees: It is not an abuse of discretion when a district judge awards attorney fees based on settlement discussions, superfluous work, and the judges own experience of what constitutes reasonable compensation.(07-27-2011)