Tag Archives: o&#039

Case o' The Week: Ninth Nixes Extortion Contortions – Edling and "Crime of Violence" Under Guideline Definition

  Did Tony Soprano extort by threatening “physical injury” to his victim's iPad?  (Yeah, the Ninth doesn’t think so, either.)United States v. Edling, 2018 WL 2752208 (9thCir. June 8, 2018), decision available here.Players: Decision by Judge Watford, joined by C.J. … Continue reading

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Case o' The Week: Faster than a speeding jet – Shimabukuro and Custodial Terms for Supervised Release

  Defense counsel flew for six hours, from SFO to Honolulu, after oral argument in San Francisco  The Ninth was considerably faster: it took only four hours to deliver the per curiam victory.   United States v. Shimabukuro, 2018 WL … Continue reading

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Case o' The Week: Deep in the Heart of Texas – Aubry Johnson and Primary Jurisdiction for State and Federal Custody

 Release, release, release encore: Texas bungles, Ninth deplores ignores. Aubry Johnson v. Gill, 2018 WL 943991 (9thCir. Feb. 20, 2018), decision available here.Players:Decision by Judge Ikuta, joined by Judge Tallman.   Dissent by visiting Chief D.J. Oliver.Facts: In Texas state court, … Continue reading

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Case o' The Week: "Tend to Your own Knitting," Ninth Warns Gov't – Wells and CJA Appointments

“As Justice Louis D. Brandeis warned many years ago: ‘The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.’ Olmstead v. United States, 277 U.S. 438, 479, 48 S.Ct. 564, 72 L.Ed. 944 … Continue reading

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Case o' The Week: Expert Case A Bitter Pill to Swallow – Diaz and Expert Testimony on Ultimate Legal Issue

  A doc prescribes 5 million opiate pills in four years.  (Yet the government still needs an expert to opine on the ultimate legal issue: that this was “outside the usual course of professional practice?”)United States v. Julio Diaz, 2017 … Continue reading

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