OPINION WALLACE, Senior Circuit Judge: Petitioners McDaniels and Jenkins appeal from the separate district court judgments denying their 28 U.S.C. 2254 habeas petitions. We consider their appeals together. Petitioners were tried and convicted together in the Alameda County Superior Court of California on a charge of first degree murder, among others. Here we consider only their argument, based on Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), that the prosecutor...
OPINION PAEZ, Circuit Judge: In this petition for review of a decision by the Board of Immigration Appeals ("BIA" or "Board"), we address whether Petitioner Rigoberto Aguilar-Turcios's conviction under Article 92 of the Uniform Code of Military Justice ("UCMJ") qualifies as an "aggravated felony" as defined in 8 U.S.C. 1101(a)(43)(I). For the reasons discussed below, we conclude that Aguilar-Turcios's Article 92 conviction is not an aggravated felony. We therefore grant the petition and...
OPINION WALLACE, Circuit Judge: Brandon Hullaby appeals from his judgment of conviction for conspiracy to possess with intent to distribute more than five kilograms of cocaine under 21 U.S.C. 841(a)(1) and (b)(1)(A)(ii) and possession of a firearm in furtherance of the conspiracy under 18 U.S.C. 924(c)(1)(A)(i). Hullaby objects to various trial rulings by the district court. Here, we consider only his contention that the government engaged in outrageous conduct during the investigation...
OPINION McKEOWN, Circuit Judge. Kevin Leroy Crowder appeals from a sentence of 14 months' imprisonment and lifetime supervised release. The issue we consider is whether 18 U.S.C. 3583(h), which authorizes an additional term of supervised release following revocation of supervised release, permits imposition of a lifetime term of supervised release. We join our sister circuits in holding that it does. See United States v. Cassesse, 685 F.3d 186 , 191 (2d Cir. 2012); see also United...
ORDER These cases require us to decide, as a matter of California law, the proper interpretation of Section 14 in California Wage Order 4-2001 and California Wage Order 7-2001. 1 Both sections address the circumstances under which an employer has an obligation to provide an employee with a seat. We respectfully request that the California Supreme Court exercise its discretion to decide the certified questions set forth below. I. Questions Certified The applicable Wage Orders require that an...
OPINION FISHER, Circuit Judge: Richard Kennedy appeals an order of the district court affirming the decision to deny him supplemental security income benefits. He argues that he equals the listed impairment for intellectual disability because his physical impairments are so severe that they compensate for the onepoint difference between his recorded IQ score and the score required under the listing. At the third step of the five-step sequence for evaluating disability claims, a claimant...
OPINION N.R. SMITH, Circuit Judge: Municipalities in Idaho do not have the power to exercise eminent domain extraterritorially for the purpose of constructing electric transmission lines. Neither the Idaho Constitution nor the Idaho Legislature has expressly or impliedly given Idaho's cities that power. Because cities in Idaho are "creature[s] of the state," they cannot receive that power from any other source. Caesar v. State, 101 Idaho 158 , 610 P.2d 517 , 519 (1980). Because the City...
OPINION TASHIMA, Circuit Judge: Legal Voice, f/k/a Northwest Women's Law Center ("Law Center"), appeals the district court's denial of sanctions and costs under Federal Rule of Civil Procedure 45(d) ("Rule 45(d)"). 1 We must determine first whether we have jurisdiction over this appeal and, if so, whether the district court abused its discretion in denying the Law Center's requests for costs and sanctions. As to the first question, we conclude that we have jurisdiction. As to the merits,...
OPINION BERZON, Circuit Judge. Israel Arnold() Caceres-011a pleaded guilty, under 8 U.S.C. 1326, to unlawful reentry into the United States. Sentences for that offense are governed by United States Sentencing Guideline ("Guideline") 2L1.2. This case presents the question whether a prior felony conviction under Florida Statutes section 800.04(4)(a) for lewd or lascivious battery qualifies as a "crime of violence" for purposes of that Guideline. We hold that it does not, because the crime...
ORDER AND AMENDED OPINION ORDER The amended opinion filed on February 13, 2013 is amended by eliminating the following part of the opinion: At Slip opinion page 13 at " When a color " through to page 14 ending immediately before " Argument to the Jury. " Insert in its place the following paragraph: "On remand the plaintiff may prevail on the proposition that for the jail to apply the dress-out in pink procedure automatically to a man its own staff had identified as in need of psychiatric...
OPINION O'SCANNLAIN, Circuit Judge: We must decide whether a bankruptcy plan, which allegedly leaves a group of insurers paying more than their fair share on a large number of asbestos personal injury claims, complies with the Bankruptcy Code. I A Plant Insulation Co. ("Plant") is a California corporation that was founded in 1937 and made a successful business selling Fiberboard-manufactured asbestos-based insulation through 1971. Beginning in the 1970s, there came a "flood of lawsuits"...
OPINION SCHROEDER, Circuit Judge: DeMario Edwards appeals his 46-month sentence following a guilty plea for possession of a firearm by a felon in violation of 18 U.S.C. 922(g)(1) & 924(a)(2). The principal issue on appeal is the constitutionality of a provision of the federal Sentencing Guidelines that assigns criminal history points for crimes that were committed when the defendant was a juvenile. U.S. Sentencing Guidelines ("U.S.S.G.") 4A1.2(d)(2)(A). Edwards contends that considering...
ORDER OPINION BYBEE, Circuit Judge. Appellant's motion for leave to file a reply brief in support of its petition for rehearing and rehearing en banc, filed on November 6, 2013, is GRANTED. Appellant's petition for rehearing, filed on September 24, 2013, is GRANTED IN PART. The court's opinion, filed on September 10, 2013, and appearing at 729 F.3d 1362 (9th Cir. 2013), is hereby AMENDED. An amended opinion is filed concurrently with this order. Judge Bybee votes to deny Appellant's...
OPINION N.R. SMITH, Circuit Judge: Plaintiffs Alexander Graham-Sult and David Graham appeal the district court's disposition of: (1) a motion to dismiss; (2) a special motion to strike under California's anti-SLAPP statute; and (3) related attorney's fees awards. We affirm the disposition of the motion to strike in part and reverse in part. Striking Plaintiffs' conversion and unjust enrichment claims against Nicholas Clainos was erroneous, because: (a) taking possession of personal property,...
OPINION BERZON, Circuit Judge: Our question concerns the propriety of a preliminary injunction issued with regard to a dispute over membership in an Indian tribe. "`[A] tribe's right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community.'" Cahto Tribe of Laytonville Rancheria v. Dutschke, 715 F.3d 1225 , 1226 (9th Cir. 2013) (quoting Santa Clara Pueblo v. Martinez, 436 U.S. 49 , 72 n. 32, 98 S.Ct. 1670,...
OPINION FARRIS, Senior Circuit Judge: Knapp is a California state prisoner who alleges various civil rights claims against prison and other state officials under 42 U.S.C. 1983. The general theory behind these claims is that prison officials began a long course of retaliatory conduct, of which the governmental actors were aware, because of Knapp's mother's website—a website dedicated to exposing prison corruption and fighting for inmates' rights. The district court granted summary judgment...
OPINION McKEOWN, Circuit Judge: Kevin Leroy Crowder appeals from a sentence of 14 months' imprisonment and lifetime supervised release. The issue we consider is whether 18 U.S.C. 3583(h), which authorizes an additional term of supervised release following revocation of supervised release, permits imposition of a lifetime term of supervised release. We join our sister circuits in holding that it does. See United States v. Cassesse, 685 F.3d 186 , 191 (2d Cir.2012); see also United States...
OPINION WARDLAW, Circuit Judge: In this trademark infringement action, Hokto Kinoko Co. (Hokto USA), a wholly owned subsidiary of Hokuto Co., Ltd. (Hokuto Japan), sued Concord Farms, Inc. (Concord Farms) for violating its rights to marks under which it markets its Certified Organic Mushrooms, which are produced in the United States. Hokto USA claimed that Concord Farms wrongly imported and marketed mushrooms under its marks for Certified Organic Mushrooms, but which were cultivated in Japan...
OPINION GOULD, Circuit Judge: We must decide whether border patrol agents permissibly stopped a vehicle on a highway linked to the border. On the one hand, border patrol agents must keep our country safe by curbing the smuggling of undocumented aliens and drugs. On the other, our nation values individual autonomy and privacy, values reflected in the Fourth Amendment. The United States Supreme Court has held that a roving border patrol can stop a vehicle for a brief investigatory stop based on...
OPINION OPINION BERZON, Circuit Judge: Israel Arnoldo Caceres-Olla pleaded guilty, under 8 U.S.C. 1326, to unlawful reentry into the United States. Sentences for that offense are governed by United States Sentencing Guideline ("Guideline") 2L1.2. This case presents the question whether a prior felony conviction under Florida Statutes section 800.04(4)(a) for lewd or lascivious battery qualifies as a "crime of violence" for purposes of that Guideline. We hold that it does not, because the...
