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| Seagal v. Vorderwuhlbecke, No. 04-55475,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: Where the parties' lease contained a broad forum selection clause, the district court properly dismissed plaintiff's complaint for improper venue; even plaintiff's claim for intentional infliction of emotional distress was connected to the lease because it arose from demands for payment for use of or damage to the property.
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| Solares v. Gonzales, No. 04-72476,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: Court denied the petition for review of decisions denying aliens asylum, withholding of removal, and CAT relief; testimony that husband received anonymous threatening messages by someone asking him to join guerilla group did not establish that the recruitment was based on husband's political opinion or any other protected ground.
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| Solorio-Garduno v. Gonzales, No. 04-76285,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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| Togual-Lobos v. Gonzales, No. 04-71294,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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| United States v. Allen, No. 05-50078,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: Appellate court remanded defendant's sentence because U.S. Sentencing Guidelines Manual § 2B5.1 cmt., application n. 4 applied to all of § 2B1.5(b)(2)(A) and the district court had to determine that the quality of the bills for which the devices or materials were used was sufficiently high that the bills could plausibly pass as real currency.
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| United States v. Leyva-Franco, No. 04-10430,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: Where trial court explained why defendant's case was exceptional and found that defendant's conduct was, inter alia, single criminal occurrence, was of limited duration, and represented a marked deviation from defendant's normal conduct, trial court did not err by departing downward under U.S. Sentencing Guidelines Manual § 5K2.20.
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| United States v. Wells, No. 04-50296,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: In a racketeering case, although trial court properly allowed detective to testify as expert on gang activities and limited evidence explaining inculpatory statements made by defendant, court erred by admitting against defendant, under Fed. R. Evid. 801, highly prejudicial statements made during conversations between codefendant and another person.
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| Vallejo v. Gonzales, No. 04-70975,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: In a very brief order, the court denied a petition for review of a decision denying alien cancellation of removal. Alien conceded that a removal order was issued against her in 1998. Even of the alien was allowed to depart voluntarily, her departure interrupted the continuous physical presence required to be eligible for cancellation of removal.
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| Vega v. Gonzales, No. 04-71172,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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