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| Benitez v. Garcia, No. 04-56231,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 8, 2007, Amended
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Overview: California inmate's § 2254 habeas petition was improperly denied because his 15 years to life sentence for murder exceeded scope of U.S.-Venezuela extradition treaty. Although 30-year limitation for which he argued was not enforceable because U.S. had not agreed to it, Venezuelan expectation that inmate not be given life sentence had to be honored.
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| Engquist v. Or. Dep't of Agric., No. 05-35170, No. 05-35263,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 8, 2007, Filed
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Overview: U.S. Const. amend. XIV claims of State of Oregon employee were invalid as matter of law; class-of-one theory of equal protection was inapplicable to public employer's decisions, and insufficient evidence supported occupational liberty substantive due process claim. Or. Rev. Stat. § 31.735 properly applied to punitive damages for state tort claim.
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| Graves v. Comm'r, No. 04-75843,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 8, 2007, Filed
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| Salina v. Providence Hospice, No. 05-35624,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 8, 2007, Filed
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Overview: District court properly granted summary judgment on the claim under Washington Law Against Discrimination because the employer was a nonprofit religious organization exempt from that statute's coverage. The employee waived her argument that she had 300 days to file her ADA charge with the Equal Employment Opportunity Commission.
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| Tapuro v. Gonzales, No. 04-75218,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 8, 2007, Filed
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Overview: BIA did not abuse its discretion in denying a motion to reopen that was filed by a Philippine citizen who was found removable after conceding substance abuse during college; 8 U.S.C.S. § 1255(a) required prima facie eligibility for relief to grant a motion to reopen, and 8 U.S.C.S. § 1182(a)(2)(A)(i)(II), (h) precluded admissibility.
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| United States v. Borra, No. 03-10374,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 8, 2007, Filed
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| United States v. Bright, No. 06-50142,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 8, 2007, Filed
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| United States v. Contini, No. 05-30571,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 8, 2007, Filed
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Overview: Defendant's sentence was affirmed because $ 7.1 million was a reasonable estimate of the software defendant sold, and the district court did not err by setting loss at this amount based on the record before it. The record showed that defendant exercised supervisory authority over other former employees in committing the crime.
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| United States v. Lopez-Perete, No. 06-30109,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 8, 2007, Filed
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