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   Federal Courts - 9th Circuit Court of Appeals - February 9, 2006

  
Chamber of Commerce of the United States v. Lockyer, No. 03-55166, No. 03-55169, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2006, Filed
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Hale v. Norton, No. 03-36032, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2006, Filed
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Overview: District court properly held that land owners, whose property was surrounded by a national park and preserve, were required to apply for a permit for temporary use of bulldozers on a road whether or not they possessed a right-of-way over road because existence of right-of-way did not shield them from reasonable regulation by National Park Service.

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Martinez v. Gonzales, No. 03-73510, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2006, Filed
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Smith v. Mitchell, No. 04-55831, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2006, Filed
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Overview: District court erred in denying 28 U.S.C.S. § 2254 habeas petition where state court's affirmance of conviction for assault of child resulting in death, Cal. Penal Code § 273ab, constituted unreasonable application of Jackson; prosecution's expert based opinion of Shaken Infant Syndrome on hypothesis that brain stem was torn in undetectable manner.

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United States v. Meeks, No. 05-30264, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2006, Filed
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Overview: Defendant's conviction and sentence were affirmed because the evidence was sufficient to convict him under 18 U.S.C.S. § 922(g)(1), his prior convictions were properly considered predicate offenses for enhancing his sentence, a prior plea agreement did not foreclose the government from seeking future enhancements, and a search warrant was valid.

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United States v. Resnick, No. 03-10526, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2006, Filed
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Overview: Where, in his plea agreement, defendant expressly waived his right to appeal his sentence under all circumstances, the appeals court lacked jurisdiction to consider his argument that the district court erred by failing to consider at sentencing the United States' motion for a downward departure in sentence.

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