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| Arakaki v. Lingle, No. 04-15306,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2007, Filed
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Overview: In light of the Supreme Court's decision in DaimlerChrysler, the United States Court of Appeals for the Ninth Circuit held that plaintiffs, as Hawaiian state taxpayers, lacked standing to bring a suit claiming that the Office of Hawaiian Affairs programs that ware funded by state tax revenue violated the Equal Protection Clause.
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| Don v. Gonzales, No. 03-74431,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2007, Filed
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Overview: In an asylum case, where the BIA upheld the adverse credibility finding of an IJ, a federal court of appeals affirmed because inconsistencies regarding a crucial date went to the heart of the claim of the aliens, who were a family from Sri Lanka, and interactions with the Terrorist Detective Bureau undermined the husband's claim of fear.
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| Morrissette v. A&W Alaska, Inc., No. 05-35479,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2007, Filed
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Overview: Triable fact issue existed as to whether plaintiff was entitled to restitution under unjust enrichment theory. She said she gave possession of station to defendant when he promised to buy station but, instead of returning station to plaintiff after opting not to buy it, defendant gave it to company in exchange for release of obligations to company.
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| Nguyen v. Garcia, No. 05-56596,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2007, Filed
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Overview: California Court of Appeal's decision not to apply Wainwright and Doyle to the inmate's competency hearing was not contrary to federal law. The court correctly explained that the nature of the proceeding in the case distinguished it from Wainwright, and that a mental competency hearing did not involve any penalty.
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| Tatarinov-Valereveich v. Gonzales, No. 05-56021,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2007, Filed
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Overview: Evidence did not compel conclusion that IJ erred when he determined that alien failed to show past persecution because vague threat that alien experienced could not rise to level of persecution. That same men came to alien's apartment and asked for him on one occasion did not change conclusion that substantial evidence supported IJ's determination.
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| United States v. Diaz, No. 06-30324,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2007, Filed
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Overview: District court properly denied motion to suppress evidence discovered during search of defendant's car, as officer had reasonable suspicion to believe defendant might have been armed and dangerous based on his refusal to give information concerning his identity in apparent effort to conceal his involvement in possible dangerous criminal activities.
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| United States v. Hammock, No. 06-30233,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2007, Filed
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Overview: Government had to establish facts underlying adjustment under USSG § 2K2.1(b)(6) for possessing firearm in connection with another felony offense only by preponderance of evidence, as adjustment was less than or equal to four levels, did not cause sentence to exceed statutory maximum, and did not more than double applicable USSG sentencing range.
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| United States v. Michaud, No. 06-30315,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2007, Filed
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Overview: District court did not err by applying enhancement under USSG § 2D1.1(b)(1), as it was not clearly improbable that pistol found in garage of defendant's residence was connected to his drug offenses. Defendant owned pistol, he had access to garage, pistol was found near drug-packing materials, and pistol was hidden in hat that he wore to drug sales.
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| United States v. Sales, No. 06-50219,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 9, 2007, Filed
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Overview: Further clarification of one condition of defendant's supervised release was needed where condition required defendant's probation officer to determine whether defendant was continuing to misuse his computer and peripheral equipment to create, store, and/or print counterfeit currency. The condition was far too broad, and the condition was vacated.
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