7 results for 'judge:"Bumatay "'.
J. Bumatay finds that the district court properly entered convictions for conspiracy and aiding and abetting the receipt of the proceeds of extortion. Defendants alleged that the conviction in question for extortion required knowledge that the money at issue was obtained from extortion, which the panel rejected. However, the restitution amount is vacated and the matter is remanded for recalculation. The case centers on a conspiracy to kidnap Mexican nationals seeking to enter the United States illegally and extort ransom payments from their families. Affirmed in part.
Court: 9th Circuit, Judge: Bumatay, Filed On: March 5, 2024, Case #: 22-50046, Categories: Immigration, Conspiracy, Extortion
J. Bumatay finds that the district court properly denied a habeas corpus petition challenging defendant's Nevada conviction and death sentence for robbery, burglary, and the first-degree murder of his former girlfriend's father. Defendant claimed that the Antiterrorism and Effective Death Penalty Act���s (AEDPA) deferential standard applies to his right-to-present-a-complete-defense claim. Defendant waived this issue by not presenting it to the district court. Affirmed.
Court: 9th Circuit, Judge: Bumatay , Filed On: February 9, 2024, Case #: 16-99000, Categories: Death Penalty, Habeas, Murder
J. Bumatay amends an opinion denying a petition for rehearing and amends an opinion reversing the district court���s dismissal of the California Restaurant Association���s action alleging that the federal Energy Policy and Conservation Act (EPCA) preempts a City of Berkeley regulation that prohibits the installation of natural gas piping within newly constructed buildings. The EPCA preempts building codes like Berkeley���s ordinance that ban natural gas piping within new buildings. "In dismissing the suit, the district court limited EPCA���s preemptive scope to ordinances that facially or directly regulate covered appliances."
Court: 9th Circuit, Judge: Bumatay, Filed On: January 2, 2024, Case #: 21-16278, Categories: Energy, Municipal Law
J. Bumatay finds that the district court properly made a finding of contempt on certain counts in a software copyright infringement litigation. The permanent injunction generally prohibited a company from preparing derivative works from or distributing certain types of the copyright holder's software. However, the lower court improperly held the company in contempt for creating copies of the copyright holder's Database file on its systems. Affirmed in part.
Court: 9th Circuit, Judge: Bumatay, Filed On: August 24, 2023, Case #: 22-15188, Categories: Copyright
J. Bumatay finds that the district court properly dismissed an action brought by plaintiffs from Louisiana and Indiana for a plane crash that occurred in Indiana. The pilot of the plane and the two passengers were killed instantly when the plane crashed shortly after takeoff. The lower court correctly held that it lacked personal jurisdiction. Affirmed.
Court: 9th Circuit, Judge: Bumatay, Filed On: June 23, 2023, Case #: 22-35099, Categories: Jurisdiction
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J. Bumatay finds that the district court properly dismissed an action for failure to state a claim in a matter alleging that police officers used excessive force when they shot and killed an individual who was known to the officers to be homeless and mentally ill, after he pointed a black toy airsoft rifle in their direction. Under the totality of the circumstances, it was objectively reasonable for the officers to believe that the individual posed an immediate threat. Affirmed.
Court: 9th Circuit, Judge: Bumatay, Filed On: May 31, 2023, Case #: 22-15761, Categories: Civil Rights
J. Bumatay finds that the district court improperly issued an order disqualifying the entire District of Arizona U.S. Attorney���s Office and directing the Department of Justice to supply an attorney from outside Arizona in a matter in which the government charged 19 alleged members of the Western Hills Bloods with multiple offenses. The district court���s sweeping disqualification order was an abuse of discretion because disqualification of an entire U.S. Attorney���s Office is an extreme remedy that should only be used in extraordinary circumstances. Reversed.
Court: 9th Circuit, Judge: Bumatay, Filed On: May 18, 2023, Case #: 22-10174, Categories: Judiciary, Gangs