9 results for 'judge:"Christen "'.
J. Christen finds that the district court improperly dismissed an action brought by pension plan participants, alleging that the plan administrator violated ERISA by not providing pension benefit statements automatically or on request. The participants adequately pleaded an ERISA violation based on their allegation that they made written requests which were "sufficient to trigger the duty to produce pension benefit statements." Reversed.
Court: 9th Circuit, Judge: Christen, Filed On: May 9, 2024, Case #: 22-55634, Categories: Employment, Erisa
J. Christen finds that the district court properly issued an order denying an illegal immigrant's motion to dismiss his indictment after being a previously removed alien found in the United States on equal protection grounds but reversed the district court���s order denying his motion to dismiss. The matter is remanded for further proceeding. The illegal immigrant was originally removed from the United States in 2013 through an expedited process after an immigration officer determined that his 2005 conviction for carjacking was an aggravated felony under the Immigration and Nationality Act (INA) because it qualifies as a ���crime of violence.��� Affirmed in part.
Court: 9th Circuit, Judge: Christen , Filed On: March 12, 2024, Case #: 22-50146, Categories: Immigration
J. Christen finds that the district court properly denied a federal habeas corpus petition brought by defendant, who was sentenced to death in 1991 after a California jury convicted him of first-degree murder. Defendant contended that his trial counsel was constitutionally ineffective by failing to investigate, develop and present certain mitigating evidence at the penalty phase of his trial. Affirmed.
Court: 9th Circuit, Judge: Christen, Filed On: March 12, 2024, Case #: 19-99001, Categories: Death Penalty, Ineffective Assistance, Civil Rights
J. Christen finds that the district court improperly entered conviction for conspiring to possess a destructive device in furtherance of a crime of violence and aiding and abetting the same. The conviction could not stand under precedent of the Supreme Court in USA v. Davis. However, defendant was properly convicted for conspiring to use a weapon of mass destruction. The matter involves a Syrian national's involvement in a conspiracy that targeted U.S. military personnel and property in Iraq. Affirmed in part.
Court: 9th Circuit, Judge: Christen , Filed On: February 28, 2024, Case #: 18-10435, Categories: Conspiracy, Terrorism
J. Christen finds that the district court properly entered summary judgment for law enforcement officers in an action alleging officers violated the decedent's Fourth Amendment rights by entering his private property without a warrant, using an armored vehicle to intentionally collide with his pickup truck while he was inside, and shooting and killing him. The district court correctly ruled that the officers were entitled to qualified immunity for shooting and killing the decedent because the officers��� split-second decision to open fire did not constitute excessive force. Affirmed.
Court: 9th Circuit, Judge: Christen, Filed On: October 17, 2023, Case #: 21-35431, Categories: Civil Rights, Constitution
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J. Christen finds that the district court properly ordered special conditions of supervised release. The district court did not unconstitutionally delegate its judicial authority when it ordered a specific time range for defendant's inpatient substance treatment. Affirmed.
Court: 9th Circuit, Judge: Christen, Filed On: August 25, 2023, Case #: 22-10203, Categories: Constitution, Sentencing
J. Christen finds that the district court properly dismissed two complaints alleging that food product labels advertising the amount of protein in the products were false and misleading under both federal and state law. The individuals did not show that the protein claims on the labels were false because the nitrogen method for calculating protein content overstated the actual amount of protein the products contained. FDA regulations specifically allow manufacturers to measure protein quantity using the nitrogen method, to display that value in the nutritional facts panel, and to use it to make a quantitative nutrient content claim. Affirmed.
Court: 9th Circuit, Judge: Christen, Filed On: August 14, 2023, Case #: 22-15377, Categories: Product Liability
J. Christen finds that the district court improperly entered conviction of a Syrian national for participating in a conspiracy that targeted U.S. military personnel and property in Iraq for the counts of "conspiring to possess a destructive device in furtherance of a crime of violence and aiding and abetting the same." Those counts are remanded to the lower court to vacate those convictions. However, the court properly entered conviction for conspiring to use a weapon of mass destruction and conspiring to damage U.S. Government property by means of an explosive. Affirmed in part.
Court: 9th Circuit, Judge: Christen, Filed On: August 9, 2023, Case #: 18-10435, Categories: Terrorism
J. Christen finds that the district court improperly denied a habeas corpus petition challenging a conviction and death penalty sentence. However, the court affirmed the lower court's holding as to defendant's certified guilt-phase claims. Defendant was sentenced to death in 1991 after a California state jury convicted him of robbery, burglary and felony murder. Reversed in part.
Court: 9th Circuit, Judge: Christen, Filed On: May 31, 2023, Case #: 19-99009, Categories: Death Penalty, Murder, Robbery