8 results for 'judge:"Graber"'.
J. Graber dismisses in part an immigrant's appeal from the 41-month prison sentence imposed following his guilty plea for attempted reentry by a removed noncitizen. The immigrant challenged the validity of his waiver of a grand jury indictment, but he waived the right to appeal that issue by pleading guilty unconditionally. The lower court correctly decided all other issues stemming from the matter. Affirmed in part.
Court: 9th Circuit, Judge: Graber, Filed On: April 12, 2024, Case #: 23-705, Categories: Immigration
J. Graber finds that the district court properly entered a securities fraud conviction for defendant, who claimed that the district court improperly coerced the jurors into reaching a unanimous guilty verdict by sending them home at 4:30 p.m. with the instruction to return the next day. Simply excusing the jurors for an evening recess did not equal an instruction to them to strive for a unanimous verdict. Affirmed.
Court: 9th Circuit, Judge: Graber, Filed On: December 28, 2023, Case #: 22-10249, Categories: Fraud, Jury, Securities
J. Graber denies an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant's conviction for possessing a controlled substance with intent to deliver was a drug trafficking aggravated felony that made him removable.
Court: 9th Circuit, Judge: Graber, Filed On: November 29, 2023, Case #: 22-1168, Categories: Drug Offender, Immigration
J. Graber issues an amended order for the 9th Circuit's opinion filed on March 8, 2023 denying a petition for rehearing and ordering that no future petitions will be entertained concerning an organization's motion for a preliminary injunction seeking to enjoin enforcement of a San Francisco ordinance that imposes a "secondary-contributor disclaimer requirement" for certain types of political advertisements. The City and County of San Francisco added a secondary-contributor disclaimer requirement to list the major donors in those political advertisements. The organization did not show a likelihood of success on the merits of their First Amendment claim.
Court: 9th Circuit, Judge: Graber, Filed On: October 26, 2023, Case #: 22-15824, Categories: Elections, Municipal Law, First Amendment
J. Graber finds that the district court properly denied defendant's motion to amend his motion to vacate his convictions for witness tampering and discharging a firearm during and in relation to a crime of violence. Defendant alleges that witness tampering is not a predicate crime of violence. Defendant was convicted under a divisible part of the witness-tampering statute that qualifies as a crime of violence. Affirmed.
Court: 9th Circuit, Judge: Graber, Filed On: August 11, 2023, Case #: 22-35030, Categories: Firearms, Sentencing, Witnesses
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J. Graber finds that the district court improperly dismissed a matter for lack of jurisdiction involving the sale of health, wellness and nutrition products. The health and wellness company alleged that a company’s unauthorized sale of its products on Amazon violated the Lanham Act. The health and wellness company's harm arose out of the seller’s contacts within the State of Arizona and the exercise of personal jurisdiction is reasonable under the circumstances. Reversed.
Court: 9th Circuit, Judge: Graber, Filed On: July 5, 2023, Case #: 21-17001, Categories: Consumer Law, Jurisdiction
J. Graber finds that the district court improperly upheld an administrative law judge's denial of an individual's application for disability benefits under the Social Security Act. The ALJ materially mischaracterized the individual's functional capacity when posing a question to a vocational expert. Reversed.
Court: 9th Circuit, Judge: Graber, Filed On: June 15, 2023, Case #: 22-55504, Categories: Social Security, Experts
J. Graber finds that the district court properly dismissed a harassment claim brought by an individual who alleged that when he was a first-year student-athlete at the University of Arizona, his teammates subjected him to frequent “sexual and homophobic bullying” because they perceived him to be gay. The student claimed that the University was deliberately indifferent to his claims of sexual harassment and that they retaliated against him in violation of Title IX. However, the court vacated the portion of the district court’s order denying leave to amend. Affirmed in part.
Court: 9th Circuit, Judge: Graber, Filed On: June 13, 2023, Case #: 22-15714, Categories: Education