Noteworthy Decisions and Results

Published decisions resulting in a reversal or remand

United States v. Munguia, 704 F.3d 596 (9th Cir. 2012)(convictions reversed and case remanded for retrial)

United States v. Collins, 551 F.3d 914 (9th Cir. 2009)(remanded to district court for evidentiary hearing on Batson violation, settled on remand)

United States v. James, 153 Fed.Appx. 445 (9th Cir. 2005)(remand for further proceedings, vacatur of $1 million fine on remand)

United States v. Ross, 511 F.3d 1233 (9th Cir. 2008)(remanded under United States v. Ameline; on remand, defendant resentenced to mandatory minimum)

United States v. Leonti, 326 F.3d 1111, 1117 (9th Cir. 2003)

United States v. Walters, 309 F.3d 589 (9th Cir. 2002) (author of NACDL amicus brief)

United States v. Henley, 238 F.3d 1111 (9th Cir. 2001)

United States v. Chea, 231 F.3d 531 (9th Cir. 2000)

United States v. Burt, 143 F.3d 1215 (9th Cir. 1997)

United States v. Ramos-Oseguera, 120 F.3d 1028 (9th Cir. 1997) (remanded for resentencing)

United States v. Burrows, 36 F.3d 875 (9th Cir. 1994) (ex post facto violation, remanded for resentencing)

United States v. DeSalvo, 41 F.3d 505 (9th Cir. 1994)

Martell v. Trilogy Ltd., 872 F.2d 322 (9th Cir. 1989)

Unpublished Decisions resulting in reversal or remand

United States v. Mendoza, 280 Fed. Appx. 589 (9th Cir. 2008) (district court abused discretion by rejecting defendant’s guilty plea; second count of conviction vacated and case remanded for resentencing)

Boracchia v. Biomet, 08-15655 (district court grant of summary judgment reversed)

Argento v. United States, 52 Fed. Appx. 41 (9th Cir. 2002)(successful appeal reversing denial of motion under 28 U.S.C. § 2255)

United States v. Perez, 17 Fed.Appx. 576 (9th Cir. 2001) (govt. breached plea agreement, remand for resentencing before different judge)

United States v. Tovar (Rule 32 violation, remanded for resentencing)

United States v. Araujo (sentencing error, remanded for resentencing, reduced sentence imposed on resentencing)

United States v. DiGilio (successful 2255 motion, sentence vacated, reduced sentence imposed on resentencing)

United States v. Newsom (Rule 32 violation, remanded for resentencing)

United States v. Yamauchi (successful defense of downward departure of 10 levels)

United States v. Mary Davis (summary reversal and remand for resentencing; received sentence of time served on remand)

United States v. Mary Davis (remand for further proceedings following second appeal)

United States v. Acosta (denial of qualified right to counsel of choice; remand for resentencing)

United States v. St. Clair (remanded for resentencing, reduced sentence imposed)

United States v. Kizzee (obtained resentencing on Ameline remand, reduced sentence imposed)