Cases

701 Argued and submitted October 27, 2020; remanded for resentencing, otherwise affirmed June 30, 2021 STATE OF OREGON, Plaintiff-Respondent, v. APOLINAR SANCHEZ-CHAVEZ, Defendant-Appellant. Washington County Circuit Court 18CR63755; A170028

C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Mistretta v. United States, ante, p. 361.

C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Mistretta v. United States, ante, p. 361.

2. At about 4:15 a.m. on December 3, 2015, Garcia was arrested at his home on drug dealing charges and placed in the back of a police car. See Redacted Superseding Indictment at 1-2, filed March 16, 2016 (Doc. 49)("Garcia Indictment"); Transcript of Motion Proceedings at 138:20-21 (held April 13, 2017)(Lerner), filed May 3, 2017 (Doc. 254)("April Tr."); Transcript of Motion Proceedings at May Tr. at 22:23-25 (held May 4, 2017)(Adams, Sainato), file

James O. Browning, UNITED STATES DISTRICT JUDGE *1277THIS MATTER comes before the Court on: (i) the Restricted Motion to Obtain Physical and Mental Health Records, filed March 27, 2018 (Doc. 1985)("Health Records Motion"); and (ii) the Motion in Opposition to Disclosure of the Defendant's Redacted Mental and Physical Healt

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1266THIS MATTER comes before the Court on the Motion to Exclude Witness Julian Romero Testimony, filed April 17, 2018 (Doc. 2121)("Motion"). In the Motion, Defendant Edward Troup asks the Court to exclude the substance of a statement that Julian Romero, a witness for Plainti

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1191THIS MATTER comes before the Court on Plaintiff United States of America's oral motion to exclude evidence of co-operator1 Gerald Archuleta's 1986 involuntary manslaughter and 1988 second-degree murder convictions under rule 609(b) of the Fed

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1274THIS MATTER comes before the Court on Defendant Anthony Ray Baca's oral motion for a judgment of acquittal, under rule 29 of the Federal Rules of Criminal Procedure, as to Count 8, which charges Baca with conspiracy to commit assault resulting in serious bodily injury ag

James O. Browning, UNITED STATES DISTRICT JUDGE *1232THIS MATTER comes before the Court on Defendant Billy Garcia's opening statement at trial on April 12, 2018. During that opening statement, B. Garcia displayed a PowerPoint Slide regarding Defendant Robert Martinez'1 murder conviction:

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1270THIS MATTER comes before the Court on the United States' Sealed Motion Regarding Attorney Conflict, filed April 4, 2018 (Doc. 2071) ("Motion"). The primary issue is whether the Defendant Arturo Arnulfo Garcia's attorney, Billy Blackburn, can continue to represent A. Garc

James O. Browning, UNITED STATES DISTRICT JUDGE *1193THIS MATTER comes before the Court on: (i) Defendant Santos Gonzales' Motion for Production of Alleged Co-Conspirator Statements, Pre-Trial Hearing on Their Admissibility Pursuant to Fed.R.Evid. 801(d)(2)(E), filed May 9, 2017 (Doc. 1141)("Gonzales Motion"); (ii) Defenda

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1305THIS MATTER comes before the Court on the United States' Trial Brief Regarding Inadmissibility of Investigative Reports Under Rule 803(6) and Rule 803(8), filed February 7, 2018 (Doc. 1753)("Trial Brief"). The primary issue is whether the Court should permit Defendant An

James O. Browning, UNITED STATES DISTRICT JUDGE *1288THIS MATTER comes before the Court on Motion to Exclude Witness Joseph Otero Testimony, filed March 22, 2018 (Doc. 2141)("Motion"). In the Motion, Defendant Christopher Chavez asserts that, "[o]n March 21, 2018, FBI Special Agent Leysha Lopez Recci interviewed Joseph Ote

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1179THIS MATTER comes before the Court on the Motion to Dismiss Indictment as It Relates to Shauna Gutierrez, filed May 18, 2016 (Doc. 1155)("MTD"). The Court held a hearing on November 8-9, 2017. The primary issues are: (i) whether the Court should dismiss the Second Supers

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *1289THIS MATTER comes before the Court on the United States' Sealed Motion Regarding Attorney Conflict, filed May, 4, 2017 (Doc. 1126)("Attorney Conflict Motion"). The Court held hearings on November 8-9, 2017, Transcript of Hearing (held November 8, 2017), filed November 20

*1132 MEMORANDUM OPINION AND ORDER JAMES 0. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendants’ Joint Motion to Compel Specific Discovery, filed August 30, 2013 (Doc. 334) (“Motion”). The Court held a hearing on April 17, 2014. The primary issue is whether the Court should compel Plaintiff United States of Am

SUMMARY ORDER Defendants Alejandro Degante-Galeno, Alberto Jesus Martinez-Miranda, Manuel Gomez-Batana, and Isidro Degante-Gale-no stand convicted after guilty pleas of one count of conspiracy to violate the Travel Act in furtherance of a prostitution enterprise. See 18 U.S.C. §§ 371, 1952. Each defendant was sentenced principally to an above-Guidelines, statutory-maximum term of 60 months’ imprisonment, and each argues on appeal

871 F.2d 104 Jose GUBIENSIO-ORTIZ, Petitioner-Appellant,v.Al KANAHELE, Warden, Metropolitan Correctional Center SanDiego, California, Respondent-Appellee.UNITED STATES of America, Plaintiff-Appellant,v.Raul CHAVEZ-SANCHEZ, Defendant-Appellee. Nos. 88-5848, 88-5109. United States Court of Appeals,Ninth Circuit. Submitted March 2, 1989.Decided M

857 F.2d 1285 Jose GUBIENSIO-ORTIZ, Petitioner-Appellant,v.Al KANAHELE, Warden, Metropolitan Correctional Center, SanDiego, California, Respondent-Appellee.UNITED STATES of America, Plaintiff-Appellant,v.Raul CHAVEZ-SANCHEZ, Defendant-Appellee. Nos. 88-5848, 88-5109. United States Court of Appeals,Ninth Circuit. Sept. 8, 1988.

KOZINSKI, Circuit Judge. We consider the constitutionality of the Sentencing Reform Act of 1984 (SRA), Pub. L. No. 98-473, tit. II, ch. II, 98 Stat. 1987 (codified as amended at 18 U.S.C. §§ 3551-3742 and 28 U.S.C. §§ 991-998). Facts A. In 1984, Congress consummated a decade-long effort to revolutionize federal sentencing law by creating the United States Sentencing Commission as “