In an unpublished memorandum, the Ninth Circuit affirmed a judgment forfeiting a $530,000 bond, holding that the district court acted within its wide discretion under Rule 46(f)(2) in refusing to set the forfeiture aside.
The court dismissed a pro se prisoner’s § 1983 action with prejudice after multiple opportunities to amend failed to cure deficiencies in his First Amendment retaliation and due process claims against a correctional officer.
The Ninth Circuit affirmed denial of a compassionate release motion because the defendant asked the warden for relief only after filing in district court, which was too late under 18 U.S.C. § 3582(c)(1)(A) and Keller.
The court grants the pro se petitioner’s IFP application but orders her to show cause by November 30, 2026 why her § 2241 petition challenging an ongoing state criminal prosecution should not be dismissed for failure to establish the custody requirement and because Younger abstention and exhau
The Ninth Circuit affirmed a 30-month sentence imposed on revocation of supervised release, rejecting the procedural challenges under any standard of review and finding the below-Guidelines sentence substantively reasonable.
In an unpublished memorandum, the Ninth Circuit held that a district court did not abuse its discretion in revoking supervised release and imposing 3 months’ imprisonment, because the record showed it had individually assessed revocation under U.S.S.G. § 7C1.3(b) and rejected the defendantR
A Ninth Circuit panel affirmed a six-month compassionate release reduction, holding in an unpublished memorandum that the district court did not abuse its discretion in weighing the § 3553(a) factors and declining to decide whether it erred in finding other caregivers were available.
In an unpublished memorandum, the Ninth Circuit affirmed a misdemeanor attempted illegal entry conviction, holding that independent evidence satisfied the corpus delicti rule and that a rational factfinder could infer entry and intent.
In an unpublished memorandum, the Ninth Circuit affirmed the denial of a pro se prisoner’s compassionate release motion, holding that a nonretroactive change to 18 U.S.C. § 924(c) cannot establish eligibility and that the district court’s independent 18 U.S.C. § 3553(a) ruling made any o
In an unpublished memorandum, the Ninth Circuit affirmed a revocation judgment that added a one-year supervised release term and an alcohol-abstention condition, finding no abuse of discretion on the term’s length and no plain error on the condition.
The Eastern District of California granted the respondent’s request and transferred Michael A. Victory’s Section 2254 habeas case to the Northern District of California.
A federal district judge denied Daniel Herrera Luna’s petition for a writ of habeas corpus and dismissed the action without prejudice, adopting the magistrate judge’s findings and recommendations.
A federal magistrate judge ordered a pro se habeas petitioner to show cause why his challenge to a 1993 conviction should not be dismissed as untimely by twenty-seven years, unexhausted, and potentially subject to Younger abstention due to ongoing state proceedings.
The Fifth District affirmed McKinzy’s convictions and sentence, holding that his violent attack on counsel, continuing threats, and refusal to attend supported his exclusion from the bifurcated prior-conviction trial and that the record did not show counsel conceded guilt over his objection.
The Fifth District affirmed the superior court’s denial of Derek Joseph Tristao’s petition challenging his disqualified-person determination because his appellate record was inadequate, and it added that the 2026 statutory notice exception would not apply retroactively even if the record
The Court of Appeal reversed Strader Allen Surratt’s resentencing orders because the trial court mistakenly believed his plea bargain left it only the choices of retaining or entirely striking his 20-year firearm enhancement.
The Sixth District affirmed Manuel Vasquez’s eight sexual-offense convictions but vacated his gang-participation strike finding and entire sentence because the prosecution’s records established only the fact of his 2009 conviction, not the underlying facts showing it satisfied section 18
The Fifth District Court of Appeal reversed Filemon Garcia Olmos’s continuous sexual abuse conviction because it overlapped with eight specific sexual offense convictions, corrected his presentence custody credits to 871 days, and otherwise affirmed the judgment.
The Fourth District Court of Appeal reversed the trial court’s finding that Michael DeShawn Harris was ineligible for resentencing under Penal Code section 1172.75 and remanded with instructions to strike his section 667.5(b) prison prior enhancement and hold a resentencing hearing because Peo
The Third District Court of Appeal held that the prosecution’s oral pretrial dismissal of the felony count effectively amended the pleading to charge only a misdemeanor, so the People’s appeal belonged in the Butte County Superior Court appellate division rather than the Court of Appeal,
The Court of Appeal affirmed Hugo Rincon’s resentencing judgment, holding that removing the invalid prison-prior and firearm enhancements satisfied the lesser-sentence requirement and that his first-on-appeal request for Racial Justice Act discovery did not establish trial court error.
The Third District reversed an order restoring Adam Kendall’s custody credits, holding that High Desert State Prison’s practice of retrieving laboratory results after collecting tested evidence was reasonably diligent and did not deliberately delay his disciplinary proceedings.
The Third District affirmed Jorge Armando Zepeda’s convictions, holding that trial counsel was not ineffective for declining a diminished-actuality defense premised on delusions, and directed the trial court to correct the sentencing minutes and abstracts of judgment.
The Fifth District Court of Appeal vacated Branden Ferguson’s sentences in two Kern County cases because the trial court imposed an upper term using aggravating factors on which Ferguson had not personally waived his jury-trial right, and the error was not harmless beyond a reasonable doubt.