United States Court of Appeals for the Ninth Circuit
Calendar for San Francisco, California

August 11-15, 2014
August 27, 2014

Note: Calendar entries may change up until the hearing date. Please remember to check the docket report for updates. Case synopses are prepared by court staff for the convenience of the reader.


2014-08-11  9:00 am  San Francisco Courtroom 1, 3rd Floor, San Francisco, California
Before: SILVERMAN and CLIFTON, Circuit Judges; and WATSON (Hawaii), District Judge
Case No. Title Nature Origin Time / Side
11-16590USA v. Thomas Ross - A Federal prisoner appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence for controlled substance offenses, claiming ineffective assistance of counsel and prosecutorial misconduct. [2:05-cv-00167-WBS-EFB] Habeas E. CA 10 min
11-17764Lionel Garcon v. Union Pacific Railway Company - Lionel and Marie Garcon appeal pro se the district court's summary judgment in favor of Union Pacific Railroad Co. in the Garcons' diversity action, alleging that Union Pacific engaged in reckless and dangerous acts leading to the death of their son. [2:10-cv-01006-GMS] Civil AZ 10 min
13-10452USA v. German Acosta-Salinas - German Acosta-Salinas appeals his conviction by conditional guilty plea and sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326. [4:12-cr-01495-CKJ-BGM-1] Criminal AZ 10 min
11-16918Samuel Swoopes v. Charles Ryan - An Arizona state prisoner appeals the district court's denial of a 28 U.S.C. § 2254 habeas corpus petition challenging a jury conviction and 42-year sentence for burglary, sexual assault, aggravated robbery, armed robbery, and kidnapping. [4:93-cv-00471-DCB] Habeas AZ 15 min
11-70532Jose Torres-Valdivias v. Eric Holder, Jr. - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision denying his application for adjustment of status. Immigration BIA 15 min


2014-08-12  9:30 am  San Francisco Courtroom 1, 3rd Floor, San Francisco, California
Before: KOZINSKI , Chief Judge; and SILVERMAN and CLIFTON, Circuit Judges
Case No. Title Nature Origin Time / Side
12-15119Michael Shukry v. M. Evans - A California state prisoner appeals the district court's denial of a 28 U.S.C. § 2254 habeas corpus petition challenging his conviction of murder and assault on a child resulting in death, claiming counsel should have presented exculpatory evidence. [2:09-cv-00669-JKS] Habeas E. CA 10 min
12-15261David Litmon, Jr. v. Kamala Harris - David Litmon appeals from the district court's dismissal of his 42 U.S.C. § 1983 action challenging a California statute requiring that sexually violent predators register in person every ninety days to verify their address and employer. [3:10-cv-03894-EMC] Civil N. CA 10 min
12-71095Noe Perez-Hernandez v. Eric Holder, Jr. - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision finding him deportable based on his conviction for offering to transport a controlled substance. Immigration BIA 10 min
13-71596Eulogio Avitia-Pena v. Eric Holder, Jr. - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision finding that his conviction for attempted possession for sale of a controlled substance constituted an aggravated felony attempted drug trafficking offense. Immigration BIA 10 min
11-17274Michael Beard v. Ron Davis - A California state prisoner appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction of kidnapping, rape and digital penetration of an unconscious person. [2:09-cv-03508-JKS] Habeas E. CA 10 min
14-15139City of San Jose v. Ofc of the Commr of Baseball - The City of San Jose appeals the dismissal of its antitrust action challenging the Commissioner of Baseball's refusal to permit the Athletics baseball club to move from Oakland to San Jose. [5:13-cv-02787-RMW] Civil N. CA 20 min


2014-08-12  4:00 pm  San Francisco Courtroom 1, 3rd Floor, San Francisco, California
Before: HAWKINS, THOMAS and McKEOWN, Circuit Judges
Case No. Title Nature Origin Time / Side
12-55033Mark Vinzant v. USA - Mark Vinzant appeals the district court's summary judgment in favor of the United States and individuals in Vinzant's action alleging constitutional claims and claims for medical malpractice under the Federal Tort Claims Act. [5:07-cv-00024-VAP-AJW] Civil C. CA 15 min


2014-08-13  9:30 am  San Francisco Courtroom 1, 3rd Floor, San Francisco, California
Before: KOZINSKI , Chief Judge; and McKEOWN and CLIFTON, Circuit Judges
Case No. Title Nature Origin Time / Side
10-71845Xiaolong Chen v. Eric Holder, Jr. - A citizen of China petitions for review of the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 10 min
12-15166Hi Truong v. D. Runnels - A California state prisoner appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his murder conviction, claiming ineffective assistance of counsel. [3:06-cv-04235-MMC] Habeas N. CA 10 min
13-10214USA v. Isaiah Perkins - Isaiah Perkins appeals his jury conviction of two counts of being a prohibited person in possession of a firearm, in violation of 18 U.S.C. § 922(g)(9). [2:12-cr-00354-LDG-CWH-1] Criminal NV 10 min
12-16448Marcus May v. AT&T Umbrella Benefit Plan #1 - AT&T Umbrella Benefit Plan No. 1 appeals the district court's summary judgment in an ERISA action regarding the denial of a claim for short-term disability benefits. [3:11-cv-02204-JCS] Civil N. CA 10 min
13-17339Elaine Murphy v. William Sloan - Elaine Mary Murphy appeals the district court's judgment in her action under the Hague Convention for the return of a child. [3:13-cv-04069-JST] Civil N. CA 15 min
13-70162Jonathan Reyes v. Eric Holder, Jr. - A citizen of El Salvador petitions for review of the Board of Immigration Appeals' denial of his application for deferral of removal under the Convention Against Torture. Immigration BIA 15 min


2014-08-14  9:00 am  San Francisco Courtroom 1, 3rd Floor, San Francisco, California
Before: TASHIMA, McKEOWN and CLIFTON, Circuit Judges
Case No. Title Nature Origin Time / Side
12-15784Aron Wessel v. R. Barnes - A California state prisoner appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction of attempted murder and related offenses, alleging prosecutorial misconduct. [2:09-cv-02720-JFM] Habeas E. CA 10 min
12-16085Corbett Le Grand v. James Yates - A California state prisoner appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his jury conviction for sexual penetration of a minor and lewd and lascivious acts involving a child under age 14. [4:09-cv-00370-SBA] Habeas N. CA 10 min
12-16311Marshall Field v. American Mortgage Express - Marshall Field appeals the district court's judgment in favor of American Mortgage Express Corp. in Field's diversity putative class action alleging failure to pay wages and accrued vacation at termination, in violation of the California Labor Code. [3:09-cv-05972-EMC] Civil N. CA 15 min
13-10143USA v. Suibin Zhang - Subin Zhang appeals his conviction of misappropriation of trade secrets from Marvell Semiconductor, Inc. [5:05-cr-00812-RMW-1] Criminal N. CA 15 min
13-10392USA v. Heidi Haischer - Heidi Haischer appeals her jury conviction and sentence for conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and wire fraud, in violation of 18 U.S.C. § 1343, arising from fraudulent information in loan applications. [2:11-cr-00267-MMD-CWH-2] Criminal NV 15 min


2014-08-15  8:00 am  San Francisco Courtroom 1, 3rd Floor, San Francisco, California
Before: McKEOWN and CLIFTON, Circuit Judges; and EZRA (Texas Western), District Judge
Case No. Title Nature Origin Time / Side
09-70356Jasvir Santokh v. Eric Holder, Jr. - A citizen of India petitions for review of the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 10 min
11-70922Binhua Fu v. Eric Holder, Jr. - Citizens of China petition for review of the Board of Immigration Appeals' denial of their applications for asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 10 min
13-10306USA v. John Sinagra - John Sinagra appeals his jury conviction of Obtaining Information By Computer from a Protected Computer, in violation of 18 U.S.C. §§ 1030(a)(2), (c)(2)(B)(i)&(iii), and Aggravated IdentityTheft, in violation of 18 U.S.C. § 1028A(a)(1). [2:12-cr-00294-GMN-GWF-1] Criminal NV 10 min
12-16256
12-16827
Wendy Collier v. Reliastar Life Insurance - Wendy Collier appeals the district court's judgment in her diversity action brought against Reliastar Life Insurance Company, alleging that Reliastar had wrongfully terminated long term disability benefits that it had been paying her. [3:11-cv-01760-SC]
Civil N. CA 15 min
12-16305Dalia Rashdan (Mohamed) v. Marc Geissberger - Dalia Rashdan appeals the district court's summary judgment in her Title VI action against the University of the Pacific and various instructors and administrators. [4:10-cv-00634-SBA] Civil N. CA 15 min
12-60060Michael Racusin v. American Wagering - Michael Racusin appeals the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's summary judgment addressing his entitlement to interest under a settlement agreement. [11-1549] Bankruptcy NV 15 min


2014-08-27  10:00 am  4th Floor Courtroom, Hagatna, Guam
Before: KOZINSKI , Chief Judge; and SCHROEDER and N.R. SMITH, Circuit Judges
Case No. Title Nature Origin Time / Side
12-10579USA v. Melvin Diaz - Melvin Diaz appeals his jury conviction and sentence for traveling with intent to engage in sexual activity with a minor in violation of 18 U.S.C. § 2423(b). [1:11-cr-00019-FMTG-1] Criminal NMI 15 min
13-15199Arnold Davis v. Guam - Arnold Davis on behalf of himself and all others similarly situated, appeals from the district court's dismissal of his action alleging discrimination in the voting process by Guam and by Guam officials in violation of the Voting Rights Act of 1965. [1:11-cv-00035] Civil Guam 15 min
13-17005Guam Industrial Services v. Zurich American Insurance Co. - Guam Industrial Services, Inc. appeals the district court's judgment in favor of Zurich American Insurance Company and Starr Indemnity and Liability Company in Guam's insurance coverage action arising from the sinking of a drydock it owned. [1:11-cv-00014] Civil Guam 15 min


Location Addresses


U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
95 Seventh Street
San Francisco CA 94103


District of Guam
520 West Soledad Avenue
Hagatna GU 96910


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A Time / Side value of "Subm." indicates the case will be submitted on the briefs.