Monday, September 11, 2017

US v. Barragan et al, No. 13-50516 (9-8-17)(Hurwitz w/Lipez & Bea). This is a long opinion affirming the convictions, and nearly all the sentences, in a RICO gang prosecution.  The appeals raise a complete spectrum of issues.  It is a useful guide to approaching a RICO or gang conspiracy case.  Of special note, for all cases, was the 9th finding error in a prosecutor's closing remarks to the jury that they should say "no more." The 9th equates this with the improper "send a message" argument. However, although there was error, it was deemed harmless.

The decision is here:

Taniko v. Williams, No. 15-16967 (9-8-17)(Reinhardt w/Kozinski & Berg). The 9th reversed the district court's judgment that petitioner's federal habeas was untimely. The state trial court had entered a Second Amended Judgment after a remand from the State Supreme Court. The district court had used an earlier judgment to start the timely filing period.  This was error because the time runs from the judgment under which the petitioner is being held.  In Magwood v. Patterson, 561 US 320 (2010), the Supreme Court reached the same conclusion.

Congrats to AFPD Jonathan Kirshbaum of the FPD Nev office (Las Vegas).

The decision is here:


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