Tuesday, June 28, 2011

U.S. v. Chapman, No. 10-10338 (6-27-11) (Rosenthal, D.J. with B. Fletcher and Thomas).

The 9th previously upheld a dismissal of a prosecution with prejudice as a result of Brady and Giglio violations. The 9th also previously affirmed a denial of the appellants' request for an award under the Hyde amendment for attorneys' fees and costs. Appellants subsequently sought to reopen their claim under Fed. R. Civ. P. 60(b)(3) because of an internal government memo written after the district court's dismissal of the indictment. The district court denied their motion. The 9th affirmed, finding no abuse of discretion. The original dismissal was for failure to disclose and not on the merits for innocence.

Schleining v. Thomas, No. 10-35792 (6-27-11) (Bea with Kozinski and Ikuta).

A federal inmate is not eligible for federal "good conduct" for the time he served in state custody on state charges before being sentenced on a related federal charge in federal court.


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