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Appellate Successes

When necessary, we keep fighting for our clients on appeal. Below are some of our successes in Courts of Appeals.

United States v. Walthall

[16-50464]

(9th Cir.) (reversing conviction for soliciting the murder of a federal judge for violation of Sixth Amendment).

United States v. Spanier

[17-50128]

(9th Cir.) (reversing white-collar fraud convictions for misinstruction of the jury on omissions theory of fraud liability and fiduciary duty to disclose).

United States v. Millan

[Case No. 15-50445]

(9th Cir.) (reversing white-collar fraud conviction because the government had been allowed to present forensic accounting testimony and exhibits without complying with expert-witness rules of evidence and Fed. R. Evid. 1006). New trial granted.

United States v. Baptista

[Case No. 17-50176]

(9th Cir.) (vacating conviction in case involving international kidnapping allegations, holding that district court erred in refusing to permit withdrawal of guilty plea after new evidence came to light).

United States v. Garcia

[14-50567]

(9th Cir.) (government conceded error and dismissed appeal after opening brief filed).

United States v. Spanier

[14-50306]

(9th Cir.) (reversing fraud convictions, remanding for dismissal or new trial)

United States v. Johnson

[10-50439]

(9th Cir.) (reversing bank-robbery conviction due to trial judge’s appearance of bias with instructions to assign to a new judge for retrial).

United States v. Cardenas

[09-50472]

(9th Circ.) (reversing illegal re-entry conviction for structural error on an evidentiary ruling; and reversing aggravated identity theft conviction for both a fatal variance in the indictment and in allowing the jury to convict on the basis of a legally inadequate theory).

United States v. Caruto

[532 F.3d 822]

(9th Cir.) (reversing cocaine importation conviction and 14-year sentence for Doyle/Fifth Amendment error in matter of first impression in Ninth Circuit).

United States v. Rangel-Rodriguez

[Case No. 06-50519]

(9th Cir.) (reversing alien-smuggling conspiracy conviction for erroneous jury instructions on elements of the offense).

United States v. Wells

[Case No. 04-50296]

(9th Cir.) (reversing RICO/attempted murder conviction and 30-year sentence).

United States v. Murphy

[Case No. 04-50429]

(9th Cir.) (reversing alien-smuggling conviction on Federal Rule of Evidence error).

United States v. Lombera-Valdovinos

[429 F.3d 927]

(9th Cir.) (reversing illegal re-entry conviction for erroneous jury instruction on immigration law and mens rea issue). Dismissal of all charges following remand from the Ninth Circuit Court of Appeals.

United States v. Bautista

[362 F.3d 584]

(9th Cir.) (reversing counterfeiting conviction for Fourth Amendment violation). Dismissal of all charges following remand from the Ninth Circuit Court of Appeals.

United States v. Juvenile (Christian O.)

[Case No. 03-50488]

(9th Cir.) (reversing methamphetamine importation and possession with intent to distribute convictions based on insufficiency of the evidence/mere presence issue). Dismissal of all charges following remand from the Ninth Circuit Court of Appeals.


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