- 1350 Columbia Street, Suite 600, San Diego, California 92101
When necessary, we keep fighting for our clients on appeal. Below are some of our successes in Courts of Appeals.
United States v. Walthall
[U.S.C.A. Case No. 16-50464]
Reversing conviction for solicitation of a federal judge on Sixth Amendment grounds.
Opinion available at: United States v. Walthall, 782 Fed. App’x 578 (9 th Cir. 2019).
United States v. Spanier
[U.S.C.A. Case No. 17-50128]
Reversing white-collar fraud convictions for misinstruction of the jury on omissions theory of fraud liability and fiduciary duty to disclose.
Opinion available at: United States v. Spanier, 744 Fed. App’x 351 (9 th Cir. 2018).
United States v. Millan
[U.S.C.A. Case No. 15-50445]
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.
Opinion available at: United States v. Millan, 730 Fed. App’x 488 (9 th Cir. 2018).
United States v. Baptista
[U.S.C.A. Case No. 17-50176]
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.
Opinion available at: United States v. Baptista, 738 Fed. App’x 384 (9 th Cir. 2018).
United States v. Garcia
[U.S.C.A. Case No. 14-50567]
Government conceded error after opening brief filed. Conviction vacated and remand granted.
United States v. Spanier
[U.S.C.A. Case No. 14-50306]
Dismissing indictment and remanding case to a different district court judge for a determination of whether dismissal is with or without prejudice.
Opinion available at: United States v. Spanier, 637 Fed. App’x 998 (9 th Cir. 2016).
United States v. Johnson
[U.S.C.A. Case No. 10-50459]
Reversing bank-robbery conviction due to trial judge’s appearance of bias with instructions to assign to a new judge for retrial.
Opinion available at: United States v. Pritchard, 485 Fed. App’x 199 (9 th Cir. 2012).
United States v. Cardenas
[U.S.C.A. Case No. 09-50472]
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
Opinion available at: United States v. Cardenas, 408 Fed. App’x 106 (9 th Cir. 2011).
United States v. Caruto
[U.S.C.A. Case No. 07-50041]
Reversing cocaine importation conviction and 14-year sentence for Doyle/Fifth Amendment error in matter of first impression in Ninth Circuit.
Opinion available at: United States v. Caruto, 532 F.3d 822 (9 th Cir. 2008).
United States v. Rangel-Rodriguez
[U.S.C.A. Case No. 06-50519]
Reversing alien-smuggling conspiracy conviction for erroneous jury instructions on elements of the offense.
Opinion available at: United States v. Rangel-Rodriguez, 267 Fed. App’x 679 (9 th Cir.
2008).
United States v. Wells
[U.S.C.A. Case No. 04-50296]
Reversing RICO/attempted murder conviction and 30-year sentence.
Opinion available at: United States v. Wells, 162 Fed. App’x 754 (9 th Cir. 2006).
United States v. Murphy
[U.S.C.A. Case No. 04-50429]
Reversing alien-smuggling conviction on Federal Rule of Evidence error.
Opinion available at: United States v. Murphy, 149 Fed. App’x 709 (9 th Cir. 2005).
United States v. Lombera-Valdovinos
[U.S.C.A. Case No. 04-50390]
Reversing illegal re-entry conviction for erroneous jury instruction on immigration law and mens rea issue. Dismissal of all charges following remand from the U.S. Court of Appeals, Ninth Circuit.
Opinion available at: United States v. Lombera-Valdovinos, 429 F.3d 927 (9 th Cir. 2005).
United States v. Bautista
[U.S.C.A. Case No. 02-50664]
Reversing counterfeiting conviction for Fourth Amendment violation. Dismissal of all charges following remand from the Ninth Circuit Court of Appeals.
Opinion available at: United States v. Bautista, 362 F.3d 584 (9 th Cir. 2004).
United States v. Juvenile
[U.S.C.A. Case No. 03-50488]
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.
Opinion available at: United States v. Juvenile, 108 Fed. App’x 545 (9 th Cir. 2004).
– We Fight for the Little Guy.
Quick links
Copyright 2022 McKenzie Scott Civil Rights & Criminal Defense Lawyers. All Rights Reserved