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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.

Doyle et al. v. Metropolitan Transit System

[California Court of Appeal No. D080998]

Reversing trial court for granting directed verdict, remanding for new trial

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).


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