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US Circuit Court of Appeals
9th Circuit Case Summaries

2004/03/24

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OPINION SUMMARIES -March 24, 2004
U.S. 9TH CIRCUIT COURT OF APPEALS
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TABLE OF CONTENTS

CIVIL PROCEDURE, INTERNATIONAL LAW
* BROCKMEYER v. MARQUIS PUBL'NS, LTD

CONTRACTS, ERISA, INSURANCE LAW
* PROVIDENCE HEALTH PLAN v. MCDOWELL

CRIMINAL LAW & PROCEDURE
* US v. BATTERJEE

CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW
* RUIZ-MORALES v. ASHCROFT

CRIMINAL LAW & PROCEDURE, SENTENCING
* US v. RIOS-BELTRAN

* US v. MCNEIL

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CIVIL PROCEDURE, INTERNATIONAL LAW

BROCKMEYER v. MARQUIS PUBL'NS, LTD, No. 02-56283 (9th Cir. March 24,
2004)
Service of process by a US plaintiff on an English defendant through
regular mail to a post office box is valid under the Hague
Convention, because Article 10(a) of the Hague Convention allows for
service by mail and England's domestic laws do not prohibit service
by mail to a post office box.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0256283p.pdf

CONTRACTS, ERISA, INSURANCE LAW

PROVIDENCE HEALTH PLAN v. MCDOWELL, No. 02-35263, 02-35841 (9th Cir.
March 24, 2004)
District court erred in dismissing plaintiff's breach of contract
claim as preempted under ERISA. As it is merely a claim for
reimbursement based upon the third-party settlement, it does not
"relate to" the ERISA plan; and because plaintiff is seeking
ordinary damages based upon contractual remedies that arise under
state law, its claim is not within ERISA's civil enforcement
provisions.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0235263p.pdf

CRIMINAL LAW & PROCEDURE

US v. BATTERJEE, No. 03-10152 (9th Cir. March 24, 2004)
District court erred in rejecting legal alien's affirmative defense
of entrapment by estoppel. The outdated version of Form 4473
presented to him by the federal firearms licensee did not provide
him with notice that a non-immigrant lawfully in the US on a work
visa could not possess or receive a firearm under 18 U.S.C. section
922(g)(5).

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0310152p.pdf

CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW

RUIZ-MORALES v. ASHCROFT, No. 02-70693 (9th Cir. March 24, 2004)
Because a mayhem conviction under California Penal Code section 203
is an aggravated felony, 8 U.S.C. section 1252(a)(2)(C) bars the
court from reviewing the BIA order of removal and denial of asylum.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0270693p.pdf

CRIMINAL LAW & PROCEDURE, SENTENCING

US v. RIOS-BELTRAN, No. 03-30177 (9th Cir. March 24, 2004)
It is the statutory maximum, not the range of sentences applicable
under State sentencing guidelines, that determines whether a given
offense qualifies as a felony for federal sentencing purposes.
Because Oregon's statutes authorize a maximum term of imprisonment
of more than one year for defendant's prior conviction, the
conviction is for an "aggravated felony" within the meaning of
U.S.S.G. section 2L1.2(b)(1)(C).

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0330177p.pdf

CRIMINAL LAW & PROCEDURE

US v. MCNEIL, No. 02-30039 (9th Cir. March 24, 2004)
Because defendant's false financial statements, submitted to support
his request for court-appointed counsel, were made in a judicial
proceeding, they are not subject to prosecution under 18 U.S.C.
section 1001. His conviction is therefore reversed.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0230039p.pdf

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