Andrew Jay Kleinfeld
How Judge Kleinfeld rules, drawn from 34 signed orders. Every observation links to the order it came from.
Judge Kleinfeld no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kleinfeld decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a tax-penalty appeal, Kleinfeld treated Congress's mandatory wording as controlling. Because the statutory formula left no discretion to reduce the penalty absent reasonable cause, equitable concerns could not supply authority for a partial reduction.
“The statute uses mandatory language in all respects, leaving the IRS no discretion in deciding how much of a penalty to impose.”
In a criminal appeal, Kleinfeld focused on whether knowingly false testimony could have affected the verdict. The prosecution's delayed correction did not cure the due-process problem where the witness's credibility was central to a close case.
“The failure to correct prosecutorial testimony known to be false may have made a difference to the outcome in this case, so the conviction cannot stand.”
Reviewing an agency adjudication, Kleinfeld looked to the substance of the administrative finding instead of demanding a verbatim statutory recital. The agency had applied the circuit's framework, and the challenging party had declined an opportunity to offer evidence and proposed findings.
“That the ALJ followed our decisional framework rather than quoting the statute does not require reversal, particularly where the Director was invited to submit evidence and proposed findings and elected not to do so.”
In an environmental case, Kleinfeld upheld a limited injunction that balanced competing harms and permitted phased development while further review proceeded. The remedy fit the identified deficiency without automatically barring all activity.
“The district court did not abuse its discretion in issuing the partial injunction proposed by BLM because it provides an equitable resolution consistent with the purposes of NEPA.”
Cautions
In a habeas appeal, Kleinfeld enforced the certificate-of-appealability requirement as jurisdictional. A statutory restitution claim could not support a certificate reserved for a substantial showing of a constitutional violation.
“Because no certificate of appealability has been or could properly be issued, we lack jurisdiction over Mikels’ appeal.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We REVERSE, and VACATE the district court judgment, and REMAND for dismissal without prejudice to refiling in state court.”
“The district court granted the government's motion for summary judgment, and we affirm.”
“The money received from the affinity credit cards fell within the royalties exclusion from unrelated business income. AFFIRMED.”
“We therefore REVERSE the judgment of the district court dismissing this case for lack of jurisdiction, and remand for such proceedings as may be appropriate.”
“The sentence is VACATED and the case is REMANDED to the district court for resentencing.”
“That the ALJ followed our decisional framework rather than quoting the statute does not require reversal, particularly where the Director was invited to submit evidence and proposed findings and elected not to do so. AFFIRMED.”
“Accordingly, Appellee's argument that the appeal should be dismissed as untimely is rejected. We have jurisdiction over the appeal.”
“REVERSED and REMANDED for further proceedings.”
“Because Sandoval-Barajas's Washington state conviction was not an aggravated felony for federal sentencing purposes, this case is REMANDED FOR RESENTENCING.”
“The failure to correct prosecutorial testimony known to be false may have made a difference to the outcome in this case, so the conviction cannot stand. REVERSED.”
A historical record
Judge Kleinfeld no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.