Daniel Aaron Bress
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons and those set forth in our accompanying memorandum disposition, Altayar's petitions for review are DENIED.”
“We hold that Chavez-Diaz waived his right to appeal his equal protection and due process claims by entering an unconditional guilty plea. We therefore reverse the district court's holding to the contrary and remand with instructions to dismiss the appeal. REVERSED and REMANDED.”
“Credit One's intent to call a customer who had consented to its calls does not exempt Credit One from liability under the TCPA when it calls someone else who did not consent. ... We affirm the district court in this and all respects.”
“We therefore affirm the district court's judgment dismissing the complaint and denying leave to amend.”
“We therefore hold that, under Morrison step two, the 'focus' of the wire fraud statute, 18 U.S.C. 1343, is the use of the wires in furtherance of a scheme to defraud. ... the judgment of conviction is AFFIRMED.”
“Because appellant did not file a notice of appeal within 30 days of the district court's judgment or obtain a Rule 58(e) order extending the time to appeal, the notice of appeal was untimely as to the district court's underlying judgment. ... DISMISSED IN PART AND AFFIRMED IN PART.”
“a bulge suggestive of a firearm can be sufficient to create reasonable suspicion, and ... in this case there was ample evidence from which to conclude that Bontemps's 'obvious' bulge was likely a concealed firearm. ... the judgment is AFFIRMED.”
“We vacate the judgment of the district court with instructions to remand to the ALJ for proceedings consistent with this opinion. ... VACATED AND REMANDED.”
“We hold that the government may remove petitioner now and therefore deny the petition for review. ... PETITION DENIED.”
“We hold that a conviction under 18 U.S.C. 922(a)(1)(A) qualifies as an 'aggravated felony' under the INA because it categorically fits within the generic definition of 'illicit trafficking in firearms' ... the petition for review is DENIED.”
“We thus hold that the Tax Court did not err in concluding that Harborside's inventory cost for each of the years at issue is determined by section 1.471-3(b). ... AFFIRMED.”
“We hold that the preemption challenge fails. CalSavers is not an ERISA plan ... We therefore affirm the judgment of the district court.”
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