Ferdinand F. Fernandez
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Whatever else “order” might mean under § 844(a) of the Controlled Substances Act, it does not include a mere recommendation from a physician pursuant to the Compassionate Use Act.”
“While Hunton agrees, as he must, that he did procedurally default on his Brady claim, he asserts that he may still pursue it because he was deprived of counsel at his post-conviction relief proceeding.”
“Therefore, we agree with the district court’s ultimate determination and affirm the bankruptcy court’s decision with the clarification and exception noted above.”
“We hold that his arguments about the differences between “deported” and “removed” fail to protect him from the strictures of § 1326(b)(2).”
“Logic offers some support for his position, but law does not.”
“However, his neglect of one clear rule is no anodyne for the damage caused by neglect of another one.”
“We review denials of petitions under 28 U.S.C. § 2255 de novo.”
“We affirm in part, reverse in part, and remand.”
“Myers appealed, and we affirm.”
“The district court held that Socal became equitably subrogated to the IRS’s claim when it eliminated the Internal Revenue Service’s right of redemption in certain property that once belonged to the Bevans, but had been foreclosed upon by Socal. We disagree and reverse.”
“Congress does have the authority to prescribe, and limit, remedies.”
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