Ronald Murray Gould
How Judge Gould rules, drawn from 38 signed orders. Every observation links to the order it came from.
How Judge Gould decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a civil RICO case, Gould applied the provision's broad reference to "no person" to individual claims as well as class actions. Even assuming the legislative history favored a narrower rule, it could not displace the statute's unambiguous text.
“Powers's argument fails because legislative history, even when clear, may not overcome or displace the textual mandate of a statute.”
In a retirement-benefits overpayment case, Gould assessed fault in light of the agency's repeated notices that it had the claimant's outside earnings and had recalculated his benefit. Once those communications made continued reliance reasonable, the claimant could not be charged with the agency's later overpayments.
“However, when the RRB’s continuous and repeated errors and communications make an individual’s inaction in reporting reasonable, the RRB cannot hold that individual liable for the RRB’s own errors.”
In reviewing handcuffing during a traffic stop, Gould evaluated the intrusion against concrete safety conditions: an unsecured visible gun, an untruthful response about it, nearby crowds, and bicycle officers without a patrol car. Those combined facts justified restraints while the investigation continued without converting the stop into an arrest.
“Considering the totality of the circumstances, we hold that the officers had a sufficient and reasonable basis to fear for their safety, justifying their decision to handcuff In so that their safety was assured during their investigation.”
Cautions
In an unlawful-reentry prosecution, Gould examined the validity of each removal used as a predicate. An erroneous in absentia removal that deprived a lawful permanent resident of a meaningful opportunity to contest it also infected a later expedited removal that depended on the resulting loss of status.
“A person should not be stripped of the important legal entitlements that come with lawful permanent resident status through a legally erroneous decision that he or she had no meaningful opportunity to contest.”
In an asylum credibility case, Gould tested each asserted inconsistency against the actual testimony and supporting documents. The agency could not manufacture a conflict, ignore corroborating evidence, or affirm a finding the immigration judge had not made.
“By ignoring documents consistent with Barseghyan’s testimony, the IJ did not consider ‘the totality of the circumstances’ when making its adverse credibility determination.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We conclude that Plouffe's 71-month sentence is reasonable, and we will not disturb the discretion of the sentencing court. ... AFFIRMED.”
“Basing our decision on the unambiguous text of the statute, we hold that Section 1964(c) bars RICO actions alleging securities fraud, even when such actions are not class actions.”
“Accordingly, the May 3, 2006 order is no longer enforceable, and the appeal is DISMISSED as moot. ... we REMAND under 28 U.S.C. 2106 to the district court with instructions to VACATE the May 3, 2006 order to enforce the 1991 injunction.”
“Le timely appealed the denial of EAJA fees, and we now affirm.”
“We reverse the district court and remand for further proceedings consistent with the decision of the Washington State Supreme Court. REVERSED AND REMANDED.”
“We have jurisdiction under 8 U.S.C. 1252(a), and we deny the petition for review for the reasons stated below.”
“The panel dismissed renewed claims, and, as to new contentions raised after the district court's decision on limited remand, reversed the district court and remanded a case in which Shane Abbott filed a petition for a writ of habeas corpus seeking to compel the Bureau of Prisons (BOP) to allow him into the Residential Drug Abuse Program (RDAP).”
“For the reasons that follow, we conclude that the district court did not abuse its discretion when it applied the 'sophisticated means' enhancement to Augare's offense conduct.”
“For the reasons that follow, we hold that 15 U.S.C. 1641(g) does not apply retroactively.”
“Because the ALJ also did not give clear and convincing reasons for rejecting Laborin's symptom testimony, and for the reasons provided in the concurrently filed memorandum disposition, we reverse and remand.”
“Because Davies voluntarily waived his right to bring this challenge through the collateral-attack waiver provision of his plea agreement, we affirm the denial of his habeas corpus petition.”
“For the reasons stated below, we hold that both the 2008 and 2011 removal orders were fundamentally unfair, and that neither can serve as a predicate removal for purposes of 1326.”
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