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Appellate Successes

We never quit.

When necessary, we keep fighting for our clients on appeal. Below are some of our successes in Courts of Appeals.



2018
United States v. Spanier
17-50128
(9th Cir.) (reversing white-collar fraud convictions for misinstruction of the jury on omissions theory of fraud liability and fiduciary duty to disclose).
2018
United States v. Millan
Case No. 15-50445
(9th Cir.) (reversing white-collar fraud conviction because the government had been allowed to present forensic accounting testimony and exhibits without complying with expert-witness rules of evidence and Fed. R. Evid. 1006). New trial granted.
2018
United States v. Baptista
Case No. 17-50176
(9th Cir.) (vacating conviction in case involving international kidnapping allegations, holding that district court erred in refusing to permit withdrawal of guilty plea after new evidence came to light).
2016
United States v. Garcia
14-50567
(9th Cir.) (government conceded error and dismissed appeal after opening brief filed).
2016
United States v. Spanier
14-50306
(9th Cir.) (reversing fraud convictions, remanding for dismissal or new trial)
2012
United States v. Johnson
10-50439
(9th Cir.) (reversing bank-robbery conviction due to trial judge’s appearance of bias with instructions to assign to a new judge for retrial).
2011
United States v. Cardenas
09-50472
(9th Circ.) (reversing illegal re-entry conviction for structural error on an evidentiary ruling; and reversing aggravated identity theft conviction for both a fatal variance in the indictment and in allowing the jury to convict on the basis of a legally inadequate theory).
2008
United States v. Caruto
532 F.3d 822
(9th Cir.) (reversing cocaine importation conviction and 14-year sentence for Doyle/Fifth Amendment error in matter of first impression in Ninth Circuit).
2008
United States v. Rangel-Rodriguez
Case No. 06-50519
(9th Cir.) (reversing alien-smuggling conspiracy conviction for erroneous jury instructions on elements of the offense).
2006
United States v. Wells
Case No. 04-50296
(9th Cir.) (reversing RICO/attempted murder conviction and 30-year sentence).
2006
United States v. Murphy
Case No. 04-50429
(9th Cir.) (reversing alien-smuggling conviction on Federal Rule of Evidence error).
2005
United States v. Lombera-Valdovinos
429 F.3d 927
(9th Cir.) (reversing illegal re-entry conviction for erroneous jury instruction on immigration law and mens rea issue). Dismissal of all charges following remand from the Ninth Circuit Court of Appeals.
2004
United States v. Bautista
362 F.3d 584
(9th Cir.) (reversing counterfeiting conviction for Fourth Amendment violation). Dismissal of all charges following remand from the Ninth Circuit Court of Appeals.
2004
United States v. Juvenile (Christian O.)
Case No. 03-50488
(9th Cir.) (reversing methamphetamine importation and possession with intent to distribute convictions based on insufficiency of the evidence/mere presence issue). Dismissal of all charges following remand from the Ninth Circuit Court of Appeals.