Court of Appeals Schedules Special Sitting at the University of Hawaii

News Release from 9th Circuit Court of Appeals

SAN FRANCISCO – The United States Court of Appeals for the Ninth Circuit will hear oral arguments next week at two locations in Honolulu, Hawaii. The court, which sits in Honolulu three times per year, will hear oral arguments February 17-18 at its regular venue at 1132 Bishop Street, Courtroom Suite 250L. The proceedings will begin at 9 a.m. A photo ID is required for admittance. Check the court calendar for case information: http://www.ca9.uscourts.gov/calendar/.

The court will convene a special sitting February 19 at the University of Hawaii at Manoa, William S. Richardson School of Law. Oral arguments will begin at 9:30 a.m. in the law school’s Moot Courtroom, 2515 Dole St. A photo ID is required for admittance. At the law school, a three-judge panel consisting of Circuit Judges Richard R. Clifton of Honolulu, N. Randy Smith of Pocatello, Idaho, and Michelle T. Friedland of San Francisco will hear appeals of decisions by the U.S. district courts for Guam, Hawaii and the Northern Mariana Islands. Appeals to be heard at the law school are:

USA v. Mohammad Miah, in which Mohammad Miah appeals the Northern Mariana Islands district court’s determination that he breached the plea agreement and the sentence imposed in a case in which he pled guilty to conspiring to unlawfully produce and transfer identification documents. Case 13-10190

USA v. Aifang Ye, in which Aifang Ye appeals her jury conviction of conspiracy to make a false statement and making a false statement in her application for a U.S. passport. Case 12-10576

William Torres v. Thomas Read, in which William Torres appeals from the Hawaii district court’s summary judgment in his action alleging that while in the custody of the Hawaii Department of Public Safety, his sentence was wrongfully recalculated resulting in over detention. Case 13-15096

Patrick Novak v. USA, in which plaintiffs appeal the Hawaii district court’s dismissal for lack of standing of their action brought against the United States, seeking a declaration that the Jones Act was invalid as it applied to interstate commerce involving the State of Hawaii. Case 13-16383

USA v. Government of Guam, in which the Government of Guam appeals orders of the Guam district court arising from a civil enforcement action brought by the United States under the Clean Water Act against Guam to enjoin violation of the act. Case 13-16941, 13- 17089

The Ninth Circuit Court of Appeals hears appeals of cases decided by executive branch agencies and federal trial courts in nine western states and two Pacific Island jurisdictions. The court normally meets monthly in Seattle, San Francisco, and Pasadena; every other month in Portland, Oregon; three times per year in Honolulu, Hawaii; and twice a year in Anchorage, Alaska. A complete schedule of cases is available online at http://www.ca9.uscourts.gov.

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2013: John Carroll: Jones Act Violates Commerce Clause