The Third-Party Doctrine vs. Katz v. Untied States

SHERRY F. COLB

Cornell law professor Sherry F. Colb proposes revising the third-party doctrine in a way that reconciles two of the U.S. Supreme Court’s decisions that some critics view as conflicting. Colb suggests that, contrary to what most critics argue and what she herself has long assumed, the prior decision, Katz v. United States rather than the later one, United States v. White, is the anomaly.

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United States v. Jaycox

Docket: 19-10077

Opinion Date: June 16, 2020

Judge: Restani

Areas of Law: Criminal Law

The Ninth Circuit reversed defendant's sentence imposed after he pleaded guilty to receipt of child pornography in violation of 18 U.S.C. 2252(a)(2). The panel held that defendant's prior conviction under California Penal Code section 261.5(c) is not a categorical match to the generic federal definition of sexual abuse of a minor. The panel explained that because the minimum conduct required for a conviction includes consensual sexual intercourse between an individual a day shy of eighteen and an individual who is 21 years of age, section 261.5(c) is not a categorical match to the general federal definition of sexual abuse of a minor. Although the "relating to" language in section 2252(b)(1) has a broadening effect and will allow certain flexibility at the margins, the panel cannot say that the minimum conduct criminalized under section 261.5(c) relates to abusive sexual conduct involving a minor. Finally, because the district court determined defendant's sentence in view of the incorrect statutory and Guidelines ranges, the district court's weighing of the 18 U.S.C. 3553(a) factors was potentially affected and must be redone. Accordingly, the panel remanded for resentencing.

Cordoba v. Barr

Docket: 17-71655

Opinion Date: June 16, 2020

Judge: Lasnik

Areas of Law: Immigration Law

The Ninth Circuit denied a petition for review of the BIA's denial of petitioner's application for asylum and withholding of removal. The panel held that "wealthy landowners" in Colombia do not constitute a cognizable particular social group for purposes of asylum and withholding of removal because the group lacks particularity and social distinction. Applying the particular social group analysis, the panel held that the agency correctly concluded that petitioner's arguments, and the majority of the evidence he submitted, pertain to the Revolutionary Armed Forces of Colombia's perception of wealthy landowners rather than to Colombian society's perception of the purported group.

Zweizig v. Rote

Docket: 18-36060

Opinion Date: June 16, 2020

Areas of Law: Labor & Employment Law

The Ninth Circuit certified to the Oregon Supreme Court the following question: Does Oregon Revised Statutes 31.710(1) cap the noneconomic damages awarded on an employment discrimination claim under Oregon Revised Statutes 659A.030?