United States v. Javier Olvera-Yanez

U.S. Court of Appeals for the Ninth Circuit
United States v. Javier Olvera-Yanez, 468 F. App'x 764 (9th Cir. 2012)

United States v. Javier Olvera-Yanez

Opinion

MEMORANDUM **

Attorney Nikoo Berenji appeals the district court’s imposition of sanctions for appearing late to a hearing. We have jurisdiction under 28 U.S.C. § 1291, and we vacate the imposition of sanctions and remand.

Berenji contends the district abused its discretion when it imposed a $100 sanction under its inherent powers without a finding of bad faith. We agree that Berenji’s single tardy appearance does not justify a monetary sanction in this case. See Mendez v. County of San Bernardino, 540 F.3d 1109, 1130-33 (9th Cir. 2008) (vacating sanction order imposed under district court’s inherent powers where the court did not make a bad faith finding before imposing sanctions and the record did not support such a finding); Zambrano v. City of Tustin, 885 F.2d 1473, 1480 (9th Cir. 1989) (“[C]onduct amounting to recklessness, gross negligence, repeated — although unintentional — flouting of court rules, or willful misconduct” is required before monetary sanctions can be imposed under local rules) (footnotes omitted).

VACATED and REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Javier OLVERA-YANEZ, A.K.A. Javier Olivera-Yanez, A.K.A. Nelos Olvera, A.K.A. Javier Olvera-Yanes, A.K.A. Nelos Vagos, A.K.A. Javier Yanez-Olvera, Defendant-Appellant
Status
Unpublished