United States v. Loia Aifili, 12 F.3d 1108 (9th Cir. 1993). · Go Syfert
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United States v. Loia Aifili, 12 F.3d 1108 (9th Cir. 1993). Cases Citing This Book View Copy Cite
“the standard for determining whether a plaintiff has 13 failed to state a claim upon which relief can be granted under 1915(e)(2)(b)(ii) is the 14 same as the federal rule of civil procedure 12(b)(6) standard for failure to state a 15 claim.”
53 citation events (21 in the last 25 years) across 10 distinct courts.
Strongest positive: Craven v. Robertson (cand, 2021-05-04)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (quoted) Craven v. Robertson
N.D. Cal. · 2021 · quote attribution · 1 verbatim quote · confidence low
pursuant to 28 u.s.c. 2254 (b)(1)(a), a federal court may not 13 consider the merits of claim unless he has exhausted all available state court 14 remedies
examined Cited as authority (quoted) Johnson v. Pope Francis Paul
D. Nev. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the standard for determining whether a plaintiff has 13 failed to state a claim upon which relief can be granted under 1915(e)(2)(b)(ii) is the 14 same as the federal rule of civil procedure 12(b)(6) standard for failure to state a 15 claim.
discussed Cited as authority (rule) Twila Denise Bracy v. Kilolo Kijakazi
C.D. Cal. · 2022 · confidence medium
Cal. Apr. 28, 2021) (rejecting challenge to VE testimony based 8 upon data contained in ONET and Occu Collect, stating that “the non-DOT sources 9 Plaintiff cites are not conclusive regarding the standing requirements for the jobs the 10 vocational expert identified” and that an ALJ need not resolve conflicts between 11 vocational expert testimony and a source other than the DOT) (citing Shaibi, 883 12 F.3d at 1108-1110); Talley v. Saul, 2020 WL 8361923 , at *1 (C.D.
discussed Cited "see" Kent v. HCL Technologies Limited
W.D. Wash. · 2024 · signal: accord · confidence high
“At the pleading stage, general factual allegations of injury 6 resulting from the defendant’s conduct may suffice[.]” Id.; accord Tingley v. Ferguson, 47 F.4th 7 1055, 1066 (9th Cir. 2022). 8 This case falls into a category of lawsuits where standing is premised on the violation of a 9 statutory right. “[T]he Supreme Court made clear that a plaintiff does not ‘automatically satisf[y] 10 the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to 11 authorize that person to sue to vindicate that right.’” Robins v. Spokeo, Inc. (Spokeo II), …
discussed Cited "see" Spencer v. Vera Whole Health Inc
W.D. Wash. · 2024 · signal: accord · confidence high
“At the pleading stage, general factual allegations of injury 6 resulting from the defendant’s conduct may suffice[.]” Id.; accord Tingley v. Ferguson, 47 F.4th 7 1055, 1066 (9th Cir. 2022). 8 This case falls into a category of lawsuits where standing is premised on the violation of a 9 statutory right. “[T]he Supreme Court made clear that a plaintiff does not ‘automatically satisf[y] 10 the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to 11 authorize that person to sue to vindicate that right.’” Robins v. Spokeo, Inc. (Spokeo II), …
discussed Cited "see" Wright v. United States District Court the District of Nebraska
D. Neb. · 2023 · signal: see · confidence high
See Shelton v. Estelle, 12 F.3d 1108 (9th Cir. 1993) (explaining that until an order and final judgment was entered in a habeas matter that any attempt to appeal is premature, and that a subsequent entry of judgment did not cure the premature appeal since “an appeal in a habeas proceeding may only be taken from the ‘final order’ disposing of all the claims for relief”).
Retrieving the full opinion text from the archive…
United States
v.
Loia Aifili
92-50604.
Court of Appeals for the Ninth Circuit.
Nov 18, 1993.
12 F.3d 1108
Unpublished
2 passages pin-cited by 2 cases
Pinpoint authority: #45,678 of 633,719
Citer courts: N.D. California (1) · D. Nevada (1)

12 F.3d 1108

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Loia AIFILI, Defendant-Appellant.

No. 92-50604.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Nov. 3, 1993.
Decided Nov. 18, 1993.

1

Before: BROWNING, BEEZER, and TROTT, Circuit Judges

ORDER

2

It is clear from the record that the district court accepted the guilty plea and the plea agreement calling for the imposition of a 10 year sentence to be "calculated pursuant to Sec. 2D1.11 not Sec. 2D1.1 and Sec. 2D1.4." The sentence is vacated and the case is remanded for resentencing in accord with the plea agreement. Fed.R.Crim.P. 11(e)(1)(c), (e)(3). Chizen v. Hunter, 809 F.2d 560 (1987).