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  Friday, May 10, 2019  
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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
NINTH U.S. CIRCUIT COURT OF APPEALS
Criminal Law and Procedure
Robbery on a government reservation in violation of 18 U.S.C. Sec. 2111 is categorically a "crime of violence" under Sec. 924(c)(3)(A), even if done by "intimidation" alone.

United States v. Fultz - filed May 10, 2019
Cite as 2019 S.O.S. 17-56002
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Criminal Law and Procedure
A district court abused its discretion in failing to make an explicit reliability finding before admitting expert testimony that a fingerprint belonged to the defendant but that the error was harmless because the record was sufficient to determine that the testimony had a reliable basis in the knowledge and experience of the relevant discipline.

United States v. Ruvalcaba-Garcia - filed May 10, 2019
Cite as 2019 S.O.S. 17-50288
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Criminal Law and Procedure
Following the U.S. Supreme Court's 2015 ruling in Johnson v. U.S., a defendant's conviction for aggravated assault under Arizona Revised Statute Sec. 13-1203(A)(1) no longer qualified as a predicate felony under the Armed Career Criminal Act since Sec. 13-1203(A)(1) encompasses reckless conduct.

United States v. Orona - filed May 10, 2019
Cite as 2019 S.O.S. 17-17508
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Immigration Law
Federal immigration law does not recognize a state's policy decision to expunge, recall or reclassify a valid state conviction. A conviction vacated for reasons unrelated to the merits of the criminal proceedings -such as equitable, rehabilitation, or immigration hardship reasons- may be used as a conviction in removal proceedings, whereas a conviction vacated because of a procedural or substantive defect in the criminal proceedings may not.

Prado v. Barr - filed May 10, 2019
Cite as 2019 S.O.S. 17-72914
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LACBA Celebrates Over 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Asian American and Pacific Islander Heritage Month

“Gary   Gary Tokumori
Gary Tokumori is a shareholder at Parker, Milliken, Clark, O’Hara & Samuelian, APC, specializing in the areas of business, commercial and financial services litigation.  He has tried and argued cases at the trial and appellate levels in state and federal courts throughout California.  In addition to his general business litigation background, Mr. Tokumori has extensive experience in the creditors’ rights arena, securing prejudgment remedies in the course of representing banks and finance companies through all phases of complex commercial litigation.  He also has significant expertise in the prosecution of voidable transfer actions and in the defense of financial institutions against operations and lender liability claims.  

A Los Angeles native, Mr. Tokumori received his Bachelor of Arts in Political Science and Economics from the University of California, Los Angeles, and his Juris Doctor from Loyola Law School.  He was previously Board Chair of Inside Out Community Arts, a nationally acclaimed arts education program for underserved youth, and currently serves on the Executive Committee of the Los Angeles County Bar Association’s Remedies Section and on the Board of Governors of the Japanese American Bar Association.

 
 
 
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