Legal Opinion · Dissent

United States v. James Cabaccang, United States of America v. Richard T. Cabaccang, United States of America v. Roy Toves Cabaccang

Court of Appeals for the Ninth Circuit

Decided June 6, 2003No. 98-10159, 98-10195, 98-10203Published

1Dissent

KOZINSKI, Circuit Judge,

with whom O’SCANNLAIN, GRABER, McKEOWN and TALLMAN, Circuit Judges, join, dissenting:

Our job as judges is to apply laws adopted by the political branches of government. As the Supreme Court has told us time and time again, see, e.g., HUD v. Rucker, 535 U.S. 125, 130-31, 122 S.Ct. 1230, 152 L.Ed.2d 258 (2002); United States v. Oakland Cannabis Buyers’ Coop., 532 U.S. 483, 490-93, 121 S.Ct. 1711, 149 L.Ed.2d 722 (2001), where the statutory text is clear and speaks to the issue before us, we must faithfully enforce it, even if we firmly believe we could rewrite the…

2Cases cited39 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Bousley v. United StatesSupreme Court of the United States · 1998
  3. Patterson v. New YorkSupreme Court of the United States · 1977
  4. Duncan v. WalkerSupreme Court of the United States · 2001
  5. Marks v. United StatesSupreme Court of the United States · 1977

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