Legal Opinion

United States v. James P. Smith

Court of Appeals for the Ninth Circuit

Decided August 2, 1991No. 90-50496PublishedCited by 38 opinions

1Opinion of the Court

ORDER

The memorandum disposition in the above-entitled case filed June 18, 1991 is amended and redesignated a per curiam opinion.

OPINION

2Per curiam

The United States appeals an order of the district court expunging James P. Smith’s criminal record. The district court believed that under its inherent equitable powers it could expunge all record of Smith’s felony convictions, without any finding or allegation that the convictions were unconstitutional or in violation of statutory authority. The court relied on Smith’s “otherwise clean background,” the relatively minor nature of his offenses, his successful…

3Cases cited10 opinions

  1. Dale B. Menard v. William B. Saxbe, Attorney General of the United States and Clarence M. KelleyCourt of Appeals for the D.C. Circuit · 1974
  2. United States v. Zalmon SchnitzerCourt of Appeals for the Second Circuit · 1977
  3. Paul L. Shipp v. Hardin E. Todd, Clerk of the 13th Judicial District Court in and for Yellowstone County, MontanaCourt of Appeals for the Ninth Circuit · 1978
  4. Martin Karl Maurer v. Individually and as Members of Los Angeles County Sheriff's Department, Peter J. Pitchess, John P. OwensCourt of Appeals for the Ninth Circuit · 1982
  5. United States v. Larry Douglas FriesenCourt of Appeals for the Tenth Circuit · 1988

5 more not listed; retrieve them via the Exa API.

4Cited by38 opinions

  1. United States v. Thomas Alan SumnerCourt of Appeals for the Ninth Circuit · 2000
  2. United States v. Eileen CrowellCourt of Appeals for the Ninth Circuit · 2004
  3. United States v. Arloha Mae PintoCourt of Appeals for the Tenth Circuit · 1993
  4. Norman-Bloodsaw v. Lawrence Berkeley LaboratoryCourt of Appeals for the Ninth Circuit · 1998
  5. Yassir Fazaga v. FbiCourt of Appeals for the Ninth Circuit · 2019

33 more not listed; retrieve them via the Exa API.

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