Shingle Springs Band of Miwok v. Cesar Caballero

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 22 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SHINGLE SPRINGS BAND OF MIWOK No. 20-16785

INDIANS,

D.C. No. Plaintiff-Appellee, 2:08-cv-03133-KJM-AC

v.

MEMORANDUM*

CESAR CABALLERO,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, Chief District Judge, Presiding

Submitted October 20, 2021** San Francisco, California

Before: WATFORD and HURWITZ, Circuit Judges, and BAKER,*** International Trade Judge.

The Shingle Springs Band of Miwok Indians (the “Band”) sued Cesar

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable M. Miller Baker, Judge for the United States Court of International Trade, sitting by designation. Caballero, alleging that he had misappropriated the Band’s name for his own

purposes, in violation of the…