9th Circuit Issues Unpublished Opinion in United States v. Smirnov

On September 22, 2026, the United States Court of Appeals for the Ninth Circuit filed a document in the case of *United States of America v. Smirnov*, identified as case number 25-400, which is explicitly designated as "NOT FOR PUBLICATION."

The "NOT FOR PUBLICATION" designation carries significant legal weight for practitioners. It indicates that this particular decision or order from the Ninth Circuit cannot be cited as binding precedent in future cases, except under very limited circumstances defined by Federal Rule of Appellate Procedure 32.1 and local circuit rules, such as Ninth Circuit Rule 36-3. This status means the court likely views the matter as routine, fact-specific, or not contributing significantly to the development of legal jurisprudence. For attorneys, understanding this distinction is crucial for legal research, argument construction, and avoiding potential sanctions for improper citation.

This case is before the U.S. Court of Appeals for the Ninth Circuit, an intermediate appellate court within the federal judicial system, which holds jurisdiction over a broad geographical area in the western United States. The designation "United States of America" as a party typically signifies a federal government action, which could be a criminal prosecution or a civil enforcement matter. The clerk, Molly C. Dwyer, is a key administrative official responsible for maintaining court records. The federal appellate system distinguishes between published opinions, which establish binding precedent, and unpublished dispositions, which generally do not.

The key parties involved are the United States of America, representing the federal government, and an individual or entity named Smirnov. The judicial body overseeing this matter is the U.S. Court of Appeals for the Ninth Circuit, with Molly C. Dwyer serving as the Clerk of Court. The specific nature of the underlying dispute or the outcome of this particular filing is not detailed in the provided excerpt.

Practitioners, particularly those operating within the Ninth Circuit or federal courts, should note the filing date and case number for docket tracking, especially if involved in related matters. More importantly, the "NOT FOR PUBLICATION" status serves as a critical reminder that this document should not be cited as binding precedent. Attorneys must always verify the publication status of any appellate decision before relying on it in their legal arguments or advice, and strictly adhere to the specific rules governing the citation of unpublished opinions in their respective jurisdictions to maintain professional standards and avoid adverse consequences.