Roger T. Benitez

Roger Thomas Benitez (born December 30, 1950) is an American attorney and jurist serving as a Senior United States District Judge of the United States District Court for the Southern District of California.

Roger T. Benitez
Senior Judge of the United States District Court for the Southern District of California
Assumed office
December 31, 2017
Judge of the United States District Court for the Southern District of California
In office
June 21, 2004 – December 31, 2017
Appointed byGeorge W. Bush
Preceded bySeat established by 116 Stat. 1758
Succeeded byvacant
Magistrate Judge of the United States District Court for the Southern District of California
In office
2001–2004
Judge of the California Superior Court
In office
1997–2001
Personal details
Born
Roger Thomas Benitez[1][2]

(1950-12-30) December 30, 1950[2]
Havana, Cuba[2]
Spouse(s)Cathryn C. Carr[2]
ResidenceEl Centro, California
EducationImperial Valley College (AA)
San Diego State University (BA)
Western State University College of Law (JD)

Early life and education

Born in Havana, Cuba, Benitez received an Associate of Arts degree from Imperial Valley College in 1971, a Bachelor of Arts degree from San Diego State University in 1974, and a Juris Doctor from Western State University College of Law in 1978.[3][4]

Career

Benitez worked in private practice in Imperial County, California from 1978 to 1997. He was a judge on the California Superior Court from 1997 to 2001, also serving as an instructor for Imperial Valley College from 1998 to 1999.

Federal judicial service

In 2001, Benitez was appointed by the United States District Court for the Southern District of California to serve as a United States Magistrate Judge. Then, on May 1, 2003, he was nominated by President George W. Bush to a new seat on the Southern District of California created by 116 Stat. 1758. Benitez was confirmed by the United States Senate on June 17, 2004,[5] and received his commission on June 21, 2004. He assumed senior status on December 31, 2017.

Judicial Opinions

In 2019, Benitez granted summary judgment in a lawsuit against California's ban on "Large Capacity Magazines" (LCMs).[6] The opinion addressed the lengthy history of firearms and self-defense rights in America, and the roots in English history. Attorney General Xavier Becerra appealed the ruling to the 9th Circuit. In 2020, a three-judge panel affirmed Benitez's grant of summary judgment in a 2-1 decision authored by Judge Kenneth Lee.[7] The attorney general has requested an en banc rehearing of the case.[8]

In 2021, Judge Benitez will also preside in a lawsuit against California's "Assault Weapons" ban.[9] The trial is set to begin on February 3.

References
  1. "Roger Thomas Benitez Judge Profile on Martindale.com". www.martindale.com.
  2. Confirmation hearing on federal appointments : hearing before the Committee on the Judiciary, United States Senate, One Hundred Eighth Congress, first session. pt.6 (2003) – page 739
  3. "Judge Roger Benitez, Southern California U.S. District Court | The Presidential Prayer Team". www.presidentialprayerteam.org. 2020-04-30. Retrieved 2020-08-15.
  4. "Congressional Record, Volume 150 Issue 84 (Thursday, June 17, 2004)". www.govinfo.gov. Retrieved 2020-08-15.
  5. Joe Cantlupe, El Centro magistrate joins U.S. bench, The San Diego Union-Tribune (June 18, 2004).
  6. "Federal court strikes down California gun magazine ban". Washington Examiner. 2019-03-30. Retrieved 2020-10-12.
  7. "Federal appeals court strikes down California's ban on high-capacity magazines, says restrictions violate 2nd Amendment". Associated Press. Associated Press. 2020-08-14. Retrieved 2020-10-12.
  8. "Duncan Case Update- State Takes Action Against Gun Owners!". CRPA. 2020-08-28. Retrieved 2020-10-12.
  9. "Miller v. Becerra - California AW Challenge". Firearms Policy Coalition. Retrieved 2021-02-02.
Legal offices
Preceded by
Seat established by 116 Stat. 1758		 Judge of the United States District Court for the Southern District of California
2004–2017		 Vacant
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