Introduction
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.
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.
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, 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). 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. The attorney general has requestedan en banc rehearing of the case.
In 2021, Judge Benitez will also preside in a lawsuit against California's "Assault Weapons" ban. The trial is set to begin on February 3.