Judge Ben Cheeks
nominee
Nominated to the U.S. District Court for the Southern District of California.
On October 23, 2024, President Biden nominated Judge Ben Cheeks to the United States District Court for the Southern District of California. Since July 2024, Cheeks has served as a Magistrate Judge for the United States District Court for the Southern District of California. With over 10 years of experience working as a criminal defense attorney, Cheeks will bring valued professional diversity to the federal bench.
Biography
Cheeks graduated with a B.A. from the University of Miami in 2000 and received his J.D. from American University, Washington College of Law in 2003.
Legal Experience
After graduating law school, Cheeks joined the New York County District Attorney’s Office in Manhattan, where he served as an Assistant District Attorney until 2010. From 2010 – 2013, he worked as an Assistant United States Attorney in the United States Attorney’s Office for the Southern District of California.
In 2013, Cheeks opened his own firm, the Law Offices of Benjamin J. Cheeks, A.P.C. For over a decade, Cheeks practiced criminal defense and pro-plaintiff civil litigation, including civil rights matters. As a member of the Criminal Justice Act panel, Cheeks represented indigent defendants in approximately 98% of his caseload; and his experience working on behalf of under-resourced defendants will bring a much-needed perspective to the federal bench. Since July 2024, Cheeks has served as a Magistrate Judge for the United States District Court for the Southern District of California.
Legal Career
United States v. Newland, et. al., No. 17cr0623-JLS (S.D. Cal.)
- While working as a criminal defense attorney, Cheeks represented defendant Donald Hornbek in the largest bribery case in the history of the U.S. Navy. This complex case involved extensive litigation and consisted of a nine-defendant indictment, within which the defendants were charged with conspiracy, bribery, and conspiracy to commit honest services fraud. Although the jury found the four defendants in Hornbeck’s trial guilty, the district judge vacated the verdicts and allowed the defendants to plead guilty to misdemeanors and receive no custody time or restitution. Under Cheeks’s counsel, Hornbeck pleaded guilty to a misdemeanor, and did not receive a custodial sentence.
Judicial Career
Moore v. O’Malley, No. 20cv1608-LL-BJC (S.D. Cal. Oct. 15, 2024)
- This case involved a review of the Acting Commission of Social Security’s denial of the plaintiff’s application for disability benefits and supplemental security income. The plaintiff was granted summary judgement, and when remanded for further review, an administrative law judge awarded the plaintiff their past benefits. As a magistrate judge, Cheeks presided over the plaintiff’s §406(b) motion to recover compensation for attorney’s fees. After consulting the relevant caselaw, Cheeks ruled that the request was reasonable and issued a recommendation that the presiding district court judge grant the motion.
Magnolia Medical Technologies, Inc. V. Kurin, Inc., No.24cv00428-DMS-BJC (S.D. Cal. Sept. 26, 2024)
- As a Magistrate Judge, Cheeks presided over Magnolia, a complex patent case involving competing medical technology companies who manufacture and sell blood sampling devices. The plaintiff alleged that one of its former advisors stole patented technology and created a competing company. At the point that Cheeks became involved, the litigation had spanned almost two decades. Cheeks considered the defendant’s motion to compel the plaintiff to comply with the Southern District’s local patent rules, which demand that a party claiming patent infringement serve preliminary infringement contentions on all parties. In September 2024, Cheeks issued an order denying the defendant’s motion and held that the plaintiff’s infringement contentions were compliant with local patent rules.