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  • Fernandez v. A Leonardo
    931 F2d 214
    Respondent-appellant Arthur Leonardo appeals from a judgment, entered in the United States District Court for the Eastern District of New York (I. Leo Glasser, Judge ), granting petitioner-appellee Bi...

  • United States v. Rhodes
    931 F2d 888
    Russell Rhodes appeals from the district court order revoking probation and imposing an active sentence of three years for his convictions on several counts of mail fraud. Probation was revoked becau...

  • United States v. Gamber
    931 F2d 888
    Diana Maria Caballero Rangel Gamber pled guilty to one count of conspiracy to possess with intent to distribute and to distribute multiple-kilogram quantities of cocaine hydrochloride in violation of ...

  • United States v. A Muldoon
    931 F2d 888
    The United States appeals the dismissal of an indictment against Thomas E. Muldoon that the district court believed to be tainted by prosecutorial vindictiveness. Because prosecutors may use threats ...

  • Reynolds v. Jw Benefield Eh L Fg E
    931 F2d 506
    Plaintiff-appellant, Reather Reynolds, as administratrix of the estate of her son John Willie Reeves and in her own behalf, appeals from an order of the United States District Court for the Eastern Di...

  • Coopert Smith Abshire v. Gnots Reserve Inc Cormier
    929 F2d 1073
    PER CURIAM:Plaintiff, Elizabeth Abshire, the widow of Donald Abshire, seeks review of the district court's grant of summary judgment in favor of defendants, Cooper/T. Smith and Gnots-Reserve claiming ...

  • United States v. Estrada Molina
    931 F2d 964
    Manuel Jose Estrada-Molina pled guilty to one count of distribution of cocaine and one count of reentry into the United States after deportation. As part of the plea agreement the government dismisse...

  • United States v. J Buckley
    934 F2d 84
    A jury convicted Paul J. Buckley of violating 42 U.S.C. Secs. 7412(c)(1)(B), 7413(c)(1)(C), Clean Air Act provisions regulating the release of asbestos into the environment. The jury also convicted h...

  • Cramer Products Inc v. International Comfort Products Ltd
    931 F2d 900
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Taylor v. Wallace
    931 F2d 698
    Albert E. Taylor appeals from an order of the district court dismissing his complaint, filed pursuant to 42 U.S.C. Sec. 1983, as frivolous under 28 U.S.C. Sec. 1915(d). In his complaint, Mr. Taylor ...

  • United States v. Kindred
    931 F2d 609
    Defendant Keith Kindred was set up by an informer and arrested by undercover federal agents. He was charged with possession of an unregistered firearm, in violation of 26 U.S.C. Sec. 5861(d), and con...

  • Sage v. Automation Incorporated Pension Plan and Trust M M M M M
    931 F2d 900
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of these appeals. See Fed.R.App.P. 34(a); 10th...

  • National Companies Health Benefit Plan v. St Josephs Hospital Of Atlanta Inc S S Hersh
    929 F2d 1558
    This appeal involves the continuation coverage provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the principle of equitable estoppel. Robert Hersh, following his resignati...

  • Wilson v. United States
    931 F2d 894
    Petitioner, Paul L. Wilson, Jr., appeals from the denial of his 28 U.S.C. Sec. 2255 petition for vacation of his sentence. Wilson's primary argument is predicated upon a claim of ineffective assistan...

  • Koskotas v. B Roche
    931 F2d 169
    Petitioner-appellant George Koskotas challenges a district court order denying habeas corpus relief from an order of extradition to the Hellenic Republic of Greece for criminal prosecution. We affirm...

  • United States v. Clark
    931 F2d 292
    Francis Allan Clark was involved in an investigation by the federal government for his participation in some real estate development. Clark, though previously claiming he was innocent, pled guilty in...

  • United States v. E Muldoon
    931 F2d 282
    Thomas E. Muldoon appeals a judgment entered on the verdict of a jury convicting him of three counts of bribery of a public official in violation of 18 U.S.C. Sec. 201(b), three counts of violating th...

  • United States v. Johnson
    931 F2d 238
    This appeal represents another in the continuing series of cases in which this court and other courts of appeals throughout the country have considered issues raised by the recently promulgated United...

  • United States v. Perez
    931 F2d 888
    Augustine Perez petitions for permission to appeal from the district court's denial of his motion for injunction, filed in his criminal action, by which he sought to halt the government's allegedly ma...

  • Fussell v. Health Care and Retirement Corporation Of America Inc
    931 F2d 893
    Plaintiff, Karen Fussell, appeals the district court's award of summary judgment for defendant, Health Care and Retirement Corporation of America (Health Care or HCR), in this Toussaint wrongful disch...

  • United States v. L Chaif
    931 F2d 894
    Defendant, John Leslie Chaif, appeals his jury conviction and sentence for armed bank robbery and use of a firearm during the commission of a crime, in violation of 18 U.S.C. Secs. 2113(d) and 924(c)....

  • Animal Legal Defense Fund v. J Quigg C
    932 F2d 920
    This is an appeal from the order of the District Court for the Northern District of California (Smith, J.) granting defendants' motion to dismiss the complaint in Animal Legal Defense Fund v. Quigg, 7...

  • Cooper v. Sheriff Lubbock County Texas
    929 F2d 1078
    Plaintiff-Appellant, Alvin Ray Cooper, a state prisoner, sued officials of the county jail in Lubbock County, Texas, pursuant to Section 1983 of Title 42 of the United States Code, claiming, inter ali...

  • United States v. Etheridge
    932 F2d 318
    Following a jury trial, appellant was convicted of one count of being a convicted felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). Appellant's sentence was enhanced under 18...

  • Bachelier v. Hamilton County Ohio
    931 F2d 893
    Before KENNEDY AND RYAN, Circuit Judges, and FEIKENS, Senior District Judge. FEIKENS, District Judge. Appellants brought suit in the United States District Court for the Southern District of Ohio,...

  • United States v. D Boyd
    931 F2d 893
    Defendant, Charles D. Boyd, appeals his jury conviction for distribution of cocaine in violation of 21 U.S.C. Sec. 841(a)(1) and related felonies, claiming that the government's conduct in its investi...

  • Schriemer v. Greenburg M M Pc
    931 F2d 893
    This appeal arises out of the much litigated Diamond Mortgage Corp. ("Diamond")/A.J. Obie & Associates ("Obie") mortgage-backed securities fraud. Plaintiffs, investors in mortgage-backed notes, ...

  • United States v. Aguilar
    931 F2d 893
    Defendant, Ernesto Aguilar, pleaded guilty to one count of conspiracy with intent to distribute cocaine in excess of 500 grams. 21 U.S.C. Sec. 846. The guilty plea was pursuant to a written plea agr...

  • McCarty v. United States
    929 F2d 1085
    As an issue of first impression in this circuit we consider here a possible waiver of sovereign immunity in a tax case pursuant to 28 U.S.C. Sec. 2410. The instant suit concerns the government's seiz...

  • United States v. T Brittain
    931 F2d 1413
    A jury convicted defendant-appellant, Raymond T. Brittain, of eighteen felony counts of falsely reporting a material fact to a government agency, 18 U.S.C. Sec. 1001, and two misdemeanor counts of dis...

  • Bagby v. Kuhlman
    932 F2d 131
    Appellant Robert Kuhlman appeals from a judgment, entered in the United States District Court for the Southern District of New York (Pierre N. Leval, Judge ), granting appellee Vernon Bagby's petition...

  • United States v. W Gentry D
    931 F2d 894
    Having pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. Sec. 846, Gentry and Sanders appeal their respective sentences. Gentry claims...

  • United States v. Keene
    933 F2d 711
    The issue presented in this case is quite direct: Does a district court judge have the authority sua sponte to sentence a defendant below the applicable mandatory minimum punishment prescribed by Con...

  • United States v. Jones
    933 F2d 353
    This is an appeal from a sentence imposed for an admitted violation of 18 U.S.C. Sec. 1029(a)(2), a statute that criminalizes certain fraudulent uses of unauthorized credit cards. The defendant cont...

  • Johnson v. W Puckett
    929 F2d 1067
    A black state prisoner, indicted for murder in 1979 and thereafter convicted, contends that he was denied equal protection of the law because for a twenty year period up to and including his indictmen...

  • United States v. Nemecek
    931 F2d 894
    Defendant-appellant Janet Nemecek (appellant) was convicted by a jury of several charges related to an embezzlement scheme. She appeals, asserting two errors: (1) denial of her right to effective as...

  • United States v. Hernandez
    931 F2d 16
    Julio Hernandez was charged in a three-count indictment with one count of conspiracy to possess cocaine with intent to distribute and one count of possession with intent to distribute in violation of ...

  • United States v. Elgersma
    929 F2d 1538
    The proper burden of proof in a forfeiture action following a conviction on drug and continuing criminal enterprise violations is the principal issue of this appeal. Appellant argues that criminal fo...

  • Wright v. W Deland L A A X
    931 F2d 900
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Baker v. Cowley
    931 F2d 1394
    We grant the appellant's application for certificate of probable cause. The issue we decide is whether an Oklahoma second degree murder statute that requires the imposition of a mandatory indetermin...

  • United States v. Fowler
    932 F2d 306
    Richard L. Fowler appeals from his convictions for conversion and unauthorized conveyance of classified documents in violation of 18 U.S.C. Sec. 641, mail fraud in violation of 18 U.S.C. Sec. 1341, an...

  • United States v. T Clark
    931 F2d 900
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Taylor v. Hesse L
    931 F2d 900
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. E Humphreys
    931 F2d 900
    ORDER AND JUDGMENT Defendant-appellant James E. Humphreys, Jr. appeals from the judgment and sentence entered following his conviction on nine counts of distribution of cocaine in violation of 21 U.S...

  • Fitzgerald v. Utah County W
    931 F2d 900
    J. Walter Fitzgerald, Betty M. Fitzgerald, Printess K. Fitzgerald, and Jenence Fitzgerald (the Fitzgeralds) brought this action pursuant to 42 U.S.C. Sec. 1983 (1988) and state law against Utah County...

  • United States v. Frank
    932 F2d 700
    David Lee Frank appeals the district court's imposition of a twenty-one-month sentence after his guilty plea to one count of being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922...

  • United States v. Eves
    932 F2d 856
    In this appeal brought by a defendant convicted and sentenced for possessing 1000 or more marijuana plants with intent to distribute we have to decide what constitutes a marijuana "plant" under the Se...

  • United States v. S Agnew
    931 F2d 1397
    Vicki Mandell-King, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the briefs), Denver, Colo., for defendant-appellant. Linda Kaufman, Asst. U.S. Atty. (Michae...

  • Rr Donnelley Sons Company v. Federal Trade Commission
    931 F2d 430
    R.R. Donnelley & Sons Co., a commercial printer, acquired Pan Associates, L.P., and Meredith Corp., two other printers, last year. A district judge denied the Federal Trade Commission's request f...

  • United States v. Berry
    931 F2d 671
    Kevin Berry, the appellant, Steve Ramsey and John Wesley Lee, III were charged in a three-count indictment as follows: in count one, all three were charged with the distribution of approximately .2 g...

  • United States v. F Murphey
    931 F2d 606
    Victoria Murphey appeals the district court's denial of her motion for a judicial recommendation against deportation. We affirm. Murphey is a Filipino citizen who has been in the United States sinc...

  • United States v. Simmonds
    931 F2d 685
    This case requires us to decide whether the district court committed plain error by failing to instruct the jury on a defense of diminished capacity in a prosecution of an inmate for assaulting correc...

  • United States v. Cornish
    931 F2d 887
    Monroe Cornish appeals the determination by the district court that Cornish should be committed to the custody of the Attorney General for custody, care, and treatment pursuant to 18 U.S.C. Sec. 4246....

  • United States v. Vaccaro
    931 F2d 605
    John Joseph Vaccaro was convicted of racketeering. United States v. Vaccaro, 602 F.Supp. 1132 (D.Nev.1985), aff'd, 816 F.2d 443 (9th Cir.), cert. denied, 484 U.S. 928, 108 S.Ct. 295, 98 L.Ed.2d 255 (...

  • United States v. A Moorman
    931 F2d 894
    A jury having found that defendant Stefan Moorman violated 21 U.S.C. Sec. 841(a)(1) and 18 U.S.C. Sec. 2 by aiding and abetting another in the possession of cocaine with intent to distribute it, and t...

  • United States v. Burgess
    931 F2d 893
    Defendant Jefferson Burgess ("Burgess") appeals from the district court's November 30, 1989, pretrial order denying his motion to dismiss the indictment. For the reasons stated below, we AFFIRM. Sp...

  • United States v. Harrison
    931 F2d 888
    Eddy Lee Harrison appeals from the district court's order denying his motion to reconsider the denial of transcripts of his guilty plea and sentencing hearings. Our review of the record and the dist...

  • United States v. K Hutzenlaub
    931 F2d 894
    Defendant-appellant Steven K. Hutzenlaub appeals the district court's judgment revoking probation and imposing sentence. For the following reasons, we affirm the judgment of the district court. Hut...

  • United States v. Wilson
    931 F2d 894
    Convicted of various drug-trafficking and firearms offenses, defendant Tharron Wilson appeals the judgment against him on the ground that the jury venire was not drawn from a fair cross section of the...

  • Jackson v. L Dugger
    931 F2d 712
    On April 20, 1975, Carl Jackson robbed a convenience store and murdered the clerk, Ann Butler. In the process of leaving, Jackson kidnapped Mary Price and later murdered her. He was convicted in a F...

  • Eidi v. Kidder Peabody and Co Inc
    931 F2d 893
    The question presented on appeal is whether the three-month period of limitations for filing a motion to vacate an arbitration decision, set forth in Ohio Rev.Code Ann. Sec. 2711.13, begins to run whe...

  • United States v. Allen
    930 F2d 1270
    Linda Bivens, an undercover agent with the Illinois State Police, accompanied a confidential informant to an apartment in Springfield, Illinois, to purchase cocaine. The informant knocked on the door...

  • United States v. Solomon
    946 F2d 1567
    This case was considered on the record on appeal from the United States District Court for the District of Columbia, and on the briefs filed by the parties and argument by counsel. The court has det...

  • McGuinness v. Valdivia
    931 F2d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Padilla Palacios v. United States
    932 F2d 31
    Petitioner, Miguel Padilla Palacios, appeals the district court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2255. We affirm the district court. In May 1987...

  • United States v. Casiano
    929 F2d 1046
    Santiago Casiano, Jr. is a federal prisoner who was convicted in 1979 of conspiracy and of marijuana possession with intent to distribute. He now appeals the district court's denial of his 28 U.S.C. ...

  • United States v. Hankins
    931 F2d 1256
    Larry Wayne Hankins was convicted of armed bank robbery, in violation of 18 U.S.C. Sec. 2113(a), (d) (1988); use of a firearm during a crime of violence, in violation of 18 U.S.C. Sec. 924(c)(1); an...

  • Marx v. United States
    930 F2d 1246
    The U.S. Marshal was late in delivering two cows--and therefore Dennis Purtell Marx claims that his guilty plea to drug distribution, firearms and tax charges should be thrown out. This claimed late ...

  • United States v. Harty
    930 F2d 1257
    Thomas Harty, Walter Lesczynski, Paul DiCaro and Michael Gurgone were convicted by a jury for participating in a conspiracy to commit robbery and attempted robbery in violation of the Hobbs Act, 18 U....

  • Lemieux v. Kerby
    931 F2d 1391
    We grant the appellant's application for certificate of probable cause. The appellant, Paul Lemieux, appeals from the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. Lemieux ...

  • United States v. Wadelington
    931 F2d 55
    William Ray Wadelington appeals his conviction on one count of violation of 21 U.S.C. Sec. 846 after a guilty plea. His attorney filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). ...

  • United States v. Gomez
    931 F2d 55
    Jaime Gomez and William Campuzano appeal from the district court's order granting the government's motion to strike the special parole terms from their sentences as improperly imposed. Our review of ...

  • Parret v. Cowley
    931 F2d 63
    AFFIRMED. The mandate shall issue forthwith. ...

  • United States v. Johnson
    931 F2d 64
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Rutherford
    931 F2d 64
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Olson
    931 F2d 1250
    Andrew James Olson appeals from a final judgment entered in the District Court for the District of Minnesota finding him guilty, upon a guilty plea, of attempted possession of cocaine with the intent ...

  • United States v. Rivera Martinez
    931 F2d 148
    We are called upon today to revisit the tribulations of defendant-appellant Hector Rivera-Martinez following his guilty plea to four counts of what we once described as "a multi-count indictment ... o...

  • United States v. Baty
    931 F2d 8
    In October 1989 Baty was indicted for various drug offenses. She entered a plea of guilty to a charge of violating 21 U.S.C. Sec. 843(b) by using a telephone to facilitate the commission of an offens...

  • Kinnell v. Roberts
    931 F2d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Aguilar
    931 F2d 63
    Defendant William Aguilar appeals his conviction for attempt to manufacture methamphetamine, in violation of 21 U.S.C. Secs. 841(a)(1) and 846 and 18 U.S.C. Sec. 2, and carrying a firearm in relation ...

  • United States v. Heath
    931 F2d 888
    Ronald Heath appeals his conviction, pursuant to a guilty plea, of eight drug and weapons violations. He was sentenced to five years on each of the two firearms charges and 21 months on the drug char...

  • United States v. Robotham
    931 F2d 888
    Worrell Austin Robotham appeals his conviction on one count of conspiracy to distribute cocaine base, three counts of distribution, and two counts of possession. We affirm. Robotham owned and opera...

  • First Interstate Bank Of Utah Na v. Internal Revenue Service
    930 F2d 1521
    This appeal from the district court's affirmance of the bankruptcy court's order requires us to interpret Utah Code Ann. Sec. 70A-9-107(b), which provides that: [a] security interest is a purchase m...

  • Martinez v. Kerby
    931 F2d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Aragon
    931 F2d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Guder
    931 F2d 63
    In this consolidated appeal, Everette Vern Guder and his son, Gary Ronald Guder, contest their convictions under 21 U.S.C. Sec. 841(a)(1) and 18 U.S.C. Sec. 2, for possession with intent to distribute...

  • Herman v. Butterworth
    929 F2d 623
    Appellant Mark Herman appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. 744 F.Supp. 1128. In his petition, Herman alleges that he was...

  • Allstate Insurance Company v. James G Holt Theresa Zurek
    932 F2d 967
    Defendant-appellant Theresa Zurek was divorced from her husband of many years, Leo Zurek, in November of 1978. Defendant James G. Holt was divorced from his first wife at about the same time. Mrs. Z...

  • Harbour v. Armstrong World Industries Inc
    932 F2d 968
    Malcolm Harbour, the personal representative and plaintiff on behalf of his late father, Raymond J. Harbour, appeals from the district court's grant of a directed verdict for defendant Owens-Illinois....

  • United States v. Bodden
    931 F2d 887
    Ralph Bodden appeals from a district court order entering judgment pursuant to a jury verdict finding Bodden guilty of two counts of making false statements to a firearms dealer in violation of 18 U.S...

  • United States v. Haga
    931 F2d 642
    Mr. Haga appeals the denial of his motion for a writ of coram nobis whereby he attempted to set aside a nine-year-old guilty plea on the grounds he was incompetent to enter the plea and also was insan...

  • Cowley v. Stricklin
    929 F2d 640
    Because we hold that the district court erred in its conclusion that petitioner-appellant Lewis Coleman Cowley was not entitled to a state-provided mental health expert to assist in the preparation an...

  • Manor Healthcare Corp v. Lomelo Manor Healthcare Corp A
    929 F2d 633
    In this appeal, we affirm the district court's rulings (1) that a municipality is not necessarily liable, in a 42 U.S.C. Sec. 1983 lawsuit, for a city official's criminal activities, although the acti...

  • United States v. Melton
    930 F2d 1096
    These consolidated appeals present challenges to sentencing. Donald James Roger and James Richard Melton pled guilty to conspiracy to possess with intent to distribute over 100 kilos of marihuana. E...

  • United States v. Valle
    929 F2d 629
    Appellants Jerry Valle and Jorge Gochis pled guilty to an indictment which alleged that they had committed conspiracy to commit bank larceny in violation of 18 U.S.C. Sec. 371, and bank larceny in vio...

  • United States v. Guthrie
    931 F2d 564
    Blair William Guthrie appeals his conviction for possession of an unregistered silencer, claiming the district court erred by: (1) failing sua sponte to give certain jury instructions; (2) restricti...

  • Sayles v. Veza
    931 F2d 895
    Appellant Benjamine Sayles appeals the district court's order granting the motions to dismiss of twenty-two defendants in his complaint alleging numerous violations of his civil rights. This appeal ...

  • United States v. McNatt
    931 F2d 251
    Robert McNatt was convicted of possession with intent to distribute a kilogram of cocaine in violation of 21 U.S.C. Secs. 841(a)(1) and (b)(1)(B). He appeals and claims error by the district court in...

  • United States v. Defusco
    931 F2d 887
    Annette DeFusco seeks to appeal the district court's order denying her motion to withdraw her guilty pleas. The district court denied her motion on the basis that her earlier notice of appeal challen...

  • Badea v. Cox
    931 F2d 573
    Badea, a former inmate of the Federal Prison Camp at Lompoc, California, brought a civil rights action against the warden and two prison officials for their denial of his repeated requests for placeme...

  • Kitt v. Clarke
    931 F2d 1246
    Wesley Kitt appeals the district court's dismissal of his petition for a writ of habeas corpus. Kitt argues that he received ineffective assistance of counsel because his court-appointed trial counse...

  • United States v. Bennett
    928 F2d 1548
    Derick Bennett appeals his conviction on charges of cocaine distribution and retaliation against a government informant. In the spring of 1989, Derick Bennett was involved in cocaine distribution in...

  • United States v. J Strain
    932 F2d 971
    Before BAUER, Chief Judge, COFFEY, Circuit Judge, and HUBERT L. WILL, Senior District Judge. On September 2, 1986, a person identifying himself as Toussaint Barrett purchased a Marlin Model 60 .22 c...

  • Osborn v. Shillinger
    931 F2d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Olson
    931 F2d 64
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Welch
    931 F2d 55
    John Graylon Welch appeals his conviction for unlawful possession of a firearm by a convicted felon, in violation of 18 U.S.C. Sec. 922(g)(1). Because we find his appeal lacks merit, we affirm. Aft...

  • United States v. Gardner
    931 F2d 1097
    Defendant-Appellant Roger Gardner was sentenced to 60 months imprisonment for the unlawful possession of a short-barreled shotgun and the possession with intent to distribute of five grams or more of ...

  • United States v. Parrish
    931 F2d 57
    The defendant, Donald Parrish, appeals his conviction of making a false and fictitious statement on an Alcohol, Tobacco and Firearms (ATF) form 4473 in violation of 18 U.S.C. sections 922(a)(6) and 92...

  • Javed v. Anheuser Busch Inc F
    931 F2d 62
    After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See ...

  • United States v. 2995900 Us Currency
    931 F2d 549
    Robert G., Sara, and Consuelo Navarro appeal the district court's judgment of forfeiture of $29,959.00 in currency following a bench trial. The Navarros contend that clerical errors made by the gover...

  • Hartman v. University Of Kentucky Athletic Association Inc
    931 F2d 56
    Plaintiff Scott Hartman was severely injured while preparing for an athletic event at the University of Kentucky. He brought this diversity action against several defendants including appellant Unive...

  • United States v. Moss
    931 F2d 55
    John David Moss appeals the district court's dismissal of his 28 U.S.C. Sec. 2255 motion. Because Moss's appeal lacks merit, we affirm. Moss raises two claims in his Sec. 2255 motion. First, he cl...

  • United States v. Salerno J O
    932 F2d 117
    Blue Circle Atlantic, Inc. ("Blue Circle") appeals from two orders of the United States District Court for the Southern District of New York, Mary Johnson Lowe, Judge, authorizing the government to t...

  • Lovett v. St Johnsbury Trucking
    931 F2d 494
    The principal issue in this case, here on appeal from the United States District Court for the District of Minnesota (Murphy, J.), is whether certain payments a bankrupt company made to the appellant ...

  • Depineda v. McKenna L
    931 F2d 62
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Smith
    930 F2d 1081
    Terry Dean Smith was convicted in federal district court on three counts of illegal possession of firearms. Although he attacks his conviction and sentence on numerous grounds, we are persuaded by no...

  • Hilliard v. City and County Of Denver
    930 F2d 1516
    This case is an appeal by defendant police officers from the denial of their motion for summary judgment based on qualified immunity. Because we find that the existence of a constitutional right, all...

  • Ferrari v. Commissioner Of Internal Revenue
    931 F2d 54
    This is an appeal from a decision of the United States Tax Court determining that the appellants were liable for income tax deficiencies totalling $94,390 for the taxable years 1978 through 1981. The...

  • Allstate Insurance Company v. Stoyanovich
    931 F2d 56
    Plaintiff-appellant Allstate Insurance Company has appealed from summary judgment entered by the United States District Court for the Eastern District of Michigan in favor of defendants-appellees Bori...

  • United States v. Cornelius
    931 F2d 490
    Douglas Greg Cornelius appeals the district court's enhancement of his sentence for being a career offender under Sec. 4B1.1 of the Sentencing Guidelines. United States Sentencing Commission, Guideli...

  • United States v. Hill W H D
    931 F2d 56
    Finally, Norman contends (1) that there was insufficient evidence to convict him; (2) that the court improperly allowed opinion testimony regarding the purpose of a meeting; (3) that testimony was e...

  • United States v. D Daniele
    931 F2d 486
    Anthony Daniele appeals the district court orders denying his motion for a new trial and reducing his sentence by only one year. Except for an order of restitution, which we deem Daniele to have comp...

  • United States v. Mastropierro
    931 F2d 905
    Appellants Rachel M. Frankel and Elizabeth Mastropierro each pleaded guilty to one count of depredation of federal property, in violation of 18 U.S.C. Sec. 1361, for defacing the United States Capitol...

  • United States v. Bartlett
    931 F2d 55
    Allen Lee Bartlett appeals an order of the district court which dismissed his 28 U.S.C. Sec. 2255 motion as successive under Rule 9(b) of the Rules Governing Sec. 2255 motions. We affirm. In 1986, ...

  • United States v. A McKinnell
    931 F2d 64
    Before 1984, drug offenders sentenced to prison were required to serve terms of special parole following their incarceration. The Sentencing Reform Act of 1984 eliminated special parole and, in its p...

  • National Labor Relations Board v. Apparatus Service Inc
    931 F2d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. C Werts
    931 F2d 57
    Defendant Cleveland Werts ("Werts"), appeals from the March 15, 1990, jury verdict and July 17, 1990, sentence in this conviction for uttering forged endorsements on United States Treasury checks in v...

  • United States v. Harris
    931 F2d 55
    Appellant was convicted by a jury of 17 counts of violating the Hobbs Act, 18 U.S.C. Sec. 1951, on charges that he extorted money from a natural gas supplier under color of his official right as gener...

  • United States v. J Onabamiro
    931 F2d 55
    Segun Onabamiro and Gabriel Odeghe were convicted by a jury of distributing over 100 grams of heroin in violation of 21 U.S.C. Secs. 841(a) and (b)(1)(B)(i). Both appeal the sentence imposed and we a...

  • United States v. Crawford
    931 F2d 55
    Sherry Crawford pled guilty to conspiracy to distribute marijuana in violation of 21 U.S.C. Sec. 846. She appeals the sentence she received and we affirm. Crawford claims that the district court sh...

  • United States v. Moore
    931 F2d 3
    This is a single issue criminal appeal wherein defendant-appellant James Owen Moore assigns error to the district court's resort to an upward departure in formulating Moore's sentence. We affirm. O...

  • Smith v. Smith Nc
    931 F2d 242
    In this appeal, we review a Sixth Amendment claim of ineffective assistance of counsel raised by defendant, Elwood Smith, who had been convicted in state court of murder and assault. He exhausted his...

  • United States v. Williams
    931 F2d 55
    Letitia Williams appeals the sentence she received after her guilty plea to conspiracy to distribute over five kilograms of cocaine (21 U.S.C. Sec. 846). She alleges that the government breached the ...

  • Luckey Iii v. Miller
    929 F2d 618
    Horace Luckey III and the other appellees herein seek intervention by the federal courts regarding the indigent criminal defense system of the Georgia state courts. This court has permitted the appel...

  • Boze v. G Broglin
    931 F2d 895
    Pro se petitioner Edgar Boze appeals the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. We affirm. On May 25, 1983, Boze was charged with attempted murder and b...

  • Jones v. City Of Gary Controllers Office C G
    931 F2d 895
    Anthony Jones proceeded without counsel in a civil jury trial against the Gary Controller's Office, the Gary Chief of Police and various officers of the Gary Police Department. In his case, filed pur...

  • Jennings v. Oleary
    931 F2d 895
    Pro se petitioner Lawrence Jennings appeals from the denial of his petition for a writ of habeas corpus for failure to exhaust his state court remedies. We affirm, albeit on a different ground than t...

  • United States v. A Moore
    931 F2d 245
    The defendant, former West Virginia Governor Arch A. Moore, Jr., signed a plea agreement with the government on April 12, 1990, in which he agreed to plead guilty to a five count indictment. However,...

  • United States v. Dye
    931 F2d 55
    A jury convicted Daniel Dye of possession with the intent to distribute cocaine in violation of 21 U.S.C. Secs. 841(a)(1) & (b)(1)(C). Dye appeals his conviction claiming that (1) the district co...

  • United States v. Newman
    931 F2d 57
    This is an appeal from sentences imposed under the United States Sentencing Guidelines after the defendants pleaded guilty to kidnapping and stolen vehicle charges. The kidnap victim, a widow 74 year...

  • United States v. Johnson
    931 F2d 57
    This is an appeal from a conviction for misapplication of federally-insured funds. The defendant-appellant presents four arguments in favor of reversal: (1) that the district court should have grant...

  • United States v. Perkins
    931 F2d 57
    Robert Perkins pleaded guilty on November 15, 1988, to a violation of 18 U.S.C. Sec. 1341. The plea was pursuant to a Federal Rule of Criminal Procedure 11 plea agreement, which provided that any pr...

  • California v. Hodari D
    499 US 621
    Late one evening in April 1988, Officers Brian McColgin and Jerry Pertoso were on patrol in a high-crime area of Oakland, California. They were dressed in street clothes but wearing jackets with "Pol...

  • United States v. Ray
    931 F2d 64
    Before STEPHAN H. ANDERSON and TACHA, Circuit Judges, and KANE, District Judge. ORDER AND JUDGMENT KANE, Senior District Judge. After examining the briefs and appellate record, this panel has det...

  • United States v. J Urbanek
    930 F2d 1512
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Romero v. Peterson
    930 F2d 1502
    Defendants Guy Peterson and Ivan Rael appeal from orders of the district court determining that they were federal, not tribal, police officers and were not entitled to absolute immunity, because they ...

  • Mims v. Atkins
    931 F2d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Bonnett
    931 F2d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Piedrahita Santiago
    931 F2d 127
    Appellants Piedrahita-Santiago and Pelaez-Escobar were discovered by United States Coast Guard authorities on the high seas about 45 miles southwest of Cabo Rojo, Puerto Rico. Their vessel, the "MELP...

  • Chi Boy Music v. Charlie Club Incorporated
    930 F2d 1224
    The defendants challenge the district court's finding of willful violations of federal copyright law. They also contest the court's damages calculations and attorney's fee award. For the following r...

  • Daemi v. Churchs Fried Chicken Inc
    931 F2d 1379
    Plaintiff-appellant Daemi, a non-white person of Iranian descent, commenced this action against Church's Fried Chicken, Inc. (CFC) under 42 U.S.C. Sec. 1981 and Title VII of the Civil Rights Act of 1...

  • United States v. Reeves
    931 F2d 57
    The defendant, William Woodrow Reeves, was indicted on various marijuana and narcotics charges on August 16, 1989. On April 2, 1990, Reeves entered a plea of guilty to one count of conspiracy to dist...

  • United States v. Curtis
    931 F2d 1011
    Michael Curtis appeals his convictions of conspiracy to distribute crack cocaine, 21 U.S.C.A. Sec. 846 (West Supp.1991), and possession with the intent to distribute and distribution of crack cocaine,...

  • United States v. Walker
    931 F2d 631
    The appellant, Ralph Gail Walker, appeals his conviction and sentence for multiple counts of mail fraud, odometer tampering, interstate transportation of counterfeit security, uttering and possessing ...

  • Morgan v. Us Parole Commission
    932 F2d 960
    AFFIRMED. ...

  • United States v. Haar
    931 F2d 1368
    Stephen Thomas Haar ("Defendant") appeals his conviction by jury trial for the manufacture of methamphetamine in violation of 21 U.S.C. Sec. 841(a)(1) and 21 U.S.C. Sec. 841(b)(1)(C), raising the foll...

  • Gilbreath v. Cutter Biological Inc
    931 F2d 1320
    Appellants, inmates in an Arizona penitentiary, appeal the dismissal of their action seeking damages, alleging the state did not pay them minimum wages for work in prison industry. They claim wage pr...

  • Cropp v. R Duckworth
    932 F2d 971
    On March 10, 1983, Dennis Cropp pled guilty to two counts of attempted rape, a Class A felony, one count of attempted rape and one count of attempted confinement, both Class B felonies. The court adv...

  • Golden Budha Corporation v. Canadian Land Company Of America Nv Nv Ny Nv Nyl Nyl
    931 F2d 196
    Plaintiff-Appellant The Golden Budha Corporation ("Appellant") appeals from a judgment entered in the United States District Court for the Southern District of New York (Leval, J.) in favor of defenda...

  • United States v. Camejo K F
    929 F2d 610
    Five defendants, who were employees of Eastern Airlines, appeal their convictions of conspiracy to import and to possess with intent to distribute cocaine. The multiple assertions of error in the tri...

  • United States v. D Pedrioli
    931 F2d 31
    Appellant pled guilty to one count of smuggling handguns into the Philippines in violation of 22 U.S.C. Sec. 2778. While he was out on bail awaiting sentencing, he was again caught smuggling guns. A...

  • Wells v. Taylor
    931 F2d 64
    Before STEPHEN H. ANDERSON and TACHA, Circuit Judges, and KANE, District Judge. ORDER AND JUDGMENT KANE, Senior District Judge. After examining the briefs and appellate record, this panel has det...

  • Gomm v. Deland Md
    931 F2d 62
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Newman v. Burgin
    930 F2d 955
    In October 1985, the University of Massachusetts at Boston, after considerable investigation and debate, formally "censured" tenured Assistant Professor Anny Newman for "seriously negligent scholarshi...

  • United States v. A Warner
    931 F2d 64
    Defendant-appellant Scott A. Warner appeals from the imposition of an eighty-seven month prison sentence following his plea of guilty to possession of 112 grams of cocaine with intent to distribute an...

  • Upton v. C Thompson L Thulen
    930 F2d 1209
    These two cases before us on appeal, while distinct lawsuits, raise the same legal issues from similar facts making them suitable for disposition in a single integrated opinion. Both cases involve a...

  • Palm Beach Atlantic College Inc v. First United Fund Ltd
    928 F2d 1538
    In this action to recover money due under a contract for the sale of a motor yacht, defendants-appellants, Mario Renda and First United Fund, Ltd., appeal from a judgment of the United States District...

  • Hutt v. National Transportation Safety Board
    931 F2d 62
    Petitioners William O. Hutt and Viking Aviation, Inc. appeal from a National Transportation Safety Board (NTSB) opinion and order affirming the ruling of an administrative law judge (ALJ) regarding Fe...

  • Daniels v. Bronson
    932 F2d 102
    Connecticut then moved the district court to amend its order, so as to leave the option to the sentencing court either to vacate the Whipple conviction or to expressly reduce the multiple murder convi...

  • United States v. Metropolitan District Commission
    930 F2d 132
    On February 25, 1991, the district court entered an order in the Boston Harbor Clean-up case that, in effect, says that the Commonwealth 1) must give the Massachusetts Water Resources Authority (MWRA)...

  • United States v. M Maddelena
    931 F2d 57
    Peter Maddelena ("defendant") pled guilty to one count of armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) and (d). The court sentenced defendant to 264 months incarceration. Defendant appe...

  • Control Terminals Inc v. Airline Management Group Inc
    931 F2d 62
    Control Terminals, Inc., appeals a decision by the United States District Court for the Western District of Oklahoma not to adjust jury awards for contract breaches. Airline Management Group, Inc., R...

  • United States v. Kirksey
    931 F2d 57
    Defendant, Anthony Kirksey, appeals from his conviction for use of a firearm in relation to a drug offense, in violation of 18 U.S.C. Sec. 924(c). The conviction followed a jury trial, but defendant ...

  • United States v. T Brooks
    930 F2d 913
    The government appeals the district court's grant of a two level sentencing reduction for acceptance of responsibility and the court's decision to depart downward from the sentencing guidelines. We f...

  • United States v. Chand
    930 F2d 913
    Laxmi Chand appeals from his sentence of 18 months imprisonment for conspiracy to bribe a federal official, in violation of 18 U.S.C. Sec. 371. Chand claims the district court erred by not finding hi...

  • United States v. Estrella
    930 F2d 824
    In a one-count indictment, Johnny Estrella was charged with the possession of approximately one kilogram of cocaine with an intent to distribute the same in violation of 21 U.S.C. Sec. 841(a)(1). A j...

  • United States v. W Creger
    931 F2d 56
    The defendant, Charles W. Creger, appeals the sentence imposed following his guilty pleas to charges of conspiracy to commit bank fraud, bank fraud and filing a false income tax return. The defendant...

  • Trade Transport Inc v. Natural Petroleum Charterers Incorporated
    931 F2d 191
    Defendant Natural Petroleum Charterers Incorporated ("NPC" or "NPCI") appeals from a final judgment of the United States District Court for the Southern District of New York, Milton Pollack, Judge, co...

  • Herbert Construction Company v. Continental Insurance Company
    931 F2d 989
    The Continental Insurance Company (Continental) appeals from a judgment of the United States District Court for the Southern District of New York, Carter, J., finding Continental liable to Herbert Con...

  • Tabor v. Armontrout
    930 F2d 659
    Derrick Tabor appeals from a judgment of the district court dismissing his habeas corpus petition filed pursuant to 28 U.S.C. Sec. 2254. We affirm. Tabor was convicted of rape with a weapon and fir...

  • Hulsey v. State Of Texas
    929 F2d 168
    James Skip Hulsey filed a civil rights action in district court against the State of Texas, the City of Odessa, and Ted Hughes, an Odessa police officer. The court dismissed with prejudice Hulsey's c...

  • Brown v. R Jago
    931 F2d 56
    Donovan Brown (petitioner) seeks a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. The petitioner was convicted in state court of possessing a controlled substance in a bulk amount (count 1), ...

  • Gilbert v. Al Lockhart
    930 F2d 1356
    Timothy Gilbert appeals from a final judgment entered in the United States District Court for the Eastern District of Arkansas, denying his petition for writ of habeas corpus. Gilbert alleged that he...

  • United States v. Takai
    930 F2d 1427
    Hiroyasu Takai and Akiko Magneson pled guilty to the crimes of bribing an official of the Immigration and Naturalization Service in violation of 18 U.S.C. Sec. 201(b)(1)(C) and of conspiring to bribe ...

  • United States v. L Jordan
    930 F2d 913
    The appellant, who had pleaded guilty to conspiring to distribute cocaine, appeals from the failure of the district judge to grant him a two-level reduction for acceptance of responsibility in the gui...

  • United States v. Pena
    930 F2d 1486
    David N. Williams, Asst. U.S. Atty. (William L. Lutz, Acting U.S. Atty., with him on the briefs), Albuquerque, N.M., for plaintiff-appellee, cross-appellant. Ralph C. Binford, Deming, N.M., for def...

  • United States v. M Manapat
    928 F2d 1097
    Appellee Pamela M. Manapat was indicted for violating 18 U.S.C. Sec. 1001, which prohibits "knowingly and willfully" making false statements to any department or agency of the United States. The cas...

  • United States v. Davis
    931 F2d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Beadin v. Clark
    931 F2d 58
    Robert L. Beadin petitioned for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254 challenging his conviction and incarceration for attempted murder in Indiana. For the reasons stated below, we...

  • Bates v. Franklin County Municipal Court
    930 F2d 918
    Before RYAN and SUHRHEINRICH, Circuit Judges, and ZATKOFF, District Judge. William R. Bates, a pro se Ohio resident, appeals the district court's order awarding attorney fees to defendants pursuant ...

  • Tucker v. P Murphy
    931 F2d 58
    Petitioner-appellant Ivy Tucker appeals the denial of his petition for writ of habeas corpus brought pursuant to 28 U.S.C. Sec. 2254. A jury convicted Tucker of one count of attempted first degree mu...

  • United States v. Cabrera
    930 F2d 913
    This appeal raises the question of whether a guilty plea to a one-day conspiracy to distribute cocaine in one state creates a double jeopardy bar to prosecution for a contemporaneous two-year conspira...

  • Martin v. Barr
    931 F2d 58
    Appellant John-Tyronne Martin appeals the dismissal of his civil rights action brought pursuant to 42 U.S.C. Sec. 1983. The district court found that the suit was barred because it was filed after th...

  • Courtney v. T Smith
    930 F2d 918
    Before RYAN and SUHRHEINRICH, Circuit Judges, and ZATKOFF, District Judge. Wayne Ray Courtney, a pro se Kentucky state prisoner, appeals the district court's order dismissing his petition for a writ...

  • Pontarelli v. E Stone T Pontarelli
    930 F2d 104
    These consolidated appeals mark the finish of a marathon civil action commenced by Rhode Island State Police Lodge 25 ("Union") and five members of the Rhode Island State Police ("State Police") again...

  • United States v. Esparsen
    930 F2d 1461
    Defendants Anthony Esparsen, Kelly Esparsen, and Robert McFadden appeal their jury convictions, in the United States District Court for the District of New Mexico, on multiple counts involving cocaine...

  • Fields v. City Of Chicago
    931 F2d 58
    Nathson Fields filed this 42 U.S.C. Sec. 1983 action seeking monetary damages from Chicago and various members of its police force for allegedly withholding "street notes" produced during their invest...

  • United States v. Castillo
    928 F2d 1106
    This single issue appeal raises the question of whether a counterfeit currency detector found in the possession of defendant is a "counterfeiting device" which permits enhancement of a sentence under ...

  • United States v. Henthorn
    931 F2d 29
    Donald Gene Henthorn appeals his conviction following a jury trial for conspiring with 17 other individuals to import and possess cocaine with the intent to distribute, and for travel in interstate an...

  • United States v. Cervantes Valenzuela
    931 F2d 27
    Cervantes appeals the district court's imposition of sentence following his conviction on a guilty plea of being a deported alien found in the United States in violation of 18 U.S.C. Sec. 3231. He wa...

  • United States v. C Fox
    930 F2d 820
    Rhonda P. Beckinoff, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and Mary L. Higgins, Asst. U.S. Atty., on the brief), Albuquerque, N.M., for plaintiff-appellee. Peter Schoenburg, Asst. Federal ...

  • Hughes v. Joliet Correctional Center
    931 F2d 425
    This appeal concerns the outer bounds of the Eighth Amendment's prohibition against cruel and unusual punishments, the use of summary judgment, and the standards for requesting counsel to assist indig...

  • Picrin Peron v. H Rison
    930 F2d 773
    Richard Rison, as warden of the Federal Correctional Institution at Terminal Island in San Pedro, California, asks us to dismiss this appeal from the denial of Picrin-Peron's petition for a writ of ha...

  • Melkonian v. The City Of Havelock
    930 F2d 913
    Charles Melkonian applied for a Special Exception Use (SEU) permit under the city zoning procedures of the City of Havelock, North Carolina, to allow him to operate a nightclub there. He was denied t...

  • Lockman Foundation v. Evangelical Alliance Mission
    930 F2d 764
    This case involves a dispute over the translation of a version of the Bible into several Asian languages, particularly Japanese. The Lockman Foundation ("Lockman") sued The Evangelical Alliance Missi...

  • United States v. L Butler
    930 F2d 913
    Marc L. Butler and Gwendolyn B. Goslee were convicted by a jury in the United States District Court for the Eastern District of Virginia of conspiracy to distribute cocaine and to possess with intent ...

  • Bank v. P Pitt A L Rc
    928 F2d 1108
    Richard and Jane Bank appeal the district court's dismissal of their action for failure to state a claim upon which relief can be granted. We reverse and remand for further proceedings. In the cont...

  • United States v. Harris
    928 F2d 1113
    In this case, we affirm the district court's denial of a motion to suppress evidence seized during the roadside search of a vehicle whose driver law enforcement officers suspected of violating traffic...

  • United States v. Conner
    930 F2d 1073
    Thomas Tyson Conner was convicted, pursuant to a plea of guilty, of an attempt to possess with intent to distribute 300 pounds of marijuana, in violation of 21 U.S.C. Secs. 841(a) and 846. He receive...

  • United States v. Uribe Velasco
    930 F2d 1029
    Defendant Oswaldo Uribe-Velasco ("Uribe" or "Velasco-Uribe") appeals from a final judgment of the United States District Court for the Eastern District of New York, John R. Bartels, Jr., Judge, entere...

  • United States v. Oliver
    931 F2d 463
    Terrell Leonard Oliver appeals from the sentence imposed on him by the district court after he violated the terms of his supervised release. In a case of first impression, Oliver challenges the use o...

  • United States v. Collins
    930 F2d 913
    Winston Leonard Collins appeals his convictions for conspiracy to distribute cocaine, distribution of cocaine, and engaging in a continuing criminal enterprise. Finding no error, we affirm. Based o...

  • United States v. Jacobs
    931 F2d 63
    The parties to this appeal have waived oral argument. The case is therefore ordered submitted on the briefs. See Fed.R.App.P. 34(f); 10th Cir.R. 34.1.2. The appellant, Rafael Jacobs, is currently...

  • United States v. Shell
    931 F2d 58
    Alta Shell and four co-defendants were charged in a four-count indictment. She and the co-defendants were charged in Count 1 with conspiracy to distribute cocaine in violation of 21 U.S.C. Sec. 846. ...

  • United States v. Guzman
    931 F2d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Barker
    930 F2d 1408
    Kenneth Barker was president and general manager of Lionsgate Corporation, a family construction business. The Army Corps of Engineers contracted with Lionsgate to construct a quarter mile concrete c...

  • United States v. Husky
    924 F2d 223
    2. Whether a convicted defendant may be ordered to pay restitution to his victim to compensate for psychological and mental suffering from post-traumatic stress syndrome. Appellant argues that the d...

  • Joseph J Demarco v. United States Of America
    928 F2d 1074
    The issue in this appeal is whether the failure of the prosecutor to correct the perjured testimony of the government's essential witness, and her capitalizing on it in her closing argument, when defe...

  • United States v. Sehnal
    930 F2d 1420
    Joseph Sehnal appeals his conviction of violating 26 U.S.C. Sec. 7206(1) by making false statements on two corporate tax returns filed by Scorpio Steel, Inc. (Scorpio). He also appeals the denial of...

  • United States v. Costelon
    931 F2d 63
    After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See ...

  • Lopez v. G Henman
    931 F2d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. De Leon Reyna
    930 F2d 396
    Today we decide whether the district court erred in granting a defendant's motion to suppress evidence gathered following a warrantless investigatory stop--a stop made partly in good faith reliance on...

  • United States v. Caldera Herrera
    930 F2d 409
    The defendant, Gilberto Caldera-Herrera (Caldera), asserts in his petition for rehearing that we have misconstrued the statutes under which he was convicted. We conclude that our opinion and holding ...

  • Petroleum Helicopters Inc v. Avco Corporation
    930 F2d 389
    Petroleum Helicopters, Inc. (PHI), seeks recovery for the damages sustained by its helicopter when it capsized after the emergency float manufactured by the Garrett Corporation (Garrett) failed. The...

  • United States v. Thompson
    928 F2d 1060
    On October 30, 1988, a boarding party from the Coast Guard cutter TAMPA conducted a documents and safety inspection of the vessel MOLLY BETH in the Windward Passage. The Coast Guard found 412 kilogra...

  • United States v. Clinical Leasing Service Inc
    930 F2d 394
    Clinical Leasing Service, Inc., and three affiliated doctors, Kiat Varnishung, Roy Claude Wood, Jr., and Richardson B. Glidden, appeal the district court's imposition of civil penalties for the dispen...

  • United States v. Hughes
    931 F2d 63
    Defendant Carlton Hughes was indicted for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1). Defendant moved for the issuance of a subpoena duces tecum ...

  • United States v. Ballejos
    931 F2d 63
    After participating in the planning of a bank robbery and driving the get away car for his two coconspirators who actually entered the bank and took money at gunpoint, defendant Leroy Vincent Ballejos...

  • United States v. Coleman
    930 F2d 560
    Phillip Coleman, an employee at the Glen Ellyn, Illinois post office, was convicted by a jury of assaulting two postal inspectors, in violation of 18 U.S.C. Sec. 111, and sentenced to a five-month ter...

  • Rivarde Rivarde v. State Of Missouri L A R D F B L E F
    930 F2d 641
    This is an appeal from an order of the district court dismissing appellants' complaint on procedural grounds. The district court held that appellants were not entitled to bring a separate lawsuit see...

  • United States v. C Wright
    930 F2d 808
    Mr. Wright entered a guilty plea to a violation of the conspiracy statute. He was sentenced to five years imprisonment and a fine of $2,226,000. Mr. Wright asks that we either vacate that portion of...

  • Creel v. B Keene
    928 F2d 707
    In 1971, James Duke Creel was convicted of murder by a Texas state court and sentenced to life imprisonment. He now appeals the district court's denial of his habeas petition, arguing that Texas Paro...

  • United States v. Schneider S
    930 F2d 555
    This pair of criminal appeals presents an important question concerning the meaning of "loss" in the Sentencing Guidelines. The Guidelines for property crimes such as larceny and fraud make the punis...

  • United States v. Badger
    930 F2d 754
    Appellee John James Badger ("Badger") was indicted on criminal charges and ordered to post a $100,000.00 bail bond. The bond was posted by third parties. After Badger was convicted, the IRS attempte...

  • United States v. Cross
    928 F2d 1030
    Catherine McWilliam-Rinaldo, Tampa, Fla., for Lodge. Terrance Bostic, Marie Tomassi, Tampa, Fla., for Cross. Fran Carpini, Asst. U.S. Atty., Tampa, Fla., Karen Skrivseth, Attorney, Crim. Div., U.S...

  • Lobosco v. Ac Thomas
    928 F2d 1054
    Appellant Charles LoBosco, a native of Germany, had been in the United States for only a few weeks when he and an acquaintance, John Frasier, traveled to Underground Atlanta to purchase drugs. They m...

  • Ghant v. Bowen
    930 F2d 633
    The Secretary of Health and Human Services ("Secretary") denied Raymond Ghant's claim for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. Secs. 416(i), 423 (1989). ...

  • United States v. Serpa
    930 F2d 639
    Pedro Serpa appeals the district court's order denying his 28 U.S.C. Sec. 2255 motion for resentencing. We affirm. After his conviction for conspiracy to possess with intent to distribute cocaine, ...

  • United States v. M Lowe
    930 F2d 645
    Pamela Lowe appeals the district court's determination that her prior convictions for check forgery were not related for purposes of determining her criminal history score under U.S.S.G. Sec. 4A1.2. ...

  • National Labor Relations Board v. New York Telephone Company
    930 F2d 1009
    This is a petition by the National Labor Relations Board ("Board") for enforcement of its decision and order finding that respondent, New York Telephone Company ("Company"), committed unfair labor pra...

  • United States v. Pelaez
    930 F2d 520
    Defendant-appellant, Bernardo Pelaez, appeals his jury conviction and sentence for conspiracy to possess with intent to distribute and distribution of cocaine in violation of 21 U.S.C. Secs. 841(a)(1)...

  • United States v. Hoyungowa
    930 F2d 744
    Craig Hoyungowa appeals the district court's upward departure from the Sentencing Guidelines in sentencing him for the murder of Dean James, a Bureau of Indian Affairs officer. The district court dep...

  • United States v. Caruth
    930 F2d 811
    David Caruth entered a plea of guilty and was convicted of possession with intent to distribute more than 50 kilograms of marijuana and aiding and abetting in violation of 21 U.S.C. Sec. 841(a)(1) and...

  • United States v. Agbai
    930 F2d 1447
    Eke Agbai Agbai, a citizen of Nigeria, was indicted for two charges of bank fraud (counts I and II) and for false use of a social security number (count III). While on bond after the arraignment, he...

  • United States v. Washington
    930 F2d 24
    Defendant, Artis Washington, appeals his conviction for conspiracy to possess cocaine with intent to distribute, 21 U.S.C. Sec. 846, and possession of cocaine with intent to distribute, 21 U.S.C. Sec....

  • Davis v. United States
    930 F2d 24
    Defendant-appellant Darrell D. Davis has appealed from that part of the sentence imposed by the judgment entered, pursuant to a guilty plea, by the United States District Court for the Middle District...

  • McCleskey v. D Zant
    499 US 467
    The doctrine of abuse of the writ defines the circumstances in which federal courts decline to entertain a claim presented for the first time in a second or subsequent petition for a writ of habeas co...

  • Action Alliance Of Senior Citizens Of Greater Philadelphia v. W Sullivan
    930 F2d 77
    In the Paperwork Reduction Act, 44 U.S.C. Sec. 3501 et seq. (1988), Congress sought "to minimize the Federal paperwork burden for individuals, small businesses, State and local governments, and other...

  • United States v. Nelson
    931 F2d 64
    William Daniel Nelson appeals from the district court's denial of his motion requesting that the court furnish "Rule 16 Materials, Jencks Evidence and Transcripts." He argues that 28 U.S.C. Sec. 22...

  • Culver v. Town Of Torrington Wyoming
    930 F2d 1456
    George Santini, of Graves, Santini & Villemez, P.C., Cheyenne, Wyoming, for plaintiff-appellant. William Mather McKellar and Lloyd E. Smith, of Lathrop, Rutledge & Boley, P.C., Cheyenne, Wyo...

  • Huff v. Sowders
    930 F2d 24
    Petitioner-appellant Terry Lee Huff has appealed from summary judgment entered by the United States District Court for the Eastern District of Kentucky in favor of respondent-appellee Dewey Sowders, W...

  • United States v. D Ford
    931 F2d 63
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Smith
    930 F2d 1450
    Defendant-appellant Stan Smith appeals the sentence imposed by the United States District Court for the District of New Mexico upon our vacation of his previous sentence and remand for resentencing in...

  • United States v. J Vargas
    931 F2d 112
    Alvaro Vargas seeks reversal of his conviction for being a felon in possession of firearms in violation of 18 U.S.C. Sec. 922(g)(1). He brings this appeal under Fed.R.Crim.P. 11(a)(2) from a conditio...

  • United States v. Blyden 90 3181
    930 F2d 323
    Following their acquittal on several Virgin Islands charges arising from an alleged assault on May 19, 1989, Anthony Blyden and Allen Van Putten appeal the denial, by the District Court of the Virgin ...

  • United States v. Gardiner D
    931 F2d 33
    Gardiner also argues that the facts surrounding his arrest and prosecution do not demonstrate he acted with an intent to obstruct justice, and that the sentencing judge made no clear-cut finding of in...

  • Haskell v. United States Department Of Agriculture
    930 F2d 816
    Appellant William C. Haskell, Jr. (Haskell) sought review of an administrative decision of the appellee United States Department of Agriculture (Secretary) permanently disqualifying his store, Haskel...

  • United States v. Feinman
    930 F2d 495
    David Shew Feinman appeals his jury conviction for conspiring to possess marijuana and possession of marijuana with intent to distribute, in violation of 21 U.S.C. Secs. 846, 841(a)(1), 841(b)(1)(B), ...

  • National Development Company v. Triad Holding Corporation
    930 F2d 253
    For more than a half-century, the Federal Rules of Civil Procedure have permitted service upon an individual by leaving a summons and complaint "at the individual's dwelling house or usual place of ab...

  • San Jacinto Savings Loan v. Kacal
    928 F2d 697
    The original plaintiff, San Jacinto Savings and Loan, initiated this action by filing suit against Kathy Kacal, Defendant/Third-Party Plaintiff-Appellant (Kacal), in Texas state court for breach of a ...

  • Monk v. Jabe
    930 F2d 24
    Petitioner-appellant, Anthony K. Monk (Monk), appeals from the district court's dismissal of his petition for a writ of habeas corpus. In his petition, Monk alleged several constitutional claims in c...

  • United States v. Terry
    930 F2d 542
    Defendant Lee Terry pled guilty to armed robbery of the Central Illinois Credit Union in Champaign, Illinois, in violation of 18 U.S.C. Sec. 2113(a) and (d). This Court vacated Terry's first sentence...

  • Branly v. United States
    930 F2d 25
    Pro se petitioner Abel Branly appeals from the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2255. The district court dismissed the petition because Branly waived his ...

  • United States v. Andrews
    930 F2d 913
    John Richard Andrews appeals from the district court's order refusing relief under 28 U.S.C. Sec. 2255. Our review of the record and the district court's opinion discloses that this appeal is without...

  • Cotton v. Isaacson
    930 F2d 922
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Beaulieu v. United States
    930 F2d 805
    Ronald Beaulieu appeals a district court order dismissing his motion, pursuant to 28 U.S.C. Sec. 2255, to vacate his sentence. We vacate the dismissal and remand for further proceedings. Beaulieu w...

  • Johnson v. Hay
    931 F2d 456
    Bill Hay, a pharmacist formerly employed by the Missouri Department of Corrections, appeals from an order denying his motion for summary judgment. Earsel Larry Johnson brought suit against Hay claimi...

  • United States v. Orban
    930 F2d 24
    The defendant Peggy Jo Orban was found guilty by a jury of conspiracy to possess and distribute cocaine or marijuana, possession of over 100 marijuana plants, and use of a telephone to facilitate a dr...

  • United States v. Rodriguez
    929 F2d 1224
    A jury convicted brothers Lino and Evelio Rodriguez of conspiring to distribute cocaine and distributing cocaine. The Rodriguezes appeal, and we affirm. In early January 1989, Frank Guerra, an unde...

  • Maciosek v. Blue Cross and Blue Shield United Of Wisconsin
    930 F2d 536
    Kathleen and Michael Maciosek appeal the district court's decision to dismiss their lawsuit against Blue Cross and Blue Shield ("Blue Cross"). Their counsel, Marjan R. Kmiec of Kmiec Law Offices, app...

  • Johnson v. Tate
    930 F2d 918
    Dismissal of the petition as an abuse of the writ with respect to that part of petitioner's first ground dealing with the instruction on accident and all of the second ground was proper as these newly...

  • Mallory v. Baker
    930 F2d 919
    David Mallory is a pro se Ohio prisoner who appeals the dismissal of a civil rights case that he had filed under 42 U.S.C. Sec. 1983 (1982). His case has been referred to a panel of the court pursuan...

  • Bernal v. United States
    930 F2d 918
    Before RYAN and SUHRHEINRICH, Circuit Judges, and ZATKOFF, District Judge. Eddie L. Bernal, Sr., a federal prisoner, appeals the district court's order denying his motion to vacate, set aside, or co...

  • Kuhns v. Board Of Governors Of The Federal Reserve System
    930 F2d 39
    Eldon E. Kuhns challenges the Federal Reserve Board's refusal to award him attorney's fees and other expenses under the Equal Access to Justice Act ("EAJA"), 5 U.S.C. Sec. 504. An individual who has ...

  • Baxter v. United States
    930 F2d 918
    Defendant, Phillip Baxter, appeals from the denial by the district court of his claim for relief under 28 U.S.C. Sec. 2255, or, in the alternative, for a new trial. Defendant sought this relief from ...

  • Terry v. Morgan
    930 F2d 25
    Michael Terry appeals the district court's dismissal of his 42 U.S.C. Sec. 1983 action alleging various violations of his civil rights. On February 14, 1987, while Michael Terry was incarcerated at ...

  • Jackson v. Thornburgh Us
    930 F2d 918
    Before KENNEDY and NATHANIEL R. JONES, Circuit Judges, and FORESTER, District Judge. Petitioner, Eddie Jackson, appeals an order of the district court which denied his motion to vacate sentence. Th...

  • Howard v. United States
    930 F2d 918
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and the record, this panel unanimously agrees that oral argument ...

  • United States v. A McCrory
    930 F2d 63
    Keith A. McCrory ("McCrory" or "appellant") was convicted on a one-count indictment for distribution of a mixture of cocaine base in violation of 21 U.S.C. Sec. 841(a) and sentenced to 235 months' imp...

  • Ocampo Bedoya v. United States
    930 F2d 919
    This pro se federal prisoner appeals the district court's order denying his motion to vacate, set aside or correct sentence filed under 28 U.S.C. Sec. 2255. The appeal has been referred to a panel of...

  • Robison v. Maynard
    930 F2d 922
    The question before us is whether the district court erred in denying petitioner, Olan Randle Robison, an evidentiary hearing following remand from this court. We hold the district court properly con...

  • United States v. Dg Seago
    930 F2d 482
    Defendant D.G. Seago ("Seago") appeals from the district court's July 6, 1990, judgment and sentencing order entered pursuant to a guilty verdict for wire fraud and bank fraud. Seago raises three iss...

  • Tanks v. Greater Cleveland Regional Transit Authority
    930 F2d 475
    Plaintiff-appellant Catherine Tanks appeals the district court's grant of summary judgment for defendant-appellee Greater Cleveland Regional Transit Authority (GCRTA) in this civil rights action broug...

  • Jorgensen v. Larsen
    930 F2d 922
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Garcia
    930 F2d 922
    The single question for decision in this appeal is whether the district court's upward departure in sentencing Alex Garcia was reasonable. We hold that the circumstances relied upon by the district c...

  • Hicks v. Roberts
    930 F2d 922
    Petitioner-appellant, Henry O. Hicks, Jr., seeks a certificate of probable cause to appeal the district court's dismissal of his 28 U.S.C. Sec. 2254 petition. He also seeks to proceed in forma pauper...

  • Washington v. Trippett
    930 F2d 919
    Before KENNEDY and NATHANIEL R. JONES, Circuit Judges, and FORESTER, District Judge. Booker T. Washington, a Michigan prisoner who is represented by counsel, appeals the district court's order denyi...

  • United States v. T Porter
    930 F2d 919
    Defendant-appellant Robert Porter appeals from the district court's order denying his motion filed under 28 U.S.C. Sec. 2255 for modification of sentence and modification of presentence report. For t...

  • Ingrao v. United States
    930 F2d 918
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and the record, this panel unanimously agrees that oral argument ...

  • United States v. Grant
    946 F2d 1567
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs and arguments of counsel. After full review of the issues presented, the...

  • Metropolitan Life Insurance Company v. Estate Of Cammon
    929 F2d 1220
    Herbert Cammon and Carol DiPasalegne married in April 1982. Four days before the wedding, Herbert applied for a $250,000 life insurance policy on Carol's life. Sixteen days after the wedding, Herber...

  • Griffin v. Thomas
    929 F2d 1210
    The plaintiff, an assistant principal, sued her principal-supervisor and the Board of Education for violating her right to freedom of association by retaliating against her for filing a union grievanc...

  • United States v. Huddleston
    929 F2d 1030
    Appellant Huddleston contends that the district court erred in its calculation of his sentence under the sentencing guidelines, and that the government breached his plea agreement. We affirm. Huddl...

  • United States v. Guglielmi
    929 F2d 1001
    For a third time, we are called upon to review the imposition of an extremely substantial sentence flowing from a conviction on multiple counts of obscenity crimes predating the advent of the federal ...

  • United States v. Gardner
    930 F2d 919
    Charley Gardner appeals the jury verdict finding him guilty of being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). Gardner contends that there was insufficient evidence...

  • United States v. Perdomo
    929 F2d 967
    Appellant, Juan Perdomo, was convicted on cocaine possession charges in the District Court of the Virgin Islands. He appeals the denial of his motion for a judgment of acquittal or, in the alternativ...

  • United States v. P Madkour
    930 F2d 234
    Michael P. Madkour appeals his sentence following his guilty plea to knowingly and intentionally manufacturing and possessing with intent to manufacture marijuana in violation of 21 U.S.C. Sec. 841(a)...

  • State Farm Fire and Casualty Company v. P Summerfield E
    930 F2d 25
    William Miles struck Dennis Summerfield with a hammer. Miles was convicted of criminal battery and Summerfield obtained a civil judgment for damages against Miles in the amount of $75,000. Miles cla...

  • United States v. Humphrey
    930 F2d 919
    In these consolidated cases, Anthony Humphrey and Fred Clinkscale, defendants-appellants, appeal their convictions for possession of approximately four kilograms of cocaine with intent to distribute i...

  • Ryan v. Prelesnik
    930 F2d 919
    Jerry Allen Ryan, a pro se Michigan prisoner, appeals the district court's order dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. The case has been referred ...

  • Williams v. Gormley
    930 F2d 919
    Before RALPH B. GUY, Jr. and RYAN, Circuit Judges, and JOINER, Senior District Judge. * Tyrone Williams, a pro se Michigan prisoner, appeals the district court's dismissal of his civil rights complai...

  • United States v. Wimberly
    930 F2d 16
    Otis Franklin Wimberly appeals his jury conviction for distribution of "crack" cocaine in violation of 21 U.S.C. Secs. 841(a)(1) and 843(b). Wimberly assigns as error the district court's denial of h...

  • United States v. Ravel
    930 F2d 721
    A jury convicted Francis Ravel ("Ravel") on two of three counts of possessing stolen goods. Ravel now appeals, arguing that the district court erred by denying his motion to dismiss all but one count...

  • United States v. Juvenile Male
    930 F2d 727
    Juvenile Male appeals the district court's judgment of juvenile delinquency pursuant to 18 U.S.C. Secs. 5031-5042 based upon the finding that he committed an assault resulting in serious bodily injury...

  • United States v. Gonzales
    930 F2d 795
    Cerbando Gonzales and four others were charged in a three-count indictment filed on June 16, 1989, as follows: In Count I all five defendants were charged with conspiring from December 17, 1988, to M...

  • Stacy v. G Toomer M Stacy
    930 F2d 23
    Lori Stacy brought this action against Frank G. Toomer, doing business as Hilton Head Seafood Company, alleging state claims for intentional infliction of emotional distress and assault and battery, a...

  • Catrone v. Thoroughbred Racing Associations Of North America Inc
    929 F2d 881
    Appellant Patrick Catrone, a professional trainer of thoroughbred racehorses, appeals from summary judgments entered in favor of Thoroughbred Racing Protective Bureau, Inc. ("Protective Bureau") and ...

  • Bratcher v. L Morris P
    930 F2d 918
    Plaintiff appeals the district court's grant of summary judgment in favor of defendants dismissing his 42 U.S.C. Sec. 1983 civil rights action. For the following reasons, we affirm. William Henry B...

  • Henderson v. Stone W J P A
    930 F2d 25
    Sylvester Henderson and his wife, Veronica, pro se, appeal the district court's grant of defendants' motion for summary judgment, dismissing plaintiffs' civil rights action pursuant to 42 U.S.C. Sec. ...

  • Friedman
    929 F2d 1151
    Allen Friedman and Nancy Logue appeal the district court's September 19, 1989 order overruling their motion for leave to amend this Bivens action, which seeks monetary relief for the violation of Frie...

  • Earth Island Institute v. A Mosbacher W F
    929 F2d 1449
    The government appeals from a preliminary injunction entered October 19, 1990, which enjoined the importation of yellowfin tuna from Mexico. The plaintiffs who sought the injunction are the Earth Isl...

  • Hoye v. United States Parole Commission
    946 F2d 1565
    Upon consideration of this court's order to show cause, appellant's response thereto, and appellant's motion to expedite appeal, it is ORDERED that the order to show cause, issued January 25, 1991, b...

  • El Sullivan v. Us Probation Officer Us J
    946 F2d 1566
    Upon consideration of the court's order to show cause, filed February 20, 1991, it is ORDERED that the court's order to show cause be discharged. It is FURTHER ORDERED, on the court's own motion,...

  • United States v. Rivera Lopez
    928 F2d 372
    The appellant challenges the sentences she received in this cocaine-trafficking case because the district court, in fashioning her sentences, took into account the cocaine involved in an offense of wh...

  • United States v. Gomez
    927 F2d 1530
    Pedro Gomez appeals his conviction on possession, importation, and conspiracy charges involving a controlled substance. Although the district court ruled correctly on various evidentiary motions cha...

  • Ellard v. Alabama Board Of Pardons and Paroles
    928 F2d 378
    This is an appeal from the denial of Ellard's petition for a writ of habeas corpus, for which he petitioned after the Alabama Board of Pardons and Paroles revoked a parole previously given him. Ella...

  • Morrison v. R Duckworth
    929 F2d 1180
    Kevin Morrison ("Morrison") appeals from the District Court's denial of his petition for habeas corpus under 28 U.S.C. Sec. 2254. Morrison was convicted in Indiana state court of aiding an attempted ...

  • Graham v. Kaiser J
    930 F2d 33
    Plaintiff-appellant, a prisoner in the Oklahoma State Penitentiary system, filed this action under 42 U.S.C. Sec. 1983 against the warden and various prison administrative officers (defendants-appelle...

  • Paul v. United States
    929 F2d 1202
    Richard Paul told the police in New Berlin, Wisconsin, that he had been robbed of a van and an attache case. Police from nearby Wauwatosa found the case within three hours. It contained $16,940 and ...

  • National Railroad Passenger Corporation v. State Of Florida
    929 F2d 1532
    This is an appeal from a district court's order enjoining a state criminal prosecution. The controversy began when appellant John Tanner, a Florida State Attorney, filed a criminal information agains...

  • United States v. Pergola
    930 F2d 216
    Defendant Angelo Pergola appeals from a judgment of the United States District Court for the Eastern District of New York, Reena Raggi, Judge, convicting him, following his plea of guilty, of two coun...

  • Qualls v. Kaiser
    930 F2d 34
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Seltzer v. Mo Board Of Probation
    938 F2d 184
    Appeal From: W.D.Mo. AFFIRMED. ...

  • United States v. Walker
    930 F2d 789
    Bobby Kent Walker was convicted of two counts of unlawful possession of a firearm by a felon under 18 U.S.C. Secs. 922(g) and 924(e)(1). He was sentenced to 360 months plus a five-year term of superv...

  • United States v. Wright D
    930 F2d 36
    On December 5, 1989, defendant-appellant Robert Stewart Wright pled guilty to one count of bank fraud in violation of 18 U.S.C. Sec. 1344 (1988) in return for dismissal of a second count of bank fraud...

  • United States v. Restrepo
    930 F2d 705
    Mauro Restrepo, Manuel Lupio, and Maureen McGinley were convicted of conspiracy to distribute, and possession of, eight kilograms of cocaine. Restrepo and Lupio seek reversal on the grounds that the ...

  • Hernandez v. S Ylst
    930 F2d 714
    We must determine whether a habeas petitioner's federal constitutional rights were violated by a state court's failure to hold a pre-trial competency hearing. * Petitioner Mike Hernandez was arreste...

  • United States v. Cox
    929 F2d 1511
    Defendant-appellant, Calvin Cox (hereinafter "Defendant"), appeals from the decision of the United States District Court affirming his conviction under 18 U.S.C. Sec. 13 (hereinafter "Assimilative Cri...

  • Bevins v. E Keesee
    930 F2d 24
    On motion for summary judgment, and pursuant to the recommendation of a magistrate, the district court dismissed plaintiff Ermel Bevins' civil rights action prior to trial. Because we find that the d...

  • Petty v. R Jago
    930 F2d 919
    Before RYAN and SUHRHEINRICH, Circuit Judges, and McRAE, Senior District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examinati...

  • Twist v. Oi White
    930 F2d 919
    Robert Twist, Sr., a pro se federal prisoner, appeals the district court's judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. Sec. 2241. This case has been referred to...

  • Burge v. Eastburn
    934 F2d 577
    Invoking the Freedom of Information Act ("FOIA"), 5 U.S.C. Sec. 552 (Supp.1991), plaintiff Gerald Burge seeks disclosure of witness statements on file with the Federal Bureau of Investigation ("FBI")....

  • United States v. D Brown
    930 F2d 919
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and the record, this panel unanimously agrees that oral argument ...

  • United States v. Londono Villa
    930 F2d 994
    Defendant Mauricio Londono-Villa ("Londono") appeals from a judgment entered in the United States District Court for the Southern District of New York, following a jury trial before Peter K. Leisure, ...

  • United States v. Hubbard
    930 F2d 919
    Defendant appeals the denial of his fourth motion to adjourn his criminal trial that was scheduled to begin on January 30, 1991. The trial proceeded as scheduled and resulted in a guilty verdict on F...

  • United States v. H Davis
    930 F2d 919
    Before RYAN and SUHRHEINRICH, Circuit Judges, and McRae, Senior District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examinati...

  • Appley v. West
    929 F2d 1176
    Defendant Stuart West appeals from the district court's grant of summary judgment awarding $495,000 to plaintiff Mary Appley. This is the second time these parties have appeared before this court. ...

  • Andrews v. Siegel
    929 F2d 1326
    This is an appeal from an order of the United States District Court for the District of Minnesota (Magnuson, J.) granting summary judgment dismissing a suit under 42 U.S.C. Sec. 1983 (1988) by an inma...

  • Andover v. Continental
    930 F2d 89
    In 1987, a jury found that Andover Newton Theological School, Inc. (Andover) both violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Secs. 621-634, and breached an employment contrac...

  • United States v. Aimufua
    930 F2d 23
    Efosa Lyon Aimufua pled guilty to two counts of bank fraud in violation of 18 U.S.C. Sec. 1344, and received a sentence of fourteen months on each count, to run concurrently, and both to be consecutiv...

  • United States v. M Debardeleben
    930 F2d 23
    James DeBardeleben, a federal prisoner, brought this petition for relief in the district court challenging the validity of his confinement for a kidnapping conviction. DeBardeleben was convicted of k...

  • Jones v. Jim Walter Homes Inc
    930 F2d 23
    Plaintiff Wade Jones, who is "educably retarded," alleges that defendant Jim Walter Homes (JWH) showed him two different types of prefabricated houses and then, while promising to construct him a hous...

  • Rattner v. Netburn B
    930 F2d 204
    Plaintiffs Marshall Rattner et al. appeal from a final judgment of the United States District Court for the Southern District of New York, Gerard L. Goettel, Judge, dismissing their complaint against ...

  • Brofford v. L Morris
    930 F2d 24
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel unanimously agrees that oral argument is n...

  • United States v. Kelley
    930 F2d 24
    George Kelley, a federal prisoner, appeals pro se from the district court order granting the United States's emergency motion for an order voiding a notice of lis pendens. This case has been referred...

  • Curro v. United States
    930 F2d 24
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel unanimously agrees that oral argument is n...

  • Collins v. Saginaw County Sheriffs Department
    930 F2d 24
    E. Tyrone Collins, pro se, appeals the district court's order granting the defendant's motion to dismiss this civil rights complaint filed under 42 U.S.C. Sec. 1983. This case has been referred to a ...

  • Jackson v. Roberts
    930 F2d 24
    Plaintiff, Tanika Jackson ("Jackson"), appeals from the district court's November 1, 1989, order denying her motion for judgment notwithstanding the verdict and its December 4, 1989, memorandum and or...

  • Williams v. Cj Walker L Js
    930 F2d 23
    Nathaniel Williams appeals the district court's entry of summary judgment against him on his action brought pursuant to 42 U.S.C. Sec. 1983. We affirm the entry of summary judgment against Williams, ...

  • United States v. F Baxter
    930 F2d 23
    Dr. Robert F. Baxter and Mrs. Nancy Baxter appeal their convictions of income tax evasion, 26 U.S.C.A. Sec. 7201 (West 1989), and subscribing a false amended joint individual income tax return, 26 U.S...

  • United States v. Reid
    929 F2d 990
    Elizabeth Reid and Lucy Boylan were both arrested for driving while intoxicated on the George Washington Memorial Parkway. Each was given a breathalyzer test and was subsequently convicted. On appea...

  • Maynard v. McMackin F
    930 F2d 24
    Before RYAN and SUHRHEINRICH, Circuit Judges, and MCRAE, Senior District Judge. Lewis Maynard, a pro se Ohio prisoner, appeals the district court's order dismissing his petition for a writ of habeas...

  • United States v. Forker
    928 F2d 365
    Appellant, the United States of America, appeals the district court's order suppressing evidence in the appellees' criminal proceeding. Appellee, Richard Frawley ("Frawley"), filed a motion to suppre...

  • United States v. L Davenport L
    929 F2d 1169
    A jury convicted Mr. and Mrs. Davenport of having violated 31 U.S.C. Sec. 5324(3), a statute enacted in 1986 to deter people from "structuring" their cash transactions with banks and other financial i...

  • United States v. Hayes
    929 F2d 741
    Ronald W. Hayes was convicted of aiding and abetting the submission of false claims to the United States. See 18 U.S.C. Secs. 2, 287. Although his sentence of ten to thirty months' imprisonment is w...

  • Equal Employment Opportunity Commission v. Jm Huber Corporation
    927 F2d 1322
    After defendant-appellant, J.M. Huber Corporation (Huber), denied a promotion to Brenda Adams and fired her about a month later, Adams filed a joint charge of discrimination with the Texas Commission ...

  • Lam Lek Chong v. United States Drug Enforcement Administration
    929 F2d 729
    This case involves information obtained by wiretap pursuant to Title III of the Omnibus Crime Control and Safe Streets Act of 1968 ("Title III"). Mr. Lam Lek Chong brought an action under the Freedo...

  • Cahill v. United States Postal Service
    932 F2d 981
    Thomas E. Cahill, Jr. (Cahill) petitions for review of a final decision of the Merit Systems Protection Board (Board) affirming his removal from the United States Postal Service (Postal Service). We...

  • United States v. Fuentes Galindo
    929 F2d 1507
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); Tenth ...

  • United States v. Thomas
    930 F2d 12
    Calvin Thomas appeals his Guidelines sentence of 27 months imprisonment imposed by the district court upon his guilty plea to one count of escape from a halfway house in violation of 18 U.S.C. Sec. 75...

  • Kaminsky v. Rosenblum E J E J
    929 F2d 922
    While he was an inmate of Green Haven, a maximum security prison operated by the New York State Department of Correctional Services, Herbert Kaminsky died. This litigation arises out of the events th...

  • Davies v. Grossmont Union High School District
    930 F2d 1390
    In November 1988, both Dr. Davies and Mrs. Davies executed an agreement with the District, which served to settle the federal action. The agreement provided, inter alia, that the Davieses would dismi...

  • United States v. Bynum
    929 F2d 694
    Following a jury trial, Lumis Keith Bynum was convicted of conspiring to possess with the intent to distribute crack, in violation of 21 U.S.C. Secs. 846 and 841(b)(1)(A), and possession with intent t...

  • United States v. Feekes
    929 F2d 334
    Defendant Joseph Feekes appeals from a sentence he received under the Sentencing Guidelines following his conviction for using a communication facility to distribute heroin in violation of 21 U.S.C. S...

  • Johnson v. B Gramley
    929 F2d 350
    Kevin Johnson, a state prisoner, filed a petition for habeas corpus, 28 U.S.C. Sec. 2254, which the district judge dismissed under Rule 4 of the Rules Governing Section 2254--a rule that authorizes th...

  • United States v. Kelley
    929 F2d 582
    In a ten-count indictment Marilyn Kay Kelley was charged in one count with conspiring with her daughter, LaDena Dunning, and others to commit bank fraud and mail fraud, in violation of 18 U.S.C. Sec. ...

  • United States v. Floyd
    929 F2d 695
    Harry Kenneth Floyd appeals his sentence under the Sentencing Guidelines for possession with intent to distribute cocaine. We granted the appellant's unopposed motion to submit this case on the brief...

  • Erdahl v. Commissioner Of Internal Revenue
    930 F2d 585
    Gwen Erdahl appeals the decision of the tax court, Erdahl v. Commissioner, T.C. Memo. 1990-101 (Feb. 28, 1990), denying relief to her under the innocent spouse provision of the Internal Revenue Code. ...

  • United States v. Johnson
    929 F2d 695
    Michael Linwood Johnson was convicted for possession of ammunition by a felon in violation of 18 U.S.C. Sec. 922(g)(1). On appeal he contends that (1) he was illegally stopped and frisked and the gun...

  • Dallis v. Martin
    929 F2d 587
    Petitioner, A.G. Dallis, a federal prisoner, filed a petition for habeas corpus relief pursuant to 28 U.S.C. Sec. 2241, challenging a United States Parole Commission decision. The district court dism...

  • United States v. Hudson
    929 F2d 695
    Barbara Hudson pled guilty to conspiracy to distribute over five kilograms of cocaine in violation of 21 U.S.C. Sec. 846. She contends on appeal that the district court erred in failing to decrease h...

  • Browning v. C Parke
    929 F2d 700
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and the record, this panel unanimously agrees that oral argument ...

  • United States v. Dunning
    929 F2d 579
    In a multi-count indictment LaDena Dunning was charged in three counts as follows: In Count 1 Dunning was charged with conspiring with her mother, Marilyn Kelley, and others to commit bank fraud and ...

  • Hunter Iii v. United States
    929 F2d 701
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and the record, this panel unanimously agrees that oral argument ...

  • Grenemyer v. Gunter
    930 F2d 33
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Callins v. Board Of County Commissioners Of The County Of Greer Oklahoma E
    930 F2d 32
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Ryder v. Department Of Air Force
    932 F2d 980
    Mr. Jerry Ryder appeals from the decision of the Merit Systems Protection Board, No. CH07528910731, affirming his removal from service based on unauthorized use of government time, facilities, and pro...

  • United States v. Holman
    929 F2d 702
    E.D.Mich. APPEAL DISMISSED. Before RYAN and SUHRHEINRICH, Circuit Judges, and ZATKOFF, District Judge. This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the S...

  • Romani v. Shearson Lehman Hutton
    929 F2d 875
    Appellant Richard Romani brought this securities fraud action on behalf of himself and a class of persons consisting of all similarly situated investors in a horsebreeding limited partnership. Romani...

  • Saud v. Bank Of New York
    929 F2d 916
    This is an appeal from a judgment of the United States District Court for the Southern District of New York, Robert J. Ward, Judge, dismissing an amended complaint upon defendant's motion to dismiss o...

  • United States v. Arboleda
    929 F2d 858
    Defendants-appellants Carlos Arboleda, Jecennia Orellana and Martin Castillo appeal their convictions of charges of conspiracy to distribute and to possess with intent to distribute cocaine. They rai...

  • Rather v. S Romer L M N
    930 F2d 34
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Hernandez Romero v. Immigration and Naturalization Service
    930 F2d 33
    Petitioner Innocente Hernandez-Romero (Romero) seeks review of a final order from the Board of Immigration Appeals (Board) dismissing his appeal of a deportation order issued the the immigration court...

  • Moses Moses v. Business Card Express Inc S Bce
    929 F2d 1131
    This appeal concerns the reviewability and validity of forum selection and choice of law clauses in a franchise agreement. More specifically, the plaintiffs-appellants contend that a district court e...

  • United States v. Hamilton
    929 F2d 1126
    William Andrew Hamilton pled guilty to assaulting his ex-girlfriend as he drove her from West Palm Beach, Florida to Nashville, Tennessee. He was convicted of knowingly intimidating a witness by hind...

  • Baker v. Kaiser
    929 F2d 1495
    Everett Lee Baker appeals the denial of his petition for a writ of habeas corpus. Mr. Baker argues that he was denied his sixth amendment right to counsel during the period in which he was allowed to...

  • Temple Of The Lost Sheep Inc v. Abrams
    930 F2d 178
    This fiercely contested litigation, which has been conducted in both federal and state courts since the fall of 1988, involves the interaction of the doctrines of abstention and collateral estoppel. ...

  • United States v. Strickland
    929 F2d 695
    Lloyd Neill Strickland pled guilty to one count of an indictment charging thirteen counts of using the mail in a murder-for-hire scheme and one count of attempted murder of a federal agent. Stricklan...

  • United States v. T Robinson
    928 F2d 1205
    This case was considered on the record on appeal from the United States District Court for the District of Columbia, and on the briefs filed by the parties and argument by counsel. The court has dete...

  • United States v. L Scott
    929 F2d 313
    The defendant Walter L. Scott, Jr. ("Scott") pleaded guilty and was convicted of conspiracy to transfer food stamps in violation of the Food Stamp Act of 1964, 7 U.S.C. Sec. 2024(b) and (c). In this...

  • Taylor v. Manor Care I Incorporated
    930 F2d 35
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Lyles
    929 F2d 695
    Jerra McCrea Lyles, a federal prisoner, appeals from the district court's order denying relief under 28 U.S.C. Sec. 2255. We vacate and remand. Lyles was convicted by a jury in 1976 of, among other...

  • United States v. Amadi C
    929 F2d 694
    The appeals in this action arise from the jury convictions and sentencings of three defendants in the court below and the sentencing of a fourth defendant who pled guilty in the court below. Defenda...

  • United States v. Weiss
    930 F2d 185
    This is an appeal from a judgment of the United States District Court for the Eastern District of New York, Wexler, J., entered after a jury trial, convicting Steven Weiss on counts of mail fraud, mai...

  • Aradia Womens Health Center
    929 F2d 530
    This is an appeal from an order imposing civil contempt sanctions upon individuals who took part in a demonstration which blocked access to an abortion clinic in Spokane, Washington, on March 3, 1989....

  • United States v. Kashif
    930 F2d 35
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Lewis
    929 F2d 440
    Marlon Joe Lewis appeals from a final order entered in the District Court for the Western District of Missouri committing him to the custody of the Attorney General pursuant to 18 U.S.C. Sec. 4246. U...

  • Monette v. Am 7 7 Baking Company Ltd
    929 F2d 276
    Jerry R. Swift (argued), Keith M. Aretha, Eames, Wilcox, Mastej, Bryant, Swift & Riddell, Detroit, Mich., for plaintiff-appellee. David B. Rosenberg (argued), Rosenberg & Nelson, Southfield,...

  • Surplus Store and Exchange Inc v. City Of Delphi
    928 F2d 788
    Possession may be "rather more than nine points of the law," Corporation of Kingston-upon-Hull v. Horner, [1774] Lofft 576, 591 (Lord Mansfield), but, as this case demonstrates, nine points is not alw...

  • Pickens v. Beeler Us
    930 F2d 34
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. J Powell
    929 F2d 724
    On April 8, 1989 Raymond Powell approached an undercover police officer in the 3600 block of 6th Street in Southeast Washington and offered him "a 20 rock" (i.e., a $20 rock of cocaine base). The off...

  • United States v. Hargrove
    929 F2d 316
    A jury convicted David Hargrove of one count of conspiracy to distribute cocaine in violation of 21 U.S.C. Sec. 846. The district court sentenced Hargrove to 150 months imprisonment pursuant to the S...

  • Knudson Armstrong v. Dakota Bank and Trust Company Bismarck North Dakota
    929 F2d 1280
    Phillip D. Armstrong, Minot, N.D., for appellant. Malcolm H. Brown, Mandan, N.D., for appellee. Before McMILLIAN and GIBSON, Circuit Judges, and ARNOLD, District Judge. MORRIS SHEPPARD ARNOLD, D...

  • United States v. Board
    929 F2d 694
    Koy Clifton Board appeals from a jury verdict which found him guilty of possession of crack cocaine with intent to distribute. We affirm. Roanoke police officers stopped Board and others in the Roa...

  • United States v. M Hubbard Iii
    929 F2d 307
    This is the direct, consolidated criminal appeal by Jerry Conrad ("Conrad") and John M. Hubbard, III ("Hubbard") of their convictions at separate trials in connection with the construction and placeme...

  • United States v. Blue Mountain Bottling Co Of Walla Walla
    929 F2d 526
    The United States appeals from the sentences imposed on corporate defendants who pled guilty to violations of the Sherman Act. We vacate the sentences and remand to the district court for resentencin...

  • United States v. Dring
    930 F2d 687
    Alan J. Dring was convicted of importing marijuana, possession with intent to distribute, and related conspiracy charges. On appeal, Dring alleges that the district court erred by (1) barring present...

  • McLaughlin v. United States
    929 F2d 701
    M.D.Tenn. AFFIRMED. Before NATHANIEL R. JONES and SUHRHEINRICH, Circuit Judges, and FEIKENS, Senior District Judge. This pro se federal prisoner appeals the dismissal of his motion to vacate his...

  • McBee v. Abramajtys
    929 F2d 264
    Dendalee McBee appeals the denial of his third petition for a writ of habeas corpus. As in his two previous petitions, McBee contends that the jury instructions unconstitutionally shifted the burden ...

  • Russell v. P Wendt
    929 F2d 703
    Plaintiff David Russell appeals the district court's entry of summary judgment on behalf of the defendants in this diversity case involving claims of medical malpractice. The district court granted j...

  • United States v. Perkins
    929 F2d 436
    Wilson Paul Perkins appeals his sentence of 84 months' imprisonment that the district court imposed following Perkins' guilty pleas to two counts of credit card fraud and one count of fraud by wire. ...

  • Hunter v. McDonald
    929 F2d 701
    W.D.Tenn. AFFIRMED. Before NATHANIEL R. JONES and SUHRHEINRICH, Circuit Judges, and FEIKENS, Senior District Judge. Robert L. Hunter, a pro se Tennessee prisoner, appeals the district court's ju...

  • McCollum v. Lowther
    929 F2d 701
    Plaintiff-appellant, Byron T. McCollum (appellant), a pro se federal prisoner, appealed the district court's entry of summary judgment in favor of defendants-appellees Randy Lowther, et al., in this B...

  • United States v. P Lassiter
    929 F2d 267
    Laura Payne Lassiter ("defendant") pled guilty to an Information charging her with one count of distribution of cocaine in violation of 21 U.S.C. Sec. 841(a)(1). The District Court sentenced defendan...

  • United States v. Yip
    930 F2d 142
    Matthew Yip appeals from a judgment entered on May 5, 1989 in the United States District Court for the Eastern District of New York (Costantino, J.), convicting him, after a jury trial, of 14 counts o...

  • United States v. Clark
    929 F2d 702
    Defendant-appellant Arthur Clark appeals his conviction and sentence for possession of stolen mail and receiving and exchanging stolen treasury checks. For the following reasons, we affirm the judgme...

  • United States v. Quan Guerra
    929 F2d 1425
    Edgar Quan-Guerra was found guilty of possessing a weapon in prison. The district court fined Quan-Guerra $500. Quan-Guerra appeals his fine. We affirm. Edgar Quan-Guerra was serving time in pris...

  • United States v. Wilhite
    929 F2d 702
    Defendant-appellant, Calvin Wilhite (appellant), appeals from his jury conviction and sentence on one count of conspiring to possess with an intent to distribute cocaine, and one substantive count of ...

  • United States v. Silva
    930 F2d 36
    Defendant-appellant Darlene R. Silva pled guilty to one count each of possession and conspiracy to possess more than 500 grams of cocaine with intent to distribute. See 21 U.S.C. Secs. 846, 841(b)(1)...

  • United States v. Poole
    929 F2d 1476
    Robert S. Streepy, Asst. U.S. Atty., Kansas City, Kan. (Lee Thompson, U.S. Atty. and Julie A. Robison, Asst. U.S. Atty., with him on the brief), for plaintiff-appellee U.S. Zygmunt J. Jarczyk, Kans...

  • United States v. Gable
    930 F2d 35
    On December 29, 1989, defendant-appellant Jerry Gable entered a guilty plea to one count of executing and attempting to execute a scheme to defraud a bank in violation of 18 U.S.C. Secs. 2, 1344 (1988...

  • Associated General Contractors Of Connecticut Inc v. National Labor Relations Board
    929 F2d 910
    This case involves a supplemental compliance proceeding before the National Labor Relations Board ("Board"). The question is whether the Board, in such a proceeding, may impose backpay liability on a...

  • United States v. Monsanto
    924 F2d 1186
    MAHONEY, Circuit Judge, with whom FEINBERG, MESKILL, JON O. NEWMAN, KEARSE, GEORGE C. PRATT, and McLAUGHLIN, Circuit Judges, join: This case comes to us on remand from the Supreme Court of the Unite...

  • United States v. Muhammad
    928 F2d 1461
    Defendant-Appellant, Khalil Muhammad, was convicted following a jury trial of conspiracy to possess with intent to distribute in excess of 500 grams of cocaine in violation of 21 U.S.C. Secs. 841(a)(1...

  • Brown v. United States
    929 F2d 700
    E.D.Ky. AFFIRMED. Before RYAN and SUHRHEINRICH, Circuit Judges, and McRAE, Senior District Judge. This pro se federal prisoner appeals the district court's order denying his petition for a writ ...

  • Slaughter v. Hesson
    929 F2d 702
    M.D.Tenn. AFFIRMED. Before KENNEDY and NATHANIEL R. JONES, Circuit Judges, and FORESTER, District Judge. James Slaughter, through counsel, appeals the district court's order denying his petition...

  • Browning v. Moss
    929 F2d 700
    W.D.Ky. AFFIRMED. Before NATHANIEL R. JONES and SUHRHEINRICH, Circuit Judges, and FEIKENS, Senior District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules...

  • Hodge v. United States Department Of Justice
    929 F2d 153
    The INS commenced deportation proceedings against Hodge on August 3, 1988, with the issuance of an Order to Show Cause, charging that Hodge was deportable under 8 U.S.C. Sec. 1251(a)(2) as an alien wh...

  • Jones v. L Dugger
    928 F2d 1020
    Appellant Leo Alexander Jones ("Jones"), a prisoner awaiting execution on Florida's death row, appeals from the district court's denial of his petition for a writ of habeas corpus. For the reasons st...

  • Scruggs v. United States
    929 F2d 305
    Ten years ago a jury found Aaron Scruggs not guilty of being a convicted felon in possession of a firearm. Two years ago Scruggs, then as now in state custody on an unrelated charge, asked the distri...

  • United States v. Gomez Vigil
    929 F2d 254
    Edgar Gomez-Vigil appeals his perjury conviction and twenty-four month sentence. For the following reasons, we affirm Gomez-Vigil's conviction and sentence.I. On November 7, 1986, defendant-appella...

  • United States v. Gonzales
    929 F2d 213
    Defendant-appellant Sergio Gonzales challenges the adequacy of his trial counsel and the length of his sentence following his cocaine-trafficking conviction. For the following reasons, we affirm Gonz...

  • United States v. Hibbert
    929 F2d 434
    Kenneth Franklin Hibbert was convicted upon guilty pleas of possessing with intent to distribute amphetamine, 21 U.S.C. Sec. 841(a)(1), and possessing firearms during a drug trafficking crime, 18 U.S....

  • United States v. Rivers
    929 F2d 136
    This is an appeal by the United States from a finding made by the sentencing court that Gregory Rivers' two prior armed robbery convictions had been consolidated and merged into one offense for the pu...

  • Dunn v. State Farm Fire and Casualty Company
    927 F2d 869
    After her insurance claim was denied, plaintiff-appellant Mollie Ann Dunn brought suit against State Farm Fire & Casualty Company asserting refusal to pay a claim for fire loss. She alleged breac...

  • United States v. McDaniel
    929 F2d 702
    E.D.Ky., No. 90-00017; Siler, Jr., C.J. E.D.Ky. DISMISSED. Before NATHANIEL R. JONES, Jr. and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge. The defendant appeals his jury c...

  • United States v. McDaniel
    930 F2d 35
    On April 6, 1989, appellant Duncan Emery McDaniel and his co-defendant Dorothy Mae Dowler (No. 90-5094) were indicted for conspiring to defraud in interstate commerce. McDaniel was tried and convicte...

  • United States v. W Boldt
    929 F2d 35
    This is an appeal from a judgment of conviction, following a jury trial, of two counts relating to the discharge into a city sewer of industrial wastewater containing excessive metals. David Boldt ra...

  • Wilson v. Corbin Rn Rn D
    929 F2d 702
    Plaintiff-appellant, Leslie Z. Wilson, appeals the district court's judgment dismissing his civil rights action under 42 U.S.C. Sec. 1983 against defendants-appellees, Francis Corbin, R.N., and Judy J...

  • Damron v. Auto Owners Insurance Company
    929 F2d 700
    Plaintiff-appellant Gardner Damron, Jr., appeals from a judgment entered on a jury verdict for defendant-appellee Auto-Owners Insurance Company ("Auto-Owners") in this diversity action alleging liabil...

  • Stimac v. United States
    929 F2d 703
    Thomas Stimac, a frequent filer in the federal courts, is back. During his last visit, we enjoined him from filing future repetitious and frivolous actions. Stimac v. United States Department of J...

  • Mitchell v. Hoke
    930 F2d 1
    This is an appeal from a judgment granting Vincent Mitchell's application for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254 (1988). Mitchell and a co-defendant were convicted in 1985 in New...

  • Harper v. United States
    929 F2d 703
    Petitioner, David L. Harper, pled guilty to conspiracy to distribute marijuana, 21 U.S.C. Sec. 846, possession of marijuana with intent to distribute, 21 U.S.C. Sec. 841(a)(1), and interstate travel i...

  • United States v. E Miller
    929 F2d 702
    Defendant-appellant Lawrence E. Miller has appealed from the sentence imposed in a judgment entered pursuant to a guilty plea by the United States District Court for the Southern District of Ohio for ...

  • United States v. R Williams
    930 F2d 36
    Defendant Patricia Williams appeals her jury conviction, in the United States District Court for the District of Colorado, for possession with intent to distribute, and aiding and abetting possession ...

  • Burgess v. Evatt Burgess
    929 F2d 691
    Albert Charles Burgess, Jr. seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254 in No. 90-6864. Our review of the record and the district court's ...

  • United States v. Hayes
    929 F2d 702
    AFFIRMED. Before NATHANIEL R. JONES and SUHRHEINRICH, Circuit Judges, and FEIKENS, Senior District Judge. Susan Maria Hayes appeals the sentence imposed by the district court following her guilty ...

  • United States v. Banks
    930 F2d 35
    Following a conditional plea of guilty to the charge of possession of a firearm by a convicted felon, Prince Edward Banks, Jr. appeals the district court's denial of his motion to suppress. He claims...

  • United States v. One Parcel Of Property Located At 31 33 York Street Hartford Connecticut
    930 F2d 139
    Louise Maragh appeals from a jury verdict against certain of her real property in a civil forfeiture action pursuant to 21 U.S.C. Sec. 881(a)(7) (1988). She argues that the district court improperly ...

  • Battle v. L Morris
    929 F2d 700
    AFFIRMED. Before KENNEDY and RYAN, Circuit Judges, and JOINER, Senior District Judge. Petitioner, Ronald S. Battle, who is represented by counsel, appeals the district court's dismissal of his pet...

  • United States v. Anderson
    929 F2d 96
    The government appeals from an order of the United States District Court for the Eastern District of New York (Korman, J.) dated November 19, 1990 that granted defendant Terrance Anderson's motion to ...

  • United States v. Nissen
    928 F2d 690
    Karl Erik Nissen was convicted and sentenced for conspiring, 18 U.S.C. Sec. 371, and violating the Arms Export Control Act, 22 U.S.C. Sec. 2778, and interpretive regulations. He argues that, because ...

  • Major Computer Incorporated v. Academy Life Insurance Company
    929 F2d 1249
    Major Computer, Inc., appeals from the district court's order granting the motion of Phoenix Leasing, Inc., for summary judgment on Major's claim against Phoenix for tortious interference with contrac...

  • United States v. J Belcher
    927 F2d 1182
    The Bank Secrecy Act (the Act), 31 U.S.C. Secs. 5313-5326 (1988), authorizes the Secretary of the Treasury to issue regulations requiring domestic financial institutions to report currency transaction...

  • Meadows v. B Gramley
    929 F2d 703
    N.D.Ill., 520 N.E.2d 390. AFFIRMED. Before BAUER, Chief Circuit Judge, CUMMINGS, Circuit Judge and PELL Senior Circuit Judge. Petitioner Hosea Meadows appeals the district court's dismissal of h...

  • United States v. Alsubaey
    930 F2d 35
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. L Crisp T
    929 F2d 695
    Gardner L. Crisp, a federal prisoner, appeals from the district court's order denying his motion for relief under 28 U.S.C. Sec. 2255. The district court denied the motion without a response from the...

  • Samuels Kramer Company v. Commissioner Of Internal Revenue
    930 F2d 975
    Samuels, Kramer & Company (the Company) challenges the authority of the Chief Judge of the United States Tax Court to appoint "special trial judges" and to assign the adjudication of tax cases inv...

  • United States v. Wilson
    927 F2d 1188
    Appellant Roscoe Wilson pled guilty in the district court to malicious damage to property by means of fire in violation of 18 U.S.C. Sec. 844(i) and to conspiracy to commit the same in violation of 18...

  • United States Hagood v. Sonoma County Water Agency M Hagood
    929 F2d 1416
    James M. Hagood brought suit under the qui tam provision of the False Claims Act, 31 U.S.C. Secs. 3729-3733, alleging its violation by the Sonoma County Water Agency (the Water Agency). The district ...

  • United States v. Rosell
    929 F2d 695
    Lazaro Rosell appeals the judgment of the district court finding him guilty of conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. Sec. 846. He contends that the distri...

  • United States v. A Wujkowski
    929 F2d 981
    This case presents recurrent issues in Fifth Amendment jurisprudence: which individuals or entities are eligible to invoke the privilege against self-incrimination and what types of materials are pro...

  • Purvis v. Ponte
    929 F2d 822
    Pro se prisoner Kevin Purvis appeals from a district court order dismissing his civil rights complaint as frivolous under 28 U.S.C. Sec. 1915(d). Purvis sought declaratory, injunctive and monetary r...

  • United States v. Greany
    929 F2d 523
    The government appeals the district court's grant of Patrick Greany's motion to suppress evidence seized pursuant to a federal search warrant. We reverse. The district court had jurisdiction pursua...

  • United States v. Rios Ramirez
    929 F2d 563
    Carmen Cesar Rios-Ramirez, the driver and sole occupant of a 1974 Ford Cougar, entered the United States from the Republic of Mexico at the Port of Entry at Columbus, New Mexico, on February 3, 1989, ...

  • United States v. A Morrow
    929 F2d 566
    Pursuant to a plea agreement, Mark A. Morrow pleaded guilty to two counts of a multicount superseding indictment. Specifically, he pleaded guilty to Count I charging him with engaging in a continuing...

  • United States v. Smith
    929 F2d 695
    Mark Alan Smith was convicted, after a jury trial, of making and using a false document in a matter within the jurisdiction of the United States Department of Housing and Urban Development ("HUD") in ...

  • United States v. Lonedog
    929 F2d 568
    Richard Donald Lonedog was convicted of committing sexual abuse in Indian Country, in violation of 18 U.S.C. Secs. 1153 and 2242(1). He appeals, contending that the district court erroneously limited...

  • McCord v. Maggio
    927 F2d 844
    Plaintiff-appellant Clarence McCord, an inmate at Louisiana State Penitentiary (LSP), brought suit for damages under 42 U.S.C. Sec. 1983 alleging violations of the Eighth Amendment prohibition against...

  • United States v. F McCrackin
    929 F2d 695
    James McCrackin appeals from a summary judgment entered against him on a claim by the United States to recoup educational expenses for McCrackin's nearly three years of education at the Air Force Acad...

  • United States v. Davis
    929 F2d 930
    Antonio Davis appeals from a final judgment of sentence and challenges the sentence imposed under the Federal Sentencing Guidelines. Based on concessions made by the United States at oral argument, w...

  • Normand v. Research Institute Of America Inc
    927 F2d 857
    Plaintiff-appellant Simms T. Normand sued Research Institute of America, Inc., (RIA) for constructive discharge in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Secs. 621-34....

  • Ottenbacher v. Us Parole Comm
    931 F2d 902
    Appeal From: N.D.Fla. AFFIRMED. ...

  • United States v. H Colin
    928 F2d 676
    Defendant Antonio H. Colin was convicted after a jury trial in the United States District Court for the Western District of Texas of one count of knowingly possessing, as convicted felon, a firearm in...

  • Bozeman v. Us Parole Commission
    931 F2d 903
    Appeal From: N.D.Ala. AFFIRMED. ...

  • United States v. E Shoffner
    929 F2d 702
    Jerry E. Shoffner raises three issues in his appeal: Did the district court err in determining that Shoffner had an aggravated role in the offense under Sec. 3B1.1(c) of the Sentencing Guidelines; i...

  • United States v. Hanna
    930 F2d 35
    Defendant-appellant Wenston E. Hanna appeals from his conviction for unauthorized use of an access device, i.e., credit card fraud. 18 U.S.C. Sec. 1029. Defendant entered a conditional plea of guilt...

  • United States v. E White
    929 F2d 702
    Defendant, Darwin E. White appeals his jury conviction for failure to file tax returns, in violation of 26 U.S.C. Sec. 7203. This appeal presents three issues: 1. Whether the district court abused...

  • Powers v. Ohio
    499 US 400
    Jury service is an exercise of responsible citizenship by all members of the community, including those who otherwise might not have the opportunity to contribute to our civic life. Congress recogniz...

  • Smith v. Tidewater Marine Towing Inc
    927 F2d 838
    Plaintiff-Appellant Milton Roy Smith appeals from the decision of the jury in his Jones Act, 46 U.S.C.App. Sec. 688, negligence and unseaworthiness suit against Defendant-Appellees Tidewater Marine To...

  • United States v. Krugielka
    929 F2d 702
    Scott Krugielka appeals the refusal of the district judge to grant a downward departure in his sentence. Krugielka was convicted on a cocaine conspiracy charge, and his conviction was affirmed on app...

  • Hennessy v. Goldsmith
    929 F2d 511
    Appellee John Joseph Hennessy was convicted in Arizona state court of attempted armed robbery, burglary, and two counts of class 2 kidnapping. After trial, his appellate attorney discovered that the ...

  • United States v. P Ramusack
    928 F2d 780
    Defendant Jerry Ramusack, formerly an Administrative Officer for the Chicago Division of the United States Drug Enforcement Administration (DEA), pleaded guilty to two counts of mail fraud for defraud...

  • United States v. Caceres
    929 F2d 694
    Jose Efrain Caceres appeals his conviction and the subsequent 12-year sentence he received after pleading guilty to distributing cocaine. Caceres pled guilty in February 1990 to distributing cocaine,...

  • Nichols v. McCormick
    929 F2d 507
    Nichols was convicted in state court of kidnapping and assault. The court sentenced him to ten years for kidnapping and six months for assault. It imposed an additional ten years, to run consecutive...

  • Wells v. Brown
    929 F2d 702
    David Wells and Donald Hall, two Michigan inmates, appeal the district court's dismissal of their 42 U.S.C. Sec. 1983 action filed against numerous state prison officials. For the following reasons, ...

  • Skamla v. Lam Enterprises Inc
    929 F2d 694
    Appellant Cynthia Skamla (Skamla) worked for appellee LAM Enterprises, Inc. (LAM) and its president, appellee Carlos Abohasen (Abohasen), from October of 1984 to April of 1988. Skamla was ostensibl...

  • Brakefield v. United States
    930 F2d 918
    Kenneth Brakefield appeals from the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate the 1984 judgment of conviction for bank robbery. The 1989 motion filed was based on ineffectiv...

  • Harris v. Allen
    929 F2d 560
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. L Schomburg
    929 F2d 505
    Appellant pled guilty to establishing drug manufacturing operations in violation of 21 U.S.C. Sec. 856. Before he was sentenced, he jumped bail. He was later apprehended and charged with failure to ...

  • City Of Columbia v. Omni Outdoor Advertising Inc
    499 US 365
    This case requires us to clarify the application of the Sherman Act to municipal governments and to the citizens who seek action from them. * Petitioner Columbia Outdoor Advertising, Inc. (COA), a S...

  • Zaczek v. Sheriff Of Fauquier County
    929 F2d 695
    Roger Zaczek, a Virginia prisoner, brought this 28 U.S.C. Sec. 2254 petition attacking his 1989 conviction on two counts of abduction and two counts of use of a firearm in the commission of a felony. ...

  • Jackson v. Richards
    929 F2d 703
    Petitioner-appellant Gary Jackson filed a petition for a writ of habeas corpus in the district court, challenging the constitutionality of his guilty plea. The district court held that any error in t...

  • Miles v. Jabe
    929 F2d 701
    Kim Lamont Miles appeals the district court's denial of his petition for a writ of habeas corpus. For the following reasons, we affirm the district court's opinion and order. At approximately 5:00 ...

  • United States v. Puzzo
    928 F2d 1356
    Defendant-appellant Joseph Paci appeals from a judgment of conviction entered on September 26, 1989 after a jury trial before Eugene H. Nickerson, Judge, in the United States District Court for the Ea...

  • Myrick v. Buchanan
    929 F2d 701
    E.D.Ky., 90-00086, Siler, Jr., C.J. E.D.Ky. AFFIRMED. Before KENNEDY and RYAN, Circuit Judges, and FEIKENS, Senior District Judge. This case has been referred to a panel of the court pursuant ...

  • Black v. United States
    929 F2d 79
    This is a pro se appeal from a judgment of the United States District Court for the Southern District of New York, Robert J. Ward, J., substantially denying appellant's petition to vacate his sentence...

  • United States v. Durades
    929 F2d 1160
    Alcides Durades was charged in a one count indictment with possession of cocaine with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1). The district court denied the defendant's pretrial...

  • United States v. Velasquez Cruz
    929 F2d 420
    Martina Velasquez-Cruz appeals from a final judgment entered in the United States District Court for the Eastern District of Arkansas upon a jury verdict, finding her guilty of three counts of willful...

  • Bruchhausen v. Jj Clark
    929 F2d 700
    W.D.Tenn. AFFIRMED. Before KENNEDY and RYAN, Circuit Judges, and FEIKENS, Senior District Judge. Werner Bruchhausen, a pro se federal prisoner, appeals the district court's dismissal of his peti...

  • United States v. Daniels
    929 F2d 128
    Jermal Daniels, who was charged with four counts of possession and conspiracy to distribute substantial amounts of crack cocaine in Charleston, West Virginia, pleaded guilty to count four which charge...

  • United States v. Perez Magana
    929 F2d 518
    Appellant Jorge Perez-Magana appeals the district court's imposition of a 30-month sentence for transporting illegal aliens, which included an upward departure from the 6-12 month sentencing range sug...

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