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  • United States v. Mahan
    959 F2d 245
    After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See Fed.R.App.P. 34(f); 10th...

  • Mayer v. Mofford
    959 F2d 241
    MEMORANDUM Lawrence J. Mayer, an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal of his civil rights action prior to service of process under 28 U.S.C. § 1915(d)...

  • Langon v. Department Of Health and Human Services
    959 F2d 1053
    This distressing case comes to us on appeal from the district court's order granting summary judgment for the Department of Health and Human Services (HHS) against its former employee, Patricia A. Lan...

  • United States v. Levenson
    959 F2d 237
    Defendant appeals from his conviction and sentence on charges of conspiracy, mail fraud, and intimidating and threatening a witness. For the reasons that follow, we affirm. This case involves the ...

  • United States v. Lassiter
    959 F2d 237
    Laura Payne Lassiter appeals a district court sentence of ninety-one months imprisonment imposed following remand from this court. The case has been referred to a panel of the court pursuant to Rule...

  • United States v. Hernandez Hernandez
    959 F2d 242
    MEMORANDUM Miguel Hernandez-Hernandez appeals the sentence imposed after he pleaded guilty to one count of transportation of illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(B) (1988). He...

  • Dempsey v. Massachusetts State
    959 F2d 230
    John B. Dempsey, pro se, appeals the district court's judgment dismissing as frivolous his 42 U.S.C. § 1983 complaint against the Commonwealth of Massachusetts. Our review is plenary, Johnson v....

  • Gonzalez Sanchez v. United States Of America
    959 F2d 230
    Petitioner has appealed from the dismissal of a § 2255 petition. We review the background. * In 1985, petitioner, a lawyer, was convicted of one count of conspiracy to commit mail fraud and on...

  • Garcia v. Office Of Personnel Management
    960 F2d 157
    Josefina T. Garcia (Ms. Garcia) appeals from the April 25, 1991 initial decision of the Merit Systems Protection Board (Board), Docket No. SE08319110151, which became final on May 30, 1991, affirming ...

  • Seal v. J Knorpp L Seal
    957 F2d 1230
    The central issue in this consolidated appeal is whether Warren Seal was terminated for purposes of his employer's Trust Agreement, thereby allowing him to recover all of his royalty interests held in...

  • United States v. Daniels
    959 F2d 242
    Before HUG and PREGERSON, Circuit Judges, and PECKHAM, District Judge. MEMORANDUM John Fitzgerald Daniels appeals his conviction following his conditional plea to possession with intent to distribu...

  • Britt v. J Whitmire
    956 F2d 509
    A police patrolmen's union appeals the district court's grant of summary judgment in favor of the City of Houston on all of the union's Fair Labor Standards Act claims. Finding that we lack jurisdic...

  • Bloyd v. Rowland
    959 F2d 239
    * A comprehensive account of the facts appears in People v. Bloyd, 43 Cal.3d 333, 729 P.2d 802, 805-08, 233 Cal.Rptr. 368 (1987). Martha Jones (Martha) and Bloyd, cohabitants, went to visit Martha'...

  • United States v. Vacant Land Known As Palm Estates Ltd
    959 F2d 243
    MEMORANDUM Appellant Max Wexler appeals the denial of his motion challenging the federal magistrate judge's findings and the district court's order directing payment of specified funds to Appellee, t...

  • United States v. Alvarado
    959 F2d 242
    Before HUG and PREGERSON, Circuit Judges, and PECKHAM, District Judge. MEMORANDUM Appellant Juan Carlos Alvarado ("Alvarado") entered a guilty plea to conspiracy and possession with intent to distr...

  • Bailey v. Board Of County Commissioners Of Alachua County Florida
    956 F2d 1112
    Near the end of his graveyard work shift on May 14, 1987, Gregg Fitzgerald Bailey was arrested as the result of an undercover investigation at the Alachua County Detention Center (ACDC). Bailey had ...

  • United States v. Codd
    956 F2d 1109
    In this criminal case, we affirm the district court's suppression of evidence law enforcement officers seized during an unconstitutional period of detention. At approximately 5:55 p.m. on November 2...

  • United States v. Perez
    956 F2d 1098
    Lazaro Martinez, Juan Perez, Indiana Chappoten, and Caridad Rodriguez (collectively referred to as the "defendants") appeal their convictions from the United States District Court for the Southern Dis...

  • United States v. Clavis
    956 F2d 1079
    This case concerns a complex, long-running cocaine conspiracy operating in and near Atlanta, Georgia. Eight appellants were convicted in various combinations of conspiracy to distribute and to posse...

  • Entente Mineral Company v. E Parker M
    956 F2d 524
    This is an appeal from a directed verdict. The defendant-appellee law firm was sued for vicarious liability. The district court directed a verdict in favor of the firm, concluding as a matter of l...

  • Moreau Iupa v. Klevenhagen
    956 F2d 516
    A deputy sheriffs' union appeals the district court's grant of summary judgment in favor of Harris County, Texas on all three of the union's claims under the Fair Labor Standards Act (FLSA). We affi...

  • Association Of Flight Attendants v. Usair Inc
    960 F2d 345
    The Association of Flight Attendants, AFL-CIO (the Union), appeals from the district court's order granting summary judgment in favor of appellee USAir, Inc. and directing that certain evidence be adm...

  • United States v. L Beal
    960 F2d 629
    Defendant-appellant Kevin Lynn Beal pled guilty to violating 18 U.S.C. § 1791(a)(2), possession of a prohibited object by a federal prison inmate. The sentencing court refused to grant Beal a t...

  • United States v. E McGann
    960 F2d 846
    Appellant Donald McGann appeals his sentence under the United States Sentencing Guidelines, claiming that he is entitled to a four-level reduction pursuant to U.S.S.G. § 2P1.1(b)(3). We have ju...

  • United States v. Hechavarria
    960 F2d 736
    In a trial by jury, Saturno Hechavarria was convicted on five drug-related charges stemming from his possession with intent to distribute crack and powder cocaine. See 18 U.S.C. § 2 (1988); 21...

  • Miller v. Dukakis
    961 F2d 7
    This appeal primarily concerns the wages paid to the appellants, all "sexually dangerous persons" (SDPs) who have been committed, under the authority of Chapter 123A of the Massachusetts General Laws,...

  • United States v. Blevins
    960 F2d 1252
    Ervin Blevins, Dewey Johnson, and Joel Mitchell appeal their convictions for participation in a drug distribution conspiracy and other drug-related offenses. These convictions came at the end of a c...

  • United States v. Symms Symms
    960 F2d 847
    Meanwhile, after hearing evidence presented by Lamp and Reno, the grand jury had indicted Symms. The indictment was signed by Reno and was unsealed May 28, 1991. Symms moved to dismiss the indictm...

  • Baumgardner v. Secretary United States Department Of Housing and Urban Development B
    960 F2d 572
    Blanton B. Holley, who lived in the Walnut Hills area of Cincinnati, Ohio, called a telephone number listed on a rental sign at nearby 2343 Victory Parkway. The rental sign advertised a four-bedroom...

  • United States v. Sivils
    960 F2d 587
    Defendants Henry Sivils, Jerry Lee Stokes, William Dillard, and Sherrill Jordan appeal their jury convictions for conspiracy to possess with intent to distribute cocaine (Sivils, Dillard, and Jordan) ...

  • United States v. Panet Collazo
    960 F2d 256
    This is a consolidated criminal appeal. Defendant-appellant Ruben Santana-Diaz (Santana-Diaz) appeals from his convictions for conspiracy to possess with intent to distribute cocaine and heroin and ...

  • United States v. Alvarez
    960 F2d 830
    Anthony Alexander Alvarez ("Appellant") appeals from his conviction, following a jury trial, for being a felon in possession of a firearm and being an armed career criminal, and from his sentence of i...

  • United States v. Davis
    960 F2d 820
    Appellants Greg Davis, Alfredo Chavaria-Casteneda (Casteneda), and Robert Acevedes-Ramirez (Ramirez) were convicted of conspiring to possess cocaine with the intent to distribute, and attempting to po...

  • United States v. Warren
    959 F2d 237
    Darnell Warren and Clifford Gaither challenge a jury verdict finding each of them guilty of drug trafficking crimes. On appeal, both contend that the district court deprived them of their Sixth Amen...

  • United States v. Mosti
    959 F2d 243
    MEMORANDUM George Anthony Mosti appeals his conviction following jury trial for importation of LSD, in violation of 21 U.S.C. §§ 952 and 960, and possession of LSD with intent to distribute...

  • Teamsters Local Union No Aw v. National Labor Relations Board
    959 F2d 236
    Teamsters Local Union No. 293 petitions for review of an order of the National Labor Relations Board which found that they had engaged in unfair labor practices in violation of §§ 8(b)(1)(a)...

  • United States v. Pitre
    960 F2d 1112
    Richard Pitre, Edwyn Pitre, Joseph Pitre, and Angel M. Otero appeal from judgments entered in the United States District Court for the Southern District of New York, Nicholas Tsoucalas, Judge, after a...

  • United States v. Page Bey
    960 F2d 724
    Appellant Richard Page-Bey (Page-Bey) appeals from his conviction for conspiracy to distribute cocaine base ("crack") and heroin in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846. ...

  • United States v. Blumenkron Garcia
    959 F2d 242
    MEMORANDUM Francisco Blumenkron-Garcia appeals his convictions following jury trial for possession of five kilograms or more of cocaine with intent to distribute, in violation of 21 U.S.C. § ...

  • Martinez Benitez v. Immigration and Naturalization Service
    956 F2d 1053
    Petitioner is a 26 year-old native and citizen of Cuba who illegally entered the United States without inspection on August 7, 1981. Petitioner's father was a high-ranking member of the Cuban govern...

  • United States v. Hunt
    959 F2d 242
    MEMORANDUM David Alan Hunt appeals the district court's denial of his Fed.R.Crim.P. 35(b) motion to reduce his sentence. He was convicted following a guilty plea to mail fraud, in violation of 18 U...

  • United v. Pleasant
    960 F2d 1080
    These appeals call upon us to ascertain the extent of a federal court's power, in an ERISA case, to assert personal jurisdiction over a foreign corporation. To complete our task, we must also consid...

  • Haynes v. Van De Kamp
    959 F2d 240
    MEMORANDUM Shelton Noel Haynes, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action for damages for failure to state a claim. We review de ...

  • United States v. Contreras
    959 F2d 242
    MEMORANDUM Froilan Contreras appeals his conviction, following a conditional guilty plea, for possession with intent to distribute approximately 1005 grams of cocaine, in violation of 21 U.S.C. §...

  • Schultz v. United States Parole Commission
    959 F2d 241
    MEMORANDUM Greg Schultz, an Arizona state prisoner serving a concurrent federal sentence, appeals pro se the district court's dismissal of his Bivens action for failure to exhaust administrative reme...

  • United States v. Henry
    959 F2d 242
    MEMORANDUM Tad Wayne Henry appeals his conviction, following a conditional guilty plea, for possession with intent to distribute at least one gram of LSD and at least one hundred grams of methampheta...

  • United States v. Hinkle
    959 F2d 242
    MEMORANDUM Stephen Hinkle appeals his sentence under the United States Sentencing Guidelines following his guilty plea to two counts of bank robbery in violation of 18 U.S.C. § 2113(a). Hinkle...

  • Flowers v. C Phelps
    956 F2d 488
    Defendants-appellants Norman Johnson, David Blaylock, and Robert McBride, correctional officers at the Louisiana State Penitentiary at Angola, appeal the judgment of the district court awarding a tota...

  • United States v. Cleveland
    959 F2d 242
    MEMORANDUM John Sidney Cleveland, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Cleveland contends that he was denied effective assistance of c...

  • Mims v. United States
    959 F2d 235
    In Case No. 91-6383, Gilbert J. Mims, a pro se Kentucky prisoner, appeals the district court's order dismissing his motion to vacate sentence filed under 28 U.S.C. § 2255 and his petition for wri...

  • United States v. L Doe
    960 F2d 221
    Under federal gun control law, a felon possessing a firearm who "has three previous convictions ... for violent felon[ies]" faces a mandatory minimum prison term of fifteen years. 18 U.S.C. § 92...

  • United States v. Torres
    960 F2d 226
    Barbino Torres appeals his conviction and sentence for conspiring to distribute, and distributing, approximately 124 grams of cocaine. 21 U.S.C. §§ 841(a)(1), 846, and 18 U.S.C. § 2. ...

  • United States v. Montiel
    959 F2d 243
    MEMORANDUM Carlos Humberto Montiel appeals from the district court's denial of his motion to correct an illegal sentence pursuant to former Fed.R.Crim.P. 35(a). Montiel was convicted of conspiracy t...

  • Richmark Corp v. Timber Falling Consultants Timber Falling Consultants
    959 F2d 1468
    This case presents a number of difficult questions regarding a sensitive area of law and foreign relations. Timber Falling Consultants, Inc. (TFC) won a default judgment for fraud and breach of con...

  • United States v. Toney
    959 F2d 243
    MEMORANDUM Marlondo Ansara Toney, a federal prisoner, appeals pro se the district court's denial without an evidentiary hearing of his 28 U.S.C. § 2255 motion. We have jurisdiction under 28 U....

  • Bergeson v. K Dilworth O
    959 F2d 245
    Defendants-appellants, Edward K. Dilworth ("Edward") and Nathan O. Dilworth ("Nathan"), appeal from a judgment entered against them in a diversity action for the wrongful death of Sheryl L. Bergeson (...

  • United States v. Ojebode
    957 F2d 1218
    Folonsho Samuel Ojebode, a Nigerian citizen legally residing in the United States, was indicted for: Count One: Conspiracy to import in excess of 100 grams of heroin from Nigeria into the United Sta...

  • Thibeault v. Square D Company
    960 F2d 239
    Plaintiff-appellant Charles M. Thibeault challenges the entry of summary judgment in favor of defendant-appellee Square D Company. The linchpin of this appeal is whether the district court lawfully ...

  • United States v. Taylor
    960 F2d 115
    Jeffrey Scott Taylor pleaded guilty to bank robbery. He appeals the district court's enhancement of his sentence for brandishing, possessing, or displaying a dangerous weapon. Sentencing Guideline...

  • United States v. Ray
    959 F2d 243
    MEMORANDUM Sherilyn Yvette Ray appeals her sentence imposed following entry of a guilty plea to knowingly producing a false identification document in violation of 18 U.S.C. § 1028(a)(1). Ray ...

  • United States v. Palacios
    959 F2d 243
    MEMORANDUM Jairo Alberto Palacios appeals his conviction following entry of a conditional guilty plea to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). Pal...

  • Safety Mutual Casualty Corp v. Liberty Mutual Insurance Co
    959 F2d 230
    Defendant-appellant, Liberty Mutual Insurance Company, appeals from a summary judgment in a declaratory judgment action granted to plaintiff-appellee, Safety Mutual Casualty Corporation. Liberty was ...

  • United States v. Jones
    959 F2d 242
    MEMORANDUM Jerald Patrick Jones appeals his sentence under the United States Sentencing Guidelines ("Guidelines") following a guilty plea to possession with intent to distribute a controlled substanc...

  • United States v. Shangold
    959 F2d 243
    MEMORANDUM Neil B. Shangold appeals his conviction following a jury trial for damaging government property, in violation of 18 U.S.C. § 1361. Shangold contends that the district court erred by...

  • Prince v. Sargent
    960 F2d 720
    Carl Dwayne Prince, an Arkansas inmate, appeals from the district court's dismissal of his 42 U.S.C. § 1983 action following an evidentiary hearing. Prince claimed that Correctional Officer Joh...

  • United States Of America v. Morgan
    959 F2d 232
    Mark Morgan appeals his conviction for exercising unlawful possession over property of another with the purpose of depriving the owner of the property, in violation of 36 C.F.R.s 2.30(a)(1). After h...

  • Kimsey v. Bryan
    959 F2d 240
    MEMORANDUM James E. Kimsey, a Nevada state prisoner, appeals pro se the district court's order denying his motion to modify the district court's May 14, 1982 order and entry of an injunction against ...

  • McCormick v. Sowders
    959 F2d 234
    This pro se Kentucky prisoner appeals the district court's order denying his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. The appeal has been referred to a panel of the co...

  • Sellers v. Bureau Of Prisons
    959 F2d 307
    Appellant, W. Foster Sellers, filed an action under the Privacy Act against the Bureau of Prisons and the Parole Commission claiming that the agencies maintained incorrect information in his inmate fi...

  • Marshall v. Wouldridge
    958 F2d 368
    Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (CA-90-276-JFM) Argued: Seth Kirshenberg, Student Attorney, Washington C...

  • United States v. L Harnois
    958 F2d 375
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, Senior District Judge. Pursuant to a plea agreement, appellant Ervin L. Harnois entered a guilty plea to one count of possession with i...

  • Jacobs v. P Barr
    959 F2d 313
    Fifty years ago, President Roosevelt authorized his Secretary of War to send Japanese Americans to internment camps solely because of their race. Four years ago, Congress passed a Civil Liberties Ac...

  • United States v. Laspesa
    956 F2d 1027
    In this criminal case involving a scheme to defraud business loan seekers, we affirm the convictions and sentences. Appellants, Victor E. Murgo, Joseph LaSpesa, Aime J. Sarault, and Stephen A. Sarau...

  • Chuman v. A Wright P
    960 F2d 104
    This appeal challenges the district court's denial of the individual defendants' motion for summary judgment on their claim of qualified immunity in an action for damages brought pursuant to 42 U.S.C....

  • Alcorn v. Sowders
    959 F2d 233
    Leon C. Alcorn, a pro se Kentucky prisoner, appeals a district court order dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. This case has been referred to a pan...

  • Young v. Zenon
    958 F2d 380
    MEMORANDUM Matthew Young brought a state post-conviction relief action raising federal constitutional claims challenging the state court's use of his guilty plea. His claims were denied and Young f...

  • United States v. Zuno Arce
    958 F2d 380
    MEMORANDUM The United States appeals from the district court's order granting defendant Ruben Zuno-Arce a new trial. We affirm and remand for a new trial. In 1985, Drug Enforcement Administration...

  • United States v. M Larson
    958 F2d 379
    MEMORANDUM Defendant Larson appeals the denial of his motion to suppress his confession and the methamphetamine found in his duffel bag. We review denial of a motion to suppress de novo, see Unite...

  • United States Of America v. Siers
    958 F2d 370
    Darwin Rusty Siers sought relief in the district court from his conviction and sentence, claiming, among other things, that his attorney was ineffective in failing to petition for certiorari and that ...

  • United States v. Hassan
    959 F2d 236
    Defendant Musibau Hassan appeals the sentence imposed following his guilty plea to charges of using an unauthorized access device with intent to defraud, in violation of 18 U.S.C. §§ 1029(a)...

  • United States v. Brown
    958 F2d 378
    Brown also argues the district court committed reversible error in denying a request to have the court review a DEA file in camera. On direct, a DEA informant denied any drug use in the prior six ye...

  • United States Of America v. Mitchell
    958 F2d 369
    Derrick Scott Mitchell appeals from his resentencing after remand from this Court. See United States v. Johnson, No. 90-5079 (4th Cir. June 17, 1991) (unpublished). Because we find that the distric...

  • Boulware v. State Of Nevada Department Of Human Resources
    960 F2d 793
    Dr. Frederick Boulware appeals a summary judgment in favor of defendants Humana Hospitals, Inc. ("Humana") and National Care Service Corp. ("NCSC") on Boulware's antitrust and civil rights actions a...

  • United States v. Manrique Aka
    959 F2d 1155
    This is an appeal from a sentence issued by the District Court for the District of Massachusetts, on the ground that appellant's counsel was not provided an opportunity to properly review the Pre-Sent...

  • United States v. Chester
    958 F2d 1157
    Before BUCKLEY, KAREN LECRAFT HENDERSON and RANDOLPH, Circuit Judges This case was considered on the record on appeal from the United States District Court for the District of Columbia and was argued...

  • United States v. Baranek
    959 F2d 236
    Gary Baranek, a pro se federal prisoner, appeals his conviction and sentence for conspiracy to possess with intent to distribute and to distribute controlled substances, in violation of 21 U.S.C. ...

  • McKinney v. Anderson Hl W
    959 F2d 853
    William McKinney, a Nevada state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983. This court affirmed in part, reversed in part, and remanded. McKinney v. Anderson, 924 ...

  • United States v. Alvarado
    958 F2d 378
    MEMORANDUM Alvarado appeals from a judgment of conviction for presenting false claims to the government. 18 U.S.C. § 287 (1988). We affirm. Alvarado contends that the court erred in denying...

  • White v. Clark
    958 F2d 375
    Thomas E. White appeals the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. An Indiana jury convicted him of confinement while armed with a deadly we...

  • Campbell v. P Lane
    958 F2d 374
    Elgin Campbell filed a pro se complaint under 42 U.S.C. § 1983 against defendants alleging that they were deliberately indifferent to his medical needs in violation of the Eighth Amendment. The...

  • Saba v. Parker
    958 F2d 374
    Nu'man M. Saba appeals the district court's grant of the defendant's motion for summary judgment. Saba brought this suit alleging that the defendant, a guard at the Waupun Correctional Institution, i...

  • Hamilton v. K Russell
    959 F2d 234
    Roy Hamilton appeals the district court's order dismissing his 28 U.S.C. § 2254 state petition for a writ of habeas corpus. This case has been referred to a panel of the court pursuant to Rule ...

  • Fulmer v. L Morris
    959 F2d 234
    Before NATHANIEL R. JONES and ALAN E. NORRIS, Circuit Judges, and JOINER, Senior District Judge. Frank Edward Fulmer, a pro se Ohio prisoner, appeals the district court's dismissal of his petition f...

  • United States v. Bentley
    959 F2d 236
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P...

  • United States v. H Ashley
    959 F2d 236
    William H. Ashley, a pro se federal prisoner, appeals the district court's order granting in part and denying in part his motion to return certain property under 28 U.S.C. § 2465. This case has...

  • Cummings v. Abrahamson
    958 F2d 374
    In the appeal of his conviction and denial of post-conviction relief, the defendant again alluded to his appellate counsel's failure to file an Anders brief, but his sole reference to ineffective assi...

  • Wabeke v. Maatman A C M A J B and H
    959 F2d 237
    Paul E. Wabeke, a pro se Michigan litigant, appeals from the judgment of the district court dismissing his complaint alleging the violation of his civil rights. 42 U.S.C. § 1983. This case has...

  • Wesley v. W Hawley
    959 F2d 237
    Gary R. Wesley, a pro se Michigan prisoner, appeals from the order of the district court dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. This case has be...

  • Barnhill v. Doiron
    958 F2d 200
    Rodney D. Barnhill, an inmate at the Menard Correctional Center of Chester, Illinois, brought this action under 42 U.S.C. § 1983 alleging that defendants Larry Doiron and John Moore--both members...

  • Coleman v. Richards
    958 F2d 374
    Lennard Coleman filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court considered all of the claims in Coleman's petition and dismissed each on its merits...

  • Rust v. W Clarke
    960 F2d 72
    This is a capital case. John Rust was sentenced to death by a panel of Nebraska state judges on October 30, 1975. The conviction was affirmed by the Nebraska Supreme Court on February 2, 1977. B...

  • Coca Cola Bottling Company Of St Louis v. Teamsters Local Union No
    959 F2d 1438
    This is an appeal from the District Court's decision granting summary judgment in favor of the Coca-Cola Bottling Company of St. Louis (Company) and vacating a labor arbitrator's award. We affirm. ...

  • Harmon v. Ryan
    959 F2d 1457
    The roots of this appeal lie in Arizona v. Shattuck, 140 Ariz. 582, 684 P.2d 154 (1984). In Shattuck, the Arizona Supreme Court was presented with the question of what an appointed counsel's obligat...

  • United States v. Dalton
    960 F2d 121
    John Dalton, an attorney, accepted a firearm as a fee from a client, who was a licensed firearms dealer and who had converted the weapon into a machinegun in 1989. Dalton was found guilty of possess...

  • Lewis v. Johnson
    959 F2d 234
    Man Lewis, Jr., a pro se Michigan prisoner, appeals a district court judgment dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The case has been referred to a panel o...

  • United States v. Blaize
    959 F2d 850
    Taofig Olabiyi Blaize (Blaize) was indicted for and pled guilty to the use of a false passport. 18 U.S.C. § 1542. At sentencing the district court added two points to his Guideline score upon ...

  • Kreines v. United States
    959 F2d 834
    Federal agents Jack McMenimen and Wayne Yamashita appeal the district court's judgment in favor of Lorna Kreines on her Bivens claim for violation of her Fourth Amendment rights. They also appeal th...

  • United States v. Huntsman
    959 F2d 1429
    The district court dismissed with prejudice the indictment against Wayne Huntsman and Ralph Huntsman and granted their motion for judgment of acquittal notwithstanding the jury's verdict. The govern...

  • Johnson Canal Corporation 91 1403 v. E Finnman L W B W M B B A A Brown
    960 F2d 396
    The appellants, Canal Corporation (Canal) and Resource Evaluation and Development, Inc. (RED), appeal from the judgment of the district court affirming the decision of the United States Bankruptcy Co...

  • Town Sound and Custom Tops Inc v. Chrysler Motors Corporation
    959 F2d 468
    Until the mid-1970s, Chrysler Motors Corporation ("Chrysler") and other leading American automobile manufacturers sold car radios as options that were priced separately from the rest of the cars' stan...

  • United States v. Felix
    503 US 378
    The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb. " D...

  • Threet v. H Wells
    958 F2d 372
    James Threet is a pro se Michigan prisoner who appeals the dismissal of a habeas corpus petition that he had filed under 28 U.S.C. § 2254. This case has been referred to a panel of the court pu...

  • Ame Saahir v. A Collins
    956 F2d 115
    Saahir, formerly known as James Loggins, was convicted of aggravated robbery by a Texas jury in 1979 and sentenced to 75 years imprisonment. The Texas Court of Criminal Appeals affirmed his convicti...

  • Bennett v. Local Union No Glass Molders Pottery Plastics and Allied Workers International Union
    958 F2d 1429
    This appeal involves a hybrid breach of contract/duty of fair representation action brought under section 301 of the Labor Management Relations Act. Cherie Bennett was an employee of Owens-Brockway ...

  • United States v. Pointer
    958 F2d 372
    The defendant appeals his conviction and sentence for conspiracy to possess with intent to distribute and to distribute cocaine and other related charges. For purposes of 28 U.S.C. § 1291, fina...

  • Pendleton v. Jefferson Local School District Board Of Education
    958 F2d 372
    This is a handicap discrimination suit under brought under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and under 42 U.S.C. § 1983, by Betty Jo Pendleton against her emplo...

  • United States v. R Goland
    959 F2d 1449
    Michael Goland was charged with committing political campaign violations in connection with the race between Alan Cranston, Ed Zschau, and Ed Vallen for the United States Senate in the 1986 California...

  • United States v. Falon
    959 F2d 1143
    This is a government appeal, under 18 U.S.C. § 3731, from the district court's actions in granting defendant's motion to suppress and in denying the government's motion for reconsideration. At ...

  • United States v. C Jacoby
    955 F2d 1527
    This criminal prosecution arose from the mid-eighties financial debacle of the Sunrise Savings and Loan Association (Sunrise) in South Florida. A jury convicted two former Sunrise officials of sever...

  • Suter v. Artist M
    503 US 347
    This case raises the question whether private individuals have the right to enforce by suit a provision of the Adoption Assistance and Child Welfare Act of 1980 (Adoption Act or Act), 94 Stat. 500, 42...

  • United States v. Weston
    960 F2d 212
    Following a joint trial, Paul R. Taylor and Albert Weston were convicted of threatening bodily injury with intent to retaliate for information given to law enforcement officials in violation of 18 U.S...

  • United States v. B Lankford
    955 F2d 1545
    This case presents two questions concerning the district court's exclusion of evidence in a criminal prosecution. Defendant-Appellant Richard B. Lankford was convicted on two counts of extortion and...

  • Turner v. Buckmaster
    958 F2d 378
    Before TANG and NOONAN, Circuit Judges, and SHUBB, District Judge. MEMORANDUM Nathanial Turner, Jr., an Arizona prisoner, filed a 42 U.S.C. § 1983 action against a prison physician's assistant...

  • United States v. Martinez Galindo
    958 F2d 375
    Artemio Martinez-Galindo pleaded guilty to one count of possession of cocaine with the intent to distribute in violation of 21 U.S.C. § 841(a)(1). Martinez entered a conditional guilty plea pre...

  • United States v. Verrett
    958 F2d 379
    MEMORANDUM A jury found Dejuan Verrett guilty of conspiracy to possess with intent to distribute and possession with intent to distribute cocaine base, in violation of 21 U.S.C. §§ 841(a)(1...

  • United States v. Lehder Rivas
    955 F2d 1510
    From early 1978 through 1981, Carlos Enrique Lehder-Rivas (Lehder) served as leader of a cocaine smuggling organization which utilized as its major base for operations the island of Norman's Cay in th...

  • United States v. Nunez
    958 F2d 196
    On January 23, 1991, Margarito Nunez pleaded guilty to possession with intent to distribute approximately 1,000 grams of cocaine in violation of 21 U.S.C. § 841(a)(1) and attempt to distribute 50...

  • United States v. July
    958 F2d 379
    MEMORANDUM Stacy Ann July appeals her conviction for second degree murder. We affirm. Stacey July was charged with the premeditated murder of her husband on December 22, 1988, a violation of 18 U...

  • United States v. J Cook
    959 F2d 245
    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 ...

  • Riofrio Anda v. Ralston Purina Co Riofrio Anda
    959 F2d 1149
    In this diversity action, the plaintiffs-appellants, Luis Riofrio Anda and Sylvia Marisol Unda Gonzalez, sued the defendants-appellees, Ralston Purina Co., Van Camp Seafood Company, Inc., and National...

  • United States v. Bishop
    959 F2d 820
    With this case, we are called upon to examine the boundaries of the Supreme Court's decision in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Appellant Leo Bishop alleges th...

  • Marquam Investment Corporation Brewer v. Erwin and Erwin Pc
    959 F2d 800
    After receiving a favorable decision in the case in chief (In re Marquam Inv. Corp., 942 F.2d 1462 (9th Cir.1991)), the plaintiff-appellee seeks attorney fees against the appellant pursuant to Rule 38...

  • United States v. Huff
    959 F2d 731
    A grand jury indicted Wayne Morris Huff, Henry Love, and Willie Love on June 20, 1990. Count I of the indictment charged all three defendants with attempting to possess one kilogram of cocaine, in v...

  • Cornman v. Armontrout L
    959 F2d 727
    Petitioner Chester Cornman appeals from the denial by the District Court of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1988). We affirm. On May 12, 1982, Cornman was con...

  • United States v. M Muchnick
    959 F2d 124
    Steven M. Muchnick appeals from a final judgment entered in the United States District Court for the Western District of Missouri, upon a jury verdict, finding him guilty of one count of conspiracy to...

  • United States v. Rlc
    503 US 291
    1. The textual evolution of § 5037(c)(1)(B) and the relevant legislative history reinforce the conclusion that the section is better understood to refer to the maximum sentence permitted under &#...

  • United States v. Jones
    958 F2d 372
    The defendant appeals from the sentence imposed upon his guilty plea to distribution of cocaine within 100 feet of a youth center and possession of a firearm in relation to a drug trafficking offense....

  • United States v. Wilson
    503 US 329
    A defendant convicted of a federal crime has a right under 18 U.S.C. § 3585(b) to receive credit for certain time spent in official detention before his sentence begins. In this case, we must de...

  • United States v. F Kilgroe
    959 F2d 802
    Appellant Kilgroe was subpoenaed to testify for the defense in a criminal trial. During the course of cross-examination he made several self-incriminating statements that were later used by the gove...

  • Abate v. Goldsmith Abate
    958 F2d 376
    MEMORANDUM Appellant Teshome Abate, a native of Ethiopia, shot and killed his roommate while he was a student at Arizona State University. Appellant subsequently pleaded guilty to Second Degree Mur...

  • Dunn v. Cowley
    958 F2d 381
    After examining the Defendant's brief 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...

  • Holmes v. Securities Investor Protection Corporation
    503 US 258
    Held: SIPC has demonstrated no right to sue Holmes under § 1964(c). Pp. 265-276. (a) A plaintiff's right to sue under § 1964(c)—which specifies that "[a]ny person injured . . . by...

  • Rodriguez v. G Toombs
    958 F2d 372
    Jose Rodriguez, pro se, appeals the district court's order granting the defendants' motion for summary judgment and dismissing this civil rights complaint. 42 U.S.C. § 1983. This case has been...

  • United States v. Olvera Cervantes
    960 F2d 101
    Section 2L1.2 of the Sentencing Guidelines requires that aliens convicted of illegally reentering the United States receive a heavier sentence if they had been originally deported after being convicte...

  • Yvonne Lewis v. New Mexico Department Of Human Services
    959 F2d 883
    Plaintiffs, Yvonne L. and Demond L., by and through their guardian ad litem, Kemp Lewis, appeal from the district court's grant of summary judgment against them in this 42 U.S.C. § 1983 case. O...

  • Martinez v. Gluch
    958 F2d 371
    Noe Martinez, a pro se federal prisoner, appeals a district court order denying his petition for a writ of habeas corpus filed under 28 U.S.C. § 2241. This case has been referred to a panel of ...

  • United States v. Litchfield
    959 F2d 1514
    Defendant Douglas Litchfield appeals his conviction and the sentence imposed upon him for conspiracy in violation of 18 U.S.C. § 371, several counts of mail and wire fraud in violation of 18 U.S....

  • Rock v. S Zimmerman
    959 F2d 1237
    In this appeal from the district court's denial of relief in a habeas corpus proceeding, 729 F.Supp. 398, Gary Lee Rock asks us to set aside his 1985 Pennsylvania state court convictions on two counts...

  • United States v. D Ohara
    960 F2d 11
    Appellant Robert O'Hara entered into a plea agreement with the government, waiving indictment and entering a plea of guilty before Judge Korman to a one-count information charging him with aiding and ...

  • Harris v. Ohio Department Of Rehabilitationcorrection
    958 F2d 371
    Before KENNEDY and BATCHELDER, Circuit Judges, and TAYLOR, District Judge. This pro se Ohio prisoner appeals the district court's dismissal of his civil rights complaint filed pursuant to 42 U.S.C. ...

  • United States v. K Bennett
    958 F2d 372
    Connie K. Bennett, a federal prisoner represented by counsel, appeals the district court's order denying her motion to correct sentence, or in the alternative, to reduce or modify sentence filed pursu...

  • United States v. Soto
    959 F2d 1181
    Defendant-appellant Israel Vasquez appeals from a judgment of conviction entered in the United States District Court for the Southern District of New York (Peter K. Leisure, Judge ). The underlying ...

  • United States v. D Gray L
    958 F2d 372
    The defendants, Lonnie Griffin, DeOndra Gray, and Frank Johnson, were charged with various federal offenses in an eight-count indictment. In count one, each defendant was charged with conspiring, be...

  • United States v. George
    960 F2d 97
    Leroy George appeals his conviction on three counts of sexual abuse. He contends that the admission of hearsay statements made by the victim to her examining physician and to a Navajo tribal investi...

  • Hodgson v. Waters
    958 F2d 377
    MEMORANDUM Leonard John Hodgson, a California state prisoner, appeals pro se the district court's summary judgment in favor of defendants in his 42 U.S.C. § 1983 action. Hodgson contends that ...

  • Bleich v. American Network Inc
    958 F2d 376
    Before JAMES R. BROWNING, D.W. NELSON and CANBY Circuit Judges. MEMORANDUM Between 1983 and 1988, American Network, Inc. ("AmNet"), a publicly traded corporation, engaged in a number of transactio...

  • United States v. Gardiner
    955 F2d 1492
    Defendant Winton Gardiner appeals various aspects of his conviction of and sentence for two narcotics offenses and failure to appear for trial. After due consideration of his arguments, we affirm Ga...

  • United States v. Osburn
    955 F2d 1500
    The government appeals the district court's finding that the sentencing scheme embodied in 21 U.S.C. § 841 is unconstitutional. Section 841 outlines a sentencing structure that punishes individ...

  • United States v. Burnett
    958 F2d 372
    The defendant, a Tennessee businessman and former state legislator, was tried and convicted in a federal district court on charges of income tax evasion and conspiracy to establish and operate an ille...

  • United States v. Griebe
    959 F2d 714
    Albert Julius Griebe, Jr., appeals the 135-month sentence imposed by the district court following his guilty plea to two counts of robbery. We affirm. Griebe pleaded guilty to robbing a credit uni...

  • Nadler v. Us Department Of Justice
    955 F2d 1479
    The United States Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) (collectively the Government) appeal from an order of the United States District Court for the Southern Dist...

  • Bankatlantic A Federal Savings Bank v. Blythe Eastman
    955 F2d 1467
    John H. Schulte, Paul McMahon, Jorden, Schulte & Burchette, Miami, Fla., for Blythe Eastman Paine Webber, Inc. Eugene E. Stearns, Bradford Swing, Miami, Fla., for Bankatlantic. Appeals from th...

  • United States v. Garner
    958 F2d 372
    Before NATHANIEL R. JONES and ALAN E. NORRIS, Circuit Judges, and JOINER, Senior District Judge. Defendant was sentenced on April 19, 1990, to 136 months imprisonment for violations of 21 U.S.C. &#x...

  • Jones v. Duckworth
    958 F2d 374
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, Senior District Judge. On December 14, 1990, Otis R. Jones filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 cha...

  • United States v. Zarate Rojas
    958 F2d 361
    Defendant Julio Alexander Zarate-Rojas was convicted for possession with intent to distribute cocaine, importing the drug into the United States, and possessing on an aircraft cocaine that is not list...

  • Seiden Associates Inc v. Anc Holdings Inc
    959 F2d 425
    The appeal before us presents a question of contract interpretation. When the meaning of a contract is litigated, a reviewing court ordinarily looks only at the words used by the drafters, who presu...

  • Mody v. City Of Hoboken Crimmins
    959 F2d 461
    Jamshid Mody (Mody), an Asian Indian, appeals a ruling of the United States District Court for the District of New Jersey directing a verdict against Mody on his civil rights claims against the City o...

  • Bank Of Lexington Trust Company v. Vining Sparks Securities Inc L
    959 F2d 606
    David Tachau (argued and briefed), Maureen Taylor, Brown, Todd & Heyburn, Louisville, Ky. and Paul E. Sullivan, Brown, Todd & Heyburn, Lexington, Ky., for plaintiff-appellant. Karen J. Green...

  • Green v. Groose
    959 F2d 708
    John William Green, a Missouri prisoner convicted of second-degree murder, appeals the district court's order denying his 28 U.S.C. § 2254 application for a writ of habeas corpus. We affirm. ...

  • Diercks v. Durham
    959 F2d 710
    Lynda Durham, a former supervisor at the Algoa Correctional Center, appeals from a judgment in favor of John Sherwin Diercks on his action brought under 42 U.S.C. § 1983 (1988). This action aro...

  • Gavagan v. United States
    955 F2d 1016
    Plaintiff-appellant Thomas Gavagan (Gavagan) brought this suit against the United States pursuant to Public Vessels Act, 46 U.S.C.App. § 781, seeking damages, under the Jones Act, 46 U.S.C.App. &...

  • United States v. C Ponce
    958 F2d 375
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, Senior District Judge. Appellant ernesto C. Ponce entered a guilty plea to three counts of distribution of cocaine under 18 U.S.C. ...

  • Wr Grace Co Conn v. United States Environmental Protection Agency
    959 F2d 360
    Petitioner, W.R. Grace & Co. ("Grace" or "the company"), received from respondent, the Environmental Protection Agency ("EPA" or "the agency"), a corrective action permit under the Resource Conse...

  • Hansen v. United States
    956 F2d 245
    Gerald Hansen was convicted by a jury of two counts of possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d) and one count of transfer of an unregistered firearm in violation ...

  • United States v. Willis
    956 F2d 248
    Terry James Willis is serving concurrent life sentences for conspiring to possess, and possessing with intent to distribute, at least five kilograms of cocaine. See 21 U.S.C. § 841(a)(1), (b)(1...

  • United States v. Martin
    960 F2d 59
    Appellants, Paul Martin (Martin) and Ceasear Vaughn, Jr. (Vaughn), were convicted of all charges in a joint drug trial. Both were convicted of violating 21 U.S.C. § 846 (1990) (conspiracy to p...

  • United States v. Villarreal
    960 F2d 117
    Defendant pled guilty in the United States District Court for the District of New Mexico to the charge of possession with intent to distribute less than fifty kilograms of marijuana in violation of 21...

  • Moore v. J Davies
    958 F2d 381
    The district court dismissed the complaint of Robert Eugene Moore alleging constitutional deprivations on the ground that it is frivolous. We have examined the complaint, and we agree. The documen...

  • United States v. Uriarte
    958 F2d 381
    Defendant Domingo Uriarte appeals conviction on two counts under 18 U.S.C. § 841(a)(1), possession of a controlled substance with intent to distribute. He contends that insufficient evidence wa...

  • Hancock v. Dodson J D D
    958 F2d 1367
    Appellant John P. Hancock appeals the district court's entry of summary judgment in favor of appellees Art Schrah and City of Lake Orion, and the jury verdict in favor of appellees Oakland County, Oak...

  • Robins Island Preservation Fund Inc v. Southold Development Corporation
    959 F2d 409
    This appeal stems from a property dispute encompassing events which took place over two centuries ago when the State of New York seized land belonging to individuals who refused to support the America...

  • United States v. Verner
    958 F2d 379
    MEMORANDUM Appellant, Eva Verner, pleaded guilty to one count of mail fraud and four counts of wire fraud. She was to serve concurrent 30-month sentences on three non-guidelines counts and concurre...

  • Joseph R Dileo v. Commissioner Of Internal Revenue
    959 F2d 16
    Joseph R. DiLeo, Mary A. DiLeo, Walter E. Mycek, Jr., Michele A. Mycek and Arcelo Reproduction Company, Inc. (the taxpayers) appeal from judgments of the United States Tax Court, Arthur L. Nims, C.J....

  • United States v. Stinson
    957 F2d 813
    This case is before us on a petition for rehearing. Appellant, Terry Lynn Stinson, argues that the Sentencing Commission's recent amendment to the commentary to U.S.S.G. § 4B1.2, which states t...

  • United States v. Suarez
    958 F2d 379
    MEMORANDUM Luis Suarez appeals his conviction and sentence for distributing and possessing with the intent to distribute approximately 100 kilograms of cocaine in violation of 21 U.S.C. § 841(a)...

  • United States v. Salazar Soto
    958 F2d 375
    Defendant William Salazar-Soto ("Soto") was convicted of possession of cocaine with intent to distribute pursuant to 21 U.S.C. § 841(a)(1) and sentenced to 225 months in prison. He appeals his ...

  • Knox v. State Of Wyoming
    959 F2d 866
    Petitioner-appellant appeals the denial of his habeas corpus petition, 28 U.S.C. § 2241, challenging the validity of a state detainer (Wyoming) filed against him at the federal penitentiary in Le...

  • Verner v. J Quinlan
    957 F2d 912
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented...

  • Neal v. United States
    958 F2d 374
    Meril G. Neal appeals the district court's dismissal of his motion filed pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his federally imposed sentence. Neal raises several claims...

  • United States v. Williams
    958 F2d 370
    In November 1990, twenty-three defendants were indicted on a single count of conspiracy to possess with intent to distribute cocaine and heroin. See 21 U.S.C. § 846. After a joint jury trial,...

  • Warren v. Stone G Burmeister
    958 F2d 1419
    Plaintiffs Marjane Warren and Mary Burmeister worked in the Cook County Public Defender's Office. When they were demoted or terminated because of alleged violations of office procedure they filed se...

  • United States v. Blackburn
    958 F2d 369
    Tarkey Renrick Blackburn appeals from the order of the district court denying his motion to dismiss the indictment against him, and from the sentence imposed following his conviction under 18 U.S.C. &...

  • United States v. Bland
    961 F2d 123
    Warren James Bland appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Bland also appeals the life sentence imposed on him under 18 U.S.C....

  • United States v. Malady
    960 F2d 57
    On September 26, 1989, burglars took three guns from Thomas Sutton's home in Piedmont, Missouri. Later, the Piedmont sheriff found the weapons in the possession of James Counts, a local tavern owner...

  • United States v. Hamby
    958 F2d 379
    MEMORANDUM Mark Hamby appeals the district court's denial of his motion for acquittal and his conviction, following a jury trial, for attempted bank extortion in violation of 18 U.S.C. § 2113(a)...

  • United States v. Scott
    958 F2d 369
    Alicia Urrunaga Scott appeals her conviction for conspiracy to possess with intent to distribute cocaine and "crack" cocaine in violation of 21 U.S.C.A. § 841(b)(1)(A) (West Supp.1991) and 21 U.S...

  • United States v. Carvajal Castillo
    958 F2d 369
    This appeal arises from the joint trial of Luis Carvajal-Castillo, Jesus Garcia, Alphonso Lewis, Arturo Brown, Yezica Vejarno, and Lovansa Roach for various offenses related to the distribution of cra...

  • United States v. Mattila
    958 F2d 379
    MEMORANDUM Erik Russell Mattila contends that his conviction rests on evidence obtained as a result of an unconstitutional search. We review de novo the denial of Mattila's motion to suppress that ...

  • United States v. Marin
    958 F2d 379
    MEMORANDUM Maria Marin (Marin) appeals her conviction following a jury trial for distribution and possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and her co...

  • United States v. Lopez
    958 F2d 379
    MEMORANDUM Guadalupe Lopez appeals his conviction on conspiracy and possession charges arising out of a search of his house in which evidence was found that was used against Lopez and three codefenda...

  • United States v. Macy
    958 F2d 379
    Before SCHROEDER, T.G. NELSON, Circuit Judges, and CALLISTER, District Judge. MEMORANDUM At the time of entry of his plea, Macy was represented by counsel. The colloquy between the district judge...

  • United States v. Hoyland
    960 F2d 94
    James Ralph Hoyland appeals the denial of the motion to vacate his sentence under 28 U.S.C. § 2255. We affirm. On October 14, 1986, Hoyland opened an account with the Bank of Newport in Newpo...

  • United States v. R Pasciuti
    958 F2d 361
    Appellant appeals from a detention order. He challenges the district court's delay in reviewing the magistrates's detention order, the use of hearsay evidence coupled with the court's refusal to sub...

  • Mozzochi v. S Borden J S J
    959 F2d 1174
    This case raises the question whether government officials enjoy qualified immunity for causing a criminal prosecution to be brought and maintained against an individual where the prosecution was supp...

  • Tubari Ltd Inc v. National Labor Relations Board
    959 F2d 451
    This case, before us on a petition for review and application for enforcement of a decision and order of the National Labor Relations Board, requires us to determine whether unlawfully-discharged, uns...

  • Buchanan v. R Duckworth
    958 F2d 374
    Arelious Buchanan sued prison officials in charge of his prison because they denied him the privilege of out-of-cell exercise time while he was segregated from the general prison population. Althoug...

  • United States v. M Cyrier
    958 F2d 374
    Appellant Todd Cyrier pleaded guilty to soliciting a kidnapping in violation of 18 U.S.C.A. § 1201(a)(1), and was sentenced under the Federal Sentencing Guidelines. Cyrier now appeals the distr...

  • Kraebel v. New York City Department Of Housing Preservation and Development
    959 F2d 395
    Plaintiff-appellant Barbara Kraebel, d/b/a Barklee Realty Company, appeals pro se from a judgment of the United States District Court for the Southern District of New York, Mary Johnson Lowe, Judge, d...

  • Evans v. Mokry
    958 F2d 374
    Plaintiff, Paul Evans, initiated this action in the Circuit Court of Cook County for arrest without probable cause and malicious prosecution, allegedly constituting violations of the Fourth and Fourte...

  • Kennedy v. K Delo
    959 F2d 112
    Joseph F. Kennedy appeals the district court's denial of his petition for a writ of habeas corpus. Kennedy asserts five grounds in arguing that his constitutional rights to due process and equal pro...

  • United States v. G Ball
    958 F2d 369
    Michael Ball appeals his conviction under 18 U.S.C. § 922(g)(1) for possession of a firearm by a convicted felon. Section 921(a)(20) of Title 18 excepts from the felonies encompassed in section...

  • United States v. Bohn
    959 F2d 389
    This appeal in a criminal case poses, in a novel context, the issue of what options are open to a defendant and a sentencing judge on remand when a sentence exceeds a sentence bargain that specified o...

  • United States v. Brown
    958 F2d 369
    In this case, the defendant appeals his convictions and sentence for two cocaine-related offenses. We find no merit in his contentions and affirm the convictions and sentence. * The charges at iss...

  • United States v. Mogel
    956 F2d 1555
    The Government appeals the sentence imposed upon Darlene Faye Mogel under the Sentencing Reform Act of 1984, 18 U.S.C. §§ 3551-3586 (1988), and the guidelines promulgated thereunder (Sentenc...

  • United States v. Larson
    958 F2d 379
    MEMORANDUM Dennis Andrew Larson appeals his sentence imposed after he plead guilty to forging the signature of a bankruptcy court clerk for the purpose of authenticating a fictitious court document, ...

  • United States v. Daniel
    957 F2d 162
    Charles and Patrick Daniel appeal their convictions for possession of goods stolen from an interstate shipment. Charles Daniel also appeals his conviction for structuring transactions to evade repor...

  • United States v. Thomas
    958 F2d 379
    MEMORANDUM The defendant was observed traveling at excessive speed in a car with no license plate; the officers did not violate the fourth amendment by making an investigatory stop. See United St...

  • United States v. Lara
    958 F2d 379
    MEMORANDUM Edmund John Lara, the appellant, was charged with four counts by a federal grand jury. Counts One and Two alleged the illegal manufacture of a pipe bomb and a sawed-off shotgun. Counts...

  • United States v. S Brown
    959 F2d 63
    Defendant, Ronald S. Brown, appeals his jury conviction and sentence imposed for carrying a firearm during the commission of a crime of violence for which he could be prosecuted in federal court, and ...

  • Dusenbury v. Stovall
    958 F2d 376
    MEMORANDUM Fellow officers Charles W. Clark and Jack O'Neil, and former officer William F. Stovall, appeal the district court's denial of their motion to dismiss, on the ground of qualified immunity,...

  • United States v. A Hartmann K
    958 F2d 774
    In the early evening of June 8, 1982, Werner Hartmann, the owner of a successful stereo sales business in Chicago's northern suburbs, was brutally murdered in his home in Northbrook, Illinois. The f...

  • United States v. Boling
    958 F2d 378
    The due process defense, while potentially broad, is in fact extremely limited. See United States v. Bagnariol, 665 F.2d 877, 881-83 (9th Cir.1981), cert. denied, 456 U.S. 962 (1982) (tracing the de...

  • United States v. Martinez Villa
    958 F2d 379
    MEMORANDUM This is an appeal from a guideline sentencing, on the ground that the judge incorrectly enhanced the defendant's sentence two levels for conduct of which he had been acquitted. We determ...

  • Sutton v. Cleveland Board Education A A
    958 F2d 1339
    Plaintiffs, Francine Sutton, Helen Ellis, and Gus Swanson, commenced this action pursuant to 42 U.S.C. § 1983, alleging deprivation of property without due process in violation of the Fourteenth ...

  • Lowe v. H Scott
    959 F2d 323
    Dr. Lynn C. Lowe ("Dr. Lowe") is an obstetrician-gynecologist licensed to practice medicine in Rhode Island who holds staff privileges at Women & Infants' Hospital ("WIH"), a private hospital loca...

  • United States v. Sierra Byrd
    958 F2d 379
    MEMORANDUM Franzuha Sierra-Byrd appeals his conviction and sentence under the Sentencing Guidelines, following a jury trial, for possession with intent to distribute 102 pounds of marijuana in violat...

  • Mustafaa v. Dutton
    958 F2d 372
    Before BATCHELDER, Circuit Judge; LIVELY, Senior Circuit Judge, and TAYLOR, District Judge. Abdullah Mustafaa is a pro se Tennessee prisoner who appeals a summary judgment for the defendants in a c...

  • Federal Labor Relations Authority v. Us Department Of Navy
    958 F2d 1490
    These seven consolidated cases present a single question of law: Are federal agencies required to release the home addresses of their employees to the unions which are the exclusive representatives o...

  • United States v. Salinas Cano
    959 F2d 861
    This case requires that we review the authority of a person other than the owner to consent to a search of a closed suitcase. Abel Gilberto Salinas-Cano entered a conditional plea of guilty to posse...

  • Russell v. Luckett
    958 F2d 372
    Plaintiff Dormas Russell appeals the orders setting aside the entry of default for plaintiff and directing a verdict for defendants Newton Luckett, a jailer, and John Roution, a deputy, in this civil ...

  • United States v. Kinsey
    958 F2d 379
    MEMORANDUM Samuel Kinsey appeals from his convictions following a jury trial for possessing cocaine base and cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and carryin...

  • Harris v. R Hatfield
    958 F2d 371
    Before BATCHELDER, Circuit Judge; LIVELY, Senior Circuit Judge, and TAYLOR, District Judge. Jesse Eugene Harris is a pro se Tennessee prisoner who appeals the dismissal of a habeas corpus petition ...

  • United States v. Villanueva Padilla
    958 F2d 379
    MEMORANDUM Alfonso Villanueva-Padilla appeals his jury conviction for conspiracy to possess with intent to distribute heroin, in violation of 21 U.S.C. § 846, and possession with intent to distr...

  • In Re George Van Wagner
    958 F2d 370
    George Van Wagner, a federal prisoner, brought this petition for writ of mandamus seeking review of several district court orders in an ongoing 28 U.S.C. § 2255 (1988) action. Specifically, he ...

  • United States v. Barajas
    958 F2d 378
    MEMORANDUM Ramon Barajas appeals from his sentence, following conviction on a guilty plea, for conspiracy to possess with intent to distribute heroin in violation of 21 U.S.C. §§ 841(a)(1) ...

  • United States v. T Cato
    958 F2d 372
    On March 21, 1991, defendant Otis T. Cato pled guilty to violating the Travel Act, 18 U.S.C. § 1952, and to money laundering, in violation of 18 U.S.C. § 1956(a)(1), in connection with illeg...

  • United States v. Germany
    958 F2d 379
    MEMORANDUM Frankie Lee Germany appeals from his conviction and sentence under 18 U.S.C. § 922(g)(1) for being a felon in possession of a weapon. Germany argues that the district court erred in...

  • Ario v. Gomez
    958 F2d 376
    MEMORANDUM Petitioner Cleveland Ario was convicted in state court of second degree murder. His conviction was affirmed on direct appeal. Ario then filed a habeas petition in district court allegi...

  • Abbott v. Cunningham
    959 F2d 1
    This is an appeal from the denial of a writ of habeas corpus sought by George Abbott who stands presently convicted of second-degree murder, an act which he conceded, but sought to avoid on the ground...

  • United States v. Stewart
    958 F2d 379
    MEMORANDUM Willie Stewart, Sr., appeals his conviction following a jury trial for conspiracy to commit bank fraud, in violation of 18 U.S.C. §§ 371, 1344, bank fraud, in violation of 18 U.S...

  • Dyer v. Ducharme
    958 F2d 376
    MEMORANDUM Richard J. Dyer, a Washington state prisoner, appeals pro se the denial without an evidentiary hearing of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction f...

  • United States v. Torres
    959 F2d 858
    Rogelio Gomez Torres and Florentino Soria were jointly charged in a two-count indictment as follows: (1) in count one the two were charged with unlawfully conspiring on or about July 31, 1990, to dis...

  • Robinson v. United States
    958 F2d 377
    MEMORANDUM Calvin L. Robinson appeals pro se the district court's order dismissing his action against the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-80. R...

  • Moppins v. Ylst
    958 F2d 377
    We affirm the denial of the petition for writ of habeas corpus. Moppins was convicted in California state court of (1) first degree murder while engaged in a robbery, (2) the robbery itself, and (3)...

  • Arthurs v. Us Immigration and Naturalization Service
    959 F2d 142
    Petitioner Arthurs was ordered deported based on his conviction in California Superior Court for the sale of cocaine. The Board of Immigration Appeals dismissed his appeal from the Immigration Judge...

  • Gomez v. United States
    958 F2d 377
    MEMORANDUM Jose Hernan Gomez, a federal prisoner, appeals pro se the district court's summary dismissal of his 28 U.S.C. § 2255 motion to vacate his sentence. Gomez pleaded guilty to possessio...

  • South v. Maass
    958 F2d 378
    MEMORANDUM Frank Lee South, Jr., an Oregon state prisoner, appeals pro se the denial without an evidentiary hearing of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction...

  • United States v. Acosta
    958 F2d 378
    MEMORANDUM Ronald Joe Acosta appeals his conviction for bank robbery, in violation of 18 U.S.C. § 2113(a). He contends that the district court's supplemental jury instructions improperly shift...

  • United States v. One Parcel Of Real Property Located At Idaho Falls Bonneville County Idaho
    958 F2d 379
    MEMORANDUM Linus W. Bowman, a federal prisoner, appeals pro se the district court's denial of Bowman's motion to set aside its summary judgment in favor of the United States in a civil forfeiture act...

  • United States v. Bingham
    958 F2d 378
    MEMORANDUM Alton Clark Bingham appeals his convictions before a jury on tax evasion and other charges relating to proceeds derived from a sale of land and the cashing of treasury checks. Bingham co...

  • United States v. Mendoza Lemus
    958 F2d 379
    MEMORANDUM Rafael Mendoza-Lemus appeals his jury conviction for conspiracy to distribute five or more kilograms of cocaine, in violation of 21 U.S.C. § 846, and distribution of cocaine in furthe...

  • United States v. Pavlovich
    958 F2d 379
    MEMORANDUM Stephen Paul Pavlovich, a federal prisoner, appeals pro se the district court's summary denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. He was c...

  • United States v. Shuler
    958 F2d 370
    Vaughn Shuler appeals his conviction for allowing an unleased dog to run loose within the Great Smoky Mountains National Park, in violation of 36 C.F.R. § 2.15(a)(2). We must decide whether a p...

  • Dugan v. W Sullivan Md
    957 F2d 1384
    James Dugan, a disabled Vietnam veteran, received Social Security disability benefits until he was incarcerated for a period of two years. After Dugan's release from incarceration, the Secretary of ...

  • No 92 4129
    957 F2d 807
    This is an expedited appeal from a judgment of civil contempt under the Recalcitrant Witness Statute, 28 U.S.C. § 1826. For the reasons which follow, we affirm. On November 12, 1991, a federa...

  • Garris v. Whalen
    958 F2d 367
    David Isaiah Garris appeals from the district court's order dismissing without prejudice his petition filed pursuant to 28 U.S.C. § 2241 (1988). Our review of the record and the district court'...

  • United States v. Castiglione
    958 F2d 378
    MEMORANDUM Donna Sue Castiglione appeals her jury conviction for making a false statement in relation to a bankruptcy proceeding in violation of 18 U.S.C. § 152. Castiglione contends that her ...

  • United States v. Bauer
    956 F2d 239
    After being apprehended for the armed robbery of the Florida Federal Savings Bank, appellant Richard Joseph Bauer pleaded guilty to armed bank robbery, a violation of 18 U.S.C. § 2113(d) (1988), ...

  • Favors v. Spurgeon
    958 F2d 376
    MEMORANDUM Bobby E. Favors, an Arizona state prisoner, appeals pro se the district court's summary judgment dismissal of his civil rights action alleging that Arizona Department of Corrections parole...

  • Castano v. Immigration and Naturalization Service
    956 F2d 236
    In this case we decide whether an alien may be denied admission to the United States under § 212(a)(23)(B) of the Immigration and Naturalization Act ("INA"), 8 U.S.C. § 1182(a)(23)(B), as on...

  • United States v. Yizar
    956 F2d 230
    In 1986, P. Martin Cook was one among several candidates for a seat on the Atlanta City Council. A fire set to his campaign headquarters brought a complete halt to his run for office. In 1988, Mar...

  • Lowery v. United States
    956 F2d 227
    This case arises on appeal following the district court's dismissal of Lowery's petition for a writ of error coram nobis. On July 13, 1979, James Edward Lowery (Lowery) pled guilty in the Middle Dis...

  • Bernard v. Crist
    958 F2d 376
    MEMORANDUM Gary William Bernard, an Arizona state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. We review de novo, Norris v. Risley, ...

  • Buffaloheart v. Maass
    958 F2d 376
    MEMORANDUM Edwin Buffaloheart, an Oregon state prisoner, appeals the district court's order dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We review de novo, Norr...

  • Faile v. Geary
    958 F2d 376
    MEMORANDUM Brian S. Faile, a Nevada state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action as barred by the statute of limitations. We review de novo, Do...

  • United States v. L Garrett
    959 F2d 1005
    Sammy L. Garrett was convicted on one count of possession of cocaine base with intent to distribute and one count of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 84...

  • Zvenia v. Owens
    958 F2d 380
    MEMORANDUM** Zvenia, a former federal prisoner, filed a habeas corpus petition contending that he was entitled to an extradition hearing before being transferred to the State of Nevada pursuant to an...

  • United States v. Yeroomian
    958 F2d 380
    MEMORAMDUM Defendant Grant Yeroomian ("Yeroomian") appeals his conviction for failing to report the transportation from the United States of more than $10,000, in violation of 31 U.S.C. § 5316(a...

  • Johnson v. United States
    958 F2d 377
    MEMORANDUM In these consolidated appeals, Martin Allen Johnson, a federal prisoner, appeals pro se the district court's denial of (1) his motion under Fed.R.Crim.P. 35(a) to vacate his special parole...

  • United States v. Good
    958 F2d 379
    Before POOLE, REINHARDT, and FERNANDEZ, Circuit Judges MEMORANDUM The United States appeals from the district court's sentence of 80 months under the Sentencing Guidelines imposed on Eric James Good...

  • United States v. Morse
    958 F2d 379
    Before FARRIS and RYMER, Circuit Judges, and KENYON, District Judge MEMORANDUM Terry Morse appeals his conviction on two counts of interstate transportation of stolen motor vehicles in violation of ...

  • United States v. Fontes Matas
    958 F2d 378
    Before FARRIS and RYMER, Circuit Judges, and KENYON, District Judge MEMORANDUM Julio Fontes-Matas appeals the sentence imposed following his plea of guilty to conspiracy to distribute less than 100 ...

  • Thomas v. Rison
    958 F2d 378
    MEMORANDUM Clifton D. Thomas, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2241 habeas corpus petition challenging the United States Parole Commission's d...

  • United States v. Davidson
    958 F2d 378
    MEMORANDUM The United States appeals from the district court's sentence of 90 months under the Sentencing Guidelines imposed on Franklin Davidson. We dismiss the government's appeal. The governme...

  • United States v. Duran
    957 F2d 499
    Karen Duran, wife of appellant Cesar Duran, could not figure out how to lace a pair of recently purchased leather "L.A. Gear" high-top tennis shoes, so she sought assistance at a Foot Locker store in ...

  • United States v. Britenbach
    958 F2d 378
    MEMORANDUM Steven Robert Britenbach, a former federal prisoner now on parole, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Britenbach, who ...

  • United States v. C Redd
    957 F2d 912
    This cause came on to be heard on the record on appeal from the United States District Court for the District of Columbia, and was briefed and argued by counsel. While the issues presented occasion ...

  • Smith v. United States
    958 F2d 378
    MEMORANDUM Constance C. Smith, a federal prisoner, appeals pro se the district court's denial of her 28 U.S.C. § 2255 motion to vacate her sentence. We review de novo, United States v. Angelo...

  • Morse v. Us Probation Dept
    958 F2d 377
    MEMORANDUM Andrew Chester Morse, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Morse, who was convicted of distribution o...

  • Langley v. Gibbeson
    958 F2d 377
    MEMORANDUM William A. Langley, an Idaho state prisoner, appeals pro se the district court's summary judgment in favor of the defendant in Langley's 42 U.S.C. § 1983 action. We review de novo, ...

  • United States v. Gipson
    958 F2d 379
    MEMORANDUM Robert Lee Gipson appeals the district court's revocation of his supervised release for violating the conditions of his release by possessing a firearm and failing to provide his probation...

  • Henderson v. Bunnell
    958 F2d 377
    MEMORANDUM Robert R. Henderson, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. We review de novo, Norris v. Risley, 87...

  • Hegge v. Spokane County Jail
    958 F2d 377
    MEMORANDUM In this consolidated appeal, Alvin Hegge appeals pro se (1) the district court's order closing the file in his civil rights action, subject to reopening upon a showing of good cause (Appea...

  • Sheley v. K Singletary
    955 F2d 1434
    In this case the federal district court denied a petition for habeas corpus filed by a Florida state prisoner. The petition of Robert P. Sheley alleges his mental incapacity to enter a voluntary gui...

  • United States v. C Woodrum
    959 F2d 100
    Leonard C. Woodrum, Jr., appeals his prison sentence of twenty-seven months imposed by the district court after he pleaded guilty to a drug offense. We dismiss the appeal. Woodrum pleaded guilty t...

  • United States v. Seals
    958 F2d 369
    James D. Seals appeals from his sentence imposed by the district court for theft of government owned merchandise. We find that the district court did not err in increasing Seals' sentence because Se...

  • Jones v. A Bright
    958 F2d 367
    Thomas Earl Jones appeals from the district court's order dismissing his request to file an action challenging parole denial and lack of access to parole records. Jones is under a prefiling injuncti...

  • Covill v. United States
    959 F2d 58
    The plaintiff, Dennis P. Covill (Covill), timely appealed the district court's judgment in favor of defendant United States Coast Guard (Coast Guard) denying him declaratory relief to restore him to t...

  • United States v. O Jordan
    958 F2d 1085
    Carl O. Jordan appeals his conviction for possession of cocaine with intent to distribute, and possession of marijuana, on the ground that the district court erroneously failed to suppress evidence ob...

  • United States v. C Jameson
    958 F2d 369
    Joyce C. Jameson appeals from the district court's order denying relief on her motion for reduction of sentence. We affirm. Jameson was convicted by a jury of perjury, 18 U.S.C. § 1623 (1988)...

  • United States v. L Green
    958 F2d 372
    Before RALPH B. GUY, JR., and RYAN, Circuit Judges, and JOINER, Senior District Judge. James L. Green, a federal prisoner, appeals the district court's denial of his motion to suppress evidence obta...

  • Sparks v. H Wells
    958 F2d 372
    Before BATCHELDER, Circuit Judge, LIVELY, Senior Circuit Judge, and ANNA DIGGS TAYLOR, District Judge. Roger Ray Sparks appeals the district court's order dismissing his petition for a writ of habea...

  • Closs v. Leapley W
    959 F2d 99
    Randy Lee Closs, a South Dakota inmate, appeals the district court's summary denial of his habeas petition. In his pro se petition, Closs asserted the evidence was insufficient to support one of his...

  • Bourcier v. City Of Manistee
    958 F2d 371
    This case arises from the July 17, 1987 death of Mark Bulley, who drowned in Lake Michigan while swimming at a beach located in the City of Manistee. Following the drowning, plaintiffs Pauline Bourc...

  • United States v. J Perez
    959 F2d 164
    Oscar Perez was convicted after a jury trial of conspiring to distribute five or more kilos of cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) (1988), and of possessing more than 500 gr...

  • United States v. K Hines Iii
    955 F2d 1449
    Defendants-appellants Luke K. Hines and Fred Crenshaw III appeal their December 4, 1990 convictions in the Southern District of Georgia on one count each of aggravated sexual assault, 18 U.S.C. §...

  • Wilson v. United States
    959 F2d 12
    Plaintiff-appellant Lawrence Wilson appeals from a summary judgment entered in the United States District Court for the Southern District of New York (Sprizzo, J.) dismissing his claim under the Feder...

  • Walker v. Young
    958 F2d 381
    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...

  • Boniface v. Smith
    958 F2d 376
    MEMORANDUM Lewis L. Boniface, a federal prisoner, appeals pro se the district court's dismissal pursuant to 28 U.S.C. § 1915(d) of his civil rights action against various employees of the United...

  • United States v. Hitchcock
    958 F2d 379
    MEMORANDUM Michael Christakis, Tito Le Franc, Greg Hewitt, and Lyle Hitchcock all entered conditional guilty pleas to an indictment alleging conspiracy to distribute cocaine in violation of 21 U.S.C....

  • United States v. Miller
    958 F2d 379
    MEMORANDUM After a lengthy jury trial in federal court in April of 1987, Mildred Miller was convicted of many crimes, including conspiracy, mail fraud, making false statements, and obstruction of jus...

  • United States v. Abbott
    958 F2d 369
    In these consolidated appeals, Appellants Isaac George Abbott and David Lloyd Wingo appeal their convictions for drug-related offenses. Abbott was convicted, among other things, of conspiracy to pos...

  • United States v. Pryor M
    960 F2d 1
    As a result of an amended brief, a supplemental brief, and a reply brief, defendant Arthur Cary Pryor, through counsel and individually, has presented some eleven points on appeal, including the defen...

  • Rogers v. Whitley
    958 F2d 378
    MEMORANDUM After the heating system in the Nevada State Prison broke down for four weeks in the winter of 1988-89, Raymond Mason Holling and William McKinney brought a 42 U.S.C. § 1983 action, a...

  • United States v. Figueroa Vasquez
    958 F2d 378
    MEMORANDUM Leobardo Figueroa-Vasquez (Figueroa) and codefendant Juan Carlos Villicana-Pena (Villicana) appeal their sentences for distributing and conspiring to distribute heroin. We affirm Figuero...

  • International v. Pepsi Cola
    958 F2d 1331
    The International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local 1199 appeals the district court's decision to grant summary judgment to defendant, Pepsi-Cola Gener...

  • In Re Heriberto Medrano
    956 F2d 101
    Heriberto Medrano, an attorney at law, appeals an order disbarring him from practice in the federal district court for the Western District of Texas. Finding that the district court applied the wron...

  • United States v. L Glas
    957 F2d 497
    David Glas pleaded guilty to a one count information charging him with theft of mail in violation of 18 U.S.C. § 1708. The plea agreement recommended his imprisonment at 21 to 27 months in acco...

  • United States v. Calle Betancourt
    958 F2d 369
    Gustavo Calle-Betancourt, a citizen of Columbia who resided illegally in the United States for approximately one and one-half years prior to the incident here in question, appeals from the district co...

  • Primas v. City Of Oklahoma City M M Primas
    958 F2d 1506
    These are appeals and a cross appeal of various Orders granting and denying summary judgment and awarding sanctions against Plaintiffs as to one Defendant in this action alleging civil rights violatio...

  • United States v. M Drobny
    955 F2d 990
    Irving Drobny, who was convicted of securities fraud, brings this collateral attack on his conviction. He says that the district court which convicted him lacked jurisdiction because any misrepresen...

  • United States v. F Goodapple
    958 F2d 1402
    Michael F. Goodapple appeals his convictions on one count of conspiracy to transfer machine guns in violation of 18 U.S.C. § 371, four counts of transfer of an unregistered machine gun in violati...

  • Huston v. Dowd
    960 F2d 718
    Danny Baylis Huston appeals from the district court's order denying his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. We affirm. Huston, while a Missouri state prison...

  • United States v. O Edgcomb
    958 F2d 374
    Elected by the people to serve as Treasurer of Macon County, Illinois, James Edgcomb rewarded the electorate by siphoning funds ex cathedra from the public purse. When caught, Edgcomb pleaded guilty...

  • Long v. United States C
    958 F2d 367
    Taking the position that a federal tax lien filed against F. Harold McElmurray in July 1989 attached to property titled to American Heartland Farms, which purportedly was a business partnership of Jan...

  • United States v. Smith
    958 F2d 379
    MEMORANDUM William George Smith (Smith) appeals his conviction under 21 U.S.C. § 841(a)(1) for possession of cocaine with intent to distribute. We affirm. On November 10, 1988, Smith and his...

  • Sembawang Shipyard Ltd v. Charger Inc Mv Charger
    955 F2d 983
    Sitting in admiralty, we face a number of questions involving maritime jurisdiction, both in personam and in rem, as well as issues of international law and arbitration. We hold that the parties con...

  • United States v. H Finch L
    957 F2d 912
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented...

  • United States v. B McCaslin
    959 F2d 786
    Duane B. McCaslin appeals an order of the district court denying his motion to dismiss the indictment against him on the grounds of double jeopardy. We affirm the denial of his motion to dismiss and...

  • United States v. J McDonough
    959 F2d 1137
    On February 28, 1990, appellant, Peter J. McDonough ("McDonough"), was charged on a four count indictment stemming from allegations that he accepted payments from a bookmaker while serving as a police...

  • United States v. Cross
    956 F2d 1164
    Defendant-appellant Calvin Lee Cross appeals his conviction on six charges of bank robbery and aiding and abetting to which he entered a conditional plea of guilty. Cross contends that the district ...

  • Glass v. Higgins
    959 F2d 88
    Alfred A. Speer, II, St. Louis, Mo., for appellant. Rudolph R. Rhodes, IV, Jefferson City, Mo., for appellee. Before WOLLMAN and MAGILL, Circuit Judges, and WOODS, District Judge. HENRY WOODS, D...

  • United States v. O Castrellon
    956 F2d 1165
    The district court sentenced Humberto Castrellon to two concurrent thirty-year sentences for three federal offenses. We vacate his sentences because the district court never allowed him to object to...

  • United States v. Banister
    956 F2d 1168
    MEMORANDUM We review de novo a district court's denial of a motion to suppress. United States v. Thomas, 863 F.2d 622, 625 (9th Cir.1988). Payton v. New York, 445 U.S. 573 (1980), established tha...

  • United States v. Chan Chun Yin
    958 F2d 440
    Appellant Chan Chun-Yin was convicted after a jury trial of selling more than one kilogram of heroin in Hong Kong with the knowledge that it would be imported into the United States. Chan challenges...

  • United States v. Fisher
    956 F2d 1168
    MEMORANDUM Fisher contends that his indictment should have been dismissed because the government failed to comply with Fed.R.Crim.P. 40(a). The government responds that Rule 40(a) does not apply to...

  • United States v. Norgaard
    959 F2d 136
    Gary Duane Norgaard appeals the imposition of a sentence following the revocation of his probation, contending that the sentence violates a plea agreement with the United States. We agree with his c...

  • Diggs v. D Richards
    956 F2d 1165
    Petitioner Eugene Diggs appeals the district court's order denying his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We affirm. Joyce Howell, while in custody of the M...

  • Williams v. R Chrans
    957 F2d 487
    Robert Agostinelli (argued), Office of the State Appellate Defender, Ottawa, Ill., for petitioner-appellant. Bradley P. Halloran (argued), Office of the Atty. Gen., Chicago, Ill., for respondents-ap...

  • United States v. Guzman Colores
    959 F2d 132
    This appeal requires us to decide whether a prior state conviction for which the time to appeal has expired, but which is the subject of collateral review, is final for purposes of federal sentencing ...

  • United States v. Rea
    958 F2d 1206
    Defendants William Rea, Getty Terminals Corp. ("Getty"), and John Pabone appeal from judgments entered in the United States District Court for the Eastern District of New York, following a jury trial...

  • United States v. Legrand
    958 F2d 369
    Kenneth Orlando LeGrand was convicted by a jury of conspiracy to possess and distribute crack cocaine, and to employ minors to possess with intent to distribute crack cocaine (21 U.S.C. § 846 (19...

  • United States v. Harry
    960 F2d 51
    Earl Harry appeals from the sentence imposed on him by the district court after pleading guilty to two counts of drug-related charges. We affirm.I. Earl Harry (Harry) was involved in a drug distri...

  • United States v. Puckett
    958 F2d 369
    Danny Lee Puckett appeals from his conviction for conspiracy to distribute cocaine, 21 U.S.C. § 846 (1988). He contends that his conviction should be reversed because he received ineffective as...

  • United States v. Vasto
    958 F2d 370
    Juan Antonio Vasto was convicted by a jury of conspiracy to possess with intent to distribute cocaine and crack cocaine and to distribute crack cocaine (21 U.S.C. § 846 (1988)). He appeals his ...

  • United States v. C Baltrunas
    957 F2d 491
    A jury convicted Henry Baltrunas of one count of bank robbery in violation of 18 U.S.C. § 2113(a) and (d) and one count of using and carrying a firearm during and in relation to the commission of...

  • United States v. Free
    958 F2d 369
    Phillip Ray Free, Jr., pled guilty to conspiracy to possess crack cocaine with intent to distribute (21 U.S.C. § 846 (1988)). In this appeal, he challenges the sentence imposed, alleging that t...

  • United States v. Brunette
    958 F2d 369
    Omar Alexis Brunette pled guilty to conspiracy to possess with intent to distribute cocaine base and to distribute cocaine base (21 U.S.C. § 846 (1988)) and appeals the sentence he received. Hi...

  • United States v. N Branham
    958 F2d 369
    Larry N. Branham pled guilty to conspiracy (18 U.S.C. § 371 (1988)) in an offense involving bank fraud, false statements in a loan application, and money laundering. He appeals the sentence he ...

  • United States v. Callender
    958 F2d 369
    Angela Callender was convicted by a jury of distribution of crack cocaine (21 U.S.C.A. § 841 (West 1981 & Supp.1991), 18 U.S.C. § 2 (1988)). She appeals her conviction on the ground th...

  • Robison v. Maynard Robison
    958 F2d 1013
    Olan Randle Robison is scheduled to be executed by lethal injection on March 13, 1992. He appeals the dismissal of his second and third federal habeas corpus petitions and the denial of his request ...

  • United States v. Robichaud
    956 F2d 1169
    MEMORANDUM Robichaud raises two issues; Black four. A. Robichaud pled guilty to possession with intent to distribute 448 grams of at least 29% pure methamphetamine, which converts to over 100 gram...

  • Hunter v. Aispuro
    958 F2d 955
    Meredith J. Watts, San Francisco, Cal., for petitioner-appellant. Christopher J. Wei, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee. Appeal from the United States District Court ...

  • United States v. Harrison
    958 F2d 369
    In granting Appellant's motion for rehearing of our decision in United States v. Harrison, No. 91-7595 (4th Cir. Aug. 20, 1991) (unpublished), this Court remanded the case to the district court to de...

  • Nos 91 1681 91 1682
    960 F2d 200
    We present the pertinent facts as reflected in the nisi prius roll, mindful of the case's posture. See Garside v. Osco Drug, Inc., 895 F.2d 46, 48 (1st Cir.1990) (elucidating summary judgment standa...

  • Lucas v. United States
    963 F2d 8
    Appellant Robert Lebern Lucas, Jr. appeals from a judgment of the United States District Court for the Northern District of New York, Con. G. Cholakis, Judge, denying his motion pursuant to 28 U.S.C....

  • United States v. Cruz
    958 F2d 369
    This appeal encompasses multiple issues raised by three criminal defendants, each convicted for their participation in a drug importation and distribution operation. For the reasons explained in thi...

  • United States v. N Lewchuk
    958 F2d 246
    Randall N. Lewchuk appeals his sentence of two years and nine months imposed by the District Court after he pleaded guilty to distribution of cocaine, in violation of 21 U.S.C. § 841(a)(1). The...

  • Frohmader v. D Wayne
    958 F2d 1024
    Plaintiff Donald Frohmader brought this action against Defendant Deputy D. Wayne alleging federal claims under 42 U.S.C. § 1983 for excessive force and inadequate medical attention and pendent st...

  • United States v. L Bishop
    957 F2d 912
    This case was considered on the record from the District Court and on the briefs and oral argument of counsel. The Court has determined that the issues presented occasion no need for a published opi...

  • United States v. Jackson
    959 F2d 81
    Max D. Goracke, Kansas City, Mo., argued, for appellant. E. Eugene Harrison, Kansas City, Mo., argued (Jean Paul Bradshaw, II, Springfield, Mo., on brief), for appellee. Before FAGG and WOLLMAN, C...

  • Brooks v. Hilton Casinos Incorporated L Brooks
    959 F2d 757
    Plaintiffs, 37 dealers at Hilton's Las Vegas casino, were terminated as they came off their shifts on September 2 and 3, 1983. They sued and obtained jury verdicts on several state and federal law c...

  • United States v. Pryor
    957 F2d 478
    Chester Pryor appeals his sentences for violation of probation, credit card fraud in violation of 18 U.S.C. § 1014 and taking with the intent to steal money of a federally insured bank in violati...

  • United States v. A Siddiqi
    959 F2d 1167
    Ludwig Wittgenstein wrote that "Philosophy is a battle against the bewitchment of our intelligence by means of language." Philosophical Investigations 47 (1953). Dr. Naveed A. Siddiqi apparently f...

  • United States v. Preciado Hernandez
    956 F2d 1168
    MEMORANDUM Miguel Angel Preciado-Hernandez appeals his conviction and sentence for unlawful re-entry into the United States after deportation, in violation of 8 U.S.C. § 1326. We affirm. Mig...

  • United States v. Ward
    958 F2d 370
    Ricky Ricardo Ward pled guilty to one count of distributing crack cocaine (21 U.S.C.A. § 841 (West 1981 & Supp.1991)) after being charged in a nine-count indictment with as many distributions...

  • United States v. Applin
    956 F2d 1164
    Codefendants Leroy Applin and Ralph Bernard Bruno appeal from their convictions for possession with intent to distribute crack cocaine. See 21 U.S.C. § 841(a)(1). Bruno and Applin contend tha...

  • United States v. Baptiste
    957 F2d 912
    This appeal was considered on the record from the district court (Gesell, J.) and on the briefs and oral arguments of counsel. Appropriate disposition of this case does not require a published opini...

  • Mason v. Wathen Et Al
    956 F2d 1164
    Robert L. Mason, a pro se Kentucky prisoner, appeals the district court's order and judgment dismissing his civil rights action brought pursuant to 42 U.S.C. § 1983. Seeking monetary, declarato...

  • United States v. Gordon
    958 F2d 369
    Calvin Gordon seeks to appeal the judgment and sentence imposed by the district court following his plea of guilty to charges of bank robbery and conspiracy, 18 U.S.C. § 371 (1988); 18 U.S.C.A. ...

  • Bullfrog Films Inc v. Z Wick
    959 F2d 782
    Appellant Bullfrog Films, Inc. ("Bullfrog") appeals from the district court's order denying an award of attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. The di...

  • United States v. Martiarena
    955 F2d 363
    The jury found Monica Martiarena guilty of aiding and abetting the willful failure to file a currency transaction report (CTR), in violation of 31 U.S.C. § 5313 and 18 U.S.C. § 2. The dist...

  • United States v. Dortch
    956 F2d 1168
    MEMORANDUM Prince Dortch appeals his sentence under the United States Sentencing Guidelines and his jury conviction for possession with intent to distribute in excess of five grams of a mixture and s...

  • Davis v. State Of Nebraska
    958 F2d 831
    Ollie J. Davis appeals the order of the district court denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254(a). Because we find that Davis could not have foreseen the s...

  • United States v. W Morgan
    958 F2d 847
    Richard W. Morgan appeals the district court's denial of his motion to withdraw his guilty plea made in connection with a seven-count information charging him with various drug-related offenses. Gra...

  • United States v. Buhrmaster
    956 F2d 1168
    MEMORANDUM David Buhrmaster appeals from a judgment of conviction for possession with intent to distribute cocaine. 21 U.S.C. § 841(a)(1) (1988). He argues that the district court erred in de...

  • Fuller v. Florida Parole Commission
    958 F2d 1083
    Appeal From: S.D.Fla. AFFIRMED. ...

  • Mazarella v. Cox Us
    956 F2d 1162
    Andrew Mazarella appeals from the order of the district court adopting the recommendation of the magistrate judge and denying relief on Mazarella's petition under 28 U.S.C. § 2241 (1988). We af...

  • Gardner v. E Bisceglia
    956 F2d 1164
    Roger and Barbara Gardner appeal the district court's dismissal of their suit. They claim that the defendants conspired to have them falsely arrested and imprisoned, and maliciously prosecuted them ...

  • United States v. Lofton
    957 F2d 476
    Ronald Lofton, Sr. was charged by indictment with conspiracy in violation of 21 U.S.C. § 846, possession with the intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and 18 U....

  • United States v. Townsend
    956 F2d 1169
    MEMORANDUM Appellants, Glenn William Townsend and Randolph Harry Bucknell, appeal their convictions, following conditional guilty pleas, for importation of hashish in violation of 21 U.S.C. §&#x...

  • Story v. D Richards
    958 F2d 374
    A jury convicted Larry Story of rape and confinement, and a judge sentenced him to concurrent ten-year prison terms. After exhausting all available state remedies, Story filed a petition for writ of...

  • Dehaven v. G Borg
    956 F2d 1166
    MEMORANDUM Leroy R. Dehaven, a state prisoner, appeals from the dismissal of his second petition for federal habeas corpus relief pursuant to 28 U.S.C. § 2254. The district court denied the pe...

  • United States v. Anderson
    958 F2d 381
    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. Herring
    955 F2d 703
    After reviewing this criminal case in which the issues were hotly contested, we affirm the convictions and the sentences because the district court did not err in its rulings, and the prosecutor's act...

  • Perez v. Irwin
    963 F2d 499
    Frank Irvin, Superintendent of the Wende Correctional Facility, appeals from an order of the United States District Court for the Eastern District of New York (Weinstein, J.) granting Albert Perez's p...

  • United States v. Torcasio
    959 F2d 503
    Anthony Torcasio was indicted for paying $17,000 to a West Virginia state senator for the purpose of influencing the passage of a statute that would legalize gambling in the state. After a four-day ...

  • United States v. Tucker
    956 F2d 1163
    Larry A. Tucker appeals his convictions under 18 U.S.C. §§ 1503, 1623 (1988), contending that the district court erred in admitting the grand jury testimony of a deceased witness at Tucker's...

  • Williams v. City Of San Jose
    956 F2d 1169
    MEMORANDUM Joyce Ann Williams, on her own behalf and on behalf of her minor children, (appellant) brought this civil rights action against the City of San Jose (City) after her husband was slain by a...

  • United States v. Reyes Perez
    956 F2d 1169
    MEMORANDUM Appellant Pablo Reyes-Perez, while an inmate at Lompoc Penitentiary, stabbed and killed a fellow inmate. Appellant was charged with first degree murder under 18 U.S.C. § 1111, but w...

  • United States v. G Hendricks
    956 F2d 1164
    Defendant-appellant George Garland Hendricks appeals from the sentence he received following his guilty plea to a one-count indictment charging distribution of cocaine in violation of 21 U.S.C. §...

  • United States v. T Senibaldi
    959 F2d 1131
    Charles A. Clifford, Charlestown, Mass., with whom Ann K. Lambert, Cambridge, Mass., was on brief, for defendant-appellant. Douglas Cannon, Asst. U.S. Atty., with whom Jeffrey R. Howard, U.S. Atty.,...

  • United States v. Harvey
    959 F2d 1371
    George Harvey called himself a "loan broker." Several potential borrowers paid Harvey substantial sums "up front" supposedly to enable him to line up loans from off-shore lenders. Although Harvey ...

  • United States v. Mason
    956 F2d 1163
    James Mason appeals from his sentences for conspiracy to possess with intent to distribute cocaine base and to distribute cocaine base after a jury found him guilty of those offenses. Because we fin...

  • United States v. Gillespie
    956 F2d 1168
    MEMORANDUM Ian Wayne Gillespie appeals the district court's denial of his motion to suppress evidence obtained pursuant to a search conducted at the Los Angeles International Airport (LAX) on January...

  • United States v. Shephard
    956 F2d 1164
    Defendant-appellant, Jay Aaron Shephard (appellant) appealed from a decision of the district court denying his motion for leave to withdraw his guilty plea and a judgment sentencing him to a term of i...

  • United States v. Howard
    956 F2d 1165
    A jury convicted Jerome Howard of knowingly conspiring to possess with intent to distribute cocaine. 21 U.S.C. § 841(a)(1) and § 846. On appeal, Howard's appointed attorney, who represent...

  • Mattox v. United States District Court District Of Nevada
    956 F2d 1167
    Before CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges, and BURNS, District Judge. MEMORANDUM Appellant Judith Ward Mattox appeals the order of the United States District Court for the District of...

  • Paginton v. Maass
    956 F2d 1167
    MEMORANDUM Trevor Paginton, an Oregon state prisoner, appeals the district court's denial of his habeas petition challenging his conviction by a plea of no contest for attempted murder. We have jur...

  • United States v. Johnson
    956 F2d 1168
    Before EUGENE A. WRIGHT and ALARCON, Circuit Judges, and DAVIES, District Judge. MEMORANDUM Johnson was convicted of several counts of bank robbery at two separate trials. Before sentencing, both...

  • United States v. Herrera
    956 F2d 1168
    MEMORANDUM The district court is affirmed for the following reasons: (1) Basing the sentence on both Herrera's uncharged cocaine sales and the heroin sale for which he was convicted was proper. U....

  • Snow v. Riveland
    952 F2d 407
    MEMORANDUM This civil rights action brought under 42 U.S.C. § 1983 by two inmates at the Washington State Penitentiary alleged Eighth Amendment violations in the conditions of confinement. The...

  • United States v. Brown
    956 F2d 1165
    Paulette Brown's apartment was searched pursuant to a warrant on December 19, 1989. When the police officers entered Brown's apartment, they saw her standing next to the kitchen counter. She was w...

  • Pearson v. City Of Grand Blanc J
    961 F2d 1211
    Steven P. Iamarino, Grand Blanc, Mich. (argued and briefed), for plaintiff-appellant. Michael S. Bogren (argued and briefed), Plunkett & Cooney, Kalamazoo, Mich., for defendant-appellee. Befo...

  • Willis v. L Cohn
    956 F2d 1165
    In cases in which the Long and Harris presumption applies, federal courts will conclude that the relevant state court judgment does not rest on an independent and adequate state ground. The presumpt...

  • United States v. Branch
    956 F2d 1164
    Defendant-appellant, Ulysses Simpson Branch, a.k.a. "Mick" (Branch), appealed the district court judgment convicting him of one count of a felon in possession of a firearm, 18 U.S.C. § 922(g), an...

  • Sanchez Berridi v. Moncur
    956 F2d 1167
    MEMORANDUM In this consolidated appeal, Edmundo Sanchez-Berridi (Sanchez) challenges the district court's dismissal of his third action, arising out of the termination of his employment. Sanchez al...

  • United States v. Hurlic
    956 F2d 1168
    MEMORANDUM The district court's denial of the motions to suppress is affirmed for the following reasons: (1) Hurlic was lawfully arrested. The officers who initially detained Hurlic were not requi...

  • Sullivan v. Al Lockhart
    958 F2d 823
    Tommy Ray Sullivan appeals the judgment of the district court denying his petition for writ of habeas corpus brought under 28 U.S.C. § 2254 (1988). Sullivan was convicted of capital murder and ...

  • Joehar v. Immigration and Naturalization Service
    957 F2d 887
    The Immigration and Naturalization Service ordered the petitioner Nasredin Joehar deported and later denied his motion to reopen the deportation proceeding against him. While Joehar's petition for r...

  • United States v. Hardesty
    958 F2d 910
    While serving a ten-year state prison term, defendant-appellant Hardesty was convicted in federal district court in 1984 of possessing a sawed-off shotgun in violation of 26 U.S.C. §§ 5861(d...

  • Workman v. Tate
    958 F2d 164
    Appellant Daniel Workman appeals from one of two orders entered May 9, 1991 in the Northern District of Ohio, Alvin I. Krenzler, District Judge, i.e. the order denying his motion to be released pendin...

  • United States v. L Jones
    958 F2d 520
    Debra Jones appeals from her conviction by a jury before Magistrate Judge Jordan for failure to file federal income tax returns for calendar years 1984 through 1986, in violation of 26 U.S.C. § 7...

  • United States v. Mitchell
    957 F2d 465
    Edward George Mitchell, a United States citizen who was extradited from Colombia, was convicted after a jury trial of arranging for the delivery of two kilograms of cocaine to undercover agents in Wis...

  • United States v. E Langer
    958 F2d 522
    Appellant Langer appeals from a judgment entered May 13, 1991, in the Southern District of New York, Vincent L. Broderick, District Judge, upon a jury verdict convicting appellant of violating female ...

  • United States v. Lopez
    956 F2d 1168
    MEMORANDUM Ernesto Lopez appeals his conviction on five counts of violating federal narcotics and firearms laws. We have jurisdiction over his appeal pursuant to 28 U.S.C. § 1291 (1988). We ...

  • Parson v. Rison
    956 F2d 1167
    MEMORANDUM In his second habeas petition, Parson brought the following claims: (1) that the Parole Commission acted outside its statutory authority in convicting him for an uncharged offense; (2) t...

  • Secretary Of Labor Us Department Of Labor v. Burger King Corporation
    955 F2d 681
    Plaintiff-Appellant Secretary of Labor, United States Department of Labor ("Secretary" or "DOL") appeals from a district court order dismissing as moot her suit seeking a permanent injunction restrain...

  • United States v. Thomas
    956 F2d 1163
    Marlon Thomas appeals from a district court order adopting the recommendation of the magistrate judge to deny Thomas's Motion to Suppress Evidence used to support Thomas's conviction for possession of...

  • United States v. Perchitti
    955 F2d 674
    The United States indicted James Walter Jones ("Jones"), Gerald Lamar White ("White"), Margaret Marie Reynolds ("Reynolds"), and Louis Perchitti, Jr. ("Perchitti") (collectively, the "defendants") on...

  • Ramirez Mora v. Us Immigration and Naturalization Service
    956 F2d 1167
    MEMORANDUM A. A person is deportable who "... has been convicted of a violation of ... any law or regulation of a State ... relating to a controlled substance (as defined in section 102 of the Contro...

  • United States v. Jackson
    956 F2d 1163
    Appellant Sheldon Jackson challenges on numerous grounds his conviction and sentence for various drug offenses. Finding no merit in any of his claims, we affirm. On September 20, 1990, a grand jur...

  • United States v. Widener
    956 F2d 1163
    Freddie Douglas Widener appeals his convictions and sentences resulting from his robbery of a federal credit union. Through counsel, Widener claims that the district court erred by admitting testimo...

  • United States v. Cervante
    958 F2d 175
    On January 10, 1991, a jury convicted Agustin Cervante of knowingly and intentionally attempting to possess with intent to distribute approximately three kilograms of cocaine in violation of 21 U.S.C....

  • United States v. Montana
    958 F2d 516
    This appeal primarily presents issues concerning the invocation and waiver of an arrested suspect's right not to answer questions asked by law enforcement officers. The issues arise on an appeal by ...

  • United States v. Ramirez
    956 F2d 1169
    MEMORANDUM Gilbert Ramirez pleaded guilty to conspiracy to possess and distribute cocaine in violation of 21 U.S.C. § 846 and 841(a)(1). Ramirez was convicted and sentenced to 121 months in ja...

  • United States v. Simpson
    956 F2d 1169
    MEMORANDUM Appellant David Simpson pleaded guilty to one count of bank robbery in violation of 18 U.S.C. § 2113(a). He was sentenced to 168 months of imprisonment. He appeals his sentence, a...

  • United States v. Westwood
    956 F2d 1169
    MEMORANDUM Kevin Westwood appeals his conviction on one count of attempting to possess with intent to distribute in excess of 500 grams of cocaine in violation of 21 U.S.C. §§ 841(b)(1)(B) ...

  • United States v. Rothschild
    956 F2d 1163
    Maur Jeffrey Loche Rothschild appeals his convictions for four violations of 18 U.S.C.A. § 1014 (West Supp.1991). Rothschild argues on appeal that counsel was ineffective for failing to renew a...

  • United States v. George
    956 F2d 1163
    Peter George, Jr., and Eric Lewis Brandon each pled guilty to conspiracy (21 U.S.C. § 846 (1988)), investing income derived from a drug conspiracy (21 U.S.C. § 854 (1988)), money laundering ...

  • United States v. Farmer
    956 F2d 1168
    MEMORANDUM Appellant Brian Farmer plead guilty to one count of conspiracy to manufacture methamphetamine, one count of manufacturing methamphetamine, and one count of maintaining a place for the manu...

  • Arab African International Bank v. I Epstein S and Pc L L Kendis
    958 F2d 532
    In this legal malpractice action, the district court granted summary judgment for defendants on the ground of collateral estoppel. We will reverse. This case arises out of a mortgage loan from Appe...

  • Stringer v. Black
    503 US 222
    The death sentence of the petitioner in this case was decreed by a judgment that became final before we decided either Maynard v. Cartwright, 486 U.S. 356, 108 S.Ct. 1853, 100 L.Ed.2d 372 (1988), or C...

  • Ferguson v. Federal Bureau Of Investigation
    957 F2d 1059
    Defendant-appellant Federal Bureau of Investigation ("FBI") appeals from an order of the United States District Court for the Southern District of New York, Robert P. Patterson, Jr., Judge, directing ...

  • Cj Antrican v. Grand Exhaust Systems Inc
    956 F2d 268
    Defendants Grand Exhaust Systems, Inc., and Armada Corporation appeal from a judgment rendered by the district court after a bench trial in this diversity contract action. Plaintiffs C. Joe Antrican...

  • In The Matter Of Cldc Management Corporation
    956 F2d 272
    Clarence and Irene Geschke, appearing pro se, appeal the district court's grant of summary judgment to LaSalle National Bancorp, Inc., dismissing Bancorp as a party to this action. Bancorp was the pa...

  • Bills v. W Aseltine
    958 F2d 697
    Plaintiff Lorraine I. Bills appeals from the district court's grant of summary judgment in favor of defendant police officers and certain municipalities within the state of Michigan. There are numer...

  • United States v. Mack
    956 F2d 1168
    MEMORANDUM Appellant Arthur Mack plead guilty to one count of manufacturing 100 or more marijuana plants in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 18 U.S.C. § 2. He w...

  • Johnson v. Us Parole Commission
    958 F2d 1082
    Appeal From: N.D.Fla. AFFIRMED. ...

  • Rosado v. United States
    956 F2d 272
    A grand jury indicted Luis Rosado for violating several drug laws and a firearm law. Rosado pleaded guilty to the drug charges, but he opted for a bench trial on the firearm charge, which was brough...

  • Dawson v. Delaware
    503 US 159
    The question presented in this case is whether the First and Fourteenth Amendments prohibit the introduction in a capital sentencing proceeding of the fact that the defendant was a member of an organi...

  • Williams v. United States
    503 US 193
    The Sentencing Reform Act of 1984, as amended, 18 U.S.C. § 3551 et seq., 28 U.S.C. §§ 991-998 (Act), created the United States Sentencing Commission and empowered it to promulgate guide...

  • United States v. Mitchell
    956 F2d 271
    Stanley Mitchell appeals his conviction for (1) distributing heroin, in violation of 21 U.S.C. § 841(a)(1), and (2) the unlawful use of a telephone, in violation of 21 U.S.C. § 843(b). Fol...

  • United States v. J Austin
    957 F2d 44
    This appeal presents one issue--whether the district court, under the Sentencing Guidelines, abused its discretion when it ordered that, as part of appellant's supervised release, he remain "continuou...

  • United States v. Sanchez
    963 F2d 152
    Noe Jay Sanchez appeals from convictions in two separate trials. Final judgments in the two trials were handed down on June 19, 1990. In the first trial, Sanchez was convicted on one count of cons...

  • United States v. Nichols
    956 F2d 271
    Johnny Nichols appeals his three-count drug conviction for knowingly and intentionally possessing cocaine and cocaine base with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1), an...

  • Boren v. W Deland M 1 10
    958 F2d 987
    Plaintiff Lisa Lee Boren appeals the district court's judgment for Utah State Prison officials in this action under 42 U.S.C. § 1983 (1988). Ms. Boren's husband is an inmate at the Utah State P...

  • Hagaman v. Commissioner Of Internal Revenue
    958 F2d 684
    We AFFIRM the decision of the Tax Court, cited as 56 T.C.M. (P-H) 2,948 (1987), on this appeal, but REMAND to that court to deal with the issue of the effects of IRC § 312(a). First, we set ou...

  • United States v. Rendon Otalvaro
    956 F2d 1169
    MEMORANDUM Appellant Jose Hipolito Rendon-Otalvaro pleaded guilty to one count of willful failure to report the attempted transportation of monetary instruments out of the United States in violation ...

  • Delgado v. Local Crime Stoppers
    957 F2d 868
    Appeal From: W.D.Tex. AFFIRMED. ...

  • Carver v. Carver L Iii W Iii L
    954 F2d 1573
    Defendants-appellants Paulette Carver, Gasper Toole, Frampton Toole, and Richard Pearce were fined by the Bankruptcy Court for the Southern District of Georgia for wilfully violating the automatic sta...

  • Beach Communications Inc v. Federal Communications Commission
    959 F2d 975
    Brenda L. Fox and Diane B. Burstein, Washington, D.C., were on the brief for intervenor Nat. Cable Television Ass'n, Inc. Seth A. Davidson, Washington, D.C., also entered an appearance for interveno...

  • United States v. Lockhart
    956 F2d 1418
    Defendant Jerry Lockhart was charged in a two-count indictment with conspiracy to harbor and conceal a federal fugitive in violation of 18 U.S.C. § 371 (1988), and with harboring and concealing a...

  • United States v. Ramirez
    956 F2d 279
    Christine Ramirez appeals from her conviction for embezzlement by a bank employee in violation of 18 U.S.C. § 656. Ramirez contends that the district court abused its discretion by: (1) limiti...

  • Fleming v. A Collins
    954 F2d 1109
    We voted this state habeas corpus case en banc to explore the reach of the public safety exception to Miranda' § prophylactic rules protecting fifth amendment rights. New York v. Quarles, 467 U....

  • United States v. Brown
    954 F2d 1563
    As a matter of first impression in this circuit, we hold that the government is not required to prove that a defendant was aware of the illegality of money structuring in order to convict for that off...

  • United States v. Christman
    956 F2d 1168
    Appeal from the United States District Court for the Eastern District of Washington, No. CR-90-00050-01-JL; Justin L. Quackenbush & Edward Rafeedie, District Judges, Presiding. E.D.Wash. AFFI...

  • National Labor Relations Board v. Ideal Dyeing and Finishing Co Inc
    956 F2d 1167
    MEMORANDUM The National Labor Relations Board (the "Board") petitions for enforcement of its order holding that Ideal Dyeing and Finishing Co., Inc., ("Ideal") violated section 8(a)(1) of the Nationa...

  • Ford v. D Marshall
    956 F2d 1166
    Before CANBY, KOZINSKI and FERNANDEZ, Circuit Judges MEMORANDUM Howard Ford appeals the district court's denial of his petition for habeas corpus under 28 U.S.C. § 2254. We affirm. Ford con...

  • United States v. Champagne
    956 F2d 1168
    MEMORANDUM Louis Champagne appeals from the sentence of 27 months imprisonment imposed following his guilty plea to three drug-related counts. He contends that his base offense level should not hav...

  • United States v. Jefferson
    956 F2d 1168
    MEMORANDUM Jerome Jefferson appeals from the district court's denial of his motion to suppress. We affirm. We review de novo the district court's conclusion that the officers had a reasonable susp...

  • Ruark v. Gunter A
    958 F2d 318
    Petitioner-appellant Theodore Ruark appeals from the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. In 1963, Petitioner was convicted in a Colorado state court of es...

  • United States v. M Bardwell
    956 F2d 1163
    Terry M. Bardwell was convicted by a jury of conspiracy to distribute phencyclidine (PCP) and distribution of PCP. He later cooperated with the government and his sentence was eventually reduced on ...

  • United States v. Terry
    956 F2d 1169
    Before EUGENE A. WRIGHT and ALARCON, Circuit Judges, and FONG, District Judge. MEMORANDUM Geoffrey Alan Terry (Terry) pled guilty on January 30, 1987, to conspiracy to commit bank robbery (Count I)...

  • United States v. Driskel
    956 F2d 1168
    MEMORANDUM Pamela Driskel challenges the district court's denial of her motion to suppress evidence, basing her challenge on an allegedly improper warrant authorizing interception of telephone conver...

  • Dangelo v. Giant Food Incorporated
    956 F2d 1162
    Frank D'Angelo, a shoplifter apprehended by Giant Food employees, appeals the district court's directed verdict in favor of Giant, wherein the court ruled that Virginia Code Ann. § 18.2-105 exemp...

  • United States v. Juvenile Male
    956 F2d 270
    W.P., a juvenile male, appeals the district court's adjudication of him as a juvenile delinquent and the imposition of a period of detention pursuant to the Juvenile Justice and Delinquency Prevention...

  • Grady v. Crabtree Fci
    958 F2d 874
    James Jeffrey Grady, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2241 petition for a writ of habeas corpus. We review de novo, Vermouth v. Corrothers, 827 ...

  • Benavides v. County Of Wilson H
    955 F2d 968
    Apolinar and his wife Stella Benavides brought this § 1983 action against Wilson County and Marvin Baumann, its Sheriff, alleging that both the County and the Sheriff maintained policies that fai...

  • United States v. H Bradford
    956 F2d 1168
    MEMORANDUM William H. Bradford pleaded guilty to one count of manufacturing marijuana in violation of 21 U.S.C. § 841(a)(1) (1988). On appeal he challenges the sentence imposed pursuant to the...

  • United States v. Burgess
    956 F2d 1168
    MEMORANDUM Burgess raises five issues, none of which has merit. A. Burgess' legal representation was not " 'so inadequate' " that " 'the trial court's failure to take notice sua sponte of the probl...

  • United States v. Roach
    958 F2d 679
    Defendant-appellant, Jeffrey Dewayne Roach, appeals his conviction and sentence for unlawful possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), and 924(e)(1) and unla...

  • United States v. Cleto
    956 F2d 83
    Jose Cleto appeals the district court's denial of his motion for credit on his sentence. Finding no error, we affirm. Cleto filed a motion, pursuant to 28 U.S.C. § 2255, to vacate, set aside,...

  • Chappell v. United States
    956 F2d 272
    Robert Chappell was convicted of mail fraud on November 19, 1981 and his conviction was affirmed on direct appeal. United States v. Chappell, 698 F.2d 308 (7th Cir.1983) cert. denied, 461 U.S. 931, ...

  • United States v. Rinard
    956 F2d 85
    Timothy Rinard, defendant/appellant, pleaded guilty to possessing more than 100 kilograms of marijuana with intent to distribute. On appeal, he contends that: he received ineffective assistance of ...

  • Sewell v. Peters Iii W
    956 F2d 272
    C.D.Ill. AFFIRMED. Michael Sewell brought this petition under 28 U.S.C. § 2254 to challenge his 1986 conviction for home invasion following a bench trial. He set forth four grounds for reli...

  • United States v. A Brown
    956 F2d 272
    This direct criminal appeal involves two separate cases for which George Brown was sentenced at the same time. He challenges the sentence he received under pre-Sentencing Guidelines law. We affirm...

  • Rivera v. P Lane
    956 F2d 272
    Petitioner Hector Rivera was in prison for murder when he killed a fellow inmate. He was convicted of murder and sentenced to mandatory life imprisonment pursuant to Ill.Rev.Stat. Ch. 38 p 1005-8-(a...

  • United States v. Wright
    956 F2d 1163
    William Lee Wright signed a plea agreement with the government in which he agreed to plead guilty to two counts of a three count indictment. Two months later, on the day the sentencing hearing was s...

  • United States v. H Laster
    958 F2d 315
    In a four-count indictment, Billy Harold Laster was charged in the first three counts with using the telephone on May 3, 9, and 23, 1990, respectively, to facilitate a cocaine purchase, in violation o...

  • Gamble v. Deeds
    956 F2d 1166
    MEMORANDUM Lester Gamble, a Nevada state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. Finding no merit to his contentions, we affirm the...

  • Blanchard v. Peerless Insurance Company
    958 F2d 483
    Plaintiff Richard Blanchard appeals from a summary judgment dismissing his third-party beneficiary claim under a homeowners policy issued to James and Ann Brown by defendant Peerless Insurance Company...

  • United States v. Beaulieau
    959 F2d 375
    Appellants Beaulieau and Townsend appeal from their narcotics convictions entered on their pleas of guilty in the District of Vermont, Franklin S. Billings, Jr., Chief District Judge. Their appeals ...

  • United States v. Wiley
    956 F2d 1169
    MEMORANDUM David Wiley appeals, pro se, the denial of his Fed.R.Crim.P. 35(a) motion to reduce his sentence following his guilty plea to aiding and abetting the manufacture of methamphetamine, in vio...

  • United States v. P Watson
    956 F2d 1164
    Defendant John P. Watson appeals his jury conviction on eighteen offenses in violation of federal law involving conspiracy, money laundering, unlawfully structured currency transactions, and income ta...

  • Richie v. Short
    956 F2d 1164
    Defendants, Roger Stewart and Clawson Short, appeal the jury verdict in favor of plaintiff, John S. Richie, in this action stemming from an attack upon Richie while incarcerated at the Knott County Ja...

  • Dana v. Department Of Corrections
    958 F2d 237
    A Minnesota jury convicted Brian Eugene Dana of sexually abusing his five-year-old son, C.D., and his four-year-old son, T.D. The trial court sentenced Dana to two consecutive forty-three month term...

  • Lashley v. Armontrout
    957 F2d 1495
    Frederick Lashley, a Missouri prisoner convicted of capital murder, appeals the District Court's denial of his 28 U.S.C. § 2254 application for a writ of habeas corpus. We affirm the conviction...

  • Sparks v. City and County Of San Francisco
    956 F2d 1168
    MEMORANDUM Adam Sparks was held in contempt of court for violating a preliminary injunction ordering him to comply with an ordinance of the City and County of San Francisco (the "City"). After Cali...

  • United States v. Gutierrez Lopez
    958 F2d 379
    Before WALLACE, Chief Judge, JAMES R. BROWNING, Circuit Judge and JONES, District Judge. MEMORANDUM The United States appeals the district court's grant of defendant's motion to suppress evidence. ...

  • Fabbri v. Sheraton Plaza La Reina Hotel
    956 F2d 1166
    MEMORANDUM Anthony Fabbri appeals pro se the district court's dismissal of his action based on fraud and perjury. Fabbri raised his claims pursuant to 18 U.S.C. § 1623. The district court di...

  • United States v. F Cazaraz G
    956 F2d 1164
    Defendants Jorge Francisco Cazaraz and Javier or Jvier Guilberto Cazaraz appeal their convictions following their conditional guilty pleas to charges of possession of marijuana with the intent to dist...

  • United States v. Moore
    956 F2d 1164
    Defendant Steven Todd Moore appeals his conviction, following a jury trial, of possession of cocaine with intent to distribute and use of a firearm during a drug trafficking offense. For the reasons...

  • United States v. Ray
    956 F2d 1169
    MEMORANDUM Anthony Ray appeals his sentence imposed following entry of a guilty plea to armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d), and use of a dangerous weapon during and ...

  • Salas v. Us Parole
    971 F2d 752
    Appeal From: W.D.Mo. DISMISSED. ...

  • United States v. E Gray
    958 F2d 9
    Following a two-day jury trial, appellant Kent E. Gray was convicted of five counts of bank robbery and one count of attempted bank robbery in violation of 18 U.S.C. § 2113(a). Gray appeals, cl...

  • United States v. Potter
    956 F2d 1164
    Defendant Ralph Potter appeals the sentence imposed by the district court pursuant to the United States Sentencing Guidelines ("U.S.S.G."). We affirm. Potter plead guilty on October 23, 1991, to o...

  • United States v. Strahl
    958 F2d 980
    Dee Benson, U.S. Atty., Gordon Campbell, Asst. U.S. Atty., Salt Lake City, Utah, for plaintiff-appellee. James Allen Strahl, pro se. Before SEYMOUR, EBEL, Circuit Judges, and BABCOCK, District Jud...

  • United States v. V Smith
    955 F2d 764
    This case was considered on the record from the District Court and on the briefs and oral argument of counsel. The Court has determined that the issues presented occasion no need for a published opi...

  • United States v. Chappell
    956 F2d 272
    Robert Samuel Chappell was convicted by a jury of willful failure to appear in violation of 18 U.S.C. § 3150, or in common parlance, bail jumping. He was sentenced to 44 months imprisonment. ...

  • United States v. Morehead
    959 F2d 1489
    Defendants-appellants John Wesley Morehead, Sr. ("Senior"), John Wesley Morehead, Jr. ("Junior"), and Jackie Ray Hill appeal their convictions and sentences following a jury verdict on various consp...

  • United States v. Smith
    956 F2d 1169
    MEMORANDUM Rodney Burl Smith appeals his sentence under the United States Sentencing Guidelines ("Guidelines") following a guilty plea to offenses involving the use of explosives in committing bank l...

  • United States v. P Croy
    956 F2d 272
    Between January 1981 and December 1983, Elwood Croy engaged in a scheme to defraud investors in oil wells by misrepresenting his prior successes in oil exploration and recovery. He used the United S...

  • Reese v. Us W Reese
    959 F2d 1102
    Upon consideration of the motions for summary affirmance and the opposition thereto, it is ORDERED that the motions be granted for the reasons stated in the attached memorandum. The merits of the p...

  • United States v. Salinas
    956 F2d 80
    Leonel Salinas, Jr. (Salinas) was indicted in a two count indictment and found guilty by the jury on both counts. Count One charged that he made false declarations to the Grand Jury on April 12, 19...

  • Sears v. Lewis
    956 F2d 1167
    MEMORANDUM Ronald Sears appeals the district court's denial of his petition for a writ of habeas corpus. We affirm. On August 24, 1985, Sears fought with his wife and struck her. That evening, ...

  • Campbell v. McCormick
    956 F2d 1166
    MEMORANDUM Jack Lee Campbell appeals pro se the district court's grant of summary judgment in favor of the Warden of the Montana State Prison. The court denied Campbell's petition for writ of habea...

  • Miller v. Borg
    956 F2d 1167
    MEMORANDUM Marion F. Miller, Jr., a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. Miller, who was convicted in 1981 of n...

  • United States v. Winkelman
    956 F2d 1169
    MEMORANDUM Appellant Steven Winkelman plead guilty to one count of manufacturing 1,000 or more marijuana plants in violation of 21 U.S.C. 841(a)(1), and one count of possessing an unregistered firear...

  • United States v. Trefren
    956 F2d 1169
    MEMORANDUM John Trefren, a federal prisoner, appeals pro se the district court's dismissal of his petition for relief under 28 U.S.C. § 2255. We review de novo, United States v. Angelone, 894...

  • United States v. Scott
    956 F2d 1163
    Albert Manning Scott appeals his convictions for bank robbery and related offenses arising out of his robbery of the Wachovia Bank and Trust Company in High Point, North Carolina, on August 4, 1989. ...

  • United States v. Spadafore
    956 F2d 1163
    Anthony Donald Spadafore appeals from the district court's order denying relief under Federal Rule of Criminal Procedure 35(b), applicable to offenses committed prior to November 1, 1987. Our review...

  • United States v. Bledsoe
    956 F2d 1163
    June Dale Norris Bledsoe was convicted of conspiracy to distribute cocaine, possession with the intent to distribute cocaine and marijuana, use of a firearm in a drug trafficking crime, and maintainin...

  • United States v. Storer
    956 F2d 1169
    MEMORANDUM David Hugh Storer appeals his conviction and sentence following a conditional guilty plea to bank robbery, in violation of 18 U.S.C. § 2113(a). Storer contends that the district cou...

  • United States v. J Moore
    958 F2d 310
    The basic question presented by this appeal is whether a defendant may be determined to have two separate convictions under 18 U.S.C. § 924(c)(1) on two counts charging him with using weapons dur...

  • United States v. Valeri
    956 F2d 1164
    Convicted of cocaine distribution and possession of firearms, the defendant was sentenced to a lengthy term of imprisonment for each offense pursuant to U.S.S.G. § 4B1.1 and 18 U.S.C. § 924(...

  • United States v. Cortez Martinez
    956 F2d 1168
    MEMORANDUM Baltazar Cortez-Martinez appeals his sentence under the United States Sentencing Guidelines for conspiracy to transport undocumented aliens in violation of 18 U.S.C. § 371. We rever...

  • United States v. Zink
    956 F2d 279
    The parties have stipulated that we may decide this case on the briefs. After examining the briefs and appellate record, we have determined unanimously that oral argument would not materially assist...

  • Denton v. Macdonald Iii
    956 F2d 1166
    MEMORANDUM Appellant and two companions were charged with robbing, kidnapping, and assaulting four tourists who were hiking in the Kahana Valley on the island of Oahu. On April 18, 1988, appellant ...

  • Scotch Whisky Association v. Majestic Distilling Company Incorporated Scotch Whisky Association
    958 F2d 594
    The Scotch Whisky Association (SWA) sued the Majestic Distilling Company (Majestic) in district court alleging unfair competition. In the action, SWA also joined appeals from the Trademark Trial and...

  • United States v. Archer
    956 F2d 1163
    Dean Erskin Archer appeals his convictions for conspiracy to acquire firearms, in violation of 18 U.S.C. § 371 (1988), making a false statement in purchasing a firearm, in violation of 18 U.S.C.A...

  • McCarthy v. Madigan
    503 US 140
    The issue in this case is whether a federal prisoner must resort to the internal grievance procedure promulgated by the Federal Bureau of Prisons before he may initiate a suit, pursuant to the authori...

  • United States v. P Wichmann
    958 F2d 240
    Dennis Paul Wichmann appeals from a final judgment entered in the United States District Court for the Northern District of Iowa following Wichmann's guilty plea to conspiracy to traffic in cocaine in...

  • Baca v. Kerby
    956 F2d 277
    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 ...

  • Cali v. Sadacca
    956 F2d 1166
    MEMORANDUM Lawrence Charles Cali, an Arizona state prisoner, appeals pro se the district court's grant of summary judgment in favor of defendants in this action for damages brought under 42 U.S.C. &#...

  • Dias v. Vose
    960 F2d 143
    Gilbert Dias is a state prisoner in the custody of the Massachusetts Department of Correction and is incarcerated at the Massachusetts Correctional Institution at Cedar Junction (MCI-Cedar Junction). ...

  • United States Of America v. Jean Pierre Deandino
    958 F2d 146
    The appellant, the United States of America, contests the district court's dismissal of the indictment as insufficient. The indictment alleged that appellee, Jean Pierre DeAndino, violated 18 U.S.C....

  • United States v. Seabolt
    958 F2d 231
    Harley Joe Seabolt appeals his conviction and sentence after being found guilty of robbing a bank while armed. We affirm. A lone gunman robbed the Drovers First American Bank in Inver Grove Height...

  • United States v. Wells
    956 F2d 279
    Defendant Jimmy Wells appeals the sentence imposed on him in connection with his guilty plea to a charge of conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. § 8...

  • United States v. W Streck
    958 F2d 141
    Defendant Donald W. Streck appeals the district court's order, entered on remand from this court, finding that the government did not rely upon immunized testimony in obtaining an indictment against S...

  • United States v. L Christiansen
    958 F2d 285
    Christiansen embezzled over $96,000 from the credit union she managed, breaching the trust vested in her by her employer. She argues, however, that the district court erred when it enhanced her sent...

  • United States v. Mau
    958 F2d 234
    Pursuant to a plea agreement with the government, Terry Mau pleaded guilty on December 24, 1990 to charges of conspiracy to distribute marijuana and methamphetamine, 21 U.S.C. § 841(a)(1), posses...

  • United States v. Krikorian
    956 F2d 1168
    MEMORANDUM Krikorian was convicted of one count of possession of cocaine with intent to distribute and one count of conspiracy to distribute cocaine. He makes four claims of error on appeal. (1) K...

  • United States v. Williams
    955 F2d 764
    This appeal was considered on the record from the United States District Court for the District of Columbia and on papers filed by the parties. The court has determined that the issues presented occ...

  • United States v. T Moore
    956 F2d 1163
    Gary T. Moore, a federal prisoner, appeals from an order of the district court denying relief under 28 U.S.C. § 2255 (1988). Finding that further evaluation of one of Moore's claims is required,...

  • United States v. Jordan
    956 F2d 1163
    In this consolidated appeal, William J. Jordan contests his convictions returned in two trials. In the first trial, Jordan was convicted of one count of conspiracy to distribute cocaine and two coun...

  • United States v. L Robinson
    956 F2d 1163
    Paul L. Robinson was convicted by a jury of conspiracy to defraud the United States by impeding the lawful functions of the Internal Revenue Service (IRS) (18 U.S.C. § 371 (1988)) and eighteen co...

  • United States v. Trepanier
    956 F2d 1169
    MEMORANDUM In these consolidated cases, Todd Trepanier appeals his conviction at jury trial for conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(...

  • United States v. Guevera
    956 F2d 1168
    MEMORANDUM Delphino Max Guevera appeals his conviction, following a jury trial, for assault with a dangerous weapon with intent to do bodily harm, in violation of 18 U.S.C. §§ 1153 and 113(...

  • United States v. Spencer
    956 F2d 279
    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 ...

  • United States v. Bagby
    956 F2d 1168
    MEMORANDUM Richard Wayne Bagby appeals his conviction following a conditional guilty plea for violation of Title 21 U.S.C. § 846 and § 841(a)(1), conspiracy to manufacture methamphetamine a...

  • United States v. Limon
    956 F2d 1168
    MEMORANDUM Jose DeJesus Limon appeals his jury conviction for one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1). He contends that insufficient ...

  • United States v. Aldaco Lopez
    956 F2d 1168
    MEMORANDUM Jose Aldaco-Lopez was convicted, following a jury trial, of conspiracy to bring in, transport, and harbor illegal aliens in violation of title 18 U.S.C. § 371. He was sentenced to a...

  • United States v. Jiminez
    956 F2d 1168
    MEMORANDUM Saragosa Jiminez appeals his sentence of five years probation and his conviction by guilty plea for possession of a plate, stone, or other thing from which an obligation of the United Stat...

  • Federal Deposit Insurance Corporation v. G Daily
    956 F2d 277
    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 ...

  • United States v. G Elder S
    956 F2d 270
    Convicted on federal drug trafficking and possession of firearms charges, and sentenced to lengthy prison terms, defendants Randall and Brenda Elder appeal both the convictions and the sentences. Th...

  • United States v. L Bailey
    957 F2d 439
    Darrell L. Bailey was convicted of one count of bank robbery, using a dangerous weapon, 18 U.S.C. § 2113(d), two counts of knowingly possessing an interstate firearm after having been convicted o...

  • Bildad v. Tr Kindt
    956 F2d 272
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, Senior District Judge. While on parole, petitioner Dr. Ahasuerus Bildad was arrested on charges of robbery, assault and battery, and po...

  • United States v. L Kelly
    956 F2d 271
    Edward L. Kelly was convicted following a guilty plea of possession of cocaine with the intent to distribute. He appeals the district court's denial of his motion to supress evidence. For the reas...

  • United States v. Reyna
    956 F2d 271
    A jury convicted Jesus Jesse Reyna of (1) conspiracy to possess with intent to distribute and distribution of marijuana, in violation of 21 U.S.C. § 846, and (2) possession with intent to distrib...

  • United States v. Pedroni
    958 F2d 262
    Defendant Patrick PEDRONI, appeals his conviction for conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 and his two-count conviction for use of a communication facility to further ...

  • United States v. S Swatzell
    956 F2d 273
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, Senior District Judge. Following a bench trial, defendant Timothy Swatzell was convicted of both conspiring to distribute and distribut...

  • Tyson v. Jones and Laughlin Steel Corp
    958 F2d 756
    Having worked for Jones & Laughlin Steel Corp. ("Company"), the defendant-appellee, and its predecessor since January 1960 and having progressed up the non-supervisory, promotion ladder in its el...

  • United States v. T Davis
    958 F2d 372
    Defendant Gregory Troy Davis appeals his conviction and sentence for the use of a firearm in relation to a drug trafficking offense. The sole issue on appeal is whether sufficient evidence exists to...

  • United States v. Wilson
    958 F2d 372
    Defendant Kevin Lee Wilson challenges the sentence imposed, upon remand from this court, for use of an interstate commerce facility in an attempt to have his wife killed in violation of 18 U.S.C. ...

  • United States v. E Ford A E Ford
    958 F2d 372
    Defendants appeal an order denying their motion to dismiss criminal charges on grounds of double jeopardy, arguing that the district court erred in granting a mistrial. Defendant Harold Ford also se...

  • Lopez v. Lewis
    956 F2d 274
    MEMORANDUM Daniel Lopez, an Arizona state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. We review de novo, Norris v. Risley, 878 F.2d 11...

  • Laverne v. Commissioner Internal Revenue Service
    956 F2d 274
    Before GOODWIN, FLETCHER and BRUNETTI, Circuit Judges MEMORANDUM This is an appeal from a Tax Court opinion deciding three consolidated test cases involving the deductibility of certain investments ...

  • Duhamel v. A Collins
    955 F2d 962
    In this capital murder case, Emile Pierre Duhamel was convicted by the state of Texas of murdering Jonette Edmunds in the course of committing aggravated sexual assault. He was sentenced to death. ...

  • United States v. Smith
    956 F2d 1163
    Appellant Osborne McKinley Smith appeals his conviction in the United States District Court for the Northern District of West Virginia. Finding no merit in his arguments, we affirm. Smith was char...

  • United States v. Robinson
    958 F2d 268
    Defendant-appellant John Roy Robinson appeals his sentence following a guilty plea to one count of unarmed bank robbery in violation of 18 U.S.C. § 2113(a). Robinson argues that application of ...

  • Ellifrits v. Davies
    956 F2d 277
    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...

  • Robles v. Vigil
    956 F2d 275
    Before FLETCHER, D.W. NELSON and FERNANDEZ, Circuit Judges MEMORANDUM Joe Robles (Robles) appeals the dismissal of his in forma pauperis civil rights action without prejudice pursuant to Rule 8 of ...

  • Richmond Tenants Organization Incorporated v. Kemp
    956 F2d 1300
    Robert V. Zener, Appellate Litigation Counsel, Civil Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Civil Div., U.S. Dept. of Justice, Washington, D.C., Ken...

  • United States v. Chacon Sanchez
    956 F2d 275
    MEMORANDUM Moises Chacon-Sanchez appeals his conviction for conspiracy, distribution of heroin and possession with intent to distribute heroin. Chacon-Sanchez contends that his due process rights w...

  • United States v. Marshburn
    956 F2d 1163
    In this case defendant Allen Stephon Marshburn appeals his convictions and sentencing for various cocaine-related crimes. We affirm. Marshburn was indicted on August 14, 1990, for conspiracy to po...

  • Davis v. Oku
    956 F2d 274
    Before FLETCHER, D.W. NELSON and FERNANDEZ, Circuit Judges MEMORANDUM Lutrell Davis (Davis) appeals the district court's dismissal of his section 1983 action for failure to state any cognizable cla...

  • Workman v. Tate
    957 F2d 1339
    Appellant Arthur Tate (State of Ohio or the state) appeals from an order entered December 6, 1990, in the Northern District of Ohio, Alvin I. Krenzler, District Judge, granting appellee Daniel Workman...

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