Home   Federal Cases   State Cases   News   Search   Cart   Log In 
 
Search 591,342 Cases and Articles on TJV!
 
Federal Case Categories




Case Summary Articles Archive


  • United States v. L Glover
    962 F2d 18
    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 ...

  • Adams v. Zentz
    963 F2d 197
    Karen Marie Zentz, a debtor seeking relief under Chapter 7 of the Bankruptcy Code, appeals from the order of the District Court reversing the decision of the bankruptcy court holding dischargeable in ...

  • United States v. N Lewis
    961 F2d 1579
    Defendants Harry N. Lewis and Eugene Vaughn were convicted of possession with intent to distribute and conspiracy to distribute in excess of five grams of crack cocaine. Lewis was sentenced to 84 mo...

  • United States v. Forero
    961 F2d 1579
    Defendant Jairo Forero appeals the judgment entered against him after a jury convicted him of distribution of cocaine, conspiracy to distribute cocaine, and interstate travel with intent to commit a c...

  • United States v. Phillips
    961 F2d 1579
    The defendant-appellant, Jeffrey Phillips, appealed from his conviction on a one-count indictment charging him with possession of crack cocaine with intent to distribute in violation of 21 U.S.C. sect...

  • United States v. E Weston
    962 F2d 8
    David E. Weston, the former public works officer of the United States Naval Academy in Annapolis, Maryland, was convicted by a jury on five counts of seeking and accepting gratuities in his official p...

  • United States v. Hardene
    962 F2d 11
    Defendant Jerome Hardene pled guilty to conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1), 846 and was sentenced to 46 months in prison. On appeal, he challenges his ...

  • Meyers v. Nagel
    962 F2d 14
    MEMORANDUM Police officer Gregory Nagel appeals the district court's order denying his motion for summary judgment based on qualified immunity in Steve Meyers' civil rights action under 42 U.S.C. &#x...

  • Mattson v. Healey
    962 F2d 14
    MEMORANDUM This controversy began on September 26, 1983, when the Washington State Department of Social and Health Services (DSHS) placed Ms. J.J. Kellum, a live-in chore worker, with plaintiff Ronal...

  • United States v. Diaz Ramirez
    962 F2d 15
    MEMORANDUM This appeal raises the question of when the government may punish an individual for conduct for which it has agreed not to prosecute him. This question has proved difficult, and our prev...

  • Harris v. Attorney General Of The State Of Oklahoma B
    962 F2d 17
    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 ...

  • Jolivet v. E Steele
    962 F2d 17
    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 ...

  • Parrish v. Luckie Ar
    963 F2d 201
    The City of North Little Rock, Arkansas, appeals from a jury verdict awarding Eddie Parrish $200,000 for civil rights violations. The jury found that Police Officer Donnell Luckie deprived Parrish o...

  • United States Of America v. R Gorrell
    961 F2d 211
    Michael W. Carey, United States Attorney, Paul Thomas Ferrell, Assistant United States Attorney, Charleston, West Virginia, for Appellee. S.D.W.Va. AFFIRMED. Before RUSSELL, Circuit Judge, BUTZN...

  • United States Of America v. Ridgeway
    961 F2d 211
    William Lee Ridgeway was convicted by a jury of conspiracy to distribute marijuana (21 U.S.C. § 846 (1988)) and distribution of marijuana (21 U.S.C.A. § 841 (West 1981 & Supp. 1991). He...

  • Spann v. N Martin Iii Parker Evatt
    963 F2d 663
    The issue is whether the district court abused its discretion in granting the capital habeas corpus petitioner dismissal without prejudice of his federal court action so that he might reexhaust certai...

  • United States v. L Rushton
    963 F2d 272
    Defendant Ronald Rushton presents three challenges to his convictions for mail fraud and bankruptcy fraud. First, he contends that the district court erred in refusing to give his proposed "good fai...

  • United States v. Turner
    960 F2d 461
    Clifford Pollard Turner appeals his conviction upon jury verdict of three counts of causing to be delivered by the United States Postal Service a written communication containing a threat in violation...

  • United States v. Liu
    960 F2d 449
    Martin D. Beirne, Houston, Tex. (Court-appointed), for Liu. George McCall Secrest, Jr., Houston, Tex. (Court-appointed), for Ting. Jeffrey A. Babcock, Paula C. Offenhauser, Asst. U.S. Attys., Ro...

  • Michigan Department Of Social Services v. W Sullivan
    961 F2d 1578
    This is an appeal from the district court's denial of a motion for relief from judgment under Rule 60(b)(2) and 60(b)(6), Fed.R.Civ.P. We affirm the district court's denial of relief from judgment b...

  • United States v. Anaya
    962 F2d 15
    MEMORANDUM Appellant appeals the district court's denial of his motion to withdraw his guilty plea pursuant to Fed.R.Crim.P. 32(d). We assume this is a direct appeal, and therefore have jurisdictio...

  • United States v. West
    962 F2d 1243
    Frances C. Hulin, Asst. U.S. Atty. (argued), Danville, Ill., for plaintiff-appellee. Michael J. Zopf (argued), Reno, O'Byrne & Kepley, Champaign, Ill., Anthony Novak, Urbana, Ill., for defendan...

  • Fund For Animals Inc v. Lujan Kl
    962 F2d 1391
    The Fund for Animals, Inc. (the Fund) appeals from the denial of preliminary injunctive relief against the Secretary of the Interior and the Secretary of Agriculture (Federal defendants), and the dir...

  • Jefferson v. Morgan
    962 F2d 1185
    Jack Morgan, who is warden of the Tennessee State Penitentiary, appeals the judgment of the district court granting James Thomas Jefferson a writ of habeas corpus under 28 U.S.C. § 2254. For th...

  • White v. Taylor
    959 F2d 539
    Gary E. Friedman, W. Thomas Siler, Jr., Phelps Dunbar, Jackson, Miss., for defendant-appellant. Brad Sessums, Richard D. Underwood, Young, Scanlon & Sessums, Jackson, Miss., for plaintiff-appell...

  • Sullivan v. Syracuse Housing Authority
    962 F2d 1101
    Plaintiff-appellant Thomas Sullivan appeals from a judgment of the United States District Court for the Northern District of New York (McAvoy, J.) dismissing, for lack of standing, Sullivan's claim th...

  • Fawcett v. E Bablitch
    962 F2d 617
    Anthony Fawcett is on probation following his conviction on two charges of sexual contact with a minor. The sentence was two years' imprisonment on the first charge followed by ten years' probation ...

  • Lafountain v. Blanchard
    961 F2d 1577
    The plaintiff, Wayne LaFountain, appeals the summary judgment of the district court entered in favor of the defendant, James Blanchard, in this civil rights action. For the following reasons, we AFF...

  • Kizer v. Childrens Learning Center R T
    962 F2d 608
    The plaintiff appeals the district court's entry of summary judgment against her on her Title VII racial discrimination claims, and the defendants cross-appeal the denial of Rule 11 sanctions. Affir...

  • United States v. Criollo
    962 F2d 241
    Lizardo Criollo appeals from a judgment entered on November 22, 1991 after a jury trial in the Eastern District of New York, Gerald E. Rosen, District Judge, of the Eastern District of Michigan, sitti...

  • United States Of America v. M Freedlander
    960 F2d 147
    Defendant Eric Freedlander appeals his conviction on 79 counts of conspiracy, false reports to a financial institution, wire fraud, bank fraud, travel fraud, and misapplication of funds. Each of thes...

  • United States v. Feigenbaum
    962 F2d 230
    This appeal concerns primarily the issue of whether a prosecutor's commitment not to make a recommendation "at sentencing" prohibits the prosecutor from opposing a motion to reduce a sentence. The i...

  • United States v. J Burdett
    962 F2d 228
    Warren Burdett, a Long Island electrician, did not file federal income tax returns or pay federal income taxes for the years 1984 through 1987. As a result, he was convicted by a jury for willfully ...

  • Tuttle v. Anr Freight Systems
    962 F2d 18
    Before HOLLOWAY and LOGAN, Circuit Judges, and WESLEY E. BROWN, Senior District Judge. ORDER AND JUDGMENT** This appeal arises from the district court's dismissal of plaintiff Helen Tuttle's Title ...

  • United States v. Bruning
    962 F2d 18
    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...

  • Gaddis v. United States
    961 F2d 1577
    Charles G. Gaddis appeals his conviction for failing to file tax returns in violation of 26 U.S.C. § 7203. We affirm. * In March 1988 a federal grand jury charged Gaddis, a tax protester, wit...

  • Kinnell v. Hutches
    962 F2d 17
    After examining the briefs and the 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); T...

  • United States Of America v. Young
    960 F2d 148
    John Young-Bey appeals the sentences imposed by the district court after this Court affirmed his convictions and remanded for resentencing. He alleges that the sentences imposed on him violate the Do...

  • United States America v. Stone
    960 F2d 426
    Defendants-appellants Louis Elton Stone (Stone) and Denise Sienhausen (Sienhausen) were convicted of conspiring to manufacture, and attempting to manufacture, in excess of one hundred grams of methamp...

  • Saleh v. United States Department Of Justice
    962 F2d 234
    Sofyan Ali Saleh petitions for review of an order of the Board of Immigration Appeals ("BIA") dated September 27, 1990 that dismissed an appeal from a decision of Immigration Judge ("IJ") Patricia A. ...

  • United States v. G Lail
    963 F2d 263
    While already serving consecutive sentences for bank robberies, defendant Ernest G. Lail, as part of a plea agreement, pled guilty to an unrelated count of mail fraud in violation of 18 U.S.C. § ...

  • Mitchell v. Los Angeles Unified School District
    963 F2d 258
    The plaintiffs-appellees in this case are employees of the defendant Los Angeles Unified School District. They are represented by the defendant and appellant union, United Teachers--Los Angeles. T...

  • United States v. Hines
    963 F2d 255
    The United States brings this interlocutory appeal from an order by the district court suppressing statements made by Irvin Hines to a special agent of the Bureau of Alcohol, Tobacco, and Firearms. ...

  • Payne Iii v. Brown
    961 F2d 1578
    This is a pro se prisoner civil rights case. The plaintiff alleged that the defendants, employees of the Michigan Department of Corrections, conspired to deprive him of his rights under the First an...

  • Rosenthal Co Inc v. Hantscho Inc
    961 F2d 1579
    Plaintiff-Appellant S. Rosenthal & Co., Inc. ("Rosenthal") appeals the District Court's grant of summary judgment to Defendants-Appellees Hantscho, Inc. et al. ("Hantscho"). Rosenthal claims in...

  • United States v. M Derryberry Ii
    961 F2d 1579
    In 1987, the defendant, Quentin Derryberry, was convicted of embezzlement and perjury, and was sentenced to probation and ordered to make restitution in the amount of $8,500.00 to the Estate, pursuant...

  • Fernandez v. T Leonard
    963 F2d 459
    Plaintiffs-Appellants, Oscar J. Fernandez and Rosa Fernandez contend that the death of their father and husband ("Mr. Fernandez") during a police and FBI shooting was the product of excessive and unre...

  • Gordon v. Faber
    963 F2d 187
    Lieutenant Steve Faber appeals from a final judgment entered in the United States District Court for the Northern District of Iowa, after a bench trial, finding him liable pursuant to 42 U.S.C. §...

  • United States v. Durham
    963 F2d 185
    David George Durham appeals the twenty-five-year sentence imposed by the District Court for the District of Minnesota upon his plea of guilty to conspiracy to possess and distribute cocaine base ("cra...

  • Smith v. Our Lady Of The Lake Hospital Inc
    960 F2d 439
    Dr. Prentiss Smith and his attorneys appeal sanctions imposed under Fed.R.Civ.P. 11 and 26(g), 28 U.S.C. § 1927, and the inherent power of the court. See Smith v. Our Lady of the Lake Hosp., 13...

  • United States v. Sanders
    964 F2d 295
    Carlos Sanders appeals his convictions for assault with a dangerous weapon with intent to do bodily harm in violation of 18 U.S.C. § 113(c), and for possession of contraband (a shank used in the ...

  • United States v. Overstreet
    962 F2d 18
    After examining the briefs and the 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); T...

  • United States v. Turczyk
    961 F2d 1580
    Defendant appeals from his conviction and sentence for unlawful possession and transfer of a firearm. For the reasons that follow, we affirm. Special Agent Eric Frey of the Bureau of Alcohol Tobac...

  • United States v. Carter
    961 F2d 1579
    Defendant, Kenneth Carter, appealed his convictions for cocaine possession with intent to distribute and conspiracy to distribute cocaine. The issues are whether: (1) evidence seized from defendant...

  • Martin v. City Of Youngstown
    961 F2d 1578
    Plaintiff Barbara Martin ("Martin") filed a lawsuit against the City of Youngstown ("defendant" or "City") for alleged sexual harassment in the workplace. She sought damages pursuant to Title VII of...

  • United States v. Tom
    961 F2d 217
    MEMORANDUM Orlando Tom appeals his convictions, following a jury trial, of four counts of aggravated sexual abuse of a minor under the age of twelve in violation of 18 U.S.C. §§ 1153 and 22...

  • United States v. Mendoza Cisneros
    961 F2d 217
    MEMORANDUM Valentin Mendoza-Cisneros appeals his convictions, following a bench trial, for possession, conspiracy to distribute, and distribution of five hundred grams or more of a mixture and substa...

  • United States v. Vance
    961 F2d 217
    MEMORANDUM Stanley Lee Vance appeals his sentence following his guilty plea to possession of ammunition by a felon, in violation of 18 U.S.C. § 922(g)(1). He contends that the district court e...

  • United States v. H Langer
    962 F2d 592
    These facts are the stuff from which a segment on Sixty Minutes could be made: Water, Water Everywhere, Nor Any Drop to Drink: Defense Subcontractor Fraud. The segment opens with interviews of per...

  • United States v. Charlton
    961 F2d 1579
    Defendant Newall Charlton appeals his conviction and sentence on three counts relating to the excavation of a Cherokee Indian burial cave located on public lands in the Cherokee National Forest. Cha...

  • United States v. Robinson
    961 F2d 1580
    Defendant, Joseph Lamont ("Monty") Robinson, appeals the district court's two-level enhancement of his sentence pursuant to United States Sentencing Guidelines § 3B1.1(c). On April 10, 1990, de...

  • Oleary v. Oklahoma Department Of Human Services
    962 F2d 17
    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 ...

  • McDonald v. Champion
    962 F2d 1455
    In this case, we are asked to decide whether an Oklahoma state court decision that interpreted Oklahoma's first-degree felony murder statute to include the underlying crime of attempted robbery with a...

  • United States v. Lucas
    963 F2d 243
    Lucas was convicted of robbing U.S. Bank, Guaranty Center Branch, on August 20, 1990. On appeal, Lucas alleges that evidence obtained during questioning by FBI agents shortly after his arrest was ad...

  • Chronicle Publishing Co v. Rh Rison Martin
    962 F2d 959
    Because of appellant Martin's release on parole, we find that the entire case is now moot. The judgment of the district court, reported at 741 F.Supp. 1406 (N.D.Cal.1990), is VACATED and this matter...

  • United States v. Jennings
    966 F2d 184
    On September 16, 1991, we issued an opinion in this case. 945 F.2d 129. On page 135, footnote 1 of the opinion, we stated that "[t]he version of the [sentencing] guidelines in effect at the time of...

  • United States v. Quiroz Cortez
    960 F2d 418
    Jesus Quiroz-Cortez appeals his conviction for conspiracy to possess over 50 kilograms of marijuana with intent to distribute and aiding and abetting the substantive offense. Quiroz-Cortez raises on...

  • Crowley v. Commissioner Of Internal Revenue
    962 F2d 1077
    The Internal Revenue Service ("IRS") assessed a $206,935 deficiency against appellants Ralph and Frances Crowley based on their failure to declare, as taxable income in 1982, $443,769 in discretionary...

  • United States v. Laverne
    963 F2d 235
    Defendant/Appellant, Jerry Laverne, appeals the sentence he received under the United States Sentencing Guidelines for bank robbery. 18 U.S.C. § 2113(a) (1988); U.S.S.G. § 2B3.1. Laverne...

  • Marts v. Burfield
    961 F2d 216
    MEMORANDUM Sidney Marts, a Nevada state prisoner, appeals pro se the district court's dismissal of his complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Marts contends that h...

  • Thomas v. Gunter
    962 F2d 1477
    Barbara S. Blackman of Cherner and Blackman, Denver, Colo., for petitioner-appellant. Clement P. Engle, Asst. Atty. Gen., State of Colo. (Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Dep...

  • Armstrong v. United States
    961 F2d 216
    MEMORANDUM Brenda Armstrong appeals pro se the district court's denial of her motion to vacate sentence under 28 U.S.C. § 2255. Armstrong was sentenced to 78 months in prison after she uncondi...

  • Lowe v. Jb Hunt Transport Inc
    963 F2d 173
    James R. Lowe brought this action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., against his former employer, J.B. Hunt Transport, Inc. At the close of the plaintiff's...

  • Lowe v. Aldridge Oakes M
    958 F2d 1565
    Defendants-Appellants James Davis and Sharon Moody, Cobb County Police Officers; and Nancy Aldridge, a psychotherapist in private practice ("Defendants"), appeal from a district court denial of their...

  • Gonzalez v. United States
    959 F2d 211
    This appeal concerns denial of a petition for writ of habeas corpus because petitioner failed to exhaust his administrative remedies. We affirm. Petitioner Ivan Gonzalez was convicted on one count...

  • United States v. Warren
    961 F2d 218
    MEMORANDUM Darrell B. Warren appeals pro se his convictions, following a jury trial, for possession of five grams or more of cocaine base in violation of 21 U.S.C. § 844(a), possession of a fire...

  • United States v. Obiuwevbi
    962 F2d 1236
    In December 1989, Scott Obiuwevbi, a Nigerian national living in the United States, planned to fly from O'Hare Airport in Chicago to Lagos, Nigeria. But Obiuwevbi's plans were scuttled at the boardi...

  • Baker v. Smith Duy
    961 F2d 219
    In June 1987, Plaintiff-Appellant, Don R. Baker, an inmate in the United States Penitentiary at Lewisburg, Pennsylvania, filed an administrative tort claim alleging property loss due to the negligent ...

  • Lipscomb v. Simmons
    962 F2d 1374
    Oregon provides state-funded foster care benefits to all children placed by the state with non-relatives, but it does not provide state-funded foster care for children placed with relatives. We cons...

  • Samuel v. Estelle
    961 F2d 217
    MEMORANDUM After a finding by the jury that David Samuel was competent, and following his conviction for first degree murder, the California Supreme Court reversed because there was insubstantial evi...

  • United States v. J Rymer
    961 F2d 1580
    This is an appeal from a conviction for making false declarations to a federal grand jury in violation of 18 U.S.C. § 1623. The defendant contends (1) that the evidence against him was insuffic...

  • United States Of America v. Stone
    960 F2d 148
    The issue in this appeal is whether the admission at trial of the grand jury testimony of a murdered government witness violated the Confrontation Clause. We hold that it did not and consequently aff...

  • De La Rosa v. United States
    961 F2d 216
    MEMORANDUM Jose De La Rosa, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. De La Rosa, who pleaded guilty to possession w...

  • Christon v. Ingle
    961 F2d 216
    MEMORANDUM Petitioner Grant Wayne Christon (Christon) was charged in California state court with several counts of murder and attempted murder with special circumstances. He pled guilty to one coun...

  • United States v. Mora
    961 F2d 217
    MEMORANDUM Randy Lee Mora appeals his sentence, following a conviction on a guilty plea, for armed bank robbery in violation of 18 U.S.C. §§ 2113(a) and (d). Mora contends that the distri...

  • Williams v. Bunnell
    961 F2d 218
    MEMORANDUM John T. Williams, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. Williams was convicted of robbery and use o...

  • United States v. E Herbacek
    961 F2d 217
    MEMORANDUM Michael E. Herbacek appeals his sentence, following a conviction on a conditional guilty plea, for conspiracy to manufacture and distribute PCP in violation of 21 U.S.C. § 841(a)(1). ...

  • Sahni v. Lujan
    961 F2d 217
    MEMORANDUM Sudhir Sahni and William DeBernardi, trustees of the Ray C. Nordstrom Trust ("trustees"), appeal the district court's summary judgment in favor of the Secretary of the Interior and several...

  • United States v. Wright
    962 F2d 953
    This appeal requires us to decide whether McNeil v. Wisconsin, 501 U.S. ----, 111 S.Ct. 2204, 115 L.Ed.2d 158 (1991), which held that a defendant's invocation of the Sixth Amendment right to counsel a...

  • United States v. Sawyer
    961 F2d 217
    MEMORANDUM Sean Dorrold Sawyer appeals his sentence under the Sentencing Guidelines imposed following his guilty pleas to six counts of bank robbery. He contends that the district court improperly ...

  • United States v. Miller
    961 F2d 217
    MEMORANDUM Melvyn Miller appeals his jury conviction for bank robbery in violation of 18 U.S.C. § 2113(a) on three grounds: (1) that it was error to admit in-court identifications by three bank...

  • United States v. M Waloke
    962 F2d 824
    The appellant Mareno M. Waloke challenges his assault convictions in a jury trial on various grounds: The evidence does not support the convictions, the district court improperly admitted certain evi...

  • Flores v. Us Parole Commission
    961 F2d 1574
    Appeal From: D.Tex. AFFIRMED. ...

  • United States Of America v. Hamrick
    960 F2d 147
    Rodney Hamrick appeals from a jury verdict finding him guilty of threatening to assault and murder a federal district judge 18 U.S.C.A. § 115(a)(1)(b)(West Supp. 1991). We affirm. Hamrick was ...

  • United States v. Morrell
    960 F2d 144
    By order dated November 27, 1991, we deferred ruling on the issue of the timeliness of this appeal. We now conclude that we do not have jurisdiction. Appellant's motion to correct sentence, pursuant...

  • United States v. Cuozzo
    962 F2d 945
    During the spring and summer of 1989, appellants Alphonse Cuozzo and Karin Susan Monari represented to potential borrowers that they could broker a loan of one million dollars or more to borrowers abl...

  • Rosario v. Immigration and Naturalization Service
    962 F2d 220
    Under the United States immigration laws aliens who abuse their stay here, for example, by committing a crime, are rightfully deported. Recognizing that this disposition, even though deserved, is un...

  • United States v. Aker
    961 F2d 217
    MEMORANDUM Derek Aker appeals his sentence under the Sentencing Guidelines following his conviction by guilty plea to unlawfully receiving, possessing, and transferring a firearm, in violation of 26 ...

  • United States v. Splawn
    963 F2d 295
    Once again we are asked to consider whether the government can use the federal Wiretap Law, 18 U.S.C. § 2512(1)(b), to prosecute a defendant who admittedly manufactured and sold cloned satellite ...

  • United States v. Scherzer
    961 F2d 217
    MEMORANDUM Michael Scherzer was convicted by a jury of a total of six counts of wire fraud, in violation of 18 U.S.C. § 1343. Scherzer was sentenced to jail and ordered to pay restitution. O...

  • United States v. Turner
    961 F2d 217
    MEMORANDUM Ryan Keith Turner [Turner] pled guilty to conspiracy to commit bank robbery in violation of 18 U.S.C. § 371, and two counts of aiding and abetting in the commission of a bank robbery,...

  • United States v. Lee
    961 F2d 217
    Before CANBY, REINHARDT and WIGGINS Circuit Judges. MEMORANDUM** Cher Jerry Lee ("Lee") was convicted by a jury on April 11, 1991, of possession with intent to distribute a controlled substance (op...

  • Rach v. United States
    961 F2d 216
    MEMORANDUM** Frederick Rach, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his jury conviction for bail jumping. He contends that th...

  • United States v. Jenkins
    961 F2d 964
    This appeal from an order denying appellants' motion to suppress was considered on the record from the United States District Court for the District of Columbia and on the briefs and oral arguments of...

  • Rendon Ramos v. United States
    961 F2d 216
    MEMORANDUM Jorge Rendon-Ramos, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Rendon-Ramos contends the sentencing court ...

  • United States v. Abbott
    961 F2d 964
    This case was heard on the record from the United States District Court for the District of Columbia and on the briefs and oral arguments of counsel. After full consideration of the issues presented...

  • Lamoreaux v. Thomas
    961 F2d 216
    MEMORANDUM Ronald Glen Lamoreaux, an Arizona state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas petition without prejudice for failure to exhaust state ...

  • United States v. Chavez Gutierrez
    961 F2d 1476
    Miguel Angel Chavez-Gutierrez (Chavez-Gutierrez) appeals from the sentence of 45-months' months' imprisonment imposed following his guilty plea to aiding and abetting the distribution of a controlled ...

  • United States v. Winfield
    961 F2d 221
    Carl Alton Winfield appeals his conviction and sentence for the crime of bank robbery. He contends there was insufficient evidence of intimidation to sustain his conviction; that because of his tri...

  • United States v. Primrose
    961 F2d 964
    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...

  • Frye v. Board Of Prison Terms
    961 F2d 216
    MEMORANDUM Marcus Charles Frye, a former California state prisoner, appeals pro se the district court's dismissal for failure to state a claim of his 42 U.S.C. § 1983 action against prison offic...

  • Murrell v. R Crass
    960 F2d 151
    Edward Murrell filed a civil rights action pursuant to 42 U.S.C. § 1983. The district court dismissed the action and Murrell appeals that decision. We affirm in part, vacate in part, and rema...

  • United States v. Alexander Iii
    961 F2d 964
    This case was heard on the record from the United States District Court for the District of Columbia and on the briefs and oral arguments of counsel. After full consideration of the issues presented...

  • United States v. Byrkett
    961 F2d 1399
    Rick Leroy Byrkett appeals the eight-month sentence imposed by the district court upon revocation of his probation. We affirm. Byrkett pleaded guilty to forgery of an endorsement on a United State...

  • In Re Larry Nelson
    961 F2d 964
    Upon consideration of the application to proceed in forma pauperis and the petition for review, it is ORDERED that the application to proceed in forma pauperis be granted. The Clerk is directed to ...

  • United States v. McNeal
    961 F2d 221
    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. P Eccleston
    961 F2d 955
    Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG: A jury convicted Trevor P. Eccleston of narcotics and firearm offenses. Eccleston argues on appeal that the evidence was insufficien...

  • United States Of America v. Hawkins
    960 F2d 147
    Lawrence Lorenzo Hawkins appeals his sentence after pleading guilty to making a false statement to a licensed firearms dealer. 18 U.S.C.A. § 922(a)(6) (West Supp. 1991). He argues the district ...

  • Sanders v. United States
    961 F2d 217
    MEMORANDUM Ernie R. Sanders, a federal prisoner, appeals pro se the district court's summary dismissal of his 28 U.S.C. § 2255 motion to vacate his sentence. Sanders was convicted following en...

  • United States v. Copeland
    961 F2d 217
    MEMORANDUM Alan Copeland, a federal prisoner, appeals the district court's denial of his 28 U.S.C. § 2255 motion to reduce his sentence. Copeland contends that he has been deprived of his righ...

  • United States v. Tinson
    961 F2d 217
    Before CANBY, REINHARDT and WIGGINS, Circuit Judges MEMORANDUM Geraldine Tinson, defendant/appellant, appeals her conviction and sentence for possession with intent to distribute cocaine in violatio...

  • Irk v. Deeds Ag
    961 F2d 216
    MEMORANDUM Appellant John Michael Irk (Irk), appeals from the district court's (1) dismissal of his habeas corpus petitions for failure to exhaust his state court remedies, (2) dismissal of two 42 U....

  • United States v. Kinslow
    961 F2d 217
    MEMORANDUM Jimmy Neal Kinslow, a federal prisoner, appeals pro se the district court's summary denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Kinslow was convicted of five count...

  • Bonacci v. United States Parole Commission
    961 F2d 216
    MEMORANDUM Joseph A. Bonacci, a former federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2241 petition alleging that the United States Parole Commission (Commission...

  • United States v. Celaya
    961 F2d 217
    MEMORANDUM Joe Martin Celaya appeals pro se the district court's dismissal of his 28 U.S.C. § 2255 motion for correction of sentence. Celaya contends the district court erred by failing to ord...

  • United States v. Robinson
    961 F2d 217
    Before SCHROEDER and KOZINSKI, Circuit Judges, and REED, District Judge. MEMORANDUM The appellants were apprehended while transporting and delivering $5,417,000 in U.S. currency. They each pleade...

  • United States v. Asemota
    961 F2d 217
    Before EUGENE A. WRIGHT and ALARCON, Circuit Judges, FONG, District Judge. MEMORANDUM Bernitha Asemota appeals her convictions on one count of importing heroin (21 U.S.C. § 952), one count of ...

  • United States v. Wainwright D
    961 F2d 221
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this panel. See Fed.R.App.P. 34(e); 10th C...

  • United States v. Swenson
    961 F2d 221
    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. Kingston
    961 F2d 221
    Appellant, Paulette Kingston, appeals the District Court's denial of her motion for severance of defendants. A district court's denial of a motion to sever defendants will not be disturbed on appeal...

  • United States v. Robertson
    961 F2d 217
    MEMORANDUM Donneal Robertson appeals his sentence under the Sentencing Guidelines imposed after he pled guilty to conspiracy, wire fraud, mail fraud, and aiding and abetting, in violation of 18 U.S.C...

  • Washington v. Ylst
    961 F2d 218
    MEMORANDUM Cecil Burrell Washington, 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. Risle...

  • Swisher v. Hamilton F
    961 F2d 220
    This matter is before the court on plaintiff Paul Thomas Swisher's motion for leave to proceed on appeal without prepayment of costs or fees. In order to succeed on his motion, plaintiff must show b...

  • Bloemsma Iii v. United States
    961 F2d 216
    MEMORANDUM Herman Bloemsma, a federal prisoner, appeals pro se the denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. We have jurisdiction under 28 U.S.C. &#x...

  • Perez v. Hallahan
    961 F2d 216
    MEMORANDUM Efren Perez, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of the defendants in Perez's 42 U.S.C. § 1983 action. This court reviews de nov...

  • United States v. Hymer
    961 F2d 217
    MEMORANDUM Damon Ray Hymer appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to manufacturing marijuana, in violation of 21 U.S.C. § 841(a)(1). He contends...

  • United States v. M Cooper
    962 F2d 339
    Clyde Cooper appeals a district court order that revoked his supervised release, sentenced him to a period of incarceration, and reimposed another term of supervised release. Because we conclude tha...

  • Martin v. Trinity Industries Inc A
    959 F2d 45
    The Secretary of Labor petitioned to have Defendants held in contempt for interfering with a warrant-authorized inspection of a steel plant owned by Defendant Trinity Industries and managed by Defenda...

  • United States v. Rodriguez M
    959 F2d 193
    Appellants were convicted on various narcotics charges. At sentencing, the district court denied their request for a two level reduction in their offense levels for acceptance of responsibility. T...

  • United States v. T Saylor
    959 F2d 198
    Peter Saylor was convicted of receiving a videotape of minors engaging in sexually explicit conduct and of conspiracy in connection therewith in violation of 18 U.S.C. § 2252(a)(2) and 18 U.S.C. ...

  • Stephens Inc v. Geldermann Inc
    962 F2d 808
    Stephens, Inc., an Arkansas corporation, brought an action in federal district court against Geldermann, Inc., a Chicago based commodity futures merchant, for losses allegedly sustained through a hous...

  • Harden v. Trw Inc
    959 F2d 201
    This case concerns two claims, one sounding in contract and one in quantum meruit, brought by J. Mervin Harden against TRW, Inc. After trial, a jury awarded plaintiff/appellee Harden $166,090 on a q...

  • United States v. Brokemond
    959 F2d 206
    Appellant Brokemond appeals his conviction in the district court of conspiracy to possess and distribute and attempted possession and distribution of one kilogram of cocaine. Appellant raises two is...

  • Mai Basic Four Inc v. Basis Inc A B
    962 F2d 978
    Plaintiff-appellant MAI Basic Four, Inc. ("MAI") brought this diversity suit in the district court against defendant-appellee Basis, Inc. and defendants-appellees Olson, Amspoker and Kepler (collecti...

  • United States v. Green
    962 F2d 938
    John Anthony Green appeals his conviction of knowingly making photographs of United States currency in violation of 18 U.S.C. § 474 (1988). He contends: (1) the indictment failed to allege ess...

  • United States v. A Arnold
    961 F2d 1579
    Defendant, Bruce A. Arnold, appeals the sentence imposed under the sentencing guidelines following his conditional guilty plea to mail fraud and bank fraud. Arnold also claims that he received ineff...

  • United States v. Smith
    962 F2d 923
    Shawn Joaquin Smith appeals his conviction for attempted possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and use of a firearm ...

  • United States v. Ricci
    961 F2d 1580
    Defendant Tony Ricci, who pleaded guilty to cocaine distribution, here appeals the sentence imposed under the sentencing guidelines. He contends that the district court erred in calculating the amou...

  • United States v. Burnett
    961 F2d 1579
    This is an appeal from a conviction in a drug case that went to trial at a time when one of the defendants was voluntarily absent. The defendant, Bruce Eldon Burnett, makes two arguments on appeal: ...

  • Wilson v. Armontrout
    962 F2d 817
    Harold R. Wilson appeals from the decision of the district court denying his petition for habeas corpus. We affirm. Wilson had been involved in an affair with Patricia Wurtz, the wife of his frien...

  • Federal Insurance Company v. Ncnb National Bank Of North Carolina Ncnb
    958 F2d 1544
    This diversity damage suit grew out of a scheme by which a corporate employee embezzled substantial amounts from her employer by obtaining payment of corporate checks that had not been properly signed...

  • United States v. J Rogers
    962 F2d 342
    Thomas Rogers appeals his conviction under 31 U.S.C. § 5324(3) for structuring currency transactions with the purpose of evading a financial institution's obligation to report all such transactio...

  • McGuire Oil Company v. Mapco Inc
    958 F2d 1552
    McGuire Oil Company, Delta Oil Company and Diamond Gasoline Stations ("plaintiffs" or "appellants") brought suit in the Circuit Court of Mobile County, Alabama, against Mapco, Inc., and Mapco Petroleu...

  • United States v. Johnson
    962 F2d 579
    On August 16, 1991, defendant Manapurath Eappen Johnson filed a "Petition for Writ of Audita Querela, Writ of Coram Nobis, or a Writ under the All-Writs Act" ("petition"), requesting that his 1983 cri...

  • Johnson v. Immigration and Naturalization Service
    962 F2d 574
    Petitioner Manapurath Eappen Johnson is a native of India who faces an order of deportation as a result of a conviction under the Controlled Substances Act, 21 U.S.C. § 802. He appeals a decisi...

  • Ledoux v. J Davies D
    961 F2d 1536
    Plaintiff-appellant Larry Ledoux appeals an order entering summary judgment in favor of Defendants-appellees Steven J. Davies, the former Secretary of Corrections for the State of Kansas, Raymond Robe...

  • United States v. Dry
    962 F2d 15
    Before EUGENE A. WRIGHT, ALARCON, Circuit Judges, and FONG, District Judge MEMORANDUM I. FACTS. The defendant/appellant, Jerry Lynn Dry, and the victim, Marcell Lynn Fisk, were neighbors. At ap...

  • Elam v. United States
    960 F2d 145
    Craig Elam appeals from the district court's order granting Defendant's Motion to Dismiss Elam's Federal Tort Claims Act claims for failure to exhaust administrative remedies and granting summary judg...

  • Dellorfano v. Romano
    962 F2d 199
    John J. Dell'Orfano, a state prisoner, appeals pro se from a judgment, entered on May 8, 1991, in the United States District Court for the Eastern District of New York, Wexler, Judge, after a non-jury...

  • United States v. Bambrick
    961 F2d 220
    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 ...

  • May v. Champion
    961 F2d 220
    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. Winters
    961 F2d 221
    Defendant-appellant Neil Warren Winters pled guilty to distribution of psilocybin, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(c); 18 U.S.C. § 2, resulting in an offense level of ten with a crim...

  • United States v. S Spillan
    961 F2d 1580
    Defendant Michael S. Spillan appeals from his jury convictions for using a false Social Security number, in violation of 42 U.S.C. § 408(g)(2); uttering counterfeit securities, in violation of 1...

  • United States v. J Loney
    959 F2d 1332
    Andrew Loney participated in a scheme with an employee of American Airlines to add bogus mileage to frequent flyer accounts and to issue award coupons based upon that mileage. He now challenges his ...

  • Tamborrino v. Myers
    962 F2d 15
    California concedes that the trial judge's questions violated attorney-client privilege. However, it contends that granting Tamborrino habeas relief would create a "new rule" in violation of Teague...

  • United States v. Evans
    962 F2d 15
    Before EUGENE A. WRIGHT and ALARCON, Circuit Judges, and DAVIES, District Judge. MEMORANDUM Randall Evans and 22 other individuals were indicted under a Superseding Indictment charging them with vi...

  • Rivera Sanchez v. Crist
    962 F2d 14
    MEMORANDUM The petitioner, Jose Alberto Rivera-Sanchez, was convicted of four counts of aggravated assault and one count of attempted murder in Arizona Superior Court on March 2, 1987. He appealed ...

  • United States v. Munoz Patino
    962 F2d 15
    MEMORANDUM Sergio Munoz-Patino appeals from his conviction on several counts of violating federal narcotics laws, arguing that there was insufficient evidence to support his conviction on those count...

  • United States v. Maxey
    962 F2d 15
    The government presented abundant evidence through arresting officers to prove that Maxey constructively possessed the firearm found under his car seat after he exited the vehicle. United States v. ...

  • Osborn v. Angelone
    962 F2d 14
    MEMORANDUM Clifford Osborn appeals the district court's denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Osborn claims that the Nevada state court committed const...

  • United States v. Washington
    962 F2d 16
    Before CANBY and KOZINSKI, Circuit Judges, and CARROLL, District Judge MEMORANDUM Appellant Joseph Washington and co-defendants Marvin Perkins and Danilo Frias were indicated and charged with having...

  • Sundstrom v. L Powell Nh
    960 F2d 143
    Petitioner-appellant Knute Sundstrom filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 in the United States District Court for the District of New Hampshire. Sundstrom alleged ...

  • United States v. Wilson
    962 F2d 16
    Before CHOY, FARRIS and RYMER, Circuit Judges MEMORANDUM Yvonne Wilson, Sam Merit, Oded Benary, Eldon Bollinger, Tom Leding, and J.F. Spann were indicted on one count of wire fraud (18 U.S.C. §...

  • Gordon v. City Of Seaside California
    962 F2d 13
    MEMORANDUM Donald and Shirley Gordon, for themselves and as guardian ad litem for their children, Marshall and Connie Gordon, instituted a 42 U.S.C. § 1983 action against the City of Seaside and...

  • Greenawalt v. R Ricketts Doc
    961 F2d 1457
    The panel as constituted above has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. The full court has been advised of the suggestion for rehearing en ban...

  • United States Of America v. Mitchell
    960 F2d 147
    Donna Triggs Mitchell pled guilty to one count of crack cocaine distribution (21 U.S.C. § 841) and appeals the guideline sentence imposed on her. We affirm. Mitchell and her source, Henry Davi...

  • Oliver v. United States
    961 F2d 1339
    In 1973, Curtis C. Oliver pleaded guilty to two related federal bank robbery charges. See 18 U.S.C. § 371 (conspiracy to commit bank robbery) and § 2113(d) (bank robbery). Over seventeen...

  • United States v. Kloor
    961 F2d 1393
    Edward Kloor appeals his sentence of twenty-one months imposed by the district court after he pleaded guilty to possession with intent to distribute cocaine under 21 U.S.C. §§ 843(b) and 841...

  • Lipp v. Shue and Voeks Inc
    961 F2d 1577
    Paul Lipp filed this hybrid Section 301 claim against his employer, Shue & Voeks, Inc., and Teamsters Local 332. Lipp's complaint charged that Shue & Voeks had discharged him in violation of...

  • United States v. Rauer
    963 F2d 1332
    LOGAN and BRORBY, Circuit Judges, and OWEN, District Judge. Francis Leland Pico, Asst. U.S. Atty., Cheyenne, Wyo. (Richard A. Stacy, U.S. Atty., Aleksander D. Radich, Asst. U.S. Atty., Cheyenne, Wy...

  • United States v. Mason
    961 F2d 1460
    Commer Lee Mason (Mason) appeals from the sentence imposed following his plea of guilty to conspiring to distribute a substance containing a cocaine base. Mason contends that we must vacate the sent...

  • Phillips v. Caldwell Cw Jc D J P
    960 F2d 151
    Rodney Phillips was convicted in Illinois and is a prisoner in the Danville Correctional Center. Phillips was formerly held at the Centralia Correctional Center (Centralia), and later the Menard Cor...

  • Sauceman v. City Of Girard Ohio
    961 F2d 1578
    The relevant facts are set forth in the district court's Memorandum accompanying its decisions on the merits of the case and the attorney's fees proceedings and need not be restated herein. For the ...

  • United States Of America v. Shanklin
    960 F2d 148
    Billy Shanklin seeks review of a district court judgment and order sentencing him to fifteen months incarceration, three years of supervised release, and a $50 criminal assessment based on his convict...

  • Dobson v. Young A
    960 F2d 151
    Willie Dobson filed a lawsuit against various prison officials pursuant to 42 U.S.C. § 1983 citing violations of his Eighth Amendment right to be free from cruel and unusual punishment, as well a...

  • United States Of America v. Lewis Jr
    960 F2d 147
    Raymond Lewis appeals his conviction for carrying a firearm during a crime of violence in violation of 18 U.S.C.s 924(c)(1) (1988). Lewis contends that the weapon he used to rob a bank in St. Andrews...

  • United States v. W Maestas
    961 F2d 221
    Defendant-appellant David W. Maestas was charged with two counts of making false statements on a Collection Information Statement, Form 433A, which he completed pursuant to an I.R.S. collection effort...

  • United States Of America v. Gibbs
    960 F2d 147
    Kevin James Gibbs and Michael Victor Whatley appeal their convictions for robbing a bank with the aid of a dangerous weapon (18 U.S.C. § 2113(a) & (d) (1988)) and using a firearm to assist in...

  • Phershayaphai v. Us Immigration and Naturalization Service
    960 F2d 146
    Pronchai Phershayaphai appeals from a decision of the Board of Immigration Appeals denying his application for a waiver of inadmissibility to the United States. Because the Board did not abuse its di...

  • United States v. Pratt
    961 F2d 221
    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...

  • United States v. Saiz
    961 F2d 221
    Appeal from the United States District Court for the District of New Mexico, No. CR-90-251-JP. Teresa E. Storch, Assistant Federal Public Defender, Albuquerque, N.M., for defendant/appellant. Will...

  • United States v. Merit
    962 F2d 917
    In 1987, Sam Merit and five co-defendants were indicted on one count of wire fraud (18 U.S.C. § 1343), ten counts of interstate transportation of a victim of fraud (18 U.S.C. § 2314), one co...

  • United States v. D Milner
    962 F2d 908
    Larry Milner appeals his jury conviction for conspiracy and possession of heroin with intent to distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1) (1988). He argues that his convic...

  • Fry v. Bureau Of Prisons T R Usp
    960 F2d 151
    Michael Fry appeals the district court's denial of his petition for a writ of habeas corpus. Fry alleged that prison officials at the federal prison camp in Terre Haute, Indiana, violated his Fourte...

  • United States v. Sanchez
    961 F2d 221
    Before SEYMOUR and ANDERSON, Circuit Judges, and SAM, District Judge. ORDER AND JUDGMENT DAVID SAM, District Judge. After examining the briefs and appellate record, this panel has determined unan...

  • United States v. Hurley
    960 F2d 143
    A 152-count indictment returned in November 1991 charges thirteen persons with various offenses in connection with an alleged international money-laundering scheme. Vincent Hurley, one of the named d...

  • United States v. E Shelton
    961 F2d 217
    MEMORANDUM Robert E. Shelton appeals his sentence following his guilty plea to conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) & 846. Shelton contend...

  • Fields v. United States
    963 F2d 105
    Petitioner, Percy William Fields, appeals the denial of a motion to vacate his sentence, brought pursuant to 28 U.S.C. § 2255, which followed his guilty plea and conviction for carrying a firearm...

  • United States v. Brown
    960 F2d 147
    Amos Brown appeals from the district court's order refusing relief under 28 U.S.C. § 2255 (1988). We affirm. Brown was convicted by a jury of bank robbery and several related offenses and sent...

  • In Re Donald L Bowers and Janet E Bowers
    960 F2d 145
    Donald and Janet Bowers were convicted of several counts of federal income tax evasion; their convictions were affirmed by this Court. United States v. Bowers, 920 F.2d 220 (4th Cir. 1990). The Bo...

  • United States v. M James
    960 F2d 147
    Charles M. James appeals from the order of the district court entering judgment following his plea of guilty to possession of an unregistered sawed-off shotgun in violation of 26 U.S.C.s 5861 (1988). ...

  • Nabers v. Superintendent California Medical Facility
    961 F2d 216
    MEMORANDUM The district court granted a writ of habeas corpus on the ground that Nabers did not intend to waive his right to a jury trial. We reverse. * The topic of jury waiver was raised in cou...

  • United States v. Davis
    961 F2d 217
    MEMORANDUM Kenneth Dewayne Davis appeals his sentence imposed under the Sentencing Guidelines ("U.S.S.G.") following his guilty plea to interstate transportation of a motor vehicle in violation of 18...

  • Goree v. Winnebago Industries Inc
    958 F2d 1537
    The plaintiff-appellant, Gregory S. Goree, filed this action for damages pursuant to the Alabama Extended Manufacturer's Liability Doctrine ("AEMLD") against Winnebago Industries, Inc. ("Winnebago") ...

  • United States v. Barragan
    961 F2d 217
    MEMORANDUM Gabriel Barragan appeals his sentence under the United States Sentencing Guidelines ("Guidelines") following a guilty plea to aiding and abetting the distribution of a controlled substance...

  • Wayne Lowe v. Federal Deposit Insurance Corporation
    958 F2d 1526
    On April 16, 1990, the Federal Deposit Insurance Corporation (FDIC) issued an order assessing civil money penalties against petitioners, pursuant to the Federal Deposit Insurance Act (FDIA), 12 U.S.C....

  • Naturist Society Inc Ta v. Fillyaw D
    958 F2d 1515
    In this case, we hold that the John D. MacArthur Beach State Park is a public forum and remand the case to the district court for proceedings consistent with our holding. BACKGROUND The Naturist Soci...

  • Choudhry v. United States Of America
    960 F2d 143
    Mohammad Amjad Choudhry, a Pakistani national, appeals from a district court judgment denying his motion to vacate his conviction for knowingly having in his control or possession a "plate in the like...

  • United States v. Uk Kim
    961 F2d 218
    MEMORANDUM Yong Uk Kim appeals his conviction following his guilty plea to knowingly and intentionally distributing in excess of 100 grams of methamphetamine, in violation of 21 U.S.C. §§ 8...

  • San Filippo v. Bongiovanni S S M H
    961 F2d 1125
    In this certified interlocutory appeal Rutgers, the State University of New Jersey (Rutgers or the University), its Board of Governors (Board) and the Board's individual members appeal an order of the...

  • United States v. Boyd
    961 F2d 220
    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. Ward
    961 F2d 1526
    In Florida v. Bostick, --- U.S. ----, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991), the Supreme Court rejected a per se rule that would prohibit law enforcement officers from questioning bus passengers abou...

  • Swafford Da Eh v. Combustion Engineering Inc
    961 F2d 1579
    Plaintiff Swafford appeals the District Court's dismissal of an action arising under ERISA and the Labor Management Relations Act. We find that the District Court properly interpreted the language of...

  • United States v. Anderson
    961 F2d 1579
    Defendant Roger Sherman Anderson appeals from his conviction on three counts of aggravated sexual abuse. 18 U.S.C. § 2241(a)(1) and (2). On appeal, Anderson claims that (1) the district court ...

  • United States v. Shattuck
    961 F2d 1012
    Appellant challenges the concurrent twenty-seven month sentences imposed under the Sentencing Guidelines following his conviction on forty felony counts charging bank fraud, see 18 U.S.C. § 1344,...

  • United States v. Osten
    961 F2d 1579
    Defendants appeal the order of the district court affirming their judgments and ten-month sentences for violations of 26 U.S.C. § 7206(1) in connection with the filing of their income tax returns...

  • United States v. Moore
    961 F2d 1579
    The defendant, Clarence Moore, appeals his convictions for bank robbery. This case was initially heard in May of 1991 upon three issues raised by Moore: (1) whether the district court erred in deny...

  • Gh Owen v. Penton Publishing Inc
    961 F2d 1578
    Plaintiff G. Henry Owen appeals the district court's grant of summary judgment for defendant Penton Publishing, Inc., in this action alleging age discrimination in his termination from his employment ...

  • United States v. Morton
    961 F2d 1579
    In this case, we are called upon to review the validity of a search warrant issued upon a finding of probable cause to believe that a residence was being used to store alcohol for sale in violation of...

  • Senk v. Village Of Northfield
    961 F2d 1578
    This is a civil rights action that was brought in federal court by a husband and wife who alleged, among other things, that excessive force was used in arresting the husband after his participation in...

  • United States v. M James
    961 F2d 964
    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. F Maples
    961 F2d 1579
    Defendant Donald F. Maples, Jr. appeals the District Court's denial of his motion to suppress evidence. For the following reasons, we AFFIRM the District Court. On July 9, 1990 at about 8:00 p.m.,...

  • Gockley v. Lemmond
    961 F2d 219
    After examining the briefs and the 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); T...

  • United States v. Goldfaden
    959 F2d 1324
    Appellant Herman Goldfaden appeals his sentence of three years' imprisonment for violating the Clean Water Act, 33 U.S.C. §§ 1251-1387. In September 1990, Goldfaden and his company, Contro...

  • United States v. W Lowry Iii
    961 F2d 1579
    Defendant George Lowry, III, appeals his jury conviction for possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). On appeal, the issues are (1) whether the district court a...

  • United States v. Torres Perez
    961 F2d 217
    MEMORANDUM Joaquin Torres-Perez was convicted of aiding and abetting possession of cocaine with intent to distribute under 21 U.S.C. § 841(a)(1) (1988). He appeals the district court's refusal...

  • United States v. S Barnett
    961 F2d 1327
    Pamela S. Barnett pleaded guilty to two counts of mail fraud, in violation of 18 U.S.C. § 1341. The district court sentenced Barnett to five years' probation. Barnett subsequently pleaded guil...

  • Monteleone v. Us Parole Comm
    961 F2d 1571
    Appeal From: E.D.La. AFFIRMED. ...

  • United States v. Coyote
    963 F2d 1328
    Ms. Coyote was indicted and convicted of three felony crimes: Conspiracy to possess and distribute methamphetamine; use of a communication facility to facilitate the distribution of methamphetamine;...

  • United States v. Beal
    961 F2d 1512
    The government appeals from an order granting defendant Floyd Dewayne Beal's motion for judgment of acquittal. In a two count indictment, the defendant was charged with participating in two discrete...

  • Gomez v. United States District Court For Northern District Of California A 767
    503 US 653
    Harris claims that his execution by lethal gas is cruel and unusual in violation of the Eighth Amendment. This case is an obvious attempt to avoid the application of McCleskey v. Zant, --- U.S. ----,...

  • United States v. Stanberry
    963 F2d 1323
    Mr. Stanberry was convicted of thirteen felony counts which included one count of conspiracy to possess and distribute methamphetamine and twelve other drug related counts. On appeal, Mr. Stanberry ...

  • United States America v. Russell
    963 F2d 1320
    Mr. Russell was convicted of three felonies including conspiracy to possess and distribute methamphetamine, use of a communication facility to facilitate the distribution of methamphetamine, and the d...

  • United States v. G Ramos
    961 F2d 1003
    Samuel G. Ramos entered a conditional plea of guilty pursuant to an indictment charging him with five counts of possession of a firearm by a person convicted of a crime punishable by imprisonment for ...

  • United States v. Mendoza Vasquez
    960 F2d 153
    MEMORANDUM Eduardo Mendoza-Vasquez ("Mendoza") appeals his jury conviction pursuant to 8 U.S.C. § 1324(a)(1)(B) for transportation of illegal aliens. Mendoza claims the district court erred by...

  • United States v. Baker
    961 F2d 1390
    Raymond Henry Baker appeals from a final judgment entered in the United States District Court for the Eastern District of Missouri, after an Alford plea, finding him guilty of one count of possession ...

  • United States v. Hock
    960 F2d 153
    MEMORANDUM Laban Donald Hock appeals from his jury conviction of 29 counts of mail fraud in violation of 18 U.S.C. § 1341, and one count of causing the interstate transportation of property obta...

  • United States v. Preston
    960 F2d 150
    Defendants Gary and Michael Preston appeal their convictions for excavating archaeological resources on public land in violation of 16 U.S.C. § 470ee(a) and willfully injuring United States prope...

  • Taylor v. Freeland and Kronz
    503 US 638
    Section 522(l ) of the Bankruptcy Code requires a debtor to file a list of the property that the debtor claims as statutorily exempt from distribution to creditors. Bankruptcy Rule 4003 affords credi...

  • United States Of America v. Watkins Jr
    960 F2d 148
    ARGUED: Warren Gary Kohlman, Kohlman & Rochon, Washington, D.C., for Appellants. Jeanne Marie Hauch, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: R...

  • McLaughlin
    962 F2d 187
    This case draws us once again into the thicket created by civil actions under the Racketeer Influence and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. (RICO). The plaintiffs, Thomas McLa...

  • United States v. Avx Corporation
    962 F2d 108
    The National Wildlife Federation (NWF), an intervenor below, tries to appeal the entry of a consent decree concerning the cleanup of New Bedford Harbor. NWF bills the appeal as one involving critica...

  • United States v. Chestna
    962 F2d 103
    The defendant, Mary Lou Chestna, was convicted, after jury trial, of conspiracy to possess with intent to distribute and distribution of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(...

  • United States v. Thomas
    961 F2d 1110
    This appeal involves the validity of an upward departure under the Sentencing Guidelines. Because we find that the factors relied on by the district court in departing upward were adequately conside...

  • United States v. Kattar
    960 F2d 144
    In these consolidated appeals, Peter Kattar, Sayed Hachem and David Abdoo appeal from the decision of the United States District Court for the District of Massachusetts denying their requests for rele...

  • United States v. Apple
    962 F2d 335
    Sherrie and Stacy Apple were convicted of multiple felony narcotics counts, including conspiracy to possess with intent to distribute five kilograms of cocaine. In an earlier appeal from the convicti...

  • Parham v. M Lumpkin
    960 F2d 146
    Charles E. Parham and Mary L. Parham appeal from the district court's order dismissing this action without prejudice for failure to comply with the court's order to demonstrate exhaustion as to those ...

  • Wills v. Helling
    960 F2d 153
    MEMORANDUM Appellants Edward F. Wills and Kenneth L. Krause appeal from the district court's denial of their claims under 28 U.S.C. § 1983 in which they alleged they were denied procedural due p...

  • White v. A Collins
    959 F2d 1319
    Billy Wayne White is under a sentence of death and is scheduled for execution by the State of Texas on April 23, 1992. The district court rejected White's habeas petition and he seeks a certificate ...

  • United States v. Ramirez Melgosa
    960 F2d 153
    MEMORANDUM Ramirez-Melgosa pled guilty to possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). At sentencing, the district court correctly concluded that the ...

  • United States Department Of Energy v. Ohio Ohio
    503 US 607
    The question in this case is whether Congress has waived the National Government's sovereign immunity from liability for civil fines imposed by a State for past violations of the Clean Water Act (CWA)...

  • United States Of America v. Kimble
    960 F2d 147
    George Ramon Kimble appeals from his convictions of possession with the intent to distribute cocaine, use of a firearm in relation to a drug trafficking offense and possession of an unregistered shotg...

  • United States v. Laguna Flores
    961 F2d 221
    Defendant-appellant Jesus Valentin Laguna-Flores appeals his conviction under 18 U.S.C. § 1546 of knowingly subscribing as true a false statement with respect to a material fact in an application...

  • United States v. Beard
    960 F2d 153
    MEMORANDUM Bernard Beard was arrested and charged with conspiracy and possessing cocaine with the intent to distribute in violation of federal law. Beard was released on a $15,000.00 appearance bon...

  • Finley v. Attorney General Of State Of Arizona
    960 F2d 152
    MEMORANDUM Petitioner Willie Ray Finley, proceeding pro se, appeals the district court's grant of summary judgment denying a writ of habeas corpus, 28 U.S.C. § 2254, based on his failure to show...

  • United States v. Jennings
    960 F2d 153
    Before HUG and PREGERSON, Circuit Judges, and PECKHAM, District Judge. MEMORANDUM Joel Jennings was convicted by a jury of eight counts of making false statements, in violation of 18 U.S.C. § ...

  • United States v. Benally
    960 F2d 153
    MEMORANDUM In sentencing Benally on Count I, the district court relied on: (1) evidence of other criminal conduct contained in the Presentence Report and (2) FBI reports describing additional instan...

  • Trahan v. City Of Oakland
    960 F2d 152
    MEMORANDUM Mary Trahan filed a section 1983 and state law assault and battery suit against Gabriel Cervantes, a police officer, and the City of Oakland. She alleged excessive use of force. The ju...

  • Klein v. Kindt
    960 F2d 151
    John Klein, a federal prisoner, seeks to set aside a detainer filed against him by state officials as being in violation of his due process rights. See 28 U.S.C. § 2254. The district court su...

  • United States v. Shah
    960 F2d 153
    MEMORANDUM Shah and others were indicted for conspiracy to possess with intent to distribute and to distribute cocaine and marijuana in violation of 21 U.S.C. § 846, and conspiracy to defraud th...

  • United States v. Malindez
    962 F2d 332
    The issue presented in this appeal is whether, after Powers v. Ohio, --- U.S. ----, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991), the defendant in a criminal trial must still establish a prima facie case of...

  • United States Of America v. L Adams
    960 F2d 147
    Stacy L. Adams appeals his convictions for driving under the influence of an intoxicant and for driving while his license was suspended, as the result of an incident which occurred in April 1990 at La...

  • Obrien v. Rowland
    960 F2d 152
    MEMORANDUM Jerry O'Brien appeals the denial of his habeas corpus petition, 28 U.S.C. § 2254. This court has jurisdiction, 28 U.S.C. § 2253, and we affirm. Petitioner was sentenced to de...

  • United States v. Telesco
    962 F2d 165
    Appellants Donato Telesco and Scott Linskey appeal from sentences imposed by Judge Daly following their guilty pleas to a charge of conspiracy to distribute more than 500 grams of cocaine, in violatio...

  • Hopson v. Fredericksen
    961 F2d 1374
    Plaintiff-appellant John Hopson (Hopson) appeals from the judgment and order of the district court affirming the jury's verdict in favor of defendant-appellee Nicholas Fredericksen (Fredericksen), a p...

  • United States v. Smith
    961 F2d 1389
    Paul Dean Smith appeals the sentence imposed by the district court on his guilty plea to possession of marijuana with intent to distribute it in violation of 21 U.S.C. §§ 841(a)(1) and 845(a...

  • Forbus v. Sears Roebuck and Company Forbus J R
    958 F2d 1036
    In Case No. 91-7358, Sears, Roebuck & Company ("Sears") appeals the district court's order denying Sears' motion for reconsideration of the denial of summary judgment on the issue of whether Verna...

  • United States v. Guariglia
    962 F2d 160
    Defendant-appellant Anthony Guariglia appeals from a judgment of conviction entered on June 3, 1991 in the United States District Court for the Southern District of New York (Mukasey, J.) after a jury...

  • Moss v. Al Lockhart Adc
    971 F2d 77
    John T. Moss appeals the denial of his petition for writ of habeas corpus brought under 28 U.S.C. § 2254 (1988). Moss is serving a life sentence following his state court conviction of capital ...

  • United States v. Rojo Aguilar
    960 F2d 153
    MEMORANDUM This case addresses whether two border patrol agents had reasonable suspicion to stop a pickup truck, a subsequent search of which yielded 136 pounds of marijuana. Jose M. Rojo-Aguilar a...

  • United States v. Hildenbrand
    960 F2d 153
    MEMORANDUM Steven Hildenbrand appeals his convictions for conspiracy to import marijuana and for aiding and abetting the illegal importation of marijuana. He cites as error the trial court's admiss...

  • Lawson v. Cooper
    961 F2d 220
    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 ...

  • Oliveros v. Office Of Personnel Management
    965 F2d 1064
    On April 21, 1990, Lorenzo P. Oliveros applied for an annuity under the Civil Service Retirement Act (CSRA). His application was twice rejected by the Office of Personnel Management (OPM). Olivero...

  • United States v. Stark
    961 F2d 221
    This appeal raises two issues. First, did the Government, by prosecuting the instant offense, plainly violate a plea agreement entered into with the Defendant on a prior indictment? Second, did th...

  • McArdle v. J Tronetti
    961 F2d 1083
    Paul J. McArdle appeals the dismissal of his complaint, which alleges federal constitutional and state torts. While serving a brief term of imprisonment for disorderly conduct, McArdle was involunta...

  • United States v. Rodriguez
    961 F2d 1089
    Zaida Rodriguez appeals from a judgment of sentence following conviction for two drug-related offenses. Rodriguez advances arguments concerning the interpretation and constitutionality of the so-cal...

  • United States v. S Barry
    961 F2d 260
    Marion S. Barry appeals a district court order that, on remand, resentenced him to six months' imprisonment for possession of cocaine. First, Barry claims that a lecture delivered by the sentencing ...

  • United States v. A Brimberry
    961 F2d 1286
    Defendant-appellant Janice A. Brimberry was convicted of making and subscribing a false Internal Revenue Service Collection Information Statement in violation of 26 U.S.C. § 7206(1) and attempted...

  • Holt v. Caspari
    961 F2d 1370
    Dale Holt, a Missouri inmate, appeals from the district court's dismissal, prior to service of process, of his 42 U.S.C. § 1983 (1988) action alleging prison officials violated his due process ri...

  • United States v. Morales
    961 F2d 1428
    Defendant Edwin Morales was convicted of possession of 2.27 kilograms of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1), and sentenced to 131 months in prison. ...

  • Hayes v. M Russo
    960 F2d 149
    Plaintiff appeals the District Court's Judgment for Defendants in this action, filed pursuant to Title VII of the Civil Rights Act of 1964 (42 U.S.C.S. §§ 2000e, et seq.) for an alleged raci...

  • United States v. G Kay
    961 F2d 1505
    Defendant-appellant Miles Kay appeals from a sentence of five years' detention, five years' supervised release, and a $1,500 fine. The district court imposed this sentence after Kay pled guilty to a...

  • United States v. Tobi
    960 F2d 150
    This is an appeal of a criminal sentence challenging the district court's refusal to find that defendant had accepted responsibility and the court's determination of the amount of loss used for calcul...

  • United States v. Njemanze
    960 F2d 150
    Defendant Edmund Njemanze appeals his sentence imposed by the district court pursuant to his guilty plea to importing and aiding and abetting the importation of heroin in violation of 21 U.S.C. §...

  • United States v. Cofield
    960 F2d 150
    In this criminal case, defendant Keenan Kester Cofield was convicted of wire fraud, pursuant to 18 U.S.C. § 1343. Cofield is a scam artist, whose scheme involved causing newspapers to print a f...

  • United States v. B Battle
    960 F2d 150
    Defendant Dexter Battle, convicted on four counts of possessing and distributing crack cocaine, seeks a new trial on the grounds that the prosecutor pursued a prejudicial line of inquiry and introduce...

  • Pierce v. Mills
    960 F2d 150
    Steven Pierce was convicted in Tennessee state court of murder in the second degree and assault with intent to commit murder in the second degree. His direct appeals to the Criminal Court of Appeals...

  • United States v. G Pittman
    960 F2d 150
    Defendant appeals the District Court sentence on his guilty plea to passing a counterfeit Federal Reserve note. Defendant asserts that the District Court judge erred in failing to adequately conside...

  • United States v. Love
    960 F2d 150
    Defendant Samuel Morgan Love ("Love") was acquitted by a jury of all four counts of an indictment charging him with conspiracy to possess and possession with intent to distribute marijuana and the unl...

  • Rich v. United States
    960 F2d 152
    MEMORANDUM Vernon Leroy Rich was convicted of four counts of bank robbery, one count of attempted bank robbery and one count of escape from federal custody. After this court affirmed his sentence, ...

  • Society Of Separationists Inc v. Herman
    959 F2d 1283
    Robin Murray-O'Hair and the Society of Separationists alleged that a state judge excluded O'Hair from a venire and held her in contempt because she refused on religious grounds either to swear or to a...

  • Robertson v. United States
    960 F2d 152
    MEMORANDUM John Stuart Robertson appeals pro se the district court's dismissal of his claim as frivolous under to 28 U.S.C. § 1915(d). Finding that Robertson's complaint makes out a cognizable...

  • Equal v. West
    959 F2d 1277
    Elenoria Anderson and Betty Jo Lewis appeal the decision of a federal magistrate to dismiss their respective title VII complaints. They challenge the jurisdiction of the magistrate to preside over, ...

  • Lee v. United States
    960 F2d 149
    Donald E. Lee, a pro se federal prisoner, appeals a district court order which denied his motion to vacate, set aside or correct sentence filed pursuant to 28 U.S.C. § 2255. This case has been ...

  • United States v. Harvey
    961 F2d 1361
    Melissa Ann Harvey and Lisa Marie Flagella appeal from the district court's denial of their motions to suppress evidence. We affirm. Harvey and Flagella were travelling across the country on a Gre...

  • United States Of America v. Fruetel
    960 F2d 147
    Patricia Fruetel pled guilty to a one-count information which charged her with conspiracy to distribute and to possess with intent to distribute more than five hundred grams of cocaine (21 U.S.C. ...

  • United States v. Rhymes
    960 F2d 153
    MEMORANDUM A. The district court did not abuse its discretion when it denied defendant's motion to withdraw his guilty plea because he did not anticipate the outcome in United States v. O'Neal, 910 ...

  • Nicholson v. J Moran
    961 F2d 996
    On or about March 24, 1989, Robert Nicholson, an inmate of the Rhode Island Adult Correctional Institute, filed a pro se Complaint against John J. Moran, the Director of the Rhode Island Department of...

  • United States Of America v. McClure
    960 F2d 147
    Kevin Lealand McClure pled guilty to conspiring to distribute crack cocaine (21 U.S.C. § 846 (1988)). He appeals the sentence imposed and we affirm. After his guilty plea, McClure was released...

  • Parson v. Gl Henman
    961 F2d 220
    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 Of America v. McKarn Mac
    960 F2d 147
    Sean McKarn pled guilty to distribution of crack cocaine within 1,000 feet of a school (21 U.S.C. § 841(a) (West 1988) and § 845a (1988), transferred to 21 U.S.C. § 860 (Supp. II)). H...

  • United States Of America v. Clements
    960 F2d 147
    Donald Clements was convicted by a jury of burglary, larceny, trespass, communicating threats, and assaulting an officer. He was sentenced to a total of ninety-six months imprisonment. On appeal, Cl...

  • United States Of America v. King
    960 F2d 147
    The present case involves an appeal by Billy Elmore King ("Mr. King") and his wife, Dorothy Edwards King ("Mrs. King") from a district court order, sentencing them to 188 months and 96 months, respect...

  • McDaniel v. Al Lockhart
    961 F2d 1358
    Timothy Ellis McDaniel appeals the district court's denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. McDaniel claims that the district court erred in denying his p...

  • United States v. Milligan
    958 F2d 345
    This case raises the issue of whether a post office window clerk is in a position of trust within the meaning of the enhancement provisions of the Sentencing Guidelines. The district court so held i...

  • United States v. J Haley
    960 F2d 151
    Before BAUER, Chief Judge, POSNER, Circuit Judge, and NOLAND, Senior District Judge. Robert Haley was charged with conspiracy to manufacture more than 1,000 marijuana plants, in violation of 21 U.S....

  • Heldman Th v. Sobol
    962 F2d 148
    This case presents the question of whether the parent of a child with a disabling condition who is challenging an alleged system-wide violation of the Individuals with Disabilities Education Act ("IDE...

  • United States v. Avila
    960 F2d 152
    Before EUGENE A. WRIGHT and ALARCON, Circuit Judges, and FONG, District Judge MEMORANDUM Maria Avila, Adrian Maldonado, Ana Reyes (A. Reyes), and Jose Reyes (J. Reyes) appeal from the judgment of c...

  • United States v. Williams
    958 F2d 337
    Appellant Walter N. Williams pleaded guilty to stealing United States mail. The United States District Court for the Middle District of Florida sentenced Williams to an eight-month prison term. In...

  • United States v. Winkel
    960 F2d 150
    Sherry Winkel worked as a customer service representative/assistant manager for the National Bank of Detroit. Her duties included assisting elderly customers in various bank transactions, particular...

  • Johnson v. United States
    960 F2d 149
    Before DAVID A. NELSON and RYAN, Circuit Judges, and FORESTER, District Judge. In Case No. 91-6348, Mary Louise Carter Johnson, a pro se federal prisoner, appeals the district court's order denying ...

  • United States v. Rojas Guzman
    960 F2d 153
    MEMORANDUM Antonio Rojas-Guzman appeals his conviction for possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1). Rojas contends that the 30 ounces of Mexican "tar...

  • United States v. Dilger
    960 F2d 153
    Dilger, Hanna, Henderson, Irish, Morton, and Reed (the participants) appeal their convictions and sentences, following their guilty plea, for importation of hashish in excess of 1,000 kilograms in vio...

  • United States v. Rios
    960 F2d 153
    MEMORANDUM A Drug Enforcement Administration (DEA) investigation in Burley, Idaho revealed the drug trafficking activities of Jose Zamora, Tom Rudy, Salvador Ramirez Rios (Rios), Rene Perales (Perale...

  • United States v. Robinson
    960 F2d 150
    Defendant-appellant, William Robinson, appeals his sentence for violation of 21 U.S.C. § 841(a)(1). On May 24, 1990, defendant sold an undercover officer of the Chattanooga Police Department 32...

  • United States v. Cherry
    960 F2d 153
    Before EUGENE A. WRIGHT and ALARCON, Circuit Judges, and FONG, District Judge. MEMORANDUM John Cherry appeals his conviction for conspiracy to manufacture and distribute methamphetamine in violatio...

  • Murray v. Bowlin
    960 F2d 152
    Before CHOY, SNEED and SKOPIL Circuit Judges. MEMORANDUM* Leon R. Murray, an Idaho state prisoner, appeals pro se the district court's summary judgment in favor of prison guard Paul Bowlin in Murra...

  • Fonseca Leite v. Immigration and Naturalization Service
    961 F2d 60
    Robert Fonseca-Leite petitions for review of the decision of the Board of Immigration Appeals denying his applications for registry, suspension of deportation, and voluntary departure. Finding no ba...

  • United States v. Maltais
    961 F2d 1485
    Mr. Maltais violated his probation. The sentencing court sentenced him to a longer sentence than it could have originally imposed under the Sentencing Guidelines which were in effect at the time it ...

  • Joligard v. N Addy
    959 F2d 1101
    This case was considered on the record on appeal from the United States District Court for the District of Columbia and was argued by counsel. The court has determined that the issues presented occa...

  • Wo Akin v. Q L Investments Inc
    959 F2d 521
    This is a suit alleging violations of state and federal securities laws and RICO by accountants who audited financial statements included in private placement memoranda. Plaintiffs appeal a summary ...

  • United States v. E McCarthy
    961 F2d 972
    This is a criminal appeal. After a jury trial Defendant William E. McCarthy, Jr., was convicted on two counts, conspiracy to possess with intent to distribute five kilograms of cocaine and aiding an...

  • United States v. Aubin
    961 F2d 980
    Defendant-appellant Paul Aubin was tried and convicted by a jury of armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d). Defendant appeals. There are four issues: (1) whether the ...

  • Oses v. Commonwealth Massachusetts
    961 F2d 985
    This is an appeal from the grant of writ of habeas corpus by the district court finding that petitioner's 1977 convictions for armed assault and kidnapping in the Superior Court of Massachusetts were ...

  • Scott v. R Kelly A D A Iii S Rd
    962 F2d 145
    Joseph Scott appeals from summary judgment entered in the District Court for the Western District of New York, David G. Larimer, Judge, dismissing his claims of civil rights infringements at the New Y...

  • United States v. Talavera Negrete
    960 F2d 153
    MEMORANDUM Talavera-Negrete and Dominguez-Guillen appeal their convictions for conspiracy to import marijuana, conspiracy to possess with intent to distribute marijuana, importation of marijuana, and...

  • United States v. Johnson
    961 F2d 1488
    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. Granados
    962 F2d 767
    Francisco Granados and Mark E. Mora pleaded guilty to conspiracy to possess with intent to distribute cocaine, a schedule II, controlled substance, in violation of 21 U.S.C. § 846 (1981 and Supp....

  • United States v. Humphries
    961 F2d 1421
    Christopher Russell Humphries was arrested for pointing a handgun at a man with whom he had been arguing and then firing it next to the man's head. Humphries pled guilty under 18 U.S.C. section 922(...

  • United States v. Diaz
    961 F2d 1417
    Appellant Louis Diaz appeals his jury conviction for possession with intent to distribute more than 500 grams of cocaine pursuant to 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(ii)(II). We aff...

  • United States v. L Pooler
    961 F2d 1354
    A jury found Dell L. Pooler guilty of making a false bank entry in violation of 18 U.S.C. § 1005, and the district court sentenced Pooler to fifteen months imprisonment. Pooler appeals his conv...

  • United States v. Condelee
    961 F2d 1351
    Chareou Caprice Condelee appeals from the sixty-three-month sentence imposed by the district court following her guilty plea to one count of possession of cocaine with the intent to distribute. We a...

  • United States v. P Feiste L A R M J C J R M E S H L J L L R
    961 F2d 1349
    The government appeals from the district court's order granting defendants' motion to suppress state-authorized wiretap recordings. The court suppressed the recordings based on the untimely sealing ...

  • Oviedo v. Office Of Personnel Management
    965 F2d 1064
    Antonio E. Oviedo appeals from the decision of the Merit Systems Protection Board (MSPB or Board). The MSPB affirmed the decision of the Office of Personnel Management (OPM), which had denied Oviedo'...

  • Presnell v. Zant
    959 F2d 1524
    Virgil Delano Presnell, Jr., is a Georgia prison inmate. Presnell stands convicted of murder, statutory rape, kidnapping with bodily injury, and kidnapping. He faces a death sentence on the murder...

  • United States Of America v. Barandica
    960 F2d 143
    On February 15, 1991, a jury found appellant Ivette Abdul-Rahim Barandica guilty of (1) possession with intent to distribute approximately five kilograms of cocaine in violation of 21 U.S.C. § 84...

  • Bullock v. Toombs
    960 F2d 149
    Benjamin L. Bullock, a pro se Michigan prisoner, appeals a district court order denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. This case has been referred ...

  • Doss v. Parker
    960 F2d 149
    This pro se appellant, Louis Doss, appeals the district court's judgment dismissing his 28 U.S.C. § 2254 state petition for a writ of habeas corpus. Following a bench trial, Doss was convicted ...

  • Pastor v. United States
    960 F2d 149
    Before DAVID A. NELSON and RYAN, Circuit Judges, and FORESTER, District Judge. Jesus Pastor, a pro se federal prisoner, appeals the district court's order denying his motion to vacate, correct or se...

  • United States v. Ramos
    960 F2d 1065
    The appellant, a passenger on an inter-city bus, was arrested after a search of the crevice between his and the adjacent seat revealed drug paraphernalia and the resulting search of his person uncover...

  • Collins v. United States
    959 F2d 239
    MEMORANDUM Charles Ray Collins appeals the district court's denial of his motion under 28 U.S.C. § 2255. We affirm. Collins was sentenced to life imprisonment for the murder of Delores Ander...

  • Lee v. Ventura County Sheriffs Dept
    959 F2d 240
    MEMORANDUM On June 22, 1988, Lee was arrested and charged with violating sections of California Civil Code 1812.201 through 1812.221, the Seller's Assisted Marketing Plan Act (SAMP). He was also ch...

  • Rustom v. Us Immigration and Naturalization Service
    959 F2d 241
    MEMORANDUM Ala Elddin Rustom petitions for review of a final decision by the Board of Immigration Appeals ("BIA") denying him relief from deportation under section 212(c) of the Immigration and Natio...

  • United States v. Carrington
    959 F2d 242
    MEMORANDUM * Craig Anthony Carrington appeals from the district court's denial of his motion to withdraw his guilty plea. Finding that the district judge did not abuse his discretion, we affirm. ...

  • United States v. E Coonce
    961 F2d 1268
    Randall Coonce pled guilty to four counts of mail fraud under 18 U.S.C. § 1341, and received consecutive five-year sentences on Counts I, II, and III, to be followed by five years' probation on C...

  • United States v. J Howard
    961 F2d 1265
    Clarence J. Howard was charged with possession of cocaine with intent to distribute, in violation of 18 U.S.C. § 924(c). He filed a pre-trial motion to suppress evidence obtained in a search of...

  • United States v. A Ajiboye
    961 F2d 892
    Michael Ajiboye's principal argument is that the district judge's Allen charge improperly coerced the jury into returning guilty verdicts on both counts charged against him. Ajiboye, a former mail c...

  • United States v. Crippen
    961 F2d 882
    After defendant rejected a plea offer in an earlier state criminal proceeding, he was indicted and convicted in federal court on identical conduct. Defendant's federal conviction led to a guidelines...

  • United States v. Henderson
    961 F2d 880
    Norman Ralph Henderson appeals his conviction for mailing a threatening communication, in violation of 18 U.S.C. § 876. Henderson argues that the district court should have dismissed his indict...

  • United States v. Trussel
    961 F2d 685
    James Barker and Arnita Trussel each pleaded guilty to one count of conspiring to possess, with intent to distribute, cocaine and marijuana. The indictments and convictions arose from a series of dr...

  • United States v. J Rippee
    961 F2d 677
    By pretending to be a United States Marshal, Robert J. Rippee talked his way out of a traffic ticket and into an indictment in federal court. A jury convicted Rippee of impersonating a federal offic...

  • Stajic v. Immigration and Naturalization Service
    961 F2d 403
    Veljko Stajic petitions for review of a final order of deportation of the Board of Immigration Appeals (BIA). The BIA dismissed petitioner's appeal from a decision of Immigration Judge Alan L. Page ...

  • United States v. Olson
    961 F2d 221
    Before SEYMOUR and STEPHEN H. ANDERSON, Circuit Judges, and SAM, District Judge. ORDER AND JUDGMENT DAVID SAM, District Judge. After examining the briefs and appellate record, this panel has dete...

  • United States v. M Saavedra L
    961 F2d 221
    Before SEYMOUR and STEPHEN H. ANDERSON, Circuit Judges, and SAM, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not m...

  • Floberg v. Oklahoma Department Of Corrections
    962 F2d 17
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of these appeals. See Fed.R.App.P. 34(a); 10th...

  • Dotson v. United States
    960 F2d 149
    Michael Dotson, a pro se federal prisoner, appeals a district court order denying his motion to vacate filed pursuant to 28 U.S.C. § 2255. This case has been referred to a panel of the court pu...

  • White v. Tate
    960 F2d 150
    Michael T. White, a pro se Ohio state prisoner, appeals from the district court order denying his motion to reopen a previously decided habeas corpus action filed under 28 U.S.C. § 2254. White ...

  • Stevens v. Prelesnik
    960 F2d 150
    Harold Lee Stevens, a Michigan state prisoner, moves for the appointment of counsel on appeal from the dismissal of his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. This c...

  • United States v. H Anhood
    959 F2d 242
    MEMORANDUM William H. Anhood appeals pro se his conviction and sentence following entry of a guilty plea to eight counts of mail fraud in violation of 18 U.S.C. § 1341. In this pre-United Stat...

  • United States v. Burris
    959 F2d 242
    MEMORANDUM Appellant Gregory Burris was convicted in district court of conspiracy and the possession and manufacture of counterfeit plates and obligations. He appeals his conviction on the ground t...

  • Holm v. Manfred Maass
    959 F2d 240
    MEMORANDUM Peter J. Holm, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petitions challenging his convictions for third degree sodomy, rape,...

  • Robinson v. Devenny
    961 F2d 220
    Plaintiff-appellant Marion A. Robinson seeks to appeal from the dismissal of his complaint for money damages alleging that defendant prison officials wrongfully confiscated his "wave cap" or "doo rag,...

  • McQuerry v. United States Parole Commission
    961 F2d 842
    McQuerry is a federal prisoner. Following his conviction for distribution of cocaine, McQuerry was sentenced to a term of five years in prison and five years on special parole. His special parole ...

  • Selin v. Maass
    959 F2d 241
    MEMORANDUM Raine Selin, an Oregon 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, 878 F.2d 1...

  • Oregon Laborers Employers Trust Funds v. Pacific Fence and Wire Company
    959 F2d 241
    MEMORANDUM We consider whether a term in a collective bargaining agreement is ambiguous as a matter of law. Because we conclude that the term at issue here is not ambiguous, we reverse and remand. ...

  • United States v. Boyd L
    961 F2d 434
    This appeal involves three issues: 1) were the defendant's due process rights violated when an independent lab destroyed urine samples which indicated his cocaine use; 2) can a higher sentence be im...

  • United States v. Lopez
    961 F2d 1058
    Porfirio Lopez appeals from his sentence contained within a judgment of conviction entered following his plea of guilty on September 30, 1991 in the United States District Court for the District of Co...

  • United States v. Abreu
    962 F2d 1425
    Appellant Orestes Luciano Abreu appeals his conviction and sentencing for various drug trafficking and weapons offenses. He raises eleven issues on appeal. We affirm the district court on all issu...

  • United States v. Thornbrugh
    962 F2d 1438
    James David Thornbrugh was convicted of three counts of armed bank robbery in violation of 18 U.S.C. §§ 2113(a) & (d) (1988), and three related counts of possession of firearms during th...

  • United States v. Abreu
    962 F2d 1447
    The court, on its own motion, ordered rehearing en banc in these two appeals to consider the interpretation of the enhancement provision in 18 U.S.C. § 924(c)(1) (1988). The remaining issues ra...

  • United States v. J Ninemire
    961 F2d 221
    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. Vander
    959 F2d 243
    MEMORANDUM Richard Henry Vander appeals the 123-month sentence imposed under the United States Sentencing Guidelines following his guilty plea to possession of methamphetamine with intent to distribu...

  • United States v. Summerfield
    961 F2d 784
    Cecil Summerfield appeals his sentence of twenty-one years, eight months, arising from convictions of possessing, distributing and conspiring to distribute methamphetamine. Summerfield argues the di...

  • Coleman v. Borg
    959 F2d 239
    MEMORANDUM Coleman appeals denial of a writ of habeas corpus. Coleman was convicted of first degree murder and other charges after a jury trial in San Diego. The state trial court sustained Colem...

  • United States Of America v. A McNutt
    960 F2d 144
    Defendant-appellant McNutt was convicted for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). On appeal, he argues that the evidence was insufficient to suppor...

  • United States v. Maddox
    959 F2d 242
    MEMORANDUM Michael Lee Maddox appeals the district court's denial of his Fed.R.Crim.P. 35(a) motion to correct an illegal sentence. In this pre-United States Sentencing Guidelines case, Maddox attac...

  • United States v. Holmes
    961 F2d 599
    Robert Holmes and Daniel Ross appeal their convictions and sentences for (1) conspiracy to manufacture and possess with intent to distribute over 8,000 marijuana plants, in violation of 21 U.S.C. ...

  • United States v. Marin
    961 F2d 493
    Herbert John Marin pled guilty to four counts of making a materially false statement in connection with the acquisition of firearms, 18 U.S.C.A. § 922(a)(6) (West Supp.1991) and six counts of unl...

  • United States v. Lopez
    961 F2d 384
    Defendant-appellant Albert Lopez appeals from a judgment of conviction entered in the United States District Court for the District of Connecticut (T.F. Gilroy Daly, Judge), following his plea of guil...

  • United States v. McCants
    960 F2d 150
    Defendant, James McCants, convicted below on a conditional guilty plea, appeals the denial of his motions to dismiss the indictment and to suppress evidence. For the reasons that follow, we affirm. ...

  • Porter v. Al Lockhart
    961 F2d 782
    Charles Porter, an Arkansas inmate, appeals from the final judgment entered in the Eastern District of Arkansas upon the magistrate judge's dismissal of his 28 U.S.C. § 2254 habeas corpus petitio...

  • United States v. Maiden
    959 F2d 242
    MEMORANDUM Sidney Maiden appeals his conviction, following a jury trial, for knowing possession of a firearm after having been convicted of three crimes punishable by terms of imprisonment exceeding ...

  • Campos v. Immigration and Naturalization Service
    961 F2d 309
    Petitioner, Andres Antonio Campos ("Campos"), petitions for review of a final deportation order entered by the Board of Immigration Appeals ("BIA"). Petitioner argues that the Board erred in determi...

  • Johnson v. Estelle
    959 F2d 240
    MEMORANDUM Stanley Johnson, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition without prejudice for failure to exhaust state remedies. We...

  • Friend v. Blodgett
    959 F2d 240
    MEMORANDUM Gerald Arthur Friend, a Washington 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...

  • United States v. Pierre Iii
    958 F2d 1304
    Otis Harris and Terry Pierre appeal their convictions for possession of cocaine with intent to distribute and for conspiracy to commit the same offense. A panel of this court concluded that the dist...

  • Gray v. Odea
    960 F2d 149
    Before KEITH and MILBURN, Circuit Judges, and ENSLEN, District Judge. Jimmy D. Gray, a pro se Kentucky prisoner, appeals the district court's order dismissing his petition for a writ of habeas corpu...

  • United States v. Hernandez Cruz
    959 F2d 242
    MEMORANDUM On January 31, 1991, Fernando Hernandez-Cruz pleaded guilty to a superseding indictment charging him with being a deported alien found in the United States in violation of 8 U.S.C. § ...

  • Taylor v. Warren County Regional Jail
    960 F2d 150
    Before KEITH and MILBURN, Circuit Judges, and ENSLEN, District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the...

  • United States v. J Mayers Doc
    957 F2d 858
    Appellants William and Patricia Mayers were convicted of conspiracy, mail fraud, filing false claims, tax evasion, and racketeering. They appealed raising several grounds, including that their convi...

  • Riviezzo v. United States Of America
    960 F2d 143
    Appellant Riviezzo appeals from the denial of his motion under 28 U.S.C. § 2255 to set aside his guilty plea and vacate his sentence for the crime of unlawfully transferring a silencer. Appellan...

  • Hall v. A Williams
    960 F2d 146
    The issue presented is whether the total deprivation of out-of-cell exercise and recreation for four and one-half months following a prison riot violates the Eighth Amendment prohibition of cruel and ...

  • Herring v. County Of Cuyahoga
    960 F2d 149
    Before MERRITT, Chief Judge; RYAN, Circuit Judge, and FORESTER, District Judge. Timothy Herring, Jr., a pro se Ohio prisoner, appeals a district court order dismissing his civil rights complaint fi...

  • Oliver v. Pogats
    960 F2d 149
    Greg Oliver appeals the district court's judgment granting the defendants' motion for summary judgment in this 42 U.S.C. § 1983 prisoner civil rights action. This case has been referred to a pa...

  • Linsford v. Jj Clark
    960 F2d 149
    Before MERRITT, Chief Judge; ALAN E. NORRIS, Circuit Judge, and CONTIE Senior Circuit Judge. Myrick Linsford, a pro se federal prisoner, appeals a district court order denying his petition for a wr...

  • United States v. C Wampler
    960 F2d 150
    Defendant Alvin C. Wampler appeals his jury conviction for aiding and abetting theft and concealment of goods stolen in a national park. Wampler complains that the District Court abused its discreti...

  • United States v. Nelson
    960 F2d 150
    Lawrence Nelson, a federal prisoner, appeals pro se from the denial of his motion to correct clerical errors in his sentence filed under Fed.R.Cim.P.36. This case has been referred to a panel of the...

  • Jackson v. Richards Medical Company
    961 F2d 575
    The plaintiff, Susie J. Jackson, appeals the District Court's dismissal of her Title VII, Age Discrimination, and 42 U.S.C. § 1981 claims. We hold that the plaintiff's ADEA and § 1981 clai...

  • United States v. Dixon
    959 F2d 242
    MEMORANDUM Juan Moe Dixon appeals his sentence following a conviction on a guilty plea for fraudulent use of an access device in violation of 18 U.S.C. § 1029(a)(2), and failure to appear in vio...

  • Lewis v. Jabe
    959 F2d 234
    Charles Lewis, a pro se Michigan prisoner, appeals the district court's order denying his motion for relief from judgment filed under Fed.R.Civ.P. 60(b). This case has been referred to a panel of th...

  • Mercado v. Office Of Personnel Management
    965 F2d 1064
    Florencio O. Mercado petitions for review of an April 30, 1991 decision of the Merit Systems Protection Board (Board), Docket No. SE08319110158, which became final by the Board's order of August 23, 1...

  • United States v. Naidoo
    959 F2d 243
    MEMORANDUM Alan Naidoo appeals pro se the district court's denial of his former Fed.R.Crim.P. 35 motion to reduce the sentence imposed following his guilty plea to possession of cocaine with intent t...

  • Williams v. Al C Parke
    959 F2d 237
    Before RALPH B. GUY, Jr., and RYAN, Circuit Judges, and JOINER, Senior District Judge. This pro se Kentucky prisoner appeals the district court's order denying his petition for a writ of habeas corp...

  • United States v. Westfall
    959 F2d 243
    MEMORANDUM Ronn Adair Westfall appeals the revocation of his probation. He pleaded guilty to interstate transportation of stolen goods, in violation of 18 U.S.C. § 2315. On December 9, 1985,...

  • Price v. Sowders
    959 F2d 235
    Before KEITH and MILBURN, Circuit Judges, and ENSLEN, District Judge. John M. Price, Jr., a pro se Kentucky prisoner, appeals the district court's order denying his petition for a writ of habeas cor...

  • Meadows Iii v. Pitcher
    959 F2d 235
    Charles Meadows, a Michigan prisoner represented by counsel, appeals the district court's dismissal of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. This case has...

  • Bierilo v. United States
    959 F2d 239
    MEMORANDUM Dennis Bierilo, a federal prisoner, appeals the district court's summary dismissal of his 28 U.S.C. § 2255 motion to vacate his sentence. We review de novo, United States v. Poopola...

  • United States v. Harris
    959 F2d 242
    MEMORANDUM Dorothy Ann Harris appeals her conviction, following jury trial, for distribution of cocaine in violation of 21 U.S.C. § 841(a)(1). Harris contends that the district court abused it...

  • Grigoropulos v. United States Of America
    960 F2d 143
    Appellant, Nicolaos Grigoropulos, appeals from judgments of the United States District Court for the District of Puerto Rico dismissing two motions under 28 U.S.C. § 2255 to vacate his sentence. ...

  • United States v. J Miskinis
    966 F2d 1263
    Robert J. Miskinis appeals his conviction and sentence for engaging in a continuing criminal enterprise, in violation of 21 U.S.C. § 848; conspiracy to aid and abet the manufacture of methamphet...

  • Armstrong World Industries Inc Wolfson v. W Adams E A
    961 F2d 405
    This case involves a challenge to the constitutionality of the Pennsylvania anti-takeover act of 1990. Plaintiffs, shareholders of Armstrong World Industries, Inc., brought this action seeking decla...

  • United States v. T Brentley
    961 F2d 425
    Dorian T. Brentley was convicted after a jury trial in the Western District of Pennsylvania of three counts: possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) an...

  • Gj Chenevert v. A Hesse
    961 F2d 219
    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 ...

  • Simmons v. United States
    959 F2d 236
    Before KEITH and MILBURN, Circuit Judges, and ENSLEN, District Judge. Katherine Simmons, a pro se federal prisoner, appeals a district court order denying her motion to vacate her sentence filed und...

  • Johnson v. Armontrout
    961 F2d 748
    The State of Missouri appeals the granting of a writ of habeas corpus to Gerald Glenn Johnson. The district court granted habeas relief because Johnson was convicted by a jury that included four per...

  • Henderson v. State
    959 F2d 240
    MEMORANDUM Henderson filed a habeas corpus petition to challenge his conviction for second degree murder of his girlfriend's 23-month-old-daughter, Kendall. He contends that the admission of testim...

  • Harris v. Hn Scott
    961 F2d 220
    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 ...

  • Grimmett v. Kaiser
    961 F2d 219
    Petitioner-appellant Richard Grimmett filed a 28 U.S.C. § 2254 petition seeking relief from his Oklahoma conviction. He had previously sought state collateral relief on the same constitutional ...

  • Negron v. Adams
    961 F2d 220
    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 ...

  • Squire v. Warden Usp Leavenworth
    961 F2d 220
    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. Hanson
    959 F2d 242
    MEMORANDUM John E. Hanson appeals from his sentence, imposed following conviction at jury trial, for fraudulent receipt and concealment of debtor assets, false entry relating to debtor assets, and ai...

  • United States v. McGroarty
    959 F2d 242
    MEMORANDUM John Charles McGroarty appeals his sentence following the district court's sua sponte correction of his illegal sentence. He contends that the district court violated his due process rig...

  • United States v. C Dawkins
    959 F2d 1102
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs of counsel. The court is satisfied, after reviewing the parties' briefs,...

  • United States v. Dubray
    959 F2d 242
    MEMORANDUM Donald DuBray appeals the district court's denial of his motions for mistrial and directed verdict during a jury trial in which he was found guilty of aggravated sexual abuse, in violation...

  • Fitzhugh v. The Wyoming Board Of Charities and Reform Md
    961 F2d 219
    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 ...

  • Salstrom v. Sumner
    959 F2d 241
    MEMORANDUM Robert Louis Salstrom, a prisoner convicted under the laws of Nevada, appeals pro se the district court's summary judgment in favor of Nevada and Arizona prison officials in his 42 U.S.C. ...

  • Hutchcraft v. Roberts
    961 F2d 220
    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 ...

  • Furrow v. Magnusson
    960 F2d 143
    Plaintiff-appellant Lawrence Furrow, an inmate at Maine State Prison ("MSP"), filed a 42 U.S.C. § 1983 action in the District of Maine on August 3, 1990. Furrow alleged that his constitutional r...

  • United States v. Sotelo Contreras
    959 F2d 243
    MEMORANDUM Alphonso Sotelo-Contreras ("Contreras") appeals his conviction following a guilty plea for possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1). Contre...

  • Acosta v. Makowski
    959 F2d 233
    Porfidio Ray Acosta appeals the district court's denial of his petition for a writ of habeas corpus. For the reasons stated below, we affirm the judgment of the district court. * Acosta was convic...

  • United States v. Crawford
    959 F2d 242
    MEMORANDUM Raphyal Crawford, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Crawford, who was named in an eighteen-count ...

  • United States v. Salazar
    958 F2d 1285
    Jose Manuel Ramos and Luz Estella Salazar were convicted of (count 1) conspiracy to possess over five kilograms of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1), 8...

  • United States v. J Rayborn
    957 F2d 841
    Walter J. Rayborn, Jr., the appellant, prepared and filed federal income tax returns in the names of persons claiming to own fishing boats. Under Title 26 of the Internal Revenue Code, commercial fi...

  • United States v. Robinson Munoz
    961 F2d 300
    Lazaro Perez Redondo (Perez) and Eduardo Robinson Munoz (Robinson) appeal from judgments of conviction for aiding and abetting the possession, with intent to distribute, of marijuana aboard a vessel, ...

  • United States v. Dabdoub Canez
    959 F2d 242
    MEMORANDUM In an opinion filed this date, we held that the district court properly sentenced appellant Javier Aaron Dabdoub-Canez to ten years in prison for his conviction for conspiracy to possess c...

  • United States v. Brown
    961 F2d 1039
    Defendant-appellant Wayne Brown appeals from a judgment of conviction entered on July 15, 1991 in the United States District Court for the Eastern District of New York, Raymond J. Dearie, Judge. Aft...

  • United States v. L Garrett
    961 F2d 743
    This appeal arises from the defendants' convictions on various drug and firearms violations. Williams alleges that the trial court erred when it denied his out-of-time motions to suppress evidence. ...

  • United States v. Galvan
    961 F2d 738
    Raul Leyja Galvan and Enrique Ruiz Silva appeal their convictions for conspiracy to distribute cocaine. Silva also appeals his conviction for aiding and abetting the distribution of cocaine. On app...

  • United States v. Evans
    958 F2d 1285
    IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby DENIED. The panel reversed the appellant's conviction on count 1 because his ar...

  • United States v. Carpenter
    961 F2d 824
    Former California state senator Paul B. Carpenter appeals his conviction on four counts of racketeering, extortion, attempted extortion, and conspiracy to commit extortion. Because the district cour...

  • United States v. Curry
    959 F2d 242
    MEMORANDUM Curry appeals his conviction for violation of 26 U.S.C. § 5861, possession of an unregistered firearm. During his trial he moved to suppress statements made to federal agents and to...

  • United States v. Dabdoub Canez
    961 F2d 836
    Appellant Javier Aaron Dabdoub-Canez (Canez) was convicted of conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846, and possession of cocaine with intent to dis...

  • United States v. McCraw
    959 F2d 242
    MEMORANDUM Defendant Tyronne McCraw was convicted of attempted armed robbery of a savings and loan and forced accompaniment in violation of 18 U.S.C. §§ 2113(a), (d), (e), and of use of a f...

  • Clay v. McKenna
    961 F2d 219
    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. K Dunn
    961 F2d 648
    A jury found Daniel K. Dunn, Sr., guilty of 18 counts of mail fraud, in violation of 18 U.S.C. § 1341, fifteen counts of aiding and assisting in the preparation and presentation of false income t...

  • United States v. Azoroh
    959 F2d 236
    Before BOYCE F. MARTIN, Jr., and RYAN, Circuit Judges; and WILHOIT, District Judge. Emmanuel Azoroh, a pro se federal prisoner, appeals a district court's judgment of conviction following a jury ve...

  • Lindsey v. Kinney
    959 F2d 234
    Nathan Lindsey appeals the district court's judgment granting summary judgment for the defendants in his 42 U.S.C. § 1983 prisoner civil rights action (Case No. 91-2266). He also appeals the di...

  • Williams v. Anderson Sd
    959 F2d 1411
    While in custody at the Menard Correctional Center in Illinois, James Williams was given an injection of Haldol, an antipsychotic drug, against his will. Mr. Williams brought suit under 42 U.S.C. &#x...

  • Castleman v. Acme Boot Company
    959 F2d 1417
    Plaintiff Jerry Castleman, a former sales representative for defendant Acme Boot Company ("Acme"), filed a four-count complaint against Acme after his employment was terminated on February 9, 1987. ...

  • United States v. Nagano
    959 F2d 243
    MEMORANDUM Clint Nagano appeals his conviction on bank burglary and larceny charges. He claims the district court erroneously denied his motion to suppress evidence that he claims was seized in vio...

  • Sutton v. United States Parole Commission
    961 F2d 220
    Before SEYMOUR, STEPHEN H. ANDERSON, Circuit Judges, and SAM, District Judge. ORDER AND JUDGMENT SAM, District Judge. After examining the briefs and appellate record, this panel has determined un...

  • United States v. Hoelscher
    959 F2d 242
    MEMORANDUM Yolanda Hoelscher appeals her sentence of thirteen months following her conviction for misapplication of bank funds. She contends that the district court erred in failing to depart downw...

  • Ford v. Grayson
    959 F2d 234
    David Earl Ford, a Michigan state prisoner, requests the appointment of counsel on appeal from the dismissal of his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. This case ...

  • United States v. Johnson
    959 F2d 242
    MEMORANDUM John Paul Johnson appeals his conviction for possessing a firearm in violation of 18 U.S.C. § 922(g)(1) (ex-felon in possession of a firearm). Johnson argues the district court erre...

  • United States v. Rhodes
    959 F2d 243
    MEMORANDUM David Rhodes appeals the district court's denial of his motion under 28 U.S.C. § 2255. We affirm. Rhodes was indicted on various drug-related charges. Three alleged co-conspirat...

  • Laquarius v. Hargett
    961 F2d 220
    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. Holstrom
    959 F2d 242
    MEMORANDUM A section 3B1.2 adjustment applies only when the offense is committed by more than one criminally responsible person. United States v. Anderson, 942 F.2d 606, 614-17 (9th Cir.1991) (en b...

  • Acevedo Ramos v. United States
    961 F2d 305
    Hector Acevedo Ramos appeals from an order of the United States District Court for the District of Puerto Rico, Jaime Pieras, Jr., J., denying Acevedo's petition for post-conviction relief pursuant to...

  • United States v. J Liggins
    959 F2d 1102
    This case was heard on the record from the United States District Court for the District of Columbia Circuit and on the briefs filed by the parties and on arguments by counsel. The court has determi...

  • United States v. Vulpis
    967 F2d 734
    This case returns to us from the United States District Court for the Southern District of New York, Constance Baker Motley, Judge, following our remand in United States v. Paccione, 948 F.2d 851 (2d ...

  • United States v. Rodriguez
    968 F2d 130
    Defendant Roberto Rodriguez ("Rodriguez") appeals from a judgment of the United States District Court for the Southern District of New York, Louis L. Stanton, Judge, convicting him, following his plea...

  • United States v. Vulpis
    961 F2d 368
    Appellant Dominick Vulpis ("Dominick") appeals from an order of the United States District Court for the Southern District of New York, Constance Baker Motley, Judge, enjoining him from filing a bankr...

  • Reid v. A Senkowski
    961 F2d 374
    This is an appeal from a judgment entered in the United States District Court for the Eastern District of New York, Dearie, J., denying petitioner-appellant Anthony Reid's petition for a writ of habea...

  • Johnson v. Huffman
    959 F2d 231
    PER CURIAM; Clyde Johnson appeals from an order of the district court denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, we affirm. ...

  • Allsop v. City Of Phoenix
    959 F2d 239
    MEMORANDUM Kieron Allsop appeals the dismissal of his section 1983 action for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). He also appeals other, related orders. We ha...

  • Addison v. Pash
    961 F2d 731
    Sylvester Addison, a Missouri inmate, appeals from the dismissal entered by the District Court for the Eastern District of Missouri in his 42 U.S.C. § 1983 action. For reversal Addison argues t...

  • United States Of America v. Graham
    959 F2d 232
    Sonny Graham appeals from his sentence for conspiracy to possess cocaine with intent to distribute and possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841 and 84...

  • Devine v. Mt Pickering
    959 F2d 234
    Tennessee police officers appeal the denial of summary judgment, which they had sought on the basis of qualified immunity, in plaintiff's 42 U.S.C. § 1983 case alleging illegal arrest and excessi...

  • United States v. Zamora Sanchez
    959 F2d 243
    MEMORANDUM Benigno Zamora-Sanchez (Sanchez) appeals his conviction and sentence for making false statements in applications for passport renewal and for misuse of a passport. Sanchez first argues t...

  • United States v. Amparo
    961 F2d 288
    In an effort to invest Dame Fortune with partiality toward their venture, a group of would-be drug smugglers paid a visit to a sorceress before leaving their native land. The visit was unrewarding: ...

  • United States v. Bailey
    959 F2d 236
    Defendant-appellant, Preston Tillman Bailey, appeals the propriety of the district court's ruling denying him standing to assert a Fourth Amendment violation. Defendant also challenges his sentence ...

  • United States v. L Estes
    959 F2d 236
    Defendant-appellant, Samuel Estes ("Estes"), appeals his jury conviction for possession of a prohibited object which was a weapon in violation of 18 U.S.C. § 1791(a). Estes brings two assignmen...

  • Diesel Service Company v. Ambac International Corporation
    961 F2d 635
    Michael Bowen (argued), William M. Conley, Foley & Lardner, Madison, Wis., for plaintiff-appellant. Edward M. Dolson (argued), John M. Duggan, Armstrong & Teasdale, Kansas City, Mo., for def...

  • United States v. Brown
    962 F2d 560
    Defendant Brown appeals his sentence alleging that the trial court erred in designating him as a career offender under Section 4B1.1 of the Sentencing Guidelines. We affirm. On August 27, 1990, whi...

  • United States v. M Dempsey
    957 F2d 831
    After state law enforcement officers saw what appeared to be a street-level narcotics selling operation at a duplex house, they obtained a warrant to search the defendant's part of the duplex for coca...

  • United States v. R Lawrence
    959 F2d 237
    This is a criminal case involving the use of a firearm "during and in relation to" a drug trafficking offense in violation of 18 U.S.C. § 924(c). The appellant contends that the district court ...

  • United States v. Smith
    957 F2d 835
    Defendant John Angus Smith tried to trade a MAC-10 machine gun and silencer for cocaine. The question presented is whether the use of a firearm in trade for drugs supports a conviction under 18 U.S....

  • Cooper Tire Rubber Company v. National Labor Relations Board
    957 F2d 1245
    The National Labor Relations Board seeks enforcement of its order, which found that Cooper Tire & Rubber Company (Cooper) violated sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act ...

  • United States v. Herrera Soto
    961 F2d 645
    Appellant Efren Herrera-Soto appeals from an order, entered by the district court on February 10, 1992, imposing mandatory detention pending appeal of his criminal conviction. The district court, ho...

  • In Re Bulathsinhalage B Cooray
    965 F2d 1063
    Bulathsinhalage B. Cooray (Cooray) appeals from a decision of the Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board) as supplemented on Reconsideration rejecting all c...

  • United States v. Fierro Gaxiola
    959 F2d 242
    Before JAMES R. BROWNING, D.W. NELSON and CANBY, Circuit Judges MEMORANDUM Fierro-Gaxiola appeals the denial of his motion to dismiss the indictment against him alleging conspiracy to possess and d...

  • United States Of America v. Britt
    959 F2d 232
    Appellant Clarence Britt appeals his conviction for attempted possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 846. He seeks suppression of the evidence obtained purs...

  • United States Of America v. Vassell
    959 F2d 232
    James Vassell was convicted by a jury in the district court of one count of conspiracy to distribute cocaine and to possess cocaine with intent to distribute it, in violation of 21 U.S.C.s 846, and fo...

  • Lincecum v. A Collins
    958 F2d 1271
    Kavin Wayne Lincecum, a Texas prisoner under a sentence of death, appeals the dismissal of his petition for a writ of habeas corpus. Although Lincecum raised 18 claims in the district court, his app...

  • Branham v. Richardson
    959 F2d 233
    Rodney Branham is a pro se Michigan prisoner who appeals the dismissal of a civil rights case that he had filed under 42 U.S.C. § 1983. Branham's case has been referred to a panel of the court ...

  • United States v. Jacks
    961 F2d 221
    Ron Jacks raises two issues on appeal. He first contends the sentencing guideline applied in marijuana offenses involving more than fifty plants which deems the weight of a marijuana plant to be a k...

  • Brown v. L Waters L J A M E B Md G B C R C W
    959 F2d 233
    Before MILBURN and SUHRHEINRICH, Circuit Judges, and COHN, District Judge. Carson Lynn Brown, a pro se Michigan prisoner, appeals a district court order granting summary judgment for the defendants ...

  • Akbar v. Campbell
    959 F2d 233
    Aubreyel B. Akbar, a pro se Tennessee prisoner, appeals a district court's order dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. This case has been referred to...

  • United States v. Wyatt
    959 F2d 237
    After a jury trial, the defendant, Casper Wyatt, Jr., was found guilty of possession of marijuana, possession of a sawed-off shotgun, and being a felon in possession of a firearm. On appeal, Wyatt a...

  • Wagner v. United States
    959 F2d 237
    Ernest Wagner, a federal prisoner, moves this court for the appointment of counsel in his appeal from the district court's denial of his motion to vacate filed pursuant to 28 U.S.C. § 2255. Thi...

  • Smith v. Green Md
    959 F2d 236
    Before MILBURN and SUHRHEINRICH, Circuit Judges, and COHN, District Judge. In this § 1983 pro se, prisoner action for compensatory damages, a Michigan prisoner, Richard Lee Smith, appeals the d...

  • Thayer Thayer v. United States Attorney General
    959 F2d 236
    Gerald A. Thayer and Dawn Marie Thayer, pro se federal prisoners, appeal a district court order dismissing their petitions for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. This c...

  • Parker v. Jj Clark
    959 F2d 235
    Roger Lee Parker, a pro se federal prisoner confined at FCI, Memphis, Tennessee, appeals the district court's order denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § ...

  • United States v. J Byrd
    959 F2d 236
    Defendants James Jimmy Byrd and Gary Byrd appeal their sentences imposed by the district court for aiding and abetting the manufacture and possession with intent to distribute marijuana in violation o...

  • United States v. Hoffman
    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...

  • Hamrick v. R Jago
    959 F2d 234
    Before RALPH B. GUY, Jr. and RYAN, Circuit Judges, and JOINER, Senior District Judge. Tony Hamrick, an Ohio prisoner, moves this court to extend the appointment of Paul Mancino, Jr. as counsel to re...

  • United States v. Macpherson
    959 F2d 230
    Vincent MacPherson was convicted in 1987 on charges arising from his role as a participant in the robbery of an armored car and as a conspirator to a bank robbery. Both crimes occurred in Massachuset...

  • Consolo v. Parker
    959 F2d 234
    Charles Consolo, an Ohio state prisoner, requests the appointment of counsel on appeal from the district court order denying his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254....

  • Key v. Carlton
    959 F2d 234
    Appealing the denial of a habeas writ under 28 U.S.C. § 2254, petitioner Jimmy Lee Key challenges the constitutionality of Tennessee juvenile court proceedings occurring over 20 years ago and his...

  • Davis v. Haeberlin
    959 F2d 234
    Before MILBURN and SUHRHEINRICH, Circuit Judges, and COHN, District Judge. Alvin Davis, a pro se Kentucky prisoner, appeals the district court's order granting the defendants' motion for summary jud...

  • Wexler v. United States
    961 F2d 221
    Plaintiff-appellant Warren Wexler appeals from an order of the district court dismissing his claims brought under the Federal Tort Claims Act. The district court dismissed Plaintiff's complaint hold...

  • United States v. Yb Hahn
    960 F2d 903
    Paul Y.B. Hahn was convicted after a jury trial on four counts related to the illegal possession of a firearm and slightly less than a gram of methamphetamine. In similar cases involving this amount...

  • United States v. Allen
    960 F2d 1055
    Maxwell Allen and James Casey appeal from their convictions on drug charges. They both challenge the search warrant that led to their arrests for lack of probable cause and staleness and the prosecu...

  • United States v. D Purdue
    961 F2d 723
    The district court sentenced Darryl D. Purdue to sixty-six months of imprisonment, a four-year term of supervised release, and a fine of $3,050.00 following Purdue's conditional guilty plea to a charg...

  • United States v. Jennings
    960 F2d 1488
    In United States v. Henthorn, 931 F.2d 29 (9th Cir.1991), we held that the government has a duty to examine the personnel files of law enforcement officers it intends to call as witnesses if a defenda...

  • United States v. J Albers
    961 F2d 710
    Peter Blakeslee, Lincoln, Neb., argued, for appellant Jeffrey Albers. Calvin Hansen, Lincoln, Neb., argued, for appellant Patricia Albers. Bruce Gillan, Asst. U.S. Atty., Lincoln, Neb., argued, fo...

  • United States v. A Benson
    961 F2d 707
    Stephen A. Swift, Cedar Rapids, Iowa, for appellant. Rodger E. Overholser, Cedar Rapids, Iowa, for appellee. Before ARNOLD, Chief Judge, MAGILL, Circuit Judge, and LARSON, Senior District Judge. ...

  • United States v. Sutton M and M
    961 F2d 476
    Dawn Dempsy Sutton was convicted by a jury of attempting to possess marijuana with intent to distribute, 21 U.S.C.A. §§ 841(a)(1), 846 (West 1981 & Supp.1991), and of carrying or using a...

  • United States v. Pena
    961 F2d 333
    Defendant-appellant Miguel Pena appeals from a judgment of the United States District Court for the Southern District of New York, Shirley Wohl Kram, Judge, entered November 30, 1990. Pena was convi...

  • Peoples Westchester Savings Bank v. Federal Deposit Insurance Corporation
    961 F2d 327
    This case comes to us on appeal from the United States District Court for the Eastern District of New York (Hon. Thomas C. Platt, Chief Judge). By memorandum and order dated September 9, 1991, the ...

  • Maasen v. J Lucier B Maasen
    961 F2d 717
    In this diversity suit, Paul Maasen seeks to enforce an alleged oral employment agreement with his former employer, Richard Lucier, to reward Maasen's labors with a fifty percent ownership interest in...

  • United States v. Ford
    961 F2d 150
    Bruce Ford appeals from the district court's order dismissing, without prejudice, an indictment that was returned against him. Ford was charged with conspiracy to possess a controlled substance with...

  • United States v. Levinson
    959 F2d 242
    MEMORANDUM Gary Jerome Levinson appeals pro se from his conviction and sentence for mailing obscene materials in violation of 18 U.S.C. § 1461. Levinson was resentenced following this court's ...

  • United States v. Droge
    961 F2d 1030
    William C. Droge appeals from a judgment of the United States District Court for the Eastern District of New York (Hon. Leonard D. Wexler, Judge and jury) convicting him of three counts of wilful fed...

  • Clarke v. M Frank
    960 F2d 1146
    Plaintiff ("Clarke") appeals from orders of the United States District Court for the Eastern District of New York, (Carol Bagley Amon and John L. Caden, Magistrate Judges ), awarding him $88,694.63 in...

  • Boswell v. Mason
    959 F2d 233
    Stanley Boswell appeals the district court's judgment granting summary judgment for the defendant in this 42 U.S.C. § 1983 prisoner civil rights case. This case has been referred to a panel of ...

  • United States v. L Brown
    959 F2d 236
    Defendant-appellant, Halbert L. Brown ("Brown"), appeals his jury conviction for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). The district court sentenced...

  • Thomas v. Csx Transportation Inc
    959 F2d 236
    This appeal arose from a suit for personal injuries in which the plaintiffs, Kevin and Cecelia Thomas, sought damages for personal injuries and loss of consortium. At trial, the jury returned a verd...

  • United States v. R Javino
    960 F2d 1137
    Defendant Dale R. Javino appeals from a final judgment of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, convicting him on three counts of possession ...

  • United States v. Sosa
    959 F2d 232
    Manuel Sosa appeals his conviction by a jury in the District of South Carolina of conspiracy to possess cocaine and to possess cocaine with intent to distribute, in violation of 21 U.S.C. § 846 a...

  • United States v. Keene
    959 F2d 237
    Defendants appeal from their jury verdict for mail fraud and conspiracy to commit mail fraud. For the reasons that follow, we reverse in part and affirm in part. On October 3, 1990 a fourteen coun...

  • United States v. M Perdomo
    959 F2d 237
    Defendant-appellant, Richard Perdomo ("Perdomo"), appeals his jury conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) and for use of intimidation to threat...

  • Timmerman v. Modern Industries Inc
    960 F2d 692
    Mark M. Silvermintz, Carr, Korein, Tillery, Kunin, Montroy, Glass & Bogard, East St. Louis, Ill., Karen L. Kendall, Gary M. Peplow, Heyl, Royster, Voelker & Allen, Peoria, Ill., and David L. B...

  • Diamonds Plus Inc v. Kolber J T T
    960 F2d 765
    Frank Holland and Frank T. Holland & Company (collectively referred to as "Holland") appeal the district court's finding of liability under the civil provisions of the Racketeer Influenced and Cor...

  • 2
    961 F2d 221
    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. Padilla A
    961 F2d 322
    Juan Torres and Paul Padilla appeal from convictions entered by Judge Carol Amon, following a jury trial in the District Court of the Eastern District of New York on August 2, 1991 and August 9, 1991 ...

  • Jacobson v. United States
    503 US 540
    On September 24, 1987, petitioner Keith Jacobson was indicted for violating a provision of the Child Protection Act of 1984, Pub.L. 98-292, 98 Stat. 204 (Act), which criminalizes the knowing receipt t...

  • Hurt v. United States
    959 F2d 234
    Defendant-appellant, Martin D. Hurt ("Hurt"), appeals his conviction for conspiracy and possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 846, and ai...

  • Martin v. Adult Parole Authority
    959 F2d 235
    Robert Martin, a pro se Ohio prisoner, appeals the district court's order denying his second motion filed pursuant to Fed.R.Civ.P. 60(b). Additionally, he requests the appointment of counsel. This...

  • United States v. Sotolongo
    959 F2d 237
    Defendant appeals his conviction and sentence following a guilty plea to possession with intent to distribute cocaine. For the reasons that follow, we affirm. On October 19, 1988, defendant Ricard...

  • Joe v. United States
    961 F2d 220
    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 ...

  • Slis v. F Sapala E
    959 F2d 236
    Michael Allan Slis, pro se, appeals the district court's order dismissing this complaint filed under 42 U.S.C. § 1983. The defendants include a judge of the Recorder's Court for the City of Det...

  • Siebler v. Buchignani M Kc Md
    959 F2d 236
    The plaintiff brought this section 1983 action against the Lexington-Fayette area county government and several of its officials after he was assaulted while serving a jail term. Finding no evidence...

  • Paul v. Immigration and Naturalization Service
    961 F2d 220
    ORDER AND JUDGMENT 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....

  • United States v. Banks
    959 F2d 236
    Tony Curtis Banks appeals the district court's dismissal without prejudice of an indictment against him. Following the dismissal of the indictment on Speedy Trial grounds, a grand jury re-indicted B...

  • United States v. Tucker
    959 F2d 232
    Eddie Ray Tucker pled guilty to conspiracy to possess with intent to distribute over five hundred grams of cocaine. (21 U.S.C. § 846 (1988)). He challenges the sentence imposed and we affirm. ...

  • United States v. Woods
    959 F2d 237
    Thomas Woods appeals his jury conviction for possession of "crack" cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). On appeal, Woods argues that the district court erre...

  • Pierson v. Oleary F
    959 F2d 1385
    Following a jury trial in an Illinois court, Wayne Pierson was convicted of murder pursuant to Ill.Rev.Stat. ch. 38, para. 9-1 (1985) and sentenced to 28 years in prison. Pierson appealed his convic...

  • Bonneau v. United States
    961 F2d 17
    This is an appeal from the denial by the district court of movant's § 2255 motion for relief. The only issue is whether appellant, Dennis Bonneau, who lost his right to a direct appeal of his co...

  • Quality Clinical Laboratories Inc v. Hyndman
    959 F2d 235
    In 1985, the plaintiffs, Quality Clinical Laboratories, Inc., and Reginald B. Henderson (hereinafter "Quality"), filed a civil rights action against several employees of the Michigan Attorney General'...

  • McColpin v. J Davies
    961 F2d 220
    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 ...

  • Frazier v. McCormick
    959 F2d 240
    Before EUGENE A. WRIGHT and ALARCON, Circuit Judges, and FONG, District Judge. MEMORANDUM Petitioner/Appellant Craig W. Frazier ("Frazier") appeals from the order of the district court denying his ...

  • United States v. Colon
    961 F2d 41
    This appeal in a Sentencing Guidelines case concerns primarily the aggregation of drug quantities for purposes of determining a base offense level and the appropriate procedure in the event of a modif...

  • Pittman v. Warden Pontiac Correctional Center
    960 F2d 688
    Michael Pittman was convicted on two counts of armed robbery and sentenced to two concurrent fifty-year terms of imprisonment. He now seeks a writ of habeas corpus under 28 U.S.C. § 2254, alleg...

  • United States v. Moore
    958 F2d 646
    Tony Aninao, Houston, Tex. (court appointed), for defendant-appellant. Edward Gallagher, III, Peggy Morris Ronca, Paula Offenhauser, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, Tex., f...

  • Wilfred v. The
    957 F2d 210
    The Southern Association of Colleges and Schools (SACS) and the Commission on Occupational Education Institutions (COEI) appeal the district court's order, 738 F.Supp. 200, granting injunctive relief ...

  • United States v. Dunbar
    959 F2d 236
    Defendant Charles Dunbar appeals the district court's judgment entered on the jury's verdict finding him guilty of the two counts in an indictment charging him with making false statements to a govern...

  • United States v. Ragland
    959 F2d 237
    Defendant-Appellant, Bill Ragland, was indicted in the United States District court for the Western District of Tennessee, Western Division. The indictment alleged defendant along with his co-defend...

  • United States Of America v. Jackson
    959 F2d 232
    Ronald Floyd Jackson appeals his sentence which was imposed after he pled guilty, pursuant to a plea agreement, to one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C.A...

  • United States v. M Sanchez
    960 F2d 610
    These cases, which arise out of convictions on charges relating to cocaine distribution, have been here before. In earlier appeals we affirmed the defendants' convictions but remanded the cases to t...

  • United States v. A Haynes
    961 F2d 50
    The defendant, Richard A. Haynes, was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) (1986). Following indictment for the crime, Haynes made a motio...

  • United States v. Chaikin
    960 F2d 171
    Max Chaikin and Marvin Gitelson, both of whom pleaded guilty to making false statements in violation of 18 U.S.C. § 1001 and interstate transportation of fraudulently obtained property in violati...

  • Chrysler Motors Corporation v. International Union Allied Industrial Workers Of America
    959 F2d 685
    Ronald Gallenbeck was discharged from his position as a fork lift operator by Chrysler Motors Corporation after he sexually assaulted a female co-worker. Pursuant to Chrysler's collective bargaining ...

  • United States v. Tillman
    959 F2d 243
    Before HUG and PREGERSON, Circuit Judges, and PECKHAM, Senior District Judge. MEMORANDUM Co-defendant Laurie Ann Tillman appeals her conviction for narcotics and weapons offenses under 21 U.S.C. &#...

  • United States v. John Doe Corp Ii
    960 F2d 318
    Each year, fraudulent billings by federal government contractors deplete the United States Treasury by millions, if not billions, of dollars. See S.Rep. No. 345, 99th Cong., 2d Sess. 3, reprinted in...

  • United States v. L Hildebrandt
    961 F2d 116
    Norbert L. Hildebrandt appeals both the judgment and his sentence following his conviction of two counts of submitting false statements to a government agency in violation of 18 U.S.C. § 1001 (19...

  • United States v. Hinojosa
    958 F2d 624
    Appellants Humberto Hinojosa and Carlos Lerma were both convicted of numerous drug related offenses. Both appellants insist the evidence was insufficient to support their convictions. They also cl...

  • United States v. Daniel
    962 F2d 100
    Jose Daniel appeals from the sentence he received in the United States District Court for the District of Puerto Rico, Jaime Pieras, Jr., J., after pleading guilty to a charge of aiding and abetting t...

  • United States v. Strachan
    959 F2d 243
    MEMORANDUM Gerald C. Strachan appeals his conviction and sentence for failure to appear, in violation of 18 U.S.C. § 3146(a), and his sentence for distributing cocaine, in violation of 21 U.S.C....

  • United States v. W Fuller
    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 ...

  • Appleby El v. Thornburgh J L
    959 F2d 245
    Petitioner Nathaniel B. Appleby-El was convicted of violation of the criminal laws of the State of Maryland and was subsequently transferred to the United States Penitentiary, Leavenworth, Kansas (USP...

  • Flanagan v. Warden Us Penitentiary Leavenworth
    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 ...

  • United States v. Page
    959 F2d 232
    Yolanda Page appeals her convictions for submitting and conspiring to submit false writings to the Department of Housing and Urban Development (HUD), in violation of 18 U.S.C. §§ 1001 and 10...

  • United States v. Burton
    959 F2d 245
    Before LOGAN and McWILLIAMS, Circuit Judges, and SPARR, District Judge. ORDER AND JUDGMENT** SPARR, District Judge. Defendant-appellant, Bennie Phillip Burton, pled guilty to a one-count supersed...

  • United States v. Parrotte
    959 F2d 232
    Andre Parrotte appeals from an order of the district court summarily denying Parrotte's petition under 28 U.S.C. § 2255 (1988). Because the record does not conclusively show that Parrotte is no...

  • United States v. Montalvo
    959 F2d 232
    Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, District Judge. (CR-90-52-C) Argued: George V. Laughrun, II, Goodman, Ca...

  • Bankers Trust Company v. Old Republic Insurance Company
    959 F2d 677
    This appeal and (conditional) cross-appeal bring up to us a tangle of jurisdictional and procedural issues arising out of complex federal litigation. Back in the early 1980s, Bankers Trust, a large ...

  • Means v. United States
    961 F2d 120
    Henry Bert Means, a 16-year old Native American, was convicted in January 1984 of voluntary manslaughter in violation of 18 U.S.C. §§ 1112 and 1153. He was sentenced under the Federal Yout...

  • United States v. Carel
    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 ...

  • Robinson v. A Belaski
    959 F2d 245
    On February 11, 1983, Petitioner-appellant Ernest Zep Robinson was convicted in federal district court in Missouri for a firearms offense and sentenced to eighteen months incarceration. During his r...

  • United States v. Shell
    961 F2d 138
    The government appeals from an order dismissing an indictment charging James Ray Shell with one count of passport falsification, 18 U.S.C. § 1542. The district court held that the indictment wa...

  • American Federation Of Government Employees v. Federal Labor Relations Authority
    960 F2d 176
    The American Federation of Government Employees, Local 1411 filed an unfair labor practice (ULP) charge to protest the proposed suspension of an employee allegedly for conduct occurring in the course ...

  • United States v. Van Boom
    961 F2d 145
    Increasingly, the sentence has become the principal issue in a federal criminal appeal. In this case, the sentence is the entire issue--whether the penalty provided by the Sentencing Guidelines for ...

  • Ortberg v. Moody
    961 F2d 135
    * Petitioner Cary R. Ortberg appeals the dismissal of his habeas corpus petition on the ground that it contained both exhausted and unexhausted claims. We affirm the district court's dismissal. Pe...

  • Nos 90 16623 90 16624
    960 F2d 1458
    Disappointed purchasers of certain Alpha Beta retail grocery stores sought treble damages under RICO for losses they incurred when the stores they bought failed to measure up to representations allege...

  • United States v. Londono
    959 F2d 245
    This appeal arises out of Nestor Londono's conviction for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) & 853 and for travelling in inter...

  • Clark v. R Thompson
    960 F2d 663
    Must a prisoner dissatisfied with the procedures used to consider his application for parole exhaust all remedies in state court before commencing federal litigation? Unless we overrule Walker v. Pr...

  • Flores Ramo v. Us Immigration and Naturalization Service
    959 F2d 240
    MEMORANDUM Desiderio Flores-Ramos appeals a Board of Immigration Appeals (BIA) ruling affirming the immigration judge's denial of his application for discretionary relief from deportation under secti...

  • United States v. Broadwell
    959 F2d 242
    Before WILLIAM A. NORRIS, BEEZER and LEAVY, Circuit Judges MEMORANDUM Paul Broadwell was convicted in 1981 on four counts of mail fraud in violation of 18 U.S.C. § 1341. On direct appeal, on...

  • United States v. Pugliese
    960 F2d 913
    Defendant Michael Pugliese appeals denial of his pro se motion for modification of conditions of his supervised release which would permit him to return to his home, wife, and child in Thailand during...

  • United States v. Huang
    960 F2d 1128
    Defendants Mike Huang, John Chu, Paul Park, and Kwan Yue Cheoi appeal from an order of the United States District Court for the Southern District of New York, Robert P. Patterson, Jr., Judge, entered ...

  • United States v. F Desimone
    959 F2d 238
    On June 30, 1982, John DeSimone, a former Chicago police officer, was convicted after a jury trial of, among other things, aiding and abetting a continuing criminal enterprise in violation of 18 U.S.C...

  • Stone v. Agnos
    960 F2d 893
    Christopher Stone brought an action against Arthur Agnos, Mayor of San Francisco; Frank Jordan, Chief of Police of San Francisco; and the City and County of San Francisco (the City) alleging that th...

  • United States v. Owens
    959 F2d 237
    Defendant-appellant, Terry Owens ("Owens"), appeals the sentence imposed following his guilty plea to one count of using a false social security number in violation of 42 U.S.C. § 408(g)(2). Th...

  • Steppe v. Da Engelhardt
    959 F2d 241
    MEMORANDUM Pro se plaintiff, Bernard Steppe, challenges the magistrate's determination that his arrest for public intoxication did not violate his constitutional rights, that Steppe's detention did n...

  • The People Of The Territory Of Guam v. Nuguid
    959 F2d 241
    MEMORANDUM Reynaldo P. Nuguid ("Nuguid") was charged with a series of offenses and sentenced to fourteen years in prison. During his trial, he was provided an interpreter, but the court only used t...

  • Myers v. Vogal
    960 F2d 750
    Chris Myers, Jr., an Iowa inmate, brought this 42 U.S.C. § 1983 action against two state judges and four attorneys. Myers contends the judges violated his constitutional rights by waiving juven...

  • Snyder v. Sumner
    960 F2d 1448
    Pursuant to a detainer filed under the Interstate Agreement on Detainers Act ("IADA"), 18 U.S.C. app. II, § 1 et seq. (1988); Nev.Rev.Stat. § 178.620 (1991) [all following cites will be t...

  • Botany Bey v. A Kolb
    959 F2d 238
    Before RIPPLE, Circuit Judge MANION, Circuit Judge GRANT, Senior District Judge Petitioner, Arthur Botany-Bey, challenges an order of the district court dated December 13, 1990 dismissing his third p...

  • United States v. M Dischner
    960 F2d 870
    These are consolidated appeals from convictions on jury verdicts rendered after an eight-month trial. Lewis Dischner and Carl Mathisen were found guilty of violating the Racketeer Influenced and Cor...

  • United States v. Chagra
    957 F2d 192
    Larry Zinn, San Antonio, Tex. (Court-appointed), Warren Burnett, Odessa, Tex. (Court-appointed), for Elizabeth Chagra. Oscar B. Goodman, Las Vegas, Nev., for Jamiel Chagra. W. Ray Jahn, LeRoy M....

  • Clark v. H Sewell
    959 F2d 233
    Before KEITH and SILER, Circuit Judges, and COHN, District Judge. Phillip Clark, a Kentucky prisoner proceeding without benefit of counsel, appeals from the judgment of the district court dismissing...

  • United States v. Ulibarri
    959 F2d 245
    After examining the briefs and the 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); T...

  • United States v. Marrero Quintana
    959 F2d 232
    David Marrero-Quintana appeals the district court's order denying relief under Fed.R.Crim.P. 35(a). We hold that the district court erred in sentencing Marrero-Quintana to a term of special parole, a...

  • Ellis v. Evans
    960 F2d 741
    Jerry Ellis, an Arkansas inmate, appeals from the order of the District Court for the Eastern District of Arkansas granting defendant prison officials' motions for summary judgment in Ellis's 42 U.S.C...

  • Lawrence v. Armontrout
    961 F2d 113
    The State of Missouri appeals the district court's order granting Edward V. Lawrence's petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. We remand for reconsideration of ...

  • Johnson v. Whitley
    959 F2d 240
    MEMORANDUM Johnson raises one issue on appeal from the district court's denial of his petition for a writ of habeas corpus: Did Detective Eubanks' statement to Johnson constitute "interrogation" und...

  • Universal Bonding Insurance Co v. Gittens and Sprinkle Enterprises Inc Us
    960 F2d 366
    Gittens and Sprinkle Enterprises, Inc. ("Gittens"), a contractor, filed for bankruptcy protection and attempted, as debtor in possession, to collect outstanding contract balances due from state, muni...

  • Cameron v. Immigration and Naturalization Services
    958 F2d 361
    The I.N.S. has moved for summary disposition of this petition for review of a deportation order entered after petitioner failed to appear for a hearing. We conclude the deportation order should be su...

  • United States v. Canada
    960 F2d 263
    Defendant, Barney Canada, a/k/a Byron Levon Canada, appeals from his sentence following a guilty plea. A principal issue is whether remarks made by the Assistant United States Attorney during senten...

  • Street v. Cameron
    959 F2d 230
    Pro se plaintiff Richard Street appeals from a district court judgment that dismissed his 42 U.S.C. § 1983 complaint on the ground that it was barred by the statute of limitations and therefore f...

  • United States v. Carlson
    959 F2d 242
    MEMORANDUM Margaret Carlson appeals her convictions for possessing and manufacturing marijuana in violation of 21 U.S.C. § 844(a) and § 841(a)(1) respectively. Her jury conviction on the p...

  • Michel v. Total Transportation Inc
    957 F2d 186
    Leroy Michel ("Michel") filed this action against his employer, Total Transportation, Inc. and its insurer, Assuranceforeningen Gard (collectively, "TTI"), to recover damages under the Jones Act (46 U...

  • United States v. R Gerry
    960 F2d 599
    Francis R. Gerry appeals the sentence imposed by the district court. Pursuant to an agreement with the government, defendant pleaded guilty to one count of burglary in exchange for the dismissal of ...

  • United States v. Bolanos
    959 F2d 242
    Before ALARCON, BEEZER and RYMER, Circuit Judges MEMORANDUM Ramon Bolanos pled guilty to possessing with the intent to distribute 1466 grams of cocaine in violation of 21 U.S.C. § 841(a)(1). ...

  • United States v. Womble
    959 F2d 243
    Before SCHROEDER and KOZINSKI, Circuit Judges, and HOGAN, District Judge. MEMORANDUM Womble was convicted of one count of distribution of cocaine and one count of possession of cocaine with intent ...

  • Clincy v. Toombs
    959 F2d 234
    Before KEITH and SILER, Circuit Judges, and COHN, District Judge. Paul Clincy, a Michigan state prisoner, appeals pro se from the district court judgment dismissing his petition for a writ of habeas...

  • Gibson v. United States
    959 F2d 234
    Before KEITH and SILER, Circuit Judges, and COHN, District Judge. Eva Gibson appeals a district court order denying her motion to vacate filed pursuant to 28 U.S.C. § 2255. This case has been...

  • Pepper v. C Parke
    959 F2d 235
    Stanley Lee Pepper, 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...

  • United States v. Nieves Rivera
    961 F2d 15
    A jury convicted the appellant, Gregorio Nieves-Rivera, a policeman, of assaulting and fatally beating a robbery suspect, thereby depriving him of his constitutionally protected "right to life." 18 U...

  • United States v. Rogers Tt Iii J F Jr I
    960 F2d 1501
    Gerald Leo Rogers (Rogers) appeals from his jury conviction on thirteen counts of a thirty count indictment. The indictment charged Rogers with ten counts of mail fraud, 18 U.S.C. § 1341; one ...

  • United States v. Sposato
    959 F2d 243
    Before SCHROEDER and KOZINSKI, Circuit Judges, and REED, District Judge. MEMORANDUM Sposato was convicted of one count of distribution of 992 grams of cocaine in violation of 21 U.S.C. § 841(a...

  • Dorani v. United States
    959 F2d 234
    Morad Khan Dorani, a pro se federal prisoner, appeals a district court order denying his motion to vacate his sentence under 28 U.S.C. § 2255. This case has been referred to a panel of the cour...

  • Bodytko v. C Parke
    959 F2d 233
    Terry Lee Bodytko, a pro se Kentucky prisoner, appeals a district court's judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. This case has been referred ...

  • Coats v. W Reynolds
    959 F2d 234
    Before KEITH and SILER, Circuit Judges, and COHN, District Judge. James R. Coats, a pro se Tennessee prisoner, appeals a district court order dismissing his civil rights action as frivolous under 28...

  • United States v. De Gross
    960 F2d 1433
    A jury convicted Juana Espericueta De Gross of aiding and abetting the transportation of an alien within the United States. De Gross appealed her conviction. A panel of this court reversed her con...

  • Gore v. W Compton
    959 F2d 234
    Mark Gore appeals the district court's order grnting the defendant's motion to dismiss this 28 U.S.C. § 2254 state petition for a writ of habeas corpus. This case has been referred to a panel o...

  • Kirk v. Negendank
    959 F2d 234
    This appeal arises in an action filed under 42 U.S.C. § 1983 (1988) by Douglas Kirk, an inmate at the Adrian Temporary Facility in Michigan, in which he alleged that the defendant, Dr. Herbert Ne...

  • United States v. Williams
    957 F2d 1238
    The defendant appeals his conviction for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). Finding the district court's errors to be harmless, we affirm the co...

  • United States v. Zuluaga
    959 F2d 243
    MEMORANDUM Oscar Zuluaga appeals from the sentence imposed following his plea of guilty to conspiracy to distribute cocaine in violation of 21 U.S.C. § 841. Zuluaga contends that the district ...

  • Fisher v. United States Of America
    959 F2d 230
    Pro se plaintiff-appellant David Fisher appeals from a district court judgment dismissing his complaint for damages alleged to have resulted from his wrongful arrest and indictment on drug charges. T...

  • Lyon v. Vidor
    959 F2d 234
    Kelvin Lyon, pro se, appeals the district court's judgment granting the defendants' motion for summary judgment in this civil rights action filed under 42 U.S.C. § 1983. The defendants include ...

  • Campbell v. Blodgett O
    978 F2d 1502
    Campbell was convicted of three counts of aggravated first degree murder and sentenced to death in the State of Washington. He filed a petition for writ of habeas corpus in the federal district cour...

  • Jones v. R Story Fci
    959 F2d 234
    Before NATHANIEL R. JONES and ALAN E. NORRIS, Circuit Judges, and JOINER, Senior District Judge. Maurice Jones, a pro se federal prisoner, appeals the district court's judgment dismissing his motion...

  • Brandt v. Schal Associates Incorporated C N L Campbell
    960 F2d 640
    A contract dispute between a commercial construction management firm, Schal Associates (Schal), and a hired contractor specializing in the design and installation of window-wall systems, Crescent Corp...

  • Gibbs v. Jabe
    972 F2d 347
    Paul D. Gibbs, a Michigan prisoner proceeding without benefit of counsel, has moved for a rehearing en banc of this court's order of March 2, 1992, denying his motion for leave to proceed in forma pau...

  • Young Ii v. J Quinlan Wl H 1 21
    960 F2d 351
    Kenneth McClure Young II, formerly a federal prisoner, appeals the district court's order granting defendants' motion for summary judgment in his suit for monetary damages against various federal pris...

  • Harris v. State Of Missouri
    960 F2d 738
    A state court jury convicted Herbert W. Harris of forcible rape, assault, burglary, robbery, armed criminal action, and exhibiting a deadly weapon in a threatening manner. The jury recommended sente...

  • United States v. V Padilla
    960 F2d 854
    The United States appeals an order of the district court holding that the defendants had standing to bring a motion to suppress, that there was no reasonable suspicion for the stop of a vehicle, and t...

  • Mdphysicians Associates Inc v. State Board Of Insurance A
    957 F2d 178
    This case involves the definition of an "employee welfare benefit plan" found in the Employee Retirement Income Security Act of 1974. We confess that the parties seemed "bewitched, bothered and bewi...

  • United States v. Cisneros Calderon
    959 F2d 242
    MEMORANDUM Jose Cisneros-Calderon appeals from his sentence, imposed following conviction after jury trial, for conspiracy to possess and possession with intent to distribute cocaine and aiding and a...

  • Poindexter v. Bogan
    959 F2d 235
    Rudolph Poindexter appeals from the district court's order denying his petition for a writ of habeas corpus which he filed pursuant to 28 U.S.C. § 2241. This case has been referred to a panel o...

  • United States v. Van Schoiack
    959 F2d 243
    Before EUGENE A. WRIGHT and ALARCON, Circuit Judges, and FONG, District Judge. MEMORANDUM From December 1985 until mid-1989, the appellants participated in a scheme to defraud homeowners of their p...

  • Klingler v. United States R
    959 F2d 234
    David Klingler, represented by counsel, appeals the district court's judgment denying his motion to vacate. 28 U.S.C. § 2255. This case has been referred to a panel of the court pursuant to Ru...

  • United States v. Glaspell
    959 F2d 242
    MEMORANDUM Bruce F. Glaspell appeals the revocation of his probation. We affirm. On February 13, 1985, Glaspell pled guilty to three counts of wire fraud. Glaspell ran an investment scam, in wh...

  • United States v. Strem
    959 F2d 243
    MEMORANDUM Richie C. Strem appeals his conviction, following a jury trial, of filing false income tax returns in violation of 26 U.S.C. § 7206(1). Strem contends that the district court erred ...

  • Coogan v. McCaughtry
    958 F2d 793
    On April 20, 1979, Charles Coogan shot and killed a bartender and a patron at the Four Corners Tavern in Chippewa Falls, Wisconsin. After a jury trial Coogan was convicted on two counts of first deg...

  • Rodriguez v. G Toombs
    959 F2d 235
    Jose Rodriguez, pro se, appeals the district court's order granting the defendants' motion for summary judgment in this civil rights claim filed pursuant to 42 U.S.C. § 1983. The defendants inc...

  • Baker v. Kassulke
    959 F2d 233
    Tina Michelle Baker, a Kentucky state prisoner proceeding without benefit of counsel, appeals from the order of the district court dismissing her cause of action filed pursuant to 42 U.S.C. § 198...

  • Clavijo Sanchez v. United States Angarita Garzon
    959 F2d 233
    Jorge Clavijo-Sanchez, Luis Humberto Angarita-Garzon, and Hector Rios, appeal district court orders denying their motions to vacate their sentences filed under 28 U.S.C. § 2255. The cases have ...

  • United States v. Morgan
    959 F2d 237
    Before NATHANIEL R. JONES and ALAN E. NORRIS, Circuit Judges, and JOINER, Senior District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit...

  • Wiley v. Corrections Cabinet Of Kentucky
    959 F2d 237
    Before RALPH B. GUY, Jr. and BATCHELDER, Circuit Judges, and SPIEGEL, District Judge. This pro se Kentucky prisoner appeals the district court's order dismissing his petition for a writ of habeas co...

  • United States v. L Johnson
    959 F2d 237
    Before RALPH B. GUY, Jr. and BATCHELDER, Circuit Judges, and SPIEGEL, District Judge. William L. Johnson, Sr., appeals his judgment of conviction for possessing with intent to distribute cocaine, co...

  • Anderson v. United States
    959 F2d 233
    Roy Anderson appeals from the district court's order denying his motion to vacate sentence filed under 28 U.S.C. § 2255. This case has been referred to a panel of the court pursuant to Rule 9(a...

  • Stewart v. T Smith
    959 F2d 236
    Jimmie Keith Stewart, a Kentucky state prisoner, requests the appointment of counsel on appeal from the dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. This case h...

  • Caudle v. United States
    959 F2d 233
    Before NATHANIEL R. JONES and ALAN E. NORRIS, Circuit Judges, and JOINER, Senior District Judge. Perry Duwayne Caudle, a pro se federal prisoner, appeals the district court's order denying his motio...

  • Hooker v. United States Of America
    959 F2d 230
    The petitioner filed a motion, pursuant to 28 U.S.C. § 2255, in the district court, alleging that that court had unlawfully sentenced him as a second offender. The district court dismissed that ...

  • Chavis v. County Of Los Angeles
    959 F2d 239
    MEMORANDUM Gerald Chavis, 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, 878 F.2d...

  • Vargas Enriquez v. United States
    959 F2d 243
    MEMORANDUM Maria Vargas-Enriquez, a federal prisoner, appeals pro se the district court's denial of her 28 U.S.C. § 2255 motion. We review de novo, United States v. Angelone, 894 F.2d 1129, 1...

  • United States v. V Forde
    958 F2d 1157
    This case was considered on the record from the United States District Court for the District of Columbia and on the briefs and oral arguments of counsel. The court is satisfied that appropriate dis...

  • United States v. J Diggs
    958 F2d 1157
    Before MIKVA, Chief Judge, and RUTH BADER GINSBURG and BUCKLEY, Circuit Judges This appeal was considered on the record from the United States District Court for the District of Columbia and on the b...

  • United States v. Thompson
    958 F2d 1157
    Before MIKVA, Chief Judge, and RUTH BADER GINSBURG and BUCKLEY, Circuit Judges This appeal was considered on the record from the United States District Court for the District of Columbia and on the b...

  • Duane v. P Lane
    959 F2d 673
    Daniel Duane, a prisoner at Menard Correctional Center in Illinois, sued four officials of the Illinois Department of Corrections under 42 U.S.C. § 1983, alleging that their "deliberate indiffere...

  • Caldwell v. City Of Elwood Indiana
    959 F2d 670
    Michael Caldwell appeals the district court's dismissal of his First Amendment retaliation claim under 42 U.S.C. § 1983 for failure to state a claim upon which relief can be granted. Fed.R.Civ....

  • Sivard v. Pulaski County
    959 F2d 662
    The plaintiff-appellant sued Pulaski County, Indiana, its sheriff, and a local doctor for unconstitutional detention and personal injuries suffered while in prison. The district court dismissed the ...

  • 2
    959 F2d 234
    Paul Clincy appeals the district court's judgment dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. This case has been referred to a panel of the court pur...

  • Bobo v. United States
    959 F2d 233
    James Bobo, a pro se federal prisoner, appeals the district court's order denying his motion to vacate, set aside, or reduce sentence filed pursuant to 28 U.S.C. § 2255. This case has been refe...

  • Ricci v. Paolino
    959 F2d 230
    Plaintiff Thomas Ricci appeals from a judgment of the district court dismissing his civil rights action for failure to state a claim. For the reasons that follow, we affirm. In 1984, in connection ...

  • Smith v. United States
    959 F2d 236
    Royal Clifford Smith, a pro se federal prisoner, appeals the district court's dismissal of his motion to vacate his sentence filed under 28 U.S.C. § 2255. This case has been referred to a panel...

CUSTOM EMAIL ALERTS!

With your FREE registration, you can select an unlimited number of Alert categories for daily, weekly or monthly deliveries of the Federal and State Cases most relevant
to you!

Click Here to sign up.

 



All Content © 2007-2012 The Judicial View, L.L.C. All Right Reserved.
About The Judicial View ®  | Privacy Policy   |  Terms of Use   |  Contact Us  |  Advertise