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  • United States v. Payan
    992 F2d 1387
    Pedro Carrillo Payan appeals several aspects of his criminal convictions relating to the transportation in interstate and foreign commerce of stolen property. He also appeals his resulting sentence....

  • United States v. Cook
    995 F2d 305
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs of counsel. After full review of the parties' written submissions, the c...

  • United States v. Rascon Ortiz
    994 F2d 749
    At a permanent border patrol checkpoint located near the United States-Mexico border, agents discovered thirty-eight pounds of marijuana hidden in the fuel tank of a vehicle driven by the Appellees, J...

  • Arnott v. Mataya
    995 F2d 121
    This is an appeal from the district court's denial of a motion for summary judgment for claims brought against police officers John Mataya and Greg Connolly under 42 U.S.C. § 1983, for false arre...

  • United States v. Simpson
    995 F2d 109
    At the heart of this case lies a mystery: who is Gene Greene? A jury convicted Reid Simpson of filing false insurance forms with the United States Department of Agriculture (USDA), and he claims th...

  • Oconnor v. W Steeves
    994 F2d 905
    Patrick O'Connor, former Superintendent of Public Works for the Town of Nahant, Massachusetts ("Town"), was discharged following an extended feud with Selectman Robert Steeves. O'Connor sued the Tow...

  • United States v. Higgins
    995 F2d 1
    In this appeal, defendant Raymond Lee Higgins argues that the district court improperly denied his request for in camera disclosure of a confidential government informant. Finding that the district ...

  • United States v. A Jones
    994 F2d 1051
    The United States Attorney for the Virgin Islands appeals from an order of the district court suppressing the evidence taken from the residences of defendants Elson A. Jones, Dwayne D. Hunte, and Neil...

  • United States v. Jones
    993 F2d 58
    Defendants Mark Jones and Ira Drayton and a third person drove to a bank and attempted to force open its locked doors. Drayton carried a gun at the time. Shortly thereafter, the three were arreste...

  • United States v. Davis
    993 F2d 62
    Contending primarily that he was denied closing argument in violation of his Sixth Amendment right to counsel, Tylor Leon Davis appeals his conviction for possession with intent to distribute cocaine ...

  • Fernandez Farias v. United States
    995 F2d 231
    MEMORANDUM Jorge Fernandez-Farias appeals pro se from a summary dismissal of his motion for habeas relief filed pursuant to 28 U.S.C. § 2255 (1988). In his motion, Fernandez-Farias contends th...

  • United States v. L Diaz
    994 F2d 393
    Undercover agents arrested Gilberto Rios and Rafael Gonzalez for possessing three kilograms of cocaine. The two men told the agents that they were on their way to deliver two-thirds of the cocaine t...

  • Oberti Oberti v. Board Of Education Of Borough Of Clementon School District
    995 F2d 1204
    The Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1485 (formerly the "Education for All Handicapped Children Act"), provides that states receiving funding under the A...

  • United States v. Ramsey
    992 F2d 301
    Appellant Phillip Ramsey ("Ramsey") was convicted of knowingly possessing with intent to distribute more than 100 grams of crack cocaine, in violation of 21 U.S.C. § 841(a)(1). He appeals his c...

  • United States v. Douglas
    995 F2d 233
    MEMORANDUM Pauline Douglas appeals her sentence imposed under the Sentencing Guidelines after resentencing. She was originally convicted of possession with intent to distribute cocaine and distribu...

  • United States v. Perez
    992 F2d 295
    Rafael Perez was convicted and sentenced to forty-one months in prison following his guilty plea to the charge of violating 18 U.S.C. § 1956(a)(3)(B), commonly known as the "sting provision" of t...

  • United States v. Mills
    995 F2d 480
    Anthony Wayne Harrison, Sr., Hugh Davis North, III, Harrison, North, Cooke & Landreth, Greensboro, NC, argued for plaintiff-appellant Scales. Michael Andrew Grace, Greeson, Grace & Gatto, P....

  • Friedmann v. Sheldon Community School District
    995 F2d 802
    Thomas J. Whorley, Sheldon, IA, argued, for appellants. Randall C. Wilson, Des Moines, IA, argued, for appellees. ORDER Appellants Sheldon Community School District and Marcus Community School Dist...

  • United States v. A
    994 F2d 684
    Kimbel LeMaux appeals his conviction of conducting a continuing criminal enterprise in violation of 21 U.S.C. § 848. A CCE violation requires, inter alia, proof that the accused took part in th...

  • United States v. Holsey Q D O
    995 F2d 960
    In a two-count indictment Lloyd Oren Holsey was charged as follows: in Count 1, Holsey was charged with taking by force and violence approximately $2,900.00 in currency belonging to the Kansas State ...

  • Thompson v. United States
    995 F2d 233
    MEMORANDUM Eules Thompson appeals pro se the district court's denial of his habeas petition filed pursuant to 28 U.S.C. § 2255 (1988). Thompson pleaded guilty to a violation of 21 U.S.C. §...

  • Rutulante v. H Gomez
    995 F2d 232
    Before KOZINSKI, SUHRHEINRICH, and T.G. NELSON, Circuit Judges MEMORANDUM*** We review de novo the district court's denial of a habeas petition. McSherry v. Block, 880 F.2d 1049, 1051 (9th Cir.19...

  • United States v. J Shipp
    996 F2d 1220
    Defendant Antoine J. Shipp was found guilty of violating 18 U.S.C. § 922(g)(1), unlawful possession of a firearm by a convicted felon, after a one-day jury trial on April 1, 1992. Defendant was...

  • United States v. H Carty
    993 F2d 1005
    On July 30, 1990, the Providence Police executed a state-court search warrant at the residence of appellant Ralph Carty and seized several firearms and a small quantity of cocaine. Carty was tried a...

  • Mylett v. M Mullican
    992 F2d 1347
    This appeal by Christopher James Mylett poses first amendment free speech and fourteenth amendment due process questions. For the reasons assigned we affirm the judgment of the district court. Backg...

  • Ortega v. Cosmair Inc
    996 F2d 1216
    Plaintiff Ninfa Ann Ortega appeals the district court's grant of summary judgment for defendant Cosmair, Inc. ("Cosmair") on her claims of age discrimination under the Age Discrimination in Employmen...

  • United States v. Hooker
    993 F2d 898
    Appellant challenges the district court's decision to revoke her probation and impose a sentence of 12 months. We reject appellant's claim that the district court applied an improper evidentiary sta...

  • United States v. K Smaw
    993 F2d 902
    Appellant challenges several aspects of her sentencing. We affirm the district court's enhancement of her sentence for obstruction of justice and its refusal to grant a reduction for acceptance of r...

  • United States v. Lopez Parra
    995 F2d 234
    MEMORANDUM Rafael Lopez-Parra appeals from his sentence of 30 months imprisonment following a guilty plea to one count of transporting an undocumented alien in violation of 8 U.S.C. § 1324(a)(1)...

  • United States v. S Nelson
    996 F2d 1218
    The court has previously filed an opinion in this case on January 21, 1993, and the government has subsequently filed a timely motion for rehearing. The motion for rehearing correctly sets out that ...

  • Zessman v. Sumner
    995 F2d 235
    Before: CANBY and BRUNETTI, Circuit Judges, and WILSON, District Judge. MEMORANDUM Zessman was arrested and held on an open murder charge for the death of his infant son. At the arraignment, the...

  • Steele Steele v. E Mesker F J B
    996 F2d 311
    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. Porter
    994 F2d 470
    Edwin Gartin, Bentonville, AR, argued, for appellant. William Cromwell, Asst. U.S. Atty., Ft. Smith, AR, argued, for appellee. Before MORRIS SHEPPARD ARNOLD, Circuit Judge, FLOYD R. GIBSON, Senior...

  • United States v. Black
    995 F2d 233
    MEMORANDUM Clifford Gene Black appeals his conviction, following a jury trial, for interfering with federally protected activities and aiding and abetting in violation of 18 U.S.C. §§ 2, 24...

  • In Re Grand Jury John Doe
    993 F2d 1530
    Appellant has appealed from an order of the district court holding him in civil contempt for refusing to testify as a witness before a grand jury. See 28 U.S.C. § 1826(a). The district court gr...

  • United States v. Camacho Nuno
    995 F2d 233
    Before: HUG, WIGGINS, and THOMPSON, Circuit Judges MEMORANDUM Alfredo Camacho-Nuno appeals his convictions, following a jury trial, for conspiracy to distribute cocaine in violation of 21 U.S.C. &#...

  • Kieffer v. United States
    995 F2d 231
    MEMORANDUM Howard Owen Kieffer, a federal prisoner, appeals pro se the district court's denial of his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. Kieffer ...

  • Farmer v. State Of Oklahoma
    996 F2d 310
    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. Austin
    995 F2d 233
    MEMORANDUM Frank Charles Austin appeals his 24-month sentence imposed following his guilty plea to six counts of mail fraud and two counts of using fictitious names in violation of 18 U.S.C. §&#...

  • United States v. Crosby
    995 F2d 233
    MEMORANDUM Appellant Jerry Lee Crosby pled guilty to three counts of unarmed bank robbery and was sentenced to 121 months in prison. Crosby appeals from his sentence, arguing that the district cour...

  • Stow v. Grimaldi
    993 F2d 1002
    Plaintiff appeals from the dismissal of his action as frivolous. We affirm. Plaintiff, an inmate at New Hampshire State Prison, filed a civil rights action seeking declaratory, injunctive, and dam...

  • United States v. Washington
    995 F2d 1068
    Calvin Washington appeals his jury conviction and sentence for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and for carrying a firearm during a drug tra...

  • Rudiger Charolais Ranches v. Van De Graaf Ranches
    994 F2d 670
    Plaintiff Rudiger Charolais Ranches ("the Gang Ranch") appeals from a judgment resulting from the district court's grant of a directed verdict in favor of the defendant, Van De Graaf Ranches, Inc. T...

  • Sloan v. D Marshall
    995 F2d 233
    MEMORANDUM Melvin Sloan, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. Sloan contends that his state appeal was exc...

  • United States v. Sims
    995 F2d 234
    The Guidelines allow a two-level upward adjustment "[i]f the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice during the investigation, pros...

  • United States v. Navarro
    995 F2d 234
    MEMORANDUM Miguel Vasquez Navarro appeals his conviction and 124-month sentence after a jury trial for conspiracy to distribute and distribution of cocaine in violation of 21 U.S.C. §§ 841(...

  • United States v. Dixon
    993 F2d 1540
    Thomas Bernard Dixon appeals his conviction on a crack cocaine charge, alleging that the district court erred by denying his motion to sever. We find no error and affirm. Dixon and Horace A. Thomps...

  • United States v. Ortega
    995 F2d 234
    MEMORANDUM Robert Sanchez Ortega appeals his 120-month sentence after a guilty plea to conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1), 846. Despite a negotiated p...

  • Pemberton v. Collins
    991 F2d 1218
    Jimmy Dale Pemberton appeals the district court's denial of habeas corpus relief, claiming that his conviction for murder violated the federal Constitution. Pemberton is currently serving a life ter...

  • United States v. T Rosen
    995 F2d 234
    MEMORANDUM Edward T. Rosen appeals his 97-month sentence imposed following entry of guilty pleas to three counts of bank robbery in violation of 18 U.S.C. § 2113(a). Rosen contends that the di...

  • United States v. M Welsand
    993 F2d 1366
    Appellant Loren M. Welsand is awaiting sentencing on his conviction of nine counts of mail fraud, theft from the United States, false statements, and wrongful use of a social security number. Follow...

  • United States v. Campos Gonzales
    996 F2d 1217
    Defendant-Appellant Otoniel Campos-Gonzales appeals his conviction following a conditional guilty plea. The sole issue on appeal is whether the district court erred in denying Campos-Gonzales' motio...

  • Vernon v. Marriott Hotel Of Albuquerque
    996 F2d 312
    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. Olson
    995 F2d 234
    MEMORANDUM In these consolidated appeals, Milton Donovan Olson and Bryan D. Olson (The Olsons) appeal the denial of their Fed.R.Crim.P. 33 motion for a new trial following their convictions for mail ...

  • United States v. L Montalvo
    995 F2d 234
    MEMORANDUM Michael L. Montalvo, a federal prisoner, appeals pro se the denial of his petition for a writ of error coram nobis challenging his conviction by guilty plea for being a felon in possession...

  • United States v. Spencer
    995 F2d 10
    Defendant-appellant Michael Spencer was convicted in the United States District Court for the Southern District of New York (DiCarlo, J.) after a jury found him guilty of conspiracy to commit armed ro...

  • United States v. E Mayfield
    995 F2d 306
    This appeal 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 issues have been accorded full consid...

  • Cumbie v. K Singletary
    991 F2d 715
    Kenneth Cumbie was convicted in 1987 in Florida circuit court of attempting to sexually assault his five year old stepdaughter, Cathy. During the trial Cathy testified via one-way closed circuit tel...

  • United States v. Tran
    995 F2d 235
    MEMORANDUM Defendant Lieu Thi Tran ("Tran") and her co-defendant Ny This Loper were convicted by a jury of conspiracy to possess with intent to distribute opium, in violation of 21 U.S.C. § 846;...

  • Stetson v. Nynex Service Company Nynex
    995 F2d 355
    Plaintiff John C. Stetson appeals from a judgment of the United States District Court for the Southern District of New York, Charles S. Haight, Jr., Judge, dismissing his action against defendants NYN...

  • Truck Drivers Helpers Union Local No v. National Labor Relations Board
    993 F2d 990
    In this case we review a decision and order of the National Labor Relations Board (the "Board"). The General Counsel of the Board brought an unfair labor practice complaint against an employer based...

  • United States v. Lovins
    993 F2d 1244
    Defendant Rynell Lovins appeals his sentence for attempted bribery of a law enforcement officer to hinder a federal investigation in violation of 18 U.S.C. § 1512(b)(3), and possession with the i...

  • United States v. Saget
    991 F2d 702
    Appellants were tried and convicted by a jury on charges stemming from a fifteen-count indictment handed down by a grand jury. Appellants raise numerous issues on appeal, including insufficiency of ...

  • United States v. Dk Johnson
    994 F2d 980
    Defendant-appellant D.K. Johnson appeals from a judgment entered on August 7, 1992 after a jury trial in the United States District Court for the Eastern District of New York (Raggi, J.), convicting h...

  • Pro Choice Network Of Western New York Pc v. Walker R
    994 F2d 989
    These two appeals involve contempt judgments resulting from violations of the same Temporary Restraining Order (TRO) issued by Judge Arcara on September 27, 1990. We address both appeals together be...

  • Department Of Justice Tx v. Federal Labor Relations Authority
    991 F2d 285
    We review a Federal Labor Relations Authority ("FLRA") decision concerning a union's demand for documents from a government agency. The FLRA argues that the United States Border Patrol committed an ...

  • United States Of America v. A Moore
    993 F2d 1541
    Arch Moore, Jr. appeals from an order of the district court denying his motion for a writ of habeas corpus. In support of his motion to vacate pursuant to 28 U.S.C. § 2255, Moore has claimed tha...

  • United States Of America v. R Mbonu
    993 F2d 1540
    Chikezie R. Mbonu appeals from the district court's order refusing relief under 28 U.S.C. § 2255 (1988). Our review of the record and the district court's opinion accepting the recommendation of...

  • United States v. Jennings
    991 F2d 725
    Appellant Ernest Lee Jennings ("Jennings") was charged with (1) knowingly forcibly assaulting, resisting, impeding and interfering with Officer Kevin Lee Poole ("Poole") of the Bureau of Prisons while...

  • Dove v. Waters
    993 F2d 1536
    Arthur Carl Dove appeals from the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. § 2254 (1988). Our review of the record and the district court's opinion accepting th...

  • Sullivan v. Central Intelligence Agency
    992 F2d 1249
    Invoking the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (1988), plaintiff-appellant Sherry Ann Sullivan requested information from nine federal agencies. Her curiosity unslaked by the me...

  • United States v. Jones
    994 F2d 456
    In these consolidated appeals, Carroll Damon Jones appeals from a final judgment entered in the District Court for the Eastern District of Arkansas sentencing him to 120 months imprisonment, 3 years s...

  • Evans v. McCormick
    995 F2d 231
    MEMORANDUM Owen Todd Evans, a Montana state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 habeas corpus petition. Evans contends that his convictions for felony assault and aggra...

  • United States v. L Wilkins
    995 F2d 1068
    Defendant Eric Lamar Wilkins appeals a district court order reinstating his conviction following an appeal and remand for a hearing to determine the propriety of prosecuting him as an adult. The def...

  • United States v. B
    993 F2d 1362
    During the course of an investigation of Robert B. DePugh, a convicted felon, police officers executing a state warrant discovered firearms. Authorities obtained and executed a federal warrant, and ...

  • Drexel Burnham Lambert Group Inc
    995 F2d 1138
    This appeal concerns a $1.3 billion global settlement of civil claims that arose as a result of Michael Milken's illicit activities as head of Drexel Burnham Lambert Group's High Yield and Convertible...

  • Spence v. Maryland Casualty Company K B
    995 F2d 1147
    Plaintiff Erwin J. ("Jack") Spence, Jr., appeals from a judgment entered in the United States District Court for the Western District of New York, William M. Skretny, Judge, dismissing his complaint ...

  • United States v. Three Tracts Of Property Located On Beaver Creek Knott County Kentucky 2910000
    994 F2d 287
    Claimants appeal the district court's grant of summary judgment for the government in this civil action for forfeiture of 51 acres of real property, for the forfeiture of a one-half acre tract, and fo...

  • United States v. Fuentes
    991 F2d 700
    Appellants Noel Fuentes, Jessie Colon, and Jose Galvez were indicted for various credit card offenses. Fuentes and Colon pled guilty to conspiracy to traffic in and to use unauthorized credit cards ...

  • Mershon v. R Beasley Mershon
    994 F2d 449
    Between 1983 and 1987, brothers Clark, Paul, and Gary Mershon farmed as a partnership in Bates County, Missouri. During that time, they borrowed money through a line of credit with the Missouri Farm...

  • Johnson v. Evatt
    993 F2d 1537
    Defendant Willie Johnson appeals the district court's denial of his habeas petition. We find no error in the denial, and affirm. * Willie Johnson ("Johnson") and Vivian Johnson ("Vivian") met at so...

  • Sliker v. United States
    995 F2d 233
    MEMORANDUM Joseph Howard Sliker appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence imposed following his guilty plea to manufacture of methamphetamine, in ...

  • United States v. E Austin
    995 F2d 233
    A district court's determination that a defendant obstructed justice is a finding of fact which we review for clear error. United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990). On May 15, ...

  • Gonzalez v. United States
    995 F2d 231
    MEMORANDUM Erwin Gonzalez, a federal prisoner, appeals pro se the denial of his 28 U.S.C. § 2255 motion to vacate his sentence imposed following his guilty plea to conspiracy to possess with int...

  • Sambrano v. Borg
    995 F2d 232
    MEMORANDUM Arthur M. Sambrano, a California prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition. He contends that the state trial court violated his constitut...

  • Qawi v. Vasquez
    995 F2d 232
    MEMORANDUM Kanuri Sugury Qawi, a California state prisoner, appeals pro se the summary denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for assault. Qawi conten...

  • United States v. Borromeo
    995 F2d 23
    The government, in its complaint in the forfeiture action, targeted two categories of property: (1) one parcel of real estate and certain personal property used to facilitate illegal drug dispensing ...

  • Sanders v. Borg
    995 F2d 232
    MEMORANDUM Danny Sanders appeals pro se the district court's denial of his motion for a writ of habeas corpus. Mr. Sanders contends that his constitutional rights were violated at trial for the fol...

  • Maurer v. E Koenig
    995 F2d 232
    MEMORANDUM Martin K. Maurer, a California state prisoner serving a life term, appeals pro se the district court's summary judgment denying his 28 U.S.C. § 2254 habeas corpus petition and dismiss...

  • Jurcin v. Superior Court Of Arizona
    995 F2d 231
    MEMORANDUM Francis Lee Jurcin, an Arizona state prisoner, appeals pro se the summary dismissal of his 28 U.S.C. § 2254 habeas corpus petition. He contends that the district court erred by cons...

  • Christian v. Cambra
    995 F2d 230
    MEMORANDUM Dean A. Christian, a California state prisoner, appeals pro se the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. Christian contends that the district court erred by find...

  • Baptiste v. Rowland
    995 F2d 230
    MEMORANDUM Kenneth E. Baptiste, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. The district court dismissed Bapt...

  • Hurlburt v. J Cunningham
    996 F2d 1273
    After a jury trial in a New Hampshire superior court, Robert Hurlburt was convicted of being a felon in possession of a firearm in violation of state law, and sentenced to an extended term of 7 1/2 to...

  • United States v. Acevedo Cerbellon
    995 F2d 233
    MEMORANDUM Appellant Acevedo-Cerbellon pled guilty to illegally entering this country after deportation in violation of 8 U.S.C. § 1326, and received a sentence of 84 months imprisonment. Acev...

  • United States v. Rodgers
    996 F2d 312
    Before HOLLOWAY and LOGAN, Circuit Judges, and BRIMMER, District Judge. ORDER AND JUDGMENT** BRIMMER, District Judge. Appellant Donald Lee Powers ("Powers") is an admitted cocaine addict. Power...

  • United States v. Koonce
    991 F2d 693
    This case arose from Appellant Jeffrey Koonce's use of a BB gun to rob a post office. His appeal presents two questions. One involves a Sentencing Guidelines issue of first impression stemming fro...

  • Information Systems and Networks Corporation v. United States
    994 F2d 792
    Information Systems and Networks Corporation (ISN) appeals from the June 16, 1992 order of the United States Claims Court denying its motion for relief from default judgment. Information Sys. Network...

  • United States v. Byron
    994 F2d 747
    This is an interlocutory appeal from an order of the district court denying a motion to dismiss an indictment and a motion for disclosure of certain grand jury records. Because the issues are posite...

  • Perez Perez v. Popular Leasing Rental Inc
    993 F2d 281
    Harry A. Ezratty, San Juan, for appellants. Arnoldo E. Granados with whom Ortiz Toro & Ortiz Brunet, Hato Rey, PR, was on brief for appellee. Before TORRUELLA and STAHL, Circuit Judges, and SK...

  • United States v. James
    993 F2d 1540
    Kenny Joe James, a North Carolina resident and a former vicepresident of First Southern Financial Corporation (FSF) of Fayetteville, North Carolina, pled guilty to making a false statement to a financ...

  • Douglas v. Douglas
    995 F2d 231
    MEMORANDUM Cecil H. Storms appeals pro se the Bankruptcy Appellate Panel's ("BAP") order affirming the Bankruptcy Court's order sustaining debtor William A. Douglas's objection to Storm's proof of cl...

  • Jacobs v. Angelone
    995 F2d 231
    MEMORANDUM Michael Jacobs, a Nevada state prisoner, appeals pro se the district court's denial of his motion for temporary restraining order ("TRO") and/or preliminary injunction. Jacobs's motion re...

  • United States v. Ford
    993 F2d 249
    Mark Allen Ford was charged with five violations of federal narcotics and firearms laws. On the day trial was scheduled to begin, he entered a plea of guilty to one of the narcotics and one of the f...

  • Martel v. F Stafford
    992 F2d 1244
    This appeal could do double duty as a law school examination question. It follows a district court's dismissal of the third action brought by plaintiff-appellant Scott Martel in what has been a cons...

  • United States v. Bryant
    993 F2d 1539
    Barbara Bryant entered a guilty plea to one count of acquiring a controlled substance through fraud (21 U.S.C.A.s 843(a)(3) (West 1981 & Supp. 1992), and to one count of possessing hydromorphone (...

  • United States v. Plumley
    993 F2d 1140
    After pleading guilty to conspiracy to commit bank robbery, 18 U.S.C. § 371, Brenda Jane Plumley was sentenced to twelve months' imprisonment and three years' supervised release, and ordered to p...

  • United States v. Beavers
    993 F2d 1539
    Bobby Duke Beavers appeals the conviction and sentence imposed for violation of 18 U.S.C. § 1014 (Supp. III 1991). Beavers was indicted on three counts of violating § 1014. Pursuant to a ...

  • Pruett v. Thompson
    996 F2d 1560
    David Mark Pruett attacks a Virginia state court judgment sentencing him to death. The United States District Court for the Eastern District of Virginia denied his petition for a writ of habeas corp...

  • United States v. Soffos
    993 F2d 1541
    Phillip James Soffos appeals from the district court's order denying his motion for reduction of sentence. Because the district court did not err, we affirm. A sentencing court may reduce a prisone...

  • United States v. Foppe
    993 F2d 1444
    Foppe appeals from his conviction for committing an unarmed bank robbery in violation of 18 U.S.C. § 2113(a) and his sentence under the United States Sentencing Guidelines (Guidelines). The dis...

  • United States v. J Nelson
    996 F2d 312
    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. Johnson
    993 F2d 1358
    The government appeals the district court's denial of an additional three-level sentencing enhancement under United States Sentencing Guideline ("U.S.S.G.") § 2B1.1 due to Janet Johnson's misappl...

  • Jacobs v. Angelone
    995 F2d 231
    MEMORANDUM Michael Jacobs, a Nevada state prisoner, appeals pro se the district court's dismissal pursuant to the local rules of Jacobs's civil rights action against several Nevada prison officials. ...

  • United States v. Adams
    995 F2d 233
    Before REINHARDT, TROTT and RYMER, Circuit Judges MEMORANDUM Alfred Davis Adams appeals his conviction and sentence for conspiracy to rob a bank, 18 U.S.C. § 371, and aiding and abetting a bank...

  • United States v. R Pittman
    995 F2d 234
    MEMORANDUM John R. Pittman pleaded guilty to one count of possession of methamphetamine with intent to distribute under 21 U.S.C. § 841(a)(1). Pittman was sentenced to twenty-two months in cus...

  • United States v. Bechtel
    995 F2d 233
    MEMORANDUM Richard Bechtel was convicted of being a felon in possession of firearms, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). The district court sentenced Bechtel to fifteen ...

  • United States v. F Gardner
    995 F2d 305
    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...

  • Steffen
    995 F2d 233
    MEMORANDUM John Steffen, his wife Terry Ann Steffen, and their children brought this civil rights action under 42 U.S.C. § 1983. Defendant Loyace Maudlin is a Los Angeles sheriff deputy; defe...

  • United States v. Dendy
    995 F2d 233
    MEMORANDUM James Carl Dendy appeals his conviction and sentence for manufacture of and possession with intent to distribute marijuana plants, in violation of 21 U.S.C. § 841(a)(1), and conspirac...

  • United States v. Hearne
    995 F2d 234
    Before NOONAN and LEAVY, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM Hearne appeals his sentence following conviction of conspiracy to make false claims and making false claims again...

  • United States v. L Melendez
    995 F2d 1068
    Defendant Efrain Melendez appeals his conviction and sentence on a drug conspiracy charge. For all of the following reasons, we AFFIRM. This case involved a conspiracy to distribute drugs in Colum...

  • United States v. Perkins
    994 F2d 1184
    Defendant Elmer Perkins appeals from a judgment of the district court wherein he was convicted of conspiracy to possess marijuana with intent to distribute it, a violation of 21 U.S.C. § 846, and...

  • Bryant v. R Muth
    994 F2d 1082
    Prison officials William R. Muth ("Muth") and Gregg Robbins ("Robbins") are appealing the district court's order denying their motion for summary judgment and finding that they were not entitled to qu...

  • United States v. Lambert
    994 F2d 1088
    George Lambert appeals the sentence he received for violating 18 U.S.C. § 33 by attempting, with reckless disregard for human life, to damage a bus operated in interstate commerce. He challenge...

  • United States v. Adkins
    993 F2d 1539
    Donald Ray Adkins, Jr., a former corrections officer with the Kanawha County, West Virginia, Sheriff's Department, appeals his conviction and sentence for depriving a pretrial detainee of his civil ri...

  • Mentor Insurance Company Limited v. Brannkasse
    996 F2d 506
    Defendants-appellants appeal from two orders of the United States District Court for the Southern District of New York (Edelstein, J.). By order dated July 20, 1992, the district court adopted in wh...

  • United States v. L Hughes
    993 F2d 1313
    Following his conviction, defendant Walter L. Hughes appeals from the denial of his pre-trial motion to suppress evidence. In 1991, defendant was arrested in Illinois and charged with Count I, posse...

  • Gulf Coast Industrial Workers Union v. Exxon Company Usa
    991 F2d 244
    Thomas Woods wants his job back. He lost it when he tested positive for cocaine, a clear violation of Exxon's Alcohol and Drug Use Policy and its after-care program. The district court refused to ...

  • United States v. Rodriguez
    993 F2d 886
    MEMORANDUM Antonio Avilo Rodriguez appeals his conviction and 60-month sentence, following a jury trial, for possession and distribution of a substance containing cocaine base in violation of 21 U.S....

  • United States v. Battle
    993 F2d 49
    The sole issue in this appeal is whether a defendant's possession of an illegal controlled substance can be established by proof that the defendant used the drug in violation of a condition of supervi...

  • Sneed v. Donahue
    993 F2d 1239
    Petitioner Mitchell Sneed appeals the dismissal of his writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 alleging that the automatic revocation of his parole without a hearing pursuant to ...

  • United States v. Palafox Martinez
    993 F2d 886
    MEMORANDUM Daniel Gilberto Palafox-Martinez appeals his conviction, following a conditional guilty plea, for possession with intent to distribute marijuana and aiding and abetting in violation of 21 ...

  • United States v. Lineberger
    993 F2d 1540
    Ronald Tyrone Lineberger was found guilty after a trial by jury of possessing with intent to distribute crack cocaine in violation of 21 U.S.C.A. § 841(a)(1), (b)(1)(B) (West 1981 & Supp. 199...

  • United States v. Johnson
    993 F2d 1540
    Kenneth Joseph Johnson appeals his criminal conviction and sentence. Finding no error, we affirm. Johnson was charged with possession with intent to distribute cocaine in violation of 21 U.S.C. &#x...

  • Brodheim v. K Rowland
    993 F2d 716
    The district court ruled California's statutory scheme for providing work credits to convicted murderers violates the equal protection clause. Brodheim v. Rowland, 783 F.Supp. 1245 (N.D.Cal.1991). ...

  • United States v. Bogdanoff
    993 F2d 884
    MEMORANDUM Defendant Gary Bogdanoff appeals his conviction and sentence as a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). We affirm the conviction but vacate and rem...

  • Hainey v. Wa Perrill Fci
    993 F2d 1551
    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. Parker
    993 F2d 1541
    Monroe Roosevelt Parker appeals from an order entered by the district court, following a remand from this Court, stating its reasons for enhancing Parker's guideline sentence. We affirm. Parker ple...

  • United States v. Jones
    993 F2d 1131
    The United States appeals an order dismissing an indictment against Kirby Lee Jones. The indictment charged Jones with two counts of violating federal firearms laws. We reverse. * On March 3, 19...

  • Da Conceicao Rodrigues v. Immigration and Naturalization Service
    994 F2d 32
    Federal law classifies as "deportable" an "alien ... convicted" of unlawfully "possessing ... a firearm." Immigration and Nationality Act of 1952, Pub.L. 82-414, 66 Stat. 163, as amended (INA), ...

  • United States v. R Fountain
    993 F2d 1136
    Kerric Fountain was convicted in a bench trial of count I, possession of marijuana with intent to distribute in violation of Title 21 U.S.C. § 841(a)(1) and § 841(b)(1)(D), and of count II, ...

  • United States v. Mohler
    993 F2d 1540
    Ward Everette Mohler appeals his conviction of seventeen counts of drug and firearm violations. Finding no error, we affirm. Following his arrest for theft, Gary Bowman volunteered to become an inf...

  • United States v. Loero
    995 F2d 1068
    Defendant Richard Loero challenges the district court's order imposing 97 months of imprisonment for possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S...

  • Maag v. Wessler
    993 F2d 718
    In our previous amended opinion, Maag v. Wessler, 960 F.2d 773 (9th Cir.1992), we remanded to the district court for consideration of the appellants' request for attorney fees under 42 U.S.C. § 1...

  • Bafia v. Northern Indiana Public Service Company
    993 F2d 1306
    The plaintiff, an elevator repairman, sued the defendant utility company for injuries he sustained while servicing an elevator in the defendant's building. After a bench trial, the district court fo...

  • Jones v. Vasquez
    993 F2d 882
    Monroe Jones, a California state prisoner, appeals pro se the district court's summary judgment in favor of defendant prison officials in Jones's 42 U.S.C. § 1983 action alleging deliberate indif...

  • United States v. Myers
    993 F2d 713
    Appellant Anthony Myers challenges both the district court's finding that he was competent to enter into a plea agreement, in which he pled guilty to conspiracy to manufacture methamphetamine with int...

  • Jb Rush v. United States
    996 F2d 1219
    J.B. Rush appeals the denial of his motion to vacate his sentence under 28 U.S.C. § 2255. We affirm. A jury convicted Rush of one count of conspiracy to possess heroin with intent to distribu...

  • United States v. S Simpson
    992 F2d 1224
    On October 22, 1991, Gerald S. Simpson ("Simpson") was indicted for possession with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(...

  • Ziegenhagen v. United States
    996 F2d 1220
    Before CUMMINGS and KANNE, Circuit Judges, and MIHM, Chief District Judge This is an appeal from a decision by Chief District Judge Crabb, Western District of Wisconsin, denying Plaintiff-Appellant A...

  • United States v. F Shaffer
    993 F2d 625
    Appellant Shaffer appeals from a judgment of conviction entered on a plea of guilty in the Central District of Illinois, Richard Mills, District Judge, for conspiracy to manufacture and distribute met...

  • United States v. Scalia
    993 F2d 984
    Appellant Rickie Albert Scalia entered a conditional guilty plea, see Fed.R.Crim.P. 11(a)(2), following the district court's denial of his motion to suppress evidence seized from his residence pursuan...

  • United States v. Wilds
    993 F2d 887
    MEMORANDUM Appellant challenges his conviction for possession of counterfeit currency, a violation of 18 U.S.C. § 472, on the ground that the district court abused its discretion in denying disc...

  • Reed v. Town Of North Judson Indiana
    996 F2d 1219
    Before CUMMINGS and KANNE, Circuit Judges, and MIHM, Chief District Judge. Appellant Lisa L. Reed, as personal representative of the Estate of Gregory L. Reed, deceased, appeals from a Motion for Su...

  • United States v. Bayerle
    993 F2d 1539
    Raymond Francis Bayerle, a federal prisoner, filed a 28 U.S.C. § 2255 (1988) motion attacking the sufficiency of his indictment. Because Bayerle pled guilty to one count each of violating 21 U.S...

  • United States v. A Mitran
    996 F2d 1220
    Defendant Craig A. Mitran, appearing pro se, appeals from the denial of a second post-conviction motion to reduce his sentence pursuant to Fed.R.Crim.P. 35(b) [pre-Guidelines version]. Defendant and...

  • United States v. Tavira Hernandez
    993 F2d 886
    MEMORANDUM Appellant challenges his sentence under the Guidelines for transportation of illegal aliens. See 8 U.S.C. § 1324(a)(1)(B). The district court sentenced him to 21 months' imprisonm...

  • United States v. Tortora
    994 F2d 79
    Defendant-appellant Bruno Chiaverini appeals from a judgment of conviction entered by the United States District Court for the Eastern District of New York (Johnson, J.). Pursuant to an agreement wi...

  • United States v. Copsey
    993 F2d 885
    Appeal from the United States District Court for the District of Oregon; No. CR-88-52-MEM, Malcolm F. Marsh, District Judge, Presiding. Before PREGERSON, KLEINFELD, Circuit Judges and LEGGE, Distri...

  • United States v. Easley
    994 F2d 1241
    Appellant Easley appeals from a judgment entered in the Southern District of Illinois, James L. Foreman, District Judge, upon a jury verdict convicting him of distributing cocaine, a Schedule II narco...

  • United States v. Kiestler
    995 F2d 1068
    Defendants Ivy Kiestler (92-5099), Bobby Callins (92-5601), and Gordon Henry (92-5600) appeal their convictions and sentences in a drug conspiracy case. Kiestler, who pled guilty to a single count o...

  • United States v. Ohls
    993 F2d 1552
    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. Martinez Hidalgo
    993 F2d 1052
    Defendant-appellant Nicomedes Martinez-Hidalgo appeals from the judgment of conviction and sentence entered on October 20, 1992, following his conviction at a jury trial in the District Court of the V...

  • United States v. Rich
    992 F2d 502
    The question in this case is whether an individual's affirmative response to a police officer's request to "have a look in" the individual's automobile is the equivalent of a general consent to search...

  • United States v. Green
    993 F2d 885
    MEMORANDUM Appellant Green challenges his sentence under the guidelines for being a felon in possession of firearms. See 18 U.S.C. §§ 922(g)(1) & 924(a). Specifically, he challenges...

  • Alexander v. Peffer
    993 F2d 1348
    Appellant Jane Alexander appeals from a judgment of dismissal of her civil rights complaint entered by the United States District Court for the District of Nebraska pursuant to Fed.R.Civ.P. 12(b)(6). ...

  • United States v. Jc Chatman
    994 F2d 1510
    J.C. Chatman appeals his conviction for possession with intent to distribute, and distribution of, cocaine base in violation of 21 U.S.C. § 841(a)(1), conspiracy to distribute cocaine and cocaine...

  • Hager v. United States
    993 F2d 4
    In a hearing conducted on May 29, 1990, the appellant, Edward Hager, entered a plea of guilty to a charge of unlawfully importing four wild animal pelts from Mexico into the United States. 16 U.S.C. ...

  • United States v. J Minicone
    994 F2d 86
    The government appeals from an amended judgment of conviction, imposed on June 5, 1992, in the United States District Court for the Northern District of New York, Munson, Judge, which sentenced Jack J...

  • United States v. Bennett
    993 F2d 1552
    Before McKAY and TACHA, Circuit Judges, and KANE, Senior District Judge. ORDER AND JUDGMENT TACHA, District Judge. Joel Bennett appeals his conviction following a jury trial for threatening to ki...

  • McCanic v. City Of Long Beach
    993 F2d 883
    Before NOONAN and TROTT, Circuit Judges, and FITZGERALD, District Judge MEMORANDUM Helen Maxine McCanic appeals from the district court's dismissal of her complaint without leave to amend. The com...

  • United States v. Miller
    994 F2d 441
    Appellant Patrick Miller appeals from a judgment entered by the United States District Court for the Eastern District of Arkansas on a jury verdict finding him guilty of possession with intent to dist...

  • Brannan v. United States
    993 F2d 709
    On August 29, 1988, the district court sentenced petitioner Michael Owen Brannan ("Brannan") to imprisonment for a term of 15 years for use of a counterfeit access device in violation of 18 U.S.C. &#x...

  • Mallas v. United States
    993 F2d 1111
    The Internal Revenue Service, without explanation, continued to disseminate reports to tax shelter investors of plaintiffs James G. Mallas and Robert V. Jones, Jr., describing Mallas' and Jones' crimi...

  • United States v. Rivera
    996 F2d 312
    This is an appeal from a motion to suppress evidence seized at a border checkpoint. We affirm. Defendant was stopped at a checkpoint near mile marker 35 on Highway 54 in Otero County, New Mexico. ...

  • No 92 5092
    993 F2d 773
    Appellant John Lawmaster appeals the district court's denial of his motion to unseal an affidavit supporting a search warrant that was executed on his residence. The search proved fruitless, and app...

  • Sandoval v. Acevedo
    996 F2d 145
    Santiago Sandoval was convicted by a jury in an Illinois state court of criminal sexual assault and was sentenced to 15 years in prison, the maximum punishment. After exhausting his state remedies h...

  • United States v. Curtis
    996 F2d 312
    Before SEYMOUR and KELLY, Circuit Judges, and LEONARD, District Judge. ORDER AND JUDGMENT LEONARD, District Judge. This appeal seeks to reverse the enhancement of Defendant-Appellant's sentence p...

  • United States Of America v. McClinton
    993 F2d 1540
    Larry McClinton appeals from the district court's conviction of "assault by striking, beating, or wounding" in violation of 18 U.S.C. § 113(d) (1988). McClinton argues that there was insufficien...

  • United States v. Pierce
    996 F2d 312
    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. Powers
    996 F2d 312
    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. Canon
    993 F2d 1439
    Douglas Elmo Canon and Robert John Delang appeal their convictions for possession of a firearm in violation of 18 U.S.C. § 922(g), their convictions for using a firearm during a crime of violence...

  • United States v. Anderson
    993 F2d 1435
    Mark Roy Anderson, who pleaded guilty to two counts of a thirty-count indictment for mail fraud in violation of 18 U.S.C. § 1341, appeals his conviction and sentence on the grounds that the distr...

  • United States v. K McKenzie
    996 F2d 1228
    Before REINHARDT, TROTT and RYMER, Circuit Judges MEMORANDUM Gena K. McKenzie appeals her sentence imposed after revocation of probation. McKenzie contends that her sentence unlawfully exceeds the...

  • United States v. H Swinson
    993 F2d 1299
    A jury convicted Jesse H. Swinson of mail fraud, 18 U.S.C. § 1341, concerning a scheme whereby Swinson had defrauded his employer of nearly $300,000. Because the prosecution failed to produce s...

  • Joseph v. Us Immigration and Naturalization Service
    993 F2d 1537
    In this interlocutory appeal, Seyoum Faisa Joseph and Yattie Joseph challenge the district court's denial of a request for a preliminary injunction. The Josephs sought to stay Mr. Joseph's deportatio...

  • United States v. Osorio Gonzalez
    996 F2d 312
    This is an appeal from the denial of a motion to suppress evidence and oral statements obtained by federal agents on board an Amtrak train stopped in Albuquerque, New Mexico. The issues are whether ...

  • Federal Deposit Insurance Corporation v. Shrader and York
    991 F2d 216
    The Federal Deposit Insurance Corporation (FDIC) appeals the summary judgment dismissal of its legal malpractice action against the law firm of Shrader & York, its individual partners, and success...

  • United States Of America v. Kanode
    993 F2d 1540
    Richard Kanode appeals from an order of the district court revoking his supervised release. United States v. Kanode, CR-89-154 (S.D.W. Va. June 5, 1992). Because it appears that Kanode was not harm...

  • United States Of America v. Goodwin
    993 F2d 1540
    Hercules Goodwin, Jr., appeals from his conviction and sentence after a bench trial. Goodwin was convicted of a class B misdemeanor assault within a special federal territorial jurisdiction, a violat...

  • United States v. Craig
    995 F2d 305
    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. Gallerson D
    996 F2d 1228
    MEMORANDUM Karey Dworn Gallerson appeals his conviction upon entry of a conditional guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g) and 924(a)(2)...

  • Rupe v. Borg
    996 F2d 1227
    MEMORANDUM Paul Anthony Rupe appeals the denial of his petition for habeas corpus arising from his conviction for first degree murder of his ex-wife, Natalie Rupe, and second degree murder of her fri...

  • Sutton v. United States
    996 F2d 1227
    MEMORANDUM Appellant William John Sutton appeals the district court's denial of his motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255. Sutton argues the guilty plea he ...

  • United States Of America v. J Stokes
    993 F2d 1541
    Appellants Leroy J. Stokes, Jr. and Tammy Shawon Chalmers appeal their convictions and sentences, which resulted from separate jury trials, but involved the same evidence. Each was found guilty of co...

  • United States v. Garcia
    996 F2d 1228
    MEMORANDUM Enrique Navarro Garcia appeals his conviction and sentence for conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. § 846, and possession of cocaine with...

  • Wilson v. McCaughtry
    994 F2d 1228
    David James Wilson filed a petition in the district court for a writ of habeas corpus challenging his conviction in a Wisconsin state trial court for second-degree murder, subsequently affirmed by the...

  • United States v. McAninch
    994 F2d 1380
    Donald McAninch, who pleaded guilty to mail fraud and mailing threatening communications, appeals the sentence imposed by the district court. We affirm. From April of 1990 through March of 1991, M...

  • Cablevision Of Texas Iii Lp v. Oklahoma Western Telephone Company
    993 F2d 208
    Defendants Oklahoma Western Telephone Company and Star Search Rural Television Co. appeal the district court's refusal to lift a permanent injunction forbidding them from constructing or operating a c...

  • United States v. Ortiz
    993 F2d 204
    Defendant Alberto Ortiz appeals his guidelines sentence imposed by the district court following his guilty plea to using a telephone to facilitate a conspiracy to distribute marijuana and cocaine. 21...

  • United States v. Ferrin
    994 F2d 658
    The government appeals the sentence of James Allen Ferrin, who pleaded guilty to one count of aiding and abetting the illegal disposal of hazardous waste, on four grounds: 1) that the offense level s...

  • United States v. Michael
    995 F2d 306
    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 and arguments of counsel. After full review of the ...

  • United States v. Navarro Negrete
    996 F2d 1229
    MEMORANDUM Appellant Antonio Navarro-Negrete appeals his conviction for importation and possession with intent to distribute marijuana pursuant to 21 U.S.C. § 952(a) and 841(a)(1) (1988). The ...

  • United States Of America v. Haley
    993 F2d 1540
    Quentin Wendell Haley was convicted by a jury of conspiracy to assault a federal officer, 18 U.S.C. § 371 (1988), assault on a federal officer, 18 U.S.C.A. §§ 111(a)(1), (b), 2 (West 19...

  • Fitzsimmons Fitzsimmons v. Nolden
    996 F2d 1224
    MEMORANDUM Edward Fitzsimmons appeals the district court's order affirming the bankruptcy court's denial of Fitzsimmons's motion to set aside the dismissal of his adversary proceeding. We have juri...

  • Montgomery County Association Of Realtors Incorporated v. Realty Photo Master Corporation and K Hermr
    993 F2d 1538
    This is an interlocutory appeal from the district court's denial of Realty Photo Master's (RPM's) request for a preliminary injunction. RPM sought to enjoin Montgomery County Association of Realtors ...

  • Kirkpatrick v. P Whitley
    992 F2d 491
    Convicted of capital murder by a Louisiana jury and sentenced to death Frederick Kirkpatrick seeks federal habeas relief for the second time. The district court denied relief. We now vacate and re...

  • United States v. Garcia
    994 F2d 1499
    From June 12 until August 8, 1991, the government intercepted telephone calls to and from the A-Pro Burglar Bars in Oklahoma City, Oklahoma. During the course of this surveillance, the government ga...

  • United States v. Patel
    996 F2d 1229
    MEMORANDUM Jiji and Silloo Patel appeal their convictions for income tax evasion, in violation of 26 U.S.C. § 7201. They were convicted by a jury of willfully underreporting on their 1983 and ...

  • United States Of America v. Lamson
    993 F2d 1540
    Norman Hunter Lamson appeals from his conviction for impeding and disrupting the performance of official duties by Government employees, in violation of 41 C.F.R. § 101-20.305 (1992). After cons...

  • United States v. Bravo
    993 F2d 884
    MEMORANDUM Because the parties are familiar with the facts, we do not recite them here. We reject Bravo's contention that the district court improperly compelled him to answer questions during cros...

  • United States v. E Tapert
    993 F2d 1548
    Defendant-Appellant Dr. Richard E. Tapert, D.O., appeals his conviction and sentence for violating federal controlled substances laws. For the reasons stated herein, we affirm. This prosecution ar...

  • United States v. J White
    993 F2d 147
    On October 1, 1991, Robert White pleaded guilty to a one-count information charging him with bank fraud in violation of 18 U.S.C. § 1344. White's plea waived his right to a grand jury indictmen...

  • Chapin
    993 F2d 1087
    Plaintiffs Roger Chapin and Help Hospitalized Veterans, Inc., appeal the district court's order granting defendants' motion to dismiss this libel action. We must decide whether a newspaper article p...

  • United States v. Lopez
    993 F2d 885
    MEMORANDUM Sergio Lopez appeals his jury conviction and sentence for conspiring to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846, distributing a controlled substance ...

  • United States v. Johnson
    994 F2d 740
    Defendant-appellant Toby Johnson was convicted of transporting animal parts after illegal importation, 18 U.S.C. § 545, illegal possession of a jaguar skull, 16 U.S.C. § 1538(c)(1), illegal ...

  • In Re Andrew A Bucci
    993 F2d 1530
    The appellant, Andrew A. Bucci, is an attorney in Rhode Island. In 1976, Bucci was convicted of making false declarations in a federal court, in violation of 18 U.S.C. § 1623(a), and of conspira...

  • Thornton v. L Henman
    993 F2d 1550
    Douglas Thornton appeals from the district court's order dismissing his pro se complaint as frivolous, pursuant to 28 U.S.C. § 1915(d), and denying him leave to proceed in forma pauperis. We af...

  • Nazzaro v. United States Of America
    993 F2d 1530
    Petitioner Richard A. Nazzaro, a former police officer with the Metropolitan District Commission (MDC), appeals from the denial of his third petition under 28 U.S.C. § 2255 to vacate his sentence...

  • United States v. Flint
    993 F2d 885
    Where the defendant is convicted both of the obstruction offense and the underlying offense, the count for the obstruction offense will be grouped with the count for the underlying offense under subse...

  • United States v. Evans
    993 F2d 885
    MEMORANDUM Eric Arques Evans appeals the district court's denial of his motion for acquittal and his conviction for bank robbery. Evans' counsel objected to the admission of the FDIC insurance cert...

  • Autoskill Inc v. National Educational Support Systems Inc National Educational Support Systems Inc
    994 F2d 1476
    Autoskill, Inc. (Autoskill), a Canadian corporation, in 1986 obtained a certificate of registration of copyright on a computer program designed to test and train students with reading deficiencies. ...

  • United States v. Rivero
    993 F2d 620
    A jury found Rene Rivero guilty of one count of conspiracy to import cocaine, in violation of 21 U.S.C. § 963, and one count of possession of cocaine with intent to distribute, in violation of 21...

  • United States v. McHenry
    993 F2d 1548
    The defendant appeals the district court's decision denying his motion to dismiss three of the six counts in his indictment which charges violations of 18 U.S.C. § 2119 and 18 U.S.C. § 924(c...

  • Aponte v. H Gomez
    993 F2d 705
    Pedro Aponte (Aponte), a California state prisoner, appeals pro se the district court's denial of his habeas petition. The district court had jurisdiction under 28 U.S.C. §§ 2241, 2254. ...

  • United States v. Boothe
    994 F2d 63
    Defendants Richard Boothe, Frank Frigenti, Sr., and Frank Frigenti, Jr. appeal from judgments of conviction entered on April 29, 1992 after a jury trial in the Eastern District of New York, Pratt, C.J...

  • McElwee v. M Ratelle
    993 F2d 883
    Before: NOONAN and LEAVY, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM Dwayne McElwee appeals from the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C....

  • Gordillo Porras v. Us Immigration and Naturalization Service
    993 F2d 882
    MEMORANDUM Petitioner Antonio Gordillo-Porras (Gordillo) was admitted to the United States as a lawful permanent resident on August 31, 1974. He appeals the decision of the Board of Immigration App...

  • United States v. Kelly
    993 F2d 702
    Eric Kelly challenges his sentence under the Guidelines for counterfeiting steroids. He disputes the district court's measurement of the extent of his fraud and its decision to enhance his sentence ...

  • Northeast Utilities Service Company v. Federal Energy Regulatory Commission
    993 F2d 937
    These petitions for review challenge the Federal Energy Regulatory Commission's ("FERC" or "the Commission") decision to conditionally approve the merger of Northeast Utilities ("NU") and the Public S...

  • Brooke v. R Duckworth
    993 F2d 1549
    A jury convicted Lonnie M. Brooke in 1986 of two counts of burglary and two counts of theft. The same jury found that Brooke is an habitual offender, see Ind.Code § 35-50-2-8, which enhanced hi...

  • Waldron v. Immigration and Naturalization Service
    994 F2d 71
    Petitioner seeks to have this Court review a decision of the Board of Immigration Appeals (the "BIA" or the "Board"), which upheld a decision of an immigration judge ("IJ"), which, in turn, found peti...

  • United States v. J Soto
    993 F2d 886
    MEMORANDUM Appellant Francisco J. Soto appeals the sentence and restitution ordered by the district court in the revocation of his probation for Illegal Entry, in violation of 8 U.S.C. § 1325, a...

  • Thompson v. Champion
    996 F2d 311
    Petitioner Bruce Donnell Thompson appeals the district court's dismissal without prejudice of his petition for writ of habeas corpus. 28 U.S.C. § 2254. We reverse and remand for further findin...

  • United States v. Parks
    993 F2d 886
    Before: NOONAN and LEAVY, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM Kenneth Theodrick Parks (Parks) appeals his sentence under Section 4B1.2 of the United States Sentencing Guidel...

  • United States v. R Mack
    993 F2d 885
    MEMORANDUM Michael Mack and Margaret Paulson pleaded guilty to charges of conspiring to distribute marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 846. Mack appeals his sentence, and...

  • Leeks v. K Cunningham P A M
    997 F2d 1330
    In this matter, a county jail physician appeals the district court's denial of his motion for summary judgment as to a prisoner's claim for damages under 42 U.S.C. § 1983 for allegedly unnecessar...

  • Pacific Telesis Group v. International Telesis Communications
    994 F2d 1364
    In 1988, Pacific Telesis Group (PTG) brought an action against International Telesis Communications (ITC) for infringement of its service mark in violation of the Lanham Act, 15 U.S.C. § 1114 and...

  • United States v. Wagner
    994 F2d 1467
    Jeri Sue Wagner pleaded guilty to violating 21 U.S.C. § 841(d) for possessing a listed chemical (phenylacetic acid) with the intent to manufacture a controlled substance (methamphetamine). She ...

  • Fruit Of The Loom Inc v. Girouard
    994 F2d 1359
    Fruit of the Loom, Inc. (FOL) brought suit against Ken Girouard, d/b/a Two Left Feet (TLF), contending that TLF had infringed its trademarks in violation of the Lanham Act, 15 U.S.C. § 1114(1); ...

  • Kayfez v. Gr Gasele
    993 F2d 1288
    Michael Kayfez is currently confined at the federal prison in Oxford, Wisconsin, following his convictions for possessing counterfeit reserve notes and an unregistered silencer. On April 8, 1992, Ka...

  • Trademark Research Corporation v. Maxwell Online Inc
    995 F2d 326
    Defendant Maxwell Online, Inc. ("Maxwell Online") appeals from a July 13, 1992 judgment entered on a jury verdict in the Southern District of New York (Lee, Magistrate Judge ), finding it liable for ...

  • United States v. Evbuomwan
    992 F2d 70
    Joe Evbuomwan appeals his sentence for one count of credit card fraud. Finding that the district court misapplied U.S.S.G. § 1B1.3 in calculating Evbuomwan's sentence, we remand this case for r...

  • Jackson v. A Lewis
    995 F2d 231
    MEMORANDUM Mitchell Harrell Jackson, an Arizona state prisoner, appeals pro se the district court's summary judgment for defendants prison officials in his 42 U.S.C. § 1983 action. Jackson all...

  • United States v. Igbo
    993 F2d 885
    MEMORANDUM Appellants Phillip Chukwurah and Ositadima Igbo challenge their convictions for conspiracy to distribute heroin and cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1), distri...

  • Palacios Torres v. Immigration and Naturalization Service
    995 F2d 96
    Petitioner Rafael Palacios-Torres challenges a final order of deportation, including a denial of discretionary relief from deportation under § 212(c) of the Immigration and Nationality Act, 8 U.S...

  • United States v. Hamilton
    993 F2d 885
    Before: CANBY and REINHARDT, Circuit Judges, and TASHIMA District Judge. MEMORANDUM Peter Yong Hamilton appeals his conviction for conspiracy to traffic in counterfeit goods, in violation of 18 U....

  • Cottrell v. Kaysville City Utah L
    994 F2d 730
    Plaintiff Lisa Ann Cottrell brought this action pursuant to 42 U.S.C. § 1983 to recover damages for alleged constitutional violations which took place when she was arrested on driving under the i...

  • United States v. Craigo
    993 F2d 1086
    On February 24, 1992, we stayed issuance of our mandate in this case, upon motion of the United States, but the United States did not file a petition for certiorari so our decision became final. As ...

  • Harris v. United States
    993 F2d 1546
    Before: KENNEDY and SILER, Circuit Judges, and BERTELSMAN, Chief District Judge. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examin...

  • Bradkeyne International Limited v. Duracell Inc Dls
    993 F2d 1546
    Bradkeyne International, Limited appeals the judgment in favor of defendants following a non-jury trial in this diversity action for breach of warranty, fraud, intentional and negligent misrepresentat...

  • United States v. Horodner
    993 F2d 191
    Mark Hirsch Horodner appeals the district court's denial of his petition filed under 28 U.S.C. § 2255. In 1987, Horodner bought a shotgun. It didn't work properly so he took it back to the de...

  • United States v. Wynne
    993 F2d 760
    James Wynne appeals his conviction, following a jury trial, for possession with intent to distribute more than 100 grams of methamphetamine in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii)....

  • United States v. Sallins
    993 F2d 344
    A jury convicted defendant Steven Sallins on one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1) (1988). Sallins claims that the district court erre...

  • United States v. Gilbert
    993 F2d 1548
    Defendants-Appellants, Charles Gilbert and Jennings Gilbert (collectively "the Gilberts") appeal their jury verdicts on four counts: 1) conspiracy to manufacture and possess marijuana in violation of...

  • Bidlack v. Wheelabrator Corporation
    993 F2d 603
    This is a class action on behalf of retired employees of the Wheelabrator Corporation. They claim that collective bargaining agreements between Wheelabrator and the union that represented employees ...

  • Gates v. Rivera
    993 F2d 697
    Allene Gates (Gates) brought a civil rights action under 42 U.S.C. § 1983 against John Rivera (Rivera), a Santa Ana police officer, for using excessive force against her son, Marvin McGensey by i...

  • Harris v. Fleming
    993 F2d 1549
    Plaintiff Spencer Harris, an inmate at Menard Correctional Center in Illinois, appeals from the magistrate judge's entry of summary judgment in favor of defendants in this civil rights action filed pu...

  • United States v. Marlowe
    993 F2d 1548
    Defendant Michael Marlowe appeals his convictions and sentence to this court alleging that numerous errors require reversal. For the reasons stated below, we AFFIRM the district court. * On March ...

  • Henry v. Estelle
    993 F2d 1423
    This is an appeal from a grant of habeas corpus by the United States District Court for the Central District of California. Petitioner Robert Henry contends that he was denied due process at his tri...

  • United States v. Engelbrecht
    993 F2d 885
    Before: CANBY and REINHARDT, Circuit Judges, and TASHIMA District Judge MEMORANDUM Robert Leroy Engelbrecht appeals his conviction, after a jury trial, for being a felon in possession of a firearm,...

  • Ruff v. Armontrout
    993 F2d 639
    Huntley Ruff was convicted of rape and other charges. He was sentenced as a persistent sexual offender to 160 years in the Missouri State Penitentiary. He filed a petition for a writ of habeas cor...

  • Hutch v. Department Of Corrections
    993 F2d 882
    MEMORANDUM Hawaii state prisoner Eugene J. Hutch appeals pro se the district court's dismissal under 28 U.S.C. § 1915(d) of his 42 U.S.C. § 1983 action against prison officials. We have j...

  • United States v. S Millard
    993 F2d 886
    At sentencing, Millard did not argue for an adjustment based on his alleged minor role in the offense of conviction and did not object to the lack of such a recommendation in the presentence report. ...

  • United States v. Termini
    992 F2d 879
    Lawrence Pelofsky, Overland Park, KS, for appellant. Paul S. Becker, Kansas City, MO, for appellee. Before LOKEN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and ROSENBAUM, District Judg...

  • United States v. Stockdale
    993 F2d 886
    Before: PREGERSON and KLEINFELD, Circuit Judges, and INGRAM, Senior District Judge. MEMORANDUM Stockdale appeals his guilty plea conviction and sentence. None of his contentions have any merit, ...

  • United States v. Stevens
    993 F2d 886
    MEMORANDUM John Edward Stevens appeals his jury conviction for bank robbery, use of a dangerous weapon and carrying a firearm during a crime of violence. Stevens also appeals from the combined sent...

  • Bierle v. Liberty Mutual Insurance Company
    992 F2d 873
    Daniel and Karen Bierle, husband and wife, were awarded $5000 in actual damages and $25,000 in punitive damages after a jury in this diversity action found in their favor on their claims of bad faith ...

  • Equipment Company v. Washington Mills Electro Minerals Corp T
    990 F2d 1186
    The critical question presented by this case involves a conspiracy between a manufacturer and a favored distributor. The object of the conspiracy was to raise wholesale prices to other distributors,...

  • United States v. T Williams
    993 F2d 1550
    Defendant Darryl T. Williams, entered a guilty plea to charges of possessing cocaine with intent to distribute, possessing a firearm during drug trafficking, and possession of a firearm by a felon. ...

  • United States v. Mason
    993 F2d 406
    Dwight Mason was convicted of distribution of cocaine base and distribution of cocaine base within 1,000 feet of a school in violation of 21 U.S.C.A. §§ 841(a)(1), 860(a) (West 1981 & Su...

  • Deal v. United States
    508 US 129
    Between January and April 1990, petitioner committed six bank robberies on six different dates in the Houston, Texas area. In each robbery, he used a gun. Petitioner was convicted of six counts of b...

  • United States v. T Barnes
    993 F2d 680
    In this drug conspiracy case involving a "reverse sting," we must decide whether, for sentencing purposes, the government or the defendant bears the burden of proving facts relevant to determining the...

  • United States v. Skurdal
    993 F2d 886
    MEMORANDUM Gustav Skurdal appeals pro se his convictions following jury trial for conspiracy to manufacture and distribute methamphetamine and attempted manufacture of methamphetamine in violation of...

  • United States v. Sarabia
    993 F2d 886
    MEMORANDUM Maria Sarabia appeals her 14-month sentence imposed following entry of a guilty plea to a violation of 31 U.S.C. § 5324(3), structuring a financial transaction for the purpose of evad...

  • Browning v. City Of Odessa Texas
    990 F2d 842
    In late 1990, Fred Browning was terminated as a fire fighter with the Odessa Fire Department. Browning filed this lawsuit, complaining that he was not provided the procedural due process required un...

  • United States v. McGee
    993 F2d 184
    On July 26, 1990, the United States brought suit to reduce to judgment unpaid federal tax assessments made against Orville Wayne McGee that totalled $92,957.28, plus interest. McGee moved to dismiss...

  • United States v. Heredia Quiroz
    993 F2d 885
    MEMORANDUM Victor Manuel Heredia-Quiroz appeals his conviction following a conditional guilty plea to transportation of illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(B). Heredia-Quiroz ...

  • United States v. M Short
    993 F2d 1550
    Attorney Frank M. Picl filed a motion pursuant to Circuit Rule 51(a) to withdraw as appointed counsel for Robert M. Short. Picl's motion and supporting brief, filed in accordance with Anders v. Cal...

  • Ga Welsh v. Boy Scouts Of America
    993 F2d 1267
    Elliott Welsh and his seven year-old son Mark have brought suit asking the United States Courts to force the Boy Scouts of America to accept Mark as a member despite the fact that he refuses to comply...

  • Dougherty v. L Clark Re Ma
    993 F2d 1549
    Joseph W. Dougherty, an inmate at the federal prison in Marion, Illinois, brought this suit pursuant to 28 U.S.C. § 2241 for alleged violations of his First Amendment right to petition the govern...

  • United States v. Bakhtiar
    994 F2d 970
    Farhad Bakhtiar and Anthony McDonald appeal from their convictions on charges of conspiracy, bank fraud, wire fraud, money laundering, illegal monetary transactions using the proceeds of criminal acti...

  • United States v. Limpy
    993 F2d 885
    MEMORANDUM Wayland Lance Limpy, an Indian youth, shot and wounded BIA Officer Gardipee when the officer tried to apprehend him. The court granted the government's motion to transfer Limpy from juve...

  • Vineyard v. County Of Murray Georgia
    990 F2d 1207
    Plaintiff, Johnny Vineyard, brought this 42 U.S.C. § 1983 action against Murray County, Georgia, Robert Bishop and Monte Chastain, two former deputies of the Murray County Sheriff's Department, a...

  • Johnson v. Grigas
    993 F2d 1530
    Petitioner Donald B. Johnson appeals an order of the United States District Court for the District of Massachusetts denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We ho...

  • Danielson v. State Of Illinois
    993 F2d 1549
    Petitioner Frederick Danielson filed an action in the nature of coram nobis seeking to overturn a 1969 Illinois burglary conviction. The district court denied Danielson leave to proceed in forma pau...

  • United States v. Shabani
    993 F2d 1419
    Shabani appeals his conviction of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. He argues that the government failed to plead or prove an essential element of the crime. T...

  • Desktop Direct Inc v. Digital Equipment Corporation
    993 F2d 755
    This matter is before us on defendant Digital Equipment Corporation's motion for a stay of the district court's order entered January 5, 1993. We have considered the motion, the brief in support the...

  • United States v. Henderson
    993 F2d 187
    Ronald Henderson pleaded guilty to being a felon in possession of a firearm. Henderson has prior convictions for murder and child molestation. At Henderson's sentencing, the district court found t...

  • Kelley v. Kaiser
    992 F2d 1509
    Michael Kelley, a pro se prisoner, brought this petition for habeas corpus relief under 28 U.S.C. § 2254 (1988) challenging his 1978 conviction in Oklahoma state court for robbery with firearms a...

  • United States v. Yates
    990 F2d 1179
    The issue presented in this appeal is whether a defendant's role as the supplier of drugs to the head of an extensive retail distribution conspiracy is alone sufficient to render him a "leader or orga...

  • United States v. Villalvazo Garcia
    993 F2d 887
    MEMORANDUM Isaias Villalvazo-Garcia appeals his conviction after a jury trial for importation and possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1), 9...

  • Natanel v. United States Of America
    993 F2d 1530
    Petitioner Efriam Natanel was convicted in 1989 on a single count of distributing more than 500 grams of cocaine, in violation of 21 U.S.C. § 841(b)(1)(B). He was given a six-year term of impris...

  • United States v. J Myers
    993 F2d 1548
    The question presented in this appeal is whether the district court had jurisdiction to revoke the defendant's probation and impose a new sentence of imprisonment because of conduct that occurred whil...

  • McKolay v. Red Spot Westland Inc
    993 F2d 1547
    In this Michigan wrongful discharge case, plaintiff Michael McKolay challenges the district court's entry of summary judgment for defendant Red Spot Westland, Inc. We now AFFIRM. Plaintiff intervi...

  • United States v. Island
    993 F2d 1550
    On September 3, 1992, Arnetta Island pleaded guilty to one count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). Island entered a conditional plea under F...

  • Otey v. X Hopkins
    992 F2d 871
    Appellant Harold Lamont Otey was convicted of first degree murder and sentenced to death. On December 18, 1979, the Nebraska Supreme Court affirmed the conviction and sentence. State v. Otey, 205 N...

  • Cucuras v. Secretary Of Department Of Health and Human Services
    993 F2d 1525
    Petitioners, parents and next friends of Nicole Cucuras, appeal the United States Court of Federal Claims' denial of compensation to Nicole under the National Vaccine Injury Compensation Program. 42 ...

  • United States v. F Smith
    993 F2d 886
    MEMORANDUM Darwin F. Smith appeals his conviction after a guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Smith appears to contend that an insuff...

  • Myers v. United States
    993 F2d 171
    Paul Erik Myers appeals from the district court's order denying his 28 U.S.C. § 2255 motion. We affirm. Pursuant to a plea agreement, Myers agreed to plead guilty to using and carrying a fire...

  • Salahuddin v. A Coughlin Iii
    993 F2d 306
    Construction of Sullivan was not yet completed when the Department decided to open it to receive inmates in July of 1985. The decision was made as a consequence of overcrowding in the Department's o...

  • United States v. Craddock
    993 F2d 338
    Defendant-appellant Leon Craddock, a teller responsible for paying out Western Union money orders, was sentenced to 37 months imprisonment for his role in a conspiracy to commit credit card fraud. H...

  • United States v. Sabha
    993 F2d 886
    MEMORANDUM A jury convicted Rajkumar and Sabha of an alien smuggling conspiracy and substantive immigration offenses in violation of 8 U.S.C. § 1324(a)(1) and 18 U.S.C. §§ 2 and 371. ...

  • United States v. Avant
    993 F2d 884
    Before PREGERSON and KLEINFELD, Circuit Judges, and INGRAM, Senior District Judge. MEMORANDUM Michael Avant was convicted of robbing two banks, and was sentenced under the Guidelines to 210 months....

  • United States v. Aguilar
    993 F2d 884
    MEMORANDUM Carlos Alfredo Aguilar appeals his 41-month sentence imposed after his guilty plea to possession with intent to distribute marijuana and aiding and abetting in violation of 21 U.S.C. §...

  • United States v. Vera
    993 F2d 887
    MEMORANDUM Paul Bruce Vera appeals his 27-month sentence after a guilty plea to possession of counterfeit currency in violation of 18 U.S.C. § 472. Vera contends that the district court errone...

  • United States v. Brooks
    993 F2d 885
    MEMORANDUM Alan Brooks appeals the district court's order of restitution after a jury trial. Brooks was convicted on five counts of mail and two counts wire fraud in violation of 18 U.S.C. §&#...

  • United States v. R Keranen
    993 F2d 885
    MEMORANDUM Alan R. Keranen appeals the district court's denial of his motion to correct an illegal sentence pursuant to the pre-November 1987 version of Fed.R.Crim.P. 35(a). Keranen was convicted a...

  • Rodriguez Rivera v. Immigration and Naturalization Service
    993 F2d 169
    Emeterio Rodriguez-Rivera petitions for review of the Board of Immigration Appeals' (BIA) order dismissing his appeal from the Immigration Judge's (IJ) denial of his application for a waiver of inadmi...

  • United States v. Ceja Navarro
    993 F2d 885
    MEMORANDUM Santiago Ceja-Navarro appeals his convictions, following a jury trial, for conspiracy to distribute cocaine and distribution of cocaine in violation of 21 U.S.C. §§ 841(a)(1), 84...

  • United States v. Okayfor
    996 F2d 116
    Defendants Augustine (Gus) Okayfor and Tim Okosi appeal their sentences for conspiracy to unlawfully import heroin into the United States, in violation of 21 U.S.C. §§ 952, 960, and 963. O...

  • Cornist v. Ratelle
    993 F2d 882
    MEMORANDUM Glen Edward Cornist (Cornist), the former owner/operator of several halfway houses for state prisoners, appeals the district court's denial of his habeas corpus petition stemming from his ...

  • United States v. L Majors
    993 F2d 1550
    Keith Majors challenges the sentences entered in two separate criminal proceedings. He claims that the sentences violate the United States Sentencing Guidelines ("Guidelines"). Because the sentenc...

  • People Of Territory Of Guam v. Ibanez
    993 F2d 884
    The Memorandum disposition filed April 13, 1993, is withdrawn. The attached Memorandum disposition is ordered filed in its place. MEMORANDUM Defendant Irvin Ibanez appeals the decision of the Dis...

  • United States v. Lechuga
    994 F2d 346
    An indictment charged Humberto Lechuga with having in his possession more than 500 grams of cocaine, with the intention of distributing the cocaine; and also with having conspired with Evelio Pinto a...

  • United States v. Alvarez Godoy
    993 F2d 884
    We review for clear error the district court's finding that a defendant was not a minor or minimal participant in the offense. United States v. Lui, 941 F.2d 844, 848 (9th Cir.1991). A minimal par...

  • United States v. W Butterworth Iii
    993 F2d 885
    MEMORANDUM Albert Butterworth appeals from the district court's revocation of his supervised release, following his conviction by guilty plea for being an unlawful user of a controlled substance in p...

  • United States v. Carbajal
    993 F2d 885
    MEMORANDUM Joseph Carbajal appeals his jury conviction for armed bank robbery and carrying a firearm during a crime of violence, in violation of 18 U.S.C. §§ 2113(a)(d) and 924(c)(1). In ...

  • United States v. Barton
    992 F2d 66
    Defendant-appellant, Marlon Keith Barton (Barton), appeals his conviction for threatening by mail to kill the President of the United States on the sole ground that the district court erred in denying...

  • United States v. Spiegel
    995 F2d 138
    Defendant Thomas Spiegel was the Chief Executive Officer and Chairman of Columbia Savings and Loan, a thrift institution that--like so many others--collapsed in the twilight of the 1980's. Having di...

  • United States v. Johnson Johnson
    993 F2d 885
    Before: PREGERSON, and KLEINFELD, Circuit Judges, and LEGGE, District Judge. MEMORANDUM A jury convicted Pedro Luis Johnson-Johnson ("Johnson") of attempted possession with intent to distribute co...

  • Jackson v. J Yarbough
    993 F2d 882
    MEMORANDUM Mitchell H. Jackson appeals pro se from the district court's summary judgment in favor of prison officials in his 42 U.S.C. § 1983 action. He alleges that he was given conflicting o...

  • Bret v. United States
    993 F2d 881
    MEMORANDUM Michael Bret, a federal prisoner, appeals pro se the denial of his 28 U.S.C. § 2255 motion to vacate his sentence imposed following his conviction for possession of cocaine with inten...

  • United States Of America v. Collins
    993 F2d 1540
    After having been indicted on six counts for violation of the federal drug laws, Jaycee Collins pled guilty to one count of conspiracy to distribute cocaine. He was sentenced to 21 months in prison, ...

  • Jackson v. Pitcher
    992 F2d 1216
    Raymond Jackson, a pro se Michigan prisoner, appeals a district court order denying his third motion for relief from judgment filed under Fed.R.Civ.P. 60(b)(1). The case has been referred to a panel...

  • Oneil v. United States
    992 F2d 1217
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P...

  • United States v. Cruz
    993 F2d 164
    Ruben Cruz appeals from his conviction in district court for money laundering, in violation of 18 U.S.C. § 1956(a)(1)(A)(i). We affirm. In the spring of 1991, Detective Jerome Thorsen of the ...

  • Eidson v. United States
    993 F2d 1549
    George Eidson pleaded guilty to conspiring to commit an offense against or defraud the United States, 18 U.S.C. § 371. District Judge William Beatty sentenced him to five years, consecutive to ...

  • United States v. Kirk
    992 F2d 1218
    Defendant was indicted on charges of conspiracy to possess with intent to distribute, and conspiracy to distribute cocaine and cocaine base, possession with intent to distribute cocaine and possession...

  • United States Of America v. H Ryland
    993 F2d 1541
    The defendant appeals rulings by the district court concerning the admissibility of a government exhibit and testimony by a bank fraud investigator; sufficiency of the evidence; the propriety of a j...

  • United States v. Hunter
    993 F2d 127
    Defendant Shanton Hunter appeals the district court's sentence of a 168-month term of imprisonment and a three-year term of supervised release. The issue is whether the district court abused its dis...

  • United States v. A Mohwish
    993 F2d 123
    After a jury trial, petitioner was convicted of engaging in a continuing criminal enterprise (CCE) in violation of 21 U.S.C. § 848; conspiring to distribute cocaine and marijuana in violation of...

  • United States v. Clark
    993 F2d 402
    Late in the evening of June 21, 1991, Albert Thomas Clark fired several shots from a small handgun during an altercation in the parking lot of Staggers Bar in Wilmington, North Carolina. He was shor...

  • United States v. E Glasscock
    993 F2d 1550
    John Glasscock appeals from his conviction for failure to surrender to serve sentence, 18 U.S.C. § 3146(a)(2). Glasscock's attorney has filed a motion to withdraw from the case, asserting that ...

  • United States Of America v. Hardy
    993 F2d 1540
    William F. Hardy and Edison J. Alberty were each found guilty of two counts of a multiple count indictment. Hardy was found guilty of Count I, possession with intent to distribute and distribution of...

  • Caputo v. Bogan
    992 F2d 1216
    This is an appeal from the order of the district court dismissing petitioner's petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241, on the ground that it was moot. Additiona...

  • United States v. Piorecki
    993 F2d 886
    MEMORANDUM Zbigniew Piorecki appeals from his conviction, following a jury trial, for possession of an unregistered firearm and possession of a firearm not identified by a serial number in violation ...

  • United States v. Walls
    993 F2d 887
    MEMORANDUM Michael A. Walls appeals his sentence under the Sentencing Guidelines following his guilty plea to a violation of 18 U.S.C. § 922(g)(1) for being a felon in possession of a firearm. ...

  • United States v. T Strandquist
    993 F2d 395
    The appellant, Michael T. Strandquist, was found guilty by a jury under two counts of illegally discharging pollutants on July 19, 1991, and July 26, 1991, into the navigable waters of the United Stat...

  • United States v. Salgado
    993 F2d 886
    Before: PREGERSON and KLEINFELD, Circuit Judges, and LEGGE, District Judge. MEMORANDUM A jury convicted Jose German Salgado of possession with intent to distribute heroin, in violation of 21 U.S.C...

  • United States v. Miguel
    993 F2d 886
    MEMORANDUM Terence Timothy Miguel appeals his sentence, imposed under the United States Sentencing Guidelines ("Guidelines"), following his conviction by guilty plea for unarmed bank robbery in viola...

  • United States v. Vinagera Cesar
    993 F2d 887
    MEMORANDUM Thomas Vinagera-Cesar appeals his conviction, which followed a jury trial, for assault with a dangerous weapon in violation of 18 U.S.C. § 113(c). Vinagera-Cesar claims, first, that...

  • United States v. Patton
    993 F2d 886
    MEMORANDUM Bryant Damont Patton appeals his conviction, following a jury trial, for possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d). Patton argues that the district c...

  • United States v. Taylor
    993 F2d 886
    Before: PREGERSON and KLEINFELD, Circuit Judges, and INGRAM, District Judge. MEMORANDUM On April 24, 1991, Edward Lewis Taylor was riding as a passenger in a car driven by his co-defendant, Larry ...

  • United States v. Spoerlein
    993 F2d 886
    MEMORANDUM Gary James Spoerlein and Mary Grace Nadolski appeal their sentences under the United States Sentencing Guidelines following their convictions by guilty plea to possession with intent to di...

  • United States v. Ortiz
    993 F2d 886
    Before: PREGERSON, and KLEINFELD, Circuit Judges, LEGGE, District Judge. MEMORANDUM On August 20, 1991, Joe Ortiz and Abraham Jaimes were involved together in a cocaine transaction. They were ar...

  • United States v. Thing
    993 F2d 886
    MEMORANDUM Bardo Thing appeals from his 70-month sentence, imposed following a guilty plea, for distribution of phencyclidine (PCP) in violation of 21 U.S.C. § 841(a). Thing contends that the ...

  • United States v. Narcho
    993 F2d 886
    MEMORANDUM Frederick Narcho, Jr., appeals his conviction, following a jury trial, for transporting illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(B). Narcho contends that the prosecutor ...

  • United States v. Pearce
    992 F2d 1021
    In appeal No. 91-10584, Percy James Pearce appeals from his conviction following his guilty plea to armed bank robbery in violation of 18 U.S.C. § 2113(a) & (d). He contends that the distri...

  • United States v. Spratt
    992 F2d 1223
    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. Trevino
    992 F2d 64
    Norma Leticia Trevino, pro se. Henry J. Bemporad, Adrienne Urrutia, Asst. Federal Public Defenders, San Antonio, TX, Lucien B. Campbell, Federal Public Defender, Dan Newsome, Asst. Federal Public De...

  • Muxen v. W Ducharme
    993 F2d 883
    MEMORANDUM Muxen shot and killed a police officer in Washington. The testimony at trial was conflicting. One witness indicated that Muxen attempted to slam the front door on the officer, that the...

  • United States v. Amornvattana
    993 F2d 884
    MEMORANDUM Veeradech A. Amornvattana appeals the district court's denial of his suppression motion following a conditional guilty plea to one count of importing more than one kilogram of heroin, in v...

  • United States v. W Novak
    993 F2d 1550
    Richard W. Novak was convicted by a jury in 1988 of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846, possession of cocaine with the intent to distribute it in violation of 21 U.S...

  • Dupard v. United States
    993 F2d 882
    MEMORANDUM Ronald J. Dupard appeals pro se the district court's denial of his habeas petition. His primary contentions are that the district court erred by rejecting his claim of ineffective assist...

  • United States v. Hernandez
    995 F2d 307
    Following trial, defendants Jose Hernandez, Aguilino Jose Sanchez, and Jorge Luis Sostre (hereinafter, collectively: "appellants") were convicted and sentenced on various charges arising out of an un...

  • Evans v. Clark
    993 F2d 882
    MEMORANDUM Tena Evans appeals pro se the district court's denial of her petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (1988). She contends that the district court err...

  • United States v. W Miller
    993 F2d 16
    Defendant Robert W. Miller appeals from a judgment entered in the United States District Court for the Eastern District of New York following his plea of guilty before Eugene H. Nickerson, Judge, conv...

  • Braun v. Immigration and Naturalization Service
    992 F2d 1016
    Victor E. Braun ("Braun") appeals the decision of the Board of Immigration Appeals ("BIA") finding him statutorily ineligible for a waiver of deportation under Section 241(f) of the Immigration and Na...

  • United States v. A Patterson
    993 F2d 121
    After a bench trial, the defendant, Troy Patterson, was found guilty of possession of cocaine base with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Prior to trial, the defendant...

  • United States v. Campbell
    993 F2d 885
    Before SKOPIL, ALARCON and BEEZER, Circuit Judges Roger Scott Campbell appeals pro se the district court's denial of his petition for habeas corpus relief. He contends that the district court erred...

  • United States v. Yb Hahn
    993 F2d 885
    Paul Y.B. Hahn appeals after he was resentenced pursuant to our decision in his previous appeal, United States v. Hahn, 960 F.2d 903 (9th Cir.1992). On remand, the district court heard additional e...

  • Lowery v. Abrahamson
    993 F2d 1550
    Petitioner James Lowery is an inmate at Waupun Correctional Institution, who filed this appeal from the denial of his habeas corpus petition, which takes issue with disciplinary proceedings taken agai...

  • United States v. T Rogers
    993 F2d 886
    MEMORANDUM Jerry T. Rogers pleaded guilty to armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d), and to using a firearm during and in relation to bank robbery, in violation of 18 U....

  • United States v. Mendez
    992 F2d 1488
    This appeal raises the question of whether conspiracy to interfere with interstate commerce by robbery in violation of 18 U.S.C. § 1951 is a "crime of violence" under 18 U.S.C. § 924(c)(1). ...

  • Brewer v. Parker
    993 F2d 1546
    Larry Brewer, an Ohio state prisoner, proceeding without benefit of counsel, appeals from the order of the district court dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C...

  • United States v. Tyler
    993 F2d 1548
    Defendants, Lathan Tyler, Hendri Graham, Shannon Sanders, and Reginald Robinson appeal their jury convictions and sentences for drug trafficking. For the reasons that follow, we AFFIRM. Working in...

  • United States v. Bulger
    993 F2d 1547
    Defendant Edward Bulger here appeals a conviction for possession of cocaine with intent to distribute it. The question we are asked to decide is whether a confession that Mr. Bulger gave the authori...

  • United States v. Austell
    993 F2d 1550
    Before CUDAHY, and EASTERBROOK, Circuit Judges, and GARNETT THOMAS EISELE, Senior District Judge. Convicted of bank robbery and of using a firearm in the course of that robbery, Darnell Austell rais...

  • United States v. G Brown
    993 F2d 1547
    Defendant-Appellant Bobbie G. Brown appeals his sentence following his guilty plea to mailing threatening communications. For the reasons stated below, we AFFIRM. On May 9, 1991, and July 22, 1991...

  • Martinez v. Shinn
    992 F2d 997
    Appellees, forty migrant and seasonal agricultural workers, sued appellants, Washington farmers, for violations of the Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA), Fair Labor Stan...

  • City Of Philadelphia v. Lead Industries Association Inc Nl Scm Nl Scm
    994 F2d 112
    The City of Philadelphia ("City") and the Philadelphia Housing Authority ("PHA") brought this action against manufacturers of lead pigment and their trade association to recover the costs of abating h...

  • United States v. Salazar
    993 F2d 886
    MEMORANDUM Jorge Salazar appeals his conviction imposed following jury trial for carrying a firearm during a drug trafficking offense in violation of 18 U.S.C. § 924(c). Salazar contends that ...

  • Flahardy v. United States
    993 F2d 1546
    George Flahardy, a pro se federal prisoner, appeals a district court order denying his motion to vacate, set aside or correct his sentence filed pursuant to 28 U.S.C. § 2255. This case has been...

  • Wells v. H Scaggs
    993 F2d 1552
    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 ...

  • Phillips v. Champion
    993 F2d 1552
    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 ...

  • Bias v. R Cody
    993 F2d 1551
    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 ...

  • Wilson v. United States
    993 F2d 1550
    Larry D. Wilson, a convicted felon who was sentenced under 18 U.S.C. § 924(e)(1), the "Armed Career Criminal" provision, appeals from the district court's denial of his motion to vacate his sente...

  • Manier v. Us Parole Commission
    993 F2d 1547
    Petitioner, James A. Manier, a pro se federal prisoner presently incarcerated at the Federal Correctional Institution in Ashland, Kentucky, appeals a district court order dismissing, as frivolous, his...

  • Castaneda Suarez v. Immigration and Naturalization Service
    993 F2d 142
    Douglas Castaneda-Suarez (Castaneda) brings this appeal from an order of deportation affirmed by the Board of Immigration Appeals (Board). An immigration judge (IJ) ordered Castaneda deported after ...

  • United States v. P Pazos
    993 F2d 136
    This case requires us to decide whether the government can sustain a drug conspiracy conviction solely on evidence that the defendant engaged in counter-surveillance during a drug transaction. Findi...

  • United States v. Veltman Iii
    993 F2d 887
    MEMORANDUM The district court was correct in not grouping the counts on which Veltman was convicted. Counts are grouped only when they "involv[e] substantially the same harm." U.S.S.G. § 3D1...

  • United States v. L Beck
    992 F2d 1008
    Quintin L. Beck appeals his sentence imposed after pleading guilty to being a felon in possession of a firearm. He argues that the district court erred by departing upward from the applicable senten...

  • United States v. Torrez Martinez
    993 F2d 887
    MEMORANDUM Appellant Mario Torrez-Martinez ("Torrez") pleaded guilty to one count of illegal transportation of aliens, in violation of 8 U.S.C. § 1324(a)(1)(B). The district court twice senten...

  • United States v. Ward
    993 F2d 887
    MEMORANDUM A jury convicted Ward of possession of unregistered machine-guns and silencers, 26 U.S.C. §§ 5861(d), 5861(i). He appeals from the denial of his motion to suppress evidence unc...

  • United States v. Trevino
    993 F2d 887
    MEMORANDUM Pete Nicholas Trevino appeals his 21-month sentence imposed following a guilty plea to being an ex-felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Trevino conte...

  • Krasinski v. Immigration and Naturalization Service
    993 F2d 1549
    The Immigration and Naturalization Service ("INS") found Roman Krasinski deportable under § 241(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a)(2) (1988), which provides for...

  • United States v. Kessee
    992 F2d 1001
    Kessee was convicted of conspiracy, possession with intent to distribute, and carrying a firearm during a narcotics transaction in connection with sales of cocaine base. 18 U.S.C. § 924(c)(1); ...

  • United States Of America v. Alfredo Ochoa Ochoa
    993 F2d 886
    MEMORANDUM Federal prisoners Alfredo Ochoa-Ochoa and Holmes Ochoa-Victoria appeal pro se the district court's denial of their habeas petitions pursuant to 28 U.S.C. § 2255, challenging their sen...

  • United States v. Beamon
    992 F2d 1009
    Walter Donald Beamon and Jeffrey John McMillin appeal their convictions following guilty pleas for attempted possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(...

  • United States v. Dahlquist
    993 F2d 1547
    This is a direct appeal from a judgment of conviction. Defendant's counsel has moved to withdraw and has filed a "no merit" brief pursuant to Rule 12, Rules of the Sixth Circuit, and Anders v. Cali...

  • Wiley v. Supreme Court State Of Colorado D R H E M F J L J E
    993 F2d 1552
    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 ...

  • Focus Investment Associates Inc v. American Title Insurance Company Focus Investment Associates Inc
    992 F2d 1231
    In these cross-appeals, we explore, inter alia, the parameters of a title insurance company's duty to disclose title defects to its insured, a lender-mortgagee. The district court, finding that no s...

  • United States v. Taliaferro
    993 F2d 1541
    In this consolidated appeal, appellants, Brenda Taliaferro (Brenda), Linda Taliaferro (Linda), Isabel Martinez, Patricia Beckford, and Kenneth Brown appeal the judgment entered by the district court i...

  • United States v. Rutherford
    993 F2d 886
    MEMORANDUM Lloyd Dewey Rutherford, Jr., appeals his conviction, following a conditional guilty plea, for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and us...

  • Roman v. Blodgett
    993 F2d 884
    MEMORANDUM Salvador Roman, a Washington state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for second degree felony mur...

  • Breveard v. United States
    993 F2d 881
    MEMORANDUM In an attempt to set aside his guilty plea, appellant raises several claims under 28 U.S.C. § 2255. Appellant contends his plea was not voluntary because he wasn't aware his maximum...

  • Richmond Bey v. United States Parole Commission
    993 F2d 1547
    DISMISSED. This is a habeas corpus case in which the petitioner, Stephen A. Richmond-Bey, sought release from detention pending a parole revocation hearing. The district court denied the writ, and...

  • Davis v. Unisea Inc
    993 F2d 882
    MEMORANDUM In September 1989, the vessel OMNISEA collided with a pier in the East Duwamish waterway, United States navigable waters near Seattle, Washington. At that time, Maurice Davis was aboard ...

  • United States v. W McGrane
    993 F2d 1550
    Pursuant to a written plea agreement, Robert W. McGrane pleaded guilty to one count of felony possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and was sentenced to 228 months in pris...

  • United States v. L Brewton
    993 F2d 1531
    Appellant appeals from the denial of his motion to correct sentence. He contends that his sentence for unlawfully possessing a firearm after having been convicted of a felony (hereafter, felon in pos...

  • United States v. Prandy Binett
    995 F2d 1069
    Some opaque containers induce assumptions about their contents. Refrigerators contain food. Under the hoods of automobiles are engines. These are predictions, based on experience. Narcotics of...

  • United States v. Medina Ortiz
    993 F2d 886
    MEMORANDUM After conditionally pleading guilty to importation and possession of marijuana, Medina-Ortiz appeals from the denial of his motion to suppress evidence. He argues the district court shou...

  • Klein v. S Hollings
    992 F2d 1285
    Appellants, John S. Hollings, Ryder Truck Rental, Inc., Tennessee Kartage, Inc. and Ryder Temperature Control Carriage, Inc. (collectively "the Defendants"), appeal a November 26, 1990 order of the U...

  • United States v. Young
    995 F2d 306
    This case was considered on the record and on the briefs and oral argument of counsel. The Court has determined that the issues presented occasion no need for an opinion. See D.C.Rule 14(c). Th...

  • Moore v. Moran
    993 F2d 883
    MEMORANDUM Roger N. Moore, a Nevada state prisoner, appeals pro se the district court's judgment, following a jury verdict, in favor of the defendants, Las Vegas Police officers, in his 42 U.S.C. &#x...

  • United States v. Pratt
    995 F2d 306
    These causes came on to be heard on an appeal from the United States District Court for the District of Columbia and were argued by counsel. The court has determined that the issues presented occasi...

  • United States v. Fletcher
    993 F2d 1540
    Andrew Fletcher, Donna Lamyrtle Collington, Marvin Brewer, and Thomas Floyd Littlejohn were charged in a 51-count indictment with conspiracy to possess with the intent to distribute and to distribute ...

  • United States v. G Beverly
    993 F2d 1531
    The appellant, Robert G. Beverly, was convicted, after a jury-waived trial, of two counts of failure to file an income tax return, and three counts of income tax evasion. We affirm the conviction. ...

  • United States v. Speck
    992 F2d 860
    This appeal raises the question whether a defendant who insisted upon his factual innocence at trial and all the way through sentencing qualifies for the acceptance of responsibility reduction under U...

  • United States v. D Lorenzo
    995 F2d 1448
    This appeal raises a number of issues concerning the use of a tax protest scheme designed to harass public officials and private individuals against whom some of the appellants had grievances. * On ...

  • United States v. Mallerich
    993 F2d 885
    MEMORANDUM Mark Jerome Mallerich appeals his conviction following a conditional guilty plea to bank robbery in violation of 18 U.S.C. § 2113(a). Mallerich contends that the district court erre...

  • United States v. Bazargan
    992 F2d 844
    Homayoun Bazargan appeals from his conviction in district court for being an illegal alien in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(5), 924(a)(2). We affirm. On Oct...

  • United States v. Rahm
    993 F2d 1405
    Sharon Ann Rahm appeals her conviction on charges of possession of counterfeit currency and of attempting to pass counterfeit currency, both in violation of 18 U.S.C. § 472. We hold that the di...

  • United States v. Kim
    993 F2d 885
    Before: D.W. NELSON, WIGGINS, and LEAVY, Circuit Judges MEMORANDUM Ann Kim and Keith Kim were indicted on seven counts: (1) conspiracy to possess with the intent to distribute methamphetamine, in...

  • United States v. Gomez Lopez
    993 F2d 885
    MEMORANDUM Domingo Gomez-Lopez appeals from the twenty-four month sentence he received following his guilty plea to illegal re-entry after deportation subsequent to a felony conviction, in violation ...

  • Logue v. Champion
    993 F2d 1551
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); Tenth...

  • United States v. Dennis
    993 F2d 1552
    Defendant appeals his conviction and sentence for distribution of cocaine base. 21 U.S.C. § 841(a)(1). Defendant claims (1) the evidence was insufficient to support his conviction; and (2) th...

  • United States v. Kashiwabara
    993 F2d 885
    MEMORANDUM Kashiwabara, convicted of various drug-related crimes, was sentenced to eighty-seven months in prison. This sentence included a two-level enhancement of his base offense level under Unit...

  • United States v. Howard
    991 F2d 195
    Appellant, Clinton Howard, appeals his conviction and sentence imposed after a jury convicted him for possession of cocaine base with intent to distribute in violation of 21 U.S.C. § 841(a)(1). ...

  • United States v. Ramirez
    993 F2d 886
    MEMORANDUM Javier Perez Ramirez appeals from the district court's denial of his motion to suppress evidence seized during a search of his residence at 116 South Government Way in Spokane, Washington....

  • Panduro Chanchabi v. Immigration and Naturalization Service
    993 F2d 884
    MEMORANDUM Gilberto Santos Panduro Chanchabi (Panduro) seeks review of the decision of the Board of Immigration Appeals (BIA) denying him discretionary relief from deportation pursuant to 8 U.S.C. se...

  • United States v. Botello
    991 F2d 189
    Defendant, Miguel Botello, was convicted by a jury of murdering Gerardo Luis Quintanilla while working in furtherance of a continuing criminal enterprise, in violation of 21 U.S.C. § 848(e) (1988...

  • Clarkson v. E Aiken D
    993 F2d 1549
    Kenneth R. Clarkson, an inmate at the Indiana State Farm prison in Greencastle, Indiana, brought a civil rights action pursuant to 42 U.S.C. § 1983. Clarkson alleged that eight defendants, who ...

  • United States v. James McElveen Benny Milligan
    993 F2d 1548
    The defendants appeal a district court order denying their motions for a stay of execution of their sentences and for release on bail pending disposition of their appeals in Cases Nos. 92-6655 and 92-...

  • Neargarder v. Fmc Corporation
    993 F2d 883
    MEMORANDUM Robert Neargarder appeals from the district court's order of summary judgment in favor of FMC Corporation, Neargarder's employer and defendant in this action. Neargarder alleges that FMC...

  • United States v. L Griffin
    993 F2d 1548
    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...

  • Gray v. Jabe
    993 F2d 1546
    Before MARTIN and BOGGS, Circuit Judges, and SPIEGEL, District Judge. Michael Allan Gray is a pro se Michigan prisoner who appeals a district court judgment dismissing his habeas corpus petition fil...

  • National Labor Relations Board v. International Brotherhood Of Electrical Workers Local Union
    992 F2d 990
    The National Labor Relations Board (the "Board") applies for enforcement of its second supplemental decision and order issued against the International Brotherhood of Electrical Workers, Local 112, AF...

  • McFarland v. F Todd E
    993 F2d 1550
    Perry J. McFarland, an inmate of the Westville Correctional Center, brought a civil rights action pursuant to 42 U.S.C. § 1983 against six employees of the Indiana Department of Correction. McF...

  • Capraro v. United Parcel Service Co
    993 F2d 328
    Plaintiff Charles Capraro appeals a grant of summary judgment for defendant United Parcel Service (UPS) in a suit stemming from UPS's termination of Capraro's employment. The district court granted ...

  • United States v. Weir
    993 F2d 1552
    Before McKAY, Chief Judge, McWILLIAMS, Circuit Judge, and SAFFELS, District Judge. ORDER AND JUDGMENT DALE E. SAFFELS, District Judge. The defendant-appellant Gregory Weir was charged and convict...

  • Iota Xi Chapter Of Sigma Chi Fraternity
    993 F2d 386
    George Mason University appeals from a summary judgment granted by the district court to the IOTA XI Chapter of Sigma Chi Fraternity in its action for declaratory judgment and an injunction seeking to...

  • United States v. McKenzie
    991 F2d 203
    Robert Ian McKenzie was convicted, pursuant to his guilty plea, on one count of illegal re-entry into the United States after deportation, in violation of 8 U.S.C. § 1326 (1988). McKenzie appea...

  • United States v. Williams
    993 F2d 1548
    Defendant, Gregory Williams, argues on appeal that the district judge abused his discretion when he ordered defendant's federal sentence to run consecutively to an unexpired state sentence Williams wa...

  • United States v. W Wilson
    993 F2d 1552
    Defendant Kipp W. Wilson pled guilty to one count of possession with the intent to distribute more than 500 grams of cocaine in exchange for the government's dismissing the remaining four counts of th...

  • United States v. Harris
    990 F2d 594
    This sentencing appeal focuses on the distinction between a court's consideration of a defendant's need for drug rehabilitation in fixing the term of imprisonment, which is not permitted by the senten...

  • United States v. Cordero
    992 F2d 985
    On April 19, 1993, we issued an unpublished order denying the application to this case of the automatic stay provision of Ninth Circuit Rule 9-1.2(d). On the same day, appellant filed an emergency m...

  • Hawkins v. Riveland
    993 F2d 882
    MEMORANDUM Washington state prisoner David A. Hawkins appeals from the denial of his habeas corpus petition pursuant to 28 U.S.C. § 2254. Hawkins contends that he is entitled to federal habeas...

  • United States v. Lonczak
    993 F2d 180
    James Lonczak appeals his 120-month sentence imposed following his guilty plea to two counts of arson on the public domain, in violation of 18 U.S.C. § 1855 (1988). Lonczak contends the distric...

  • Petrich v. Cappadona
    993 F2d 1552
    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 ...

  • Kelly v. State Of Washington
    993 F2d 883
    MEMORANDUM State prisoner Richard Kelly appeals from the district court's dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. section 2254. Kelly claims that he was sentence...

  • Campbell v. Blodgett O
    992 F2d 984
    A majority of the en banc court has voted to deny respondents-appellees' motion for reconsideration of order of remand. O'SCANNLAIN, Circuit Judge, with whom KLEINFELD, Circuit Judge, joins, dissent...

  • United States v. A Koelling
    992 F2d 817
    Larry Dean Kissee, Ash Flat, AR, argued, for appellant. Lesa Bridges Jackson, Asst. U.S. Atty., Little Rock, AR, argued, for appellee. Before WOLLMAN, Circuit Judge, ROSS, Senior Circuit Judge and...

  • United States v. Madueno
    993 F2d 885
    MEMORANDUM Madueno pleaded guilty to possessing heroin with the intention to distribute it. 21 U.S.C. § 841(a)(1). She appeals her sentence. She argues that the district court erred by not ...

  • United States v. Ramsey
    992 F2d 831
    George William Ramsey appeals his convictions for failing to comply with the lawful directions of a Federal Protective Officer, disorderly conduct which created a nuisance, and distributing handbills ...

  • United States v. L Groll
    992 F2d 755
    Defendant Vicki Groll pleaded guilty to one count of marijuana distribution and one count of using a firearm in the course of drug trafficking. At the sentencing hearing, the defendant moved to with...

  • United States v. Bingham
    992 F2d 975
    Alton Clark Bingham lied about his name when he sold securities through a brokerage firm. We consider whether that lie constituted securities fraud under 17 C.F.R. § 240.10b-5 (1992) ("Rule 10b...

  • Risher v. United States
    992 F2d 982
    Appellant Richard Carlton Risher claims that his counsel's failure to advise him before he pleaded guilty that he might be sentenced under the Sentencing Reform Act constituted ineffective assistance ...

  • United States v. O Bertoli and O
    994 F2d 1002
    Appellant law firm, Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello ("Podvey, Sachs" or "firm"), seeks to appeal an order of the United States District Court for the District of New Jersey ...

  • United States v. Curry C
    993 F2d 43
    Drayton Curry was arrested on June 14, 1991, as he was leaving a hotel room with a suitcase of heroin. Curry had met with Bernadette Scott and Arthur Watson in the hotel room to discuss a drug trans...

  • United States v. Reynolds
    993 F2d 886
    MEMORANDUM Lani Jean Reynolds pleaded guilty to two counts of unarmed bank robbery. The district court granted her a downward departure from a guideline sentence range of 41 to 51 months to a sente...

  • United States v. Santa Lucia
    991 F2d 179
    Convicted on a guilty plea of engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848(a), Henry Joseph Santa Lucia appeals, contesting the voluntariness of his plea and chall...

  • United States v. Mitchell
    993 F2d 229
    This appeal presents the single issue of whether the district court erred in failing to suppress the warrantless search of and the seizure of certain evidence from appellant's hotel room in the Comfor...

  • Kopf v. Skyrm
    993 F2d 374
    Ada Kopf appeals a judgment entered after a jury verdict in favor of the defendant police officers and a subsequent summary judgment for the defendant county in this 42 U.S.C. § 1983 action alleg...

  • United States v. Taylor
    993 F2d 382
    Luther Langford Taylor, Jr. was convicted of six counts of conspiracy to violate and violation of the Hobbs Act, 18 U.S.C. § 1951. The convictions resulted from monetary payments made to him, w...

  • Pacific Dunlop Holdings Incorporated v. Allen and Company Incorporated
    993 F2d 578
    This case presents a single issue of law: the scope of section 12(2) of the Securities Act of 1933 (1933 Act), 48 Stat. 74, as amended, 15 U.S.C. § 77l, as it involves civil fraud in a security ...

  • Tk 7 Corporation v. Estate Of Barbouti Ibi Inc
    993 F2d 722
    John Michael Johnston (Jay D. Adkisson, with him on the brief), Claro & Johnston, Oklahoma City, OK, for plaintiffs-appellants, appellees TK-7 Corp., et al. Arthur R. Angel (James A. Ikard, with...

  • Ishak v. Deeds
    993 F2d 882
    MEMORANDUM Youssef Ishak, a Nevada state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas petition challenging his conviction for attempted cheating at gamb...

  • Freeman v. City Of Modesto
    993 F2d 882
    MEMORANDUM Barbara Freeman appeals the district court's partial directed verdict for the officers on the claim of negligence. We affirm. We review the district court's grant of the directed verdi...

  • McGowan v. Sowders
    993 F2d 1547
    Sidney McGowan 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 case has been referred to a panel...

  • Martinez Canazal v. Us Immigration and Naturalization Service
    993 F2d 883
    MEMORANDUM Jose Luis Martinez-Canazal petitions for review of a final order by the Board of Immigration Appeals which reversed the immigration judge's relief from deportation under section 212(c) of ...

  • Lester v. United States
    993 F2d 883
    MEMORANDUM Glen William Lester appeals the denial of his motion to vacate sentence pursuant to 28 U.S.C. § 2255. A magistrate judge presided over the selection of the jury that convicted Leste...

  • United States v. Boeckman
    993 F2d 884
    MEMORANDUM Robert Brian Boeckman, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate or set aside his sentence. Boeckman pled guilty to two ...

  • Risher v. United States
    993 F2d 884
    Before CANBY and NORRIS, Circuit Judges, and TANNER, District Judge. MEMORANDUM Risher appeals from the district court's denial of his § 2255 motion. He makes two claims: 1) his sentence vi...

  • Simmons v. Chicago and Northwestern Transportation Company
    993 F2d 1326
    Plaintiff-appellant, Johnie J. Simmons ("Simmons"), brought suit against defendant Chicago North Western Transportation Company ("the Company") under the Federal Employers' Liability Act, 45 U.S.C. &#...

  • United States v. Gartland
    993 F2d 885
    MEMORANDUM Bob Gartland appeals from the fifty-five month sentence imposed following the entry of his guilty plea to conspiracy to manufacture marijuana, in violation of 21 U.S.C. §§ 841(a)...

  • Hause v. Vaught
    993 F2d 1079
    Stephen M. Hause brought this action pursuant to 42 U.S.C. § 1983 (1988) challenging his conditions of confinement while a pretrial detainee at the Horry County Detention Center, Conway, South Ca...

  • United States v. Johnson
    993 F2d 885
    MEMORANDUM Larry Johnson was convicted of one count of conspiring to manufacture and distribute rock cocaine in violation of 21 U.S.C. § 846, and twelve counts of possession of cocaine with inte...

  • United States v. Cruz
    993 F2d 885
    Before CANBY and NORRIS, Circuit Judges, and TANNER, District Judge MEMORANDUM Carlos Cortes Cruz appeals his conviction and sentence for possession with intent to distribute cocaine and marijuana. ...

  • Bryan v. Commonwealth Of Kentucky
    993 F2d 1546
    Franklin Leon Bryan, a pro se Kentucky prisoner, appeals a district court order dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. This case has been referr...

  • United States v. Blanchettec T
    993 F2d 229
    Appellant Cedric Blanchettec appeals his conviction for conspiracy to possess with intent to distribute and to distribute cocaine base (crack) in violation of 21 U.S.C. §§ 841(a)(1) and 846,...

  • United States v. Despaingne
    993 F2d 229
    Armando Despaingne appeals from the judgment entered by the district court following a jury verdict of guilty on charges of armed bank robbery, 18 U.S.C. § 2113(a), (d) (1988 & Supp. II 1990...

  • United States v. Morgan
    993 F2d 1548
    Ronald William Morgan, a federal prisoner, appeals his conviction and sentence imposed by the district court following his guilty plea to one count of conspiracy to possess with intent to distribute 5...

  • United States v. Young
    993 F2d 887
    Before D.W. NELSON, WIGGINS and LEAVY Circuit Judges. MEMORANDUM Jeffrey Young was convicted of one count of conspiring to manufacture and distribute cocaine in violation of 21 U.S.C. § 846, a...

  • United States v. Harmon
    993 F2d 1548
    Defendant Willie Harmon appeals his conviction of one count of attempting to possess with the intent to distribute a Schedule II controlled substance, cocaine base, in violation of Title 21, United St...

  • United States v. K Hartzell
    993 F2d 1548
    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...

  • Whitchard v. United States
    993 F2d 1548
    Before MARTIN and BOGGS, Circuit Judges, and SPIEGEL, District Judge. In these consolidated appeals, Tommy L. Whitchard (Case No. 92-5945) and Dathmus Lane (Case No. 92-5946) appeal the district cou...

  • United States v. Rivera Arriola
    993 F2d 886
    MEMORANDUM Appellant Jildardo Rivera-Arriola challenges his conviction under 8 U.S.C. § 1326 (1988) for reentering the United States after being deported. He contends that the Supreme Court's ...

  • United States v. Real Estate Known As Waller Street Portsmouth Ohio
    993 F2d 1548
    Curtis W. McGlone, a pro se Ohio prisoner, appeals a district court judgment ordering the forfeiture of his home pursuant to 21 U.S.C. § 881. The case has been referred to a panel of the court ...

  • United States v. Martinez Ferreras
    993 F2d 1550
    Defendant Moises Martinez-Ferreras appeals from his conviction by a jury for conspiracy to distribute and to possess with the intent to distribute cocaine, 21 U.S.C. § 846, and possession with th...

  • United States v. Thiefault
    993 F2d 886
    MEMORANDUM Gaylon Thiefault was charged with raping Gail Julius and Andrea Smith in violation of 18 U.S.C. §§ 1153(a) and 2241(a) (1988). A jury convicted him of the Smith rape but acquit...

  • United States v. Munda
    993 F2d 1548
    This is an appeal from the United States District Court for the Eastern District of Tennessee finding the defendant guilty on every count of an eight count indictment and sentencing him to three life ...

  • United States v. Lewis
    993 F2d 1548
    The defendant appeals his conviction in absentia and sentence for possession with intent to distribute cocaine, use of a firearm in relation to a drug offense, and being a felon in possession of a fir...

  • Brewer v. United States
    993 F2d 1546
    Before GUY and NELSON, Circuit Judges, and SPIEGEL, District Judge. Petitioner, James Brewer, appeals a district court order denying a motion filed pursuant to 28 U.S.C. § 2255. This case has...

  • Henson v. Sowders
    993 F2d 1546
    Tolman Henson, a pro se Kentucky prisoner, appeals from an order of the district court dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. This case has been...

  • Newton v. C Seabold
    993 F2d 1547
    Ernest Newton, a pro se Kentucky prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. § 1983. The case has been referred to a panel of t...

  • Timson v. Ammer
    993 F2d 1547
    John W. Timson, a pro se Ohio petitioner, appeals the district court's judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. The case has been referred to a...

  • Squire v. Jj Clark Fci
    993 F2d 1547
    John Squire, a pro se federal prisoner, appeals a district court judgment dismissing his civil rights suit filed under the doctrine announced in Bivens v. Six Unknown Named Agents of Fed. Bureau of ...

  • United States v. Parsons
    993 F2d 38
    The defendant, Atha Lennette Parsons, was convicted of violating 18 U.S.C. § 844(i) (arson of a building used in an activity affecting interstate commerce) and § 1341 (mail fraud). She app...

  • McCrary El v. Shaw
    992 F2d 809
    Appellant Jerry McCrary-El is currently serving a life sentence plus 35 years in Farmington, Missouri (FCC), for assault with intent to kill with malice aforethought, first-degree arson, and carrying ...

  • United States v. Moreno
    991 F2d 943
    Defendant Raymond Moreno, Jr., appeals his conviction in the district court for possession of an unregistered firearm, 26 U.S.C. § 5861(d), and of ammunition by a convicted felon, 18 U.S.C. §...

  • United States v. J Connor
    992 F2d 1459
    .... Maybe it [the presentence report finding that two points should not be added for obstruction of justice and two points should be deducted for acceptance of responsibility] should be reversed an...

  • United States v. Pofahl T
    990 F2d 1456
    Defendants, Amy Ralston Pofahl ("Pofahl"), Charles T. Nunn ("Nunn"), and Randy White ("White"), were jointly tried before a jury and convicted of offenses stemming from a conspiracy to import into the...

  • United States v. Villegas Salazar
    993 F2d 887
    Before NOONAN and LEAVY, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM On December 7, 1989, a white Ford sedan driven at normal speed by a lone male went by United States Border...

  • United States v. Evans
    993 F2d 1548
    The defendant appeals the district court's order denying his motion for release pending sentencing and pending appeal. Briefs have been filed by both the defendant and the government. The defendan...

  • United States v. Acosta
    993 F2d 1552
    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...

  • Sligar v. Holt
    993 F2d 1552
    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...

  • Veale v. Town Of Marlborough Nh W Veale T
    993 F2d 1531
    Appellants, Scott W. and David T. Veale, appeal the dismissal of complaints they filed in two separate actions in the district court. Appellants based their complaints on 42 U.S.C. § 1983. Thes...

  • Coronel v. State Of Hawaii Department Of Corrections
    993 F2d 882
    MEMORANDUM Paul Coronel, a Hawaii state prisoner, appeals pro se the district court's grant of summary judgment in favor of the defendant Hawaii state prison officials ("defendants") in his action un...

  • United States v. Whiteside
    993 F2d 1550
    John Whiteside challenges his sentence based on the alleged failure of the sentencing court to adequately articulate its reasons for granting him no more than a two-level reduction for substantial ass...

  • Castiglia v. Us Immigration and Naturalization Service
    993 F2d 882
    MEMORANDUM Salvatore Castiglia petitions for review of a decision of the Board of Immigration Appeals ("BIA") to deport him from the United States to Italy. Castiglia contends that the BIA abused i...

  • United States v. Jackson
    993 F2d 1548
    Defendant, Dwayne Anthony Jackson, appeals his conviction for possession of cocaine with intent to distribute, and for aiding and abetting the possession of cocaine with intent to distribute. Jackso...

  • Brown v. United States
    993 F2d 881
    MEMORANDUM Robert J. Brown appeals pro se the district court's dismissal of his Federal Tort Claims Act (FTCA) action against the United States for failure to state a claim pursuant to Fed.R.Civ.P. 1...

  • United States v. Gieniec
    993 F2d 885
    MEMORANDUM The district court didn't err in admitting evidence of Gieniec's prior bad acts. The evidence was relevant to show the nature of Gieniec's relationship with Rydzewski, which in turn bore...

  • United States v. Debamaka
    993 F2d 885
    MEMORANDUM Noble Debamaka pleaded guilty to conspiracy to possess and possession with intent to distribute heroin, 21 U.S.C. §§ 846, 841(a)(1), and conspiracy to import and importation of h...

  • Lundquist v. Security Pacific Automotive Financial Services Corp
    993 F2d 11
    Betty Lundquist ("Lundquist") appeals from a judgment of the United States Court for the District of Connecticut (T.F. Gilroy Daly, Judge ) denying her motion for class certification in an action agai...

  • Wallace v. United States
    993 F2d 887
    MEMORANDUM Wallace pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 846, 841(a)(1). The district court sentenced him to ...

  • United States v. T Reno
    992 F2d 739
    Russell Reno (Reno) appeals his conviction and sentence for bank robbery in violation of 18 U.S.C. § 2313(a). During the jury trial, Reno relied on an insanity defense. Reno was found guilty ...

  • Meyer v. J Robinson
    992 F2d 734
    In the process of subduing an arrested suspect, Lawrence County, Indiana police officer James Meyer wrapped gauze around the suspect's mouth to stop him from spitting. After conducting an extensive ...

  • United States v. Davis
    992 F2d 635
    Daniel A. Clancy, U.S. Atty., Office of the U.S. Atty., Memphis, TN, R. Leigh Grinalds, Asst. U.S. Atty. (argued and briefed), Jackson, TN, for U.S. Clayton F. Mayo (argued and briefed), Ford, Mosi...

  • Procopio v. Johnson M
    994 F2d 325
    The plaintiffs, hoping to adopt a child, became foster parents to a little girl born to an active drug addict. They nursed her through chronic narcotic withdrawal and cared for her for five years. ...

  • Brown v. Myers
    993 F2d 881
    MEMORANDUM Brown was convicted in California state court of attempted first-degree murder and sentenced to life plus three years, with the possibility of parole. He appeals pro se the district cour...

  • United States v. Arellano Cardenas
    993 F2d 884
    MEMORANDUM Following a jury trial, Jose Arellano-Cardenas ("Arellano") was convicted of two counts of distribution of cocaine and one count of possession with intent to distribute cocaine. He was s...

  • United States v. Valencia Vargas
    993 F2d 887
    MEMORANDUM When a case involves circumstances that weren't adequately considered by the Sentencing Commission, the district court may depart from the Guidelines. U.S.S.G. § 5K2.0 (p.s.); Uni...

  • United States v. A Capito
    992 F2d 218
    Michael A. Capito appeals from the district court's denial of his motion to withdraw his guilty plea. We affirm. In 1980, Capito was convicted in California state court of accessory to assault wit...

  • Franklin v. United States
    992 F2d 1492
    This appeal presents two somewhat thorny issues relating to the remedial scope and application of the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680. Initially, we hold th...

  • United States v. Williams
    993 F2d 1224
    Defendant Lena Williams appeals her sentence for embezzling and misapplying funds while an employee of the Agricultural Stabilization and Conservation Service, in violation of 15 U.S.C. § 714m(b)...

  • United States v. Parham
    993 F2d 1548
    Defendant David Lee Parham appeals the district court's refusal to reduce his offense level for acceptance of responsibility under United States Sentencing Guidelines (U.S.S.G.) § 3E1.1. For re...

  • United States v. R Arnet
    992 F2d 1220
    MEMORANDUM Douglas Arnet, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Arnet pled guilty to armed bank robbery, in viol...

  • United States v. Meza
    992 F2d 1220
    Before CANBY and REINHARDT, Circuit Judges, and TASHIMA, District Judge. MEMORANDUM Defendant-Appellant Juan Meza appeals the denial of his motion to vacate his sentence, made under 28 U.S.C. §...

  • United States v. Wongphaisankiat
    992 F2d 1220
    MEMORANDUM Piyaporn Wongphaisankiat, a federal prisoner, appeals pro se the district court's denial of her 28 U.S.C. § 2255 motion to vacate, set aside or correct her sentence. Wongphaisankiat...

  • United States v. Demers
    992 F2d 1220
    Before CANBY and REINHARDT, Circuit Judges, and TASHIMA, District Judge*. Defendant-Appellant Brenda Demers appeals the denial of her motion for acquittal for possession with intent to distribute an...

  • Turk v. Alameda County
    992 F2d 1220
    Here, there was sufficient evidence to create a bona fide doubt as to the defendant's competence to stand trial. First, Turk's counsel believed that Turk was incompetent to stand trial. Defense at...

  • Pometta v. E Poole Ca
    992 F2d 1220
    Before PREGERSON, and BEEZER, Circuit Judges, and Takasugi, District Judge MEMORANDUM Vickie G. Pometta appeals the district court's denial of her petition for a writ of habeas corpus. Pometta cla...

  • United States v. Escobar Velez
    992 F2d 1220
    MEMORANDUM Flavio Alejandro Escobar-Velez appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. We have jurisdiction under 28 U.S.C. § 2255, an...

  • Mayberry v. J Hudson
    993 F2d 1547
    Marvin Mayberry, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights suit filed pursuant to 42 U.S.C. § 1983. The case has been referred to a panel of the ...

  • Steen v. Renaissance Mfg Company
    993 F2d 1547
    Katherine Steen, pro se, appeals from a district court order dismissing her case for lack of subject matter jurisdiction in federal court. Steen filed this claim against the defendants on the basis ...

  • Cooper v. Vanderwal
    993 F2d 1546
    Ronnie Cooper, pro se, appeals a district court judgment granting the defendant's motion for summary judgment in this prisoner civil rights case filed under 42 U.S.C. § 1983. The defendant is a...

  • United States v. Keith
    992 F2d 1220
    MEMORANDUM Richard Raymond Keith appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. He contends that the district court erred by denying his sect...

  • United States v. Bogard Tn
    992 F2d 1220
    MEMORANDUM Larry Donnell Bogard appeals his conviction, following a guilty plea, for distribution of phencyclidine, a violation of 21 U.S.C. § 841(a)(1). Bogard contends that the district cour...

  • United States v. Bell
    991 F2d 1445
    The government appeals the district court's decision to use the Sentencing Guidelines in effect when Michelle Bell committed her crime instead of the Guidelines in effect when she was sentenced. We ...

  • United States v. Macdonald
    992 F2d 967
    MacDonald was convicted of various crimes involving unlawful possession and sale of firearms. He appeals on two issues, whether his army court-martial conviction was a sufficient basis for felon in ...

  • United States v. Fallon
    992 F2d 212
    Jodie Marie Fallon is a federal inmate serving a ten-year sentence imposed after she pleaded guilty to knowing possession of an unregistered destructive device. See 26 U.S.C. § 5861. She appe...

  • United States v. Ortiz
    992 F2d 1220
    MEMORANDUM Michael Ortiz, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. Ortiz was convicted for c...

  • McKinney v. J Sanders
    992 F2d 1219
    MEMORANDUM William McKinney, a Nevada state prisoner, appeals pro se the denial of his Fed.R.Civ.P. 60(b) motion for reconsideration of the district court's order dismissing his action for failure to...

  • United States v. St Angelo
    993 F2d 229
    Anthony St. Angelo, Sr., was convicted by a jury of four counts of unlawful disposal of hazardous waste in violation of 42 U.S.C.A. § 6928(d)(2)(A) (West Supp. 1992) and 18 U.S.C.A. § 2 (Wes...

  • Chambers v. Gunter A
    993 F2d 1551
    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 ...

  • Ross v. P Roth
    993 F2d 1550
    Kenneth Ross and Mark Mosley were convicted in an Illinois court of murder and armed robbery. They were tried together and defended by the same attorney. By this habeas suit Ross claims a Sixth Am...

  • United States v. Rangel Arreola
    991 F2d 1519
    Mr. Roberto Rangel-Arreola was convicted of possession of marijuana with intent to distribute and conspiracy to do the same in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B), 846, and 18 ...

  • United States v. Farley
    992 F2d 1122
    Defendant appeals the trial court's order allowing closed circuit testimony and the admission of certain hearsay statements during his trial. Our jurisdiction arises under 28 U.S.C. § 1291 and ...

  • United States v. Woodfolk
    993 F2d 1548
    Defendants Joy Woodfolk, Gregory Rhodes, and Andrew Valentino Richardson appeal various aspects of their guilty pleas and sentencing for conspiracy to possess and distribute cocaine. For the followi...

  • Hucke v. State Of Oregon
    992 F2d 950
    This case presents a conflict between a federal bankruptcy proceeding and a state criminal proceeding, in which the bankruptcy court opinion (as applied by the federal district court) effected the rel...

  • Hill v. Al Lockhart
    992 F2d 801
    In Berger, the Supreme Court approved the general approach of the Judicial Conference Guidelines, placed a limit of $5,000 on compensation to be paid for services before that Court, and stated that it...

  • United States v. Hamilton
    992 F2d 1126
    Defendant Frederick Dean Hamilton appeals his conviction for carrying a firearm during the commission of a crime of violence, 18 U.S.C. § 924(c)(1), and felon in possession of a firearm, 18 U.S.C...

  • United States v. Woolard A
    990 F2d 819
    Treating the suggestion for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The judges in regular active service of this Court having been polled at ...

  • Hale v. State Of Arizona
    993 F2d 1387
    Felton Hale, John Leroy Fuller and other inmates in Arizona correctional facilities who have worked for state prison industries programs seek to be paid the federal minimum wage on the ground that the...

  • Church Of Scientology International v. Daniels
    992 F2d 1329
    In June of 1991, the Church of Scientology International (CSI) ran a series of full page advertisements in USA Today Newspaper. Several of the ads spoke out against the use of drugs for the treatmen...

  • Hayman v. Commissioner Of Internal Revenue
    992 F2d 1256
    Petitioner-appellant Jacquelyn Hayman ("Hayman") appeals from a decision entered April 21, 1992 in the United States Tax Court (Clapp, J.) sustaining the deficiency determinations made by respondent-a...

  • United States v. T Brady
    993 F2d 177
    Following his conditional guilty plea to manufacturing marijuana plants in violation of 21 U.S.C. § 841(a)(1), Brady appeals from the district court's denial of his motion to suppress evidence. ...

  • Nelson v. Hargett
    989 F2d 847
    Petitioner Willie J. Nelson is currently in the custody of the Mississippi Department of Corrections. He received a thirty year prison sentence in November 1988 after pleading guilty to the charge o...

  • Yakich v. Municipal Court Of San Jose
    992 F2d 1221
    MEMORANDUM Sam S. Yakich appeals pro se the district court's orders dismissing his action for lack of federal subject matter jurisdiction and denying "all requests for relief" and prohibiting Yakich ...

  • United States Of America v. Spears
    993 F2d 229
    James David Spears pled guilty to conspiracy to import cocaine (21 U.S.C. § 963 (1988)). He appeals his sentence, alleging that he was not a manager or supervisor in the offense and that the cou...

  • United States v. Sosa
    992 F2d 1220
    MEMORANDUM The three appellants in this case--Allan Fuentes Sosa, Jaime Espinoza Leon, and Miguel Ortiz Pedraza--were convicted of conspiracy to possess with intent to distribute cocaine and possessi...

  • United States v. Vela
    992 F2d 1116
    Timothy Paul Vela appeals his sentence following a judgment of conviction on a guilty plea to attempted bank robbery in violation of 18 U.S.C. § 2113(a). The district court sentenced Mr. Vela t...

  • United States v. M Nelson
    993 F2d 1548
    Before GUY and NELSON, Circuit Judges, and BECKWITH, District Judge. Robert M. Nelson appeals his conviction and sentence for being a felon in possession of a firearm. This case has been referred ...

  • Wilhite v. United States
    993 F2d 1548
    Before GUY and NELSON, Circuit Judges, and BECKWITH, District Judge. This pro se federal prisoner, Marvin Wilhite, appeals a district court judgment denying his motion to vacate sentence filed pursu...

  • United States v. Meyer
    992 F2d 194
    Ronald Meyer appeals from the judgment of conviction entered by the district court following Meyer's plea of guilty to a charge of conspiring to commit an offense against and to defraud the United Sta...

  • United States v. E Thomas
    992 F2d 201
    Michael Thomas was found guilty of possession of cocaine with intent to distribute and use of a firearm in relation to narcotics trafficking in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)...

  • Swoboda v. K Dubach
    992 F2d 286
    Scott William Swoboda, pro se. Donald Patterson, Fisher, Patterson, Sayler & Smith, Topeka, KS, for defendants-appellees Jerry K. Dubach, Edna Fay Reder, Pam Remmers, Roberta A. Dubach, Rhonda (...

  • Carmichael v. Riveland
    992 F2d 1219
    Before BROWNING, KOZINSKI and RYMER Circuit Judges. MEMORANDUM Richard Lee Carmichael, a Washington state prisoner, appeals pro se the district court's order denying his motion for partial summary ...

  • United States v. Loftus
    992 F2d 793
    Dean Shannon Loftus appeals from a final judgment finding him guilty, upon a jury verdict, of extortion under color of official right, in violation of the Hobbs Act, 18 U.S.C. § 1951. Loftus cl...

  • United States v. Williams
    989 F2d 1137
    Sampson Williams pleaded guilty to one count of using an unauthorized access device (a credit card number) in violation of 18 U.S.C.A. § 1029(a)(2) (West Supp.1992). The presumptive sentencing ...

  • United States v. Gtw A
    992 F2d 198
    Before us are the appeals of two juveniles from the district court's order under 18 U.S.C. § 5032 (1988 and Supp. III 1991) transferring them to adult status for criminal prosecution for armed b...

  • United States v. K Leitch
    992 F2d 1220
    MEMORANDUM Irvine K. Leitch appeals his sentence imposed following revocation of probation. He contends the district court lacked jurisdiction to sentence him because the term of probation had expi...

  • United States v. Perroton
    992 F2d 1220
    MEMORANDUM Jon R. Perroton appeals pro se from the district court's denial, without a hearing, of his second motion under 28 U.S.C. § 2255 challenging his guilty plea conviction and sentence. ...

  • Todd v. Agnos
    992 F2d 1220
    MEMORANDUM Danny Todd, an Arizona state prisoner, appeals pro se the district court's order granting summary judgment to appellees and dismissing his 42 U.S.C. § 1983 action. Todd claims that ...

  • Jackson v. Borg
    992 F2d 1219
    MEMORANDUM Tyrone Jackson, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. The district court summarily dismissed...

  • Mansfield v. Champion
    992 F2d 1098
    Petitioner Wilburn Mansfield appeals from the district court's order denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Mansfield was convicted in Oklahoma state cour...

  • United States v. Yefsky
    994 F2d 885
    Sheldon Yefsky was convicted by a jury of a dual-object conspiracy, in violation of 18 U.S.C. §§ 371 and 1341, and of four counts of mail fraud, unrelated to the conspiracy, in violation of ...

  • Haislip v. Attorney General State Of Kansas
    992 F2d 1085
    Ivory L. Haislip appeals the district court's denial of his first habeas corpus petition, 788 F.Supp. 482. Mr. Haislip was convicted in 1984 of first degree murder and aggravated battery of a law en...

  • United States Of America v. Shuman
    993 F2d 229
    Paul Shuman pled guilty to conspiracy to possess marijuana with intent to distribute and to distribute marijuana in violation of 21 U.S.C.A. § 846 (West Supp. 1992). He appeals his sentence, all...

  • United States Of America v. Crouse
    993 F2d 229
    Manfred Dean Crouse appeals his conviction and sentence for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a) (1988). Crouse raises several alleged trial error...

  • United States v. Levy
    992 F2d 1081
    Joseph Eugene Levy appeals the district court's judgment against him in this criminal matter. Levy was charged with two counts of embezzlement by a trustee and other bankruptcy offenses in a six-cou...

  • Professional Real Estate Investors Inc v. Columbia Pictures Industries Inc
    508 US 49
    This case requires us to define the "sham" exception to the doctrine of antitrust immunity first identified in Eastern R. Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 81 S.Ct. 523...

  • McIlroy v. Painewebber Incorporated
    989 F2d 817
    Hayden McIlroy, Plaintiff below, appeals the district court's denial of his motion to modify or vacate an arbitration award handed down by an arbitration panel of the National Association of Securitie...

  • United States v. D Isom
    992 F2d 91
    Michael J. Mitchell, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Attorney, Knoxville, TN, for plaintiff-appellee. James H. Varner, Jr. (argued and briefed), Eshbaugh, Simpson & V...

  • Vingelli v. United States
    992 F2d 449
    This appeal revisits a recurring question: Does the power of a grand jury to compel the production of every person's testimony override the attorney-client privilege to the extent that when the perso...

  • United States v. Merchant
    992 F2d 1091
    Anthony Merchant appeals his jury conviction of possession of a prohibited object, cocaine, while an inmate in the United States Penitentiary at Leavenworth, Kansas. Merchant was charged in a supers...

  • Brown v. United States T Us
    992 F2d 1216
    Jonathan David Brown, a pro se federal prisoner, appeals a district court judgment dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 and § 1651. The ca...

  • Vega Encarnacion v. United States
    993 F2d 1531
    Appellant, Victor Vega-Encarnacion, was convicted along with a co-defendant, Hector Orlando Cruz-Rosario, of aiding and abetting in the distribution of more than 5,000 grams of cocaine in violation of...

  • Espinoza v. F Pontesso
    992 F2d 1219
    MEMORANDUM Ruben W. Espinoza appeals pro se the denial of his 28 U.S.C. § 2254 habeas corpus petition. He contends that the district court erred by (1) denying his claim that the state courts'...

  • United States v. Franco
    993 F2d 1531
    Defendant, Daniel Franco, pleaded guilty to a one count indictment charging him with unlawful possession of firearms after having been convicted of a felony, in violation of 18 U.S.C. § 922(g). ...

  • United States v. Lapinski
    993 F2d 1531
    The appellant, John Lapinski, appeals an order of the district court revoking his term of supervised release and imposing an 18 month term of incarceration. We affirm. In 1989, Lapinski pled guilty...

  • Camacho Carbono v. United States
    993 F2d 1530
    Gustavo Alberto Camacho-Carbono appeals the denial of his motion to set aside, vacate, or correct his sentence pursuant to 28 U.S.C. § 2255. We affirm the district court's decision dismissing hi...

  • Wiley v. United States
    992 F2d 1218
    Robert Aaron Wiley, a federal prisoner proceeding pro se, appeals from the order of the district court denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. This case has be...

  • Bear Heels v. United States
    993 F2d 1325
    Shane E. Bear Heels, a federal inmate, appeals the district court's denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. We affirm. In 1989, a jury...

  • United States v. Vehicle Chevrolet Motor Home Vin 2gbjg31mod4151646
    992 F2d 1218
    Willie J. Williams, acting without benefit of counsel, appeals from the judgment of the district court for the United States against a 1983 Chevrolet Motor Home VIN 2GBJG31MOD4151646. The subject of...

  • Sutton v. United States
    992 F2d 1217
    Carl Sutton, Jr., a federal prisoner represented by counsel, appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. The case has been referr...

  • Taylor v. Burke
    992 F2d 1217
    This pro se Michigan prisoner appeals a district court judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. He has filed a motion for the appointment of co...

  • Davis v. Abramajtys Ec
    992 F2d 1216
    Earnest Davis, a Michigan state prisoner, requests the appointment of counsel on appeal from the dismissal of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. This c...

  • Brandon v. United States
    992 F2d 1216
    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...

  • Harbold v. State Of Indiana
    992 F2d 1216
    Ralph H. Harbold, a pro se Kentucky plaintiff, appeals the district court's order dismissing his civil complaint for want of jurisdiction. The case has been referred to a panel of the court pursuant...

  • United States v. T Commito
    992 F2d 1220
    MEMORANDUM Angelo Commito, a healthcare program broker, was involved in an extensive healthcare program kickback scheme. In December 1985, the FBI began a sting operation against Commito believing ...

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