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  • United States v. Blalock
    996 F2d 1212
    The defendant, Darryl Blalock, appeals his sentence received for convictions on four related drug offenses arising out of a large-scale PCP distribution operation. Specifically, Blalock contends that...

  • United States v. Craig
    996 F2d 1228
    MEMORANDUM "[T]he sixth amendment is violated whenever the accused is denied counsel at a critical stage of his trial." United States v. Bohn, 890 F.2d 1079, 1080 (9th Cir.1989) (quotations omitted...

  • Murphy v. United States
    996 F2d 1216
    Before: NELSON and SUHRHEINRICH, Circuit Judges, and EDMUNDS, District Judge. Kevin Murphy, a pro se federal prisoner, appeals from the district court judgment granting his motion to correct senten...

  • United States v. Carpenter
    996 F2d 1213
    Appeals from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. Robert James Wagner, Craig Stover Cooley, David Preston Baugh, fo...

  • United States v. L Lingenfelter
    997 F2d 632
    Lingenfelter, Marolf, and Morgan appeal from their judgments of conviction following conditional guilty pleas to conspiracy to import approximately 900 kilograms of marijuana in violation of 21 U.S.C....

  • United States v. Ors Inc
    997 F2d 628
    A grand jury indicted ORS, Inc., under § 1 of the Sherman Act for conspiring to allocate territories and customers in the refuse collection business on the Island of Oahu. The district court di...

  • United States v. Vroman
    997 F2d 627
    Norman Vroman appeals the district court's denial of his motion for reconsideration of the court's initial denial of his motion "to modify and terminate" probation. See United States v. Vroman, 795 ...

  • United States v. O Shonubi
    998 F2d 84
    On December 10, 1991 Shonubi returned to the United States from a trip to Lagos, Nigeria. Upon arriving at JFK International Airport in New York he was interviewed by U.S. Customs Inspector Jules Pe...

  • United States v. Cady
    996 F2d 1217
    The defendant, Lynn Cady, a/k/a Lindy Goerndt, has appealed her conviction for the offense of aiding and abetting the unlawful possession with intent to distribute marijuana in violation of 21 U.S.C. ...

  • United States v. L Haymer
    995 F2d 550
    Norman L. Haymer appeals his sentence, contending that his Sixth Amendment right to counsel was violated by the inclusion of an uncounseled misdemeanor conviction in calculating his Sentencing Guideli...

  • Thomas v. Dutrow
    999 F2d 548
    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. Rubio Topete
    999 F2d 1334
    Adalberto Rubio-Topete was convicted of conspiracy to distribute heroin in violation of 21 U.S.C. § 846 and possession of heroin with the intent to distribute in violation of 21 U.S.C. § 841...

  • In The Matter Of Estate Of Medcare Hmo
    998 F2d 436
    The issue in this appeal is whether a health maintenance organization (HMO) is a "domestic insurance company" and thus cannot be a debtor under the Bankruptcy Code pursuant to 11 U.S.C. § 109(b)(...

  • Pension Benefit Guaranty Corporation v. White Consolidated Industries Inc Ct
    998 F2d 1192
    White Consolidated Industries, Inc. ("WCI") sold a group of unprofitable businesses and their associated underfunded pension plans to a newly formed corporation. WCI, however, remained contractuall...

  • United States v. Garcia
    995 F2d 556
    Alejos Garcia was charged with conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846. After a jury trial, he was convicted and sentenced to a term of impriso...

  • United States v. Willis
    996 F2d 1213
    It is true that the magistrate judge's order of continuance did not include the finding and reasons for it as required by § 3161(h)(8)(A) to justify exclusion of the delay occasioned by the order...

  • Haddaway v. J Ellerbusch
    996 F2d 1211
    Appeal from the United States District Court for the District of Maryland, at Baltimore. Joseph H. Young, Senior District Judge. Samuel Louis Israel, WEINBERG & GREEN, for Appellant. Lawrence...

  • Murray v. Estelle
    996 F2d 1226
    Before: SCHROEDER, NORRIS, and BRUNETTI, Circuit Judges MEMORANDUM Roger Murray filed a petition for writ of habeas corpus in federal district court. Murray alleged that his Sixth Amendment right...

  • United States v. Pavloyianis
    996 F2d 1467
    The question on this appeal is whether the discovery after a defendant's trial that a government witness perjured herself bars his retrial on double jeopardy grounds. The issue for us is a subtle on...

  • United States v. R Crowder
    999 F2d 548
    Eric R. Crowder appeals his conviction on three related charges that arose from a drug transaction which occurred in 1986. Following a jury trial, he was convicted of conspiracy to possess cocaine w...

  • Oliva v. Us Department Of Justice
    996 F2d 1475
    In this action brought under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, pro se plaintiff-appellant Vinny Oliva seeks the release of all Federal Bureau of Investigation documents relat...

  • United States v. Rubin
    999 F2d 194
    The United States of America ("government") charged Irving Rubin, Robert Bonczyk, and James Heffernan ("defendants") with one count of criminal antitrust conspiracy under 15 U.S.C. § 1 for fixing...

  • United States v. Alvarez
    996 F2d 1228
    Before: POOLE, BOOCHEVER and FERNANDEZ, Circuit Judges MEMORANDUM Richard Alvarez appeals his convictions for conspiracy, receipt of gifts for procuring loans, 18 U.S.C. § 215(a), and bank fra...

  • Griffin v. City Of Detroit
    996 F2d 1215
    Plaintiff Cedric Griffin appeals from the summary judgment for the defendants, Gregory Everett, a Detroit police officer, and the City of Detroit, Michigan, in this civil rights action filed under 42 ...

  • In Re Antonio L Cordova Gonzalez In Re Antonio L Cordova Gonzalez
    996 F2d 1334
    Antonio Cordova Gonzalez was disbarred by the United States District Court for the District of Puerto Rico. Cordova appealed that decision. This court ordered Cordova to show cause why we should n...

  • Extradition Of Howard United States v. Howard
    996 F2d 1320
    This appeal presents several issues of first impression in extradition law generally and, more specifically, regarding a rather distinctive extradition treaty in force between the United States and th...

  • United States v. M Navedo Colon
    996 F2d 1337
    Jorge M. Navedo Colon appeals from his conviction for unlawfully possessing drugs with intent to distribute them. 21 U.S.C. § 841(a)(1). He argues that the district court should not have permi...

  • United States v. Walters
    997 F2d 1219
    Norby Walters, who represents entertainers, tried to move into the sports business. He signed 58 college football players to contracts while they were still playing. Walters offered cars and money...

  • Parrott v. Aj Arave Imsi
    996 F2d 1226
    Before: WRIGHT, FLETCHER, and CANBY, Circuit Judges MEMORANDUM Idaho prisoner Larry Peter Parrott appeals the district court's denial of his petition under 28 U.S.C. § 2254 for a writ of habea...

  • Hooks v. Diamond Crystal Specialty Foods Inc
    997 F2d 793
    Darnell Hooks appeals the entry of summary judgment on claims of racial discrimination under Title VII of the Civil Rights Act (42 U.S.C. §§ 2000e-2000e-17) and 42 U.S.C. § 1981, fraudu...

  • United States v. Marn
    996 F2d 1229
    MEMORANDUM John Marn appeals his sentence following a guilty plea of conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). Marn argues that the district court erred i...

  • United States v. S Crowell
    996 F2d 1228
    MEMORANDUM Palmer S. Crowell appeals his conviction and sentencing for violations of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A) (1988). He argues the district court erred in denying his moti...

  • Wilson v. K Williams
    997 F2d 348
    In this appeal, we consider whether the district court improperly granted summary judgment in favor of the defendants in this pretrial detainee's civil rights claim. Our jurisdiction is provided by ...

  • Bragg v. Glenn
    996 F2d 1214
    Alfred K. Bragg, a pro se Ohio plaintiff, 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 cou...

  • United States v. M Sloan
    996 F2d 1213
    M. Ismail Sloan 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 discloses that this appeal is wit...

  • United States v. J Ruffin
    997 F2d 343
    A jury convicted Andre Ruffin of armed bank robbery. His acts violated not only 18 U.S.C. § 2113 but also 18 U.S.C. § 924(c). Section 924(c) adds five years to the sentence of anyone con...

  • United States v. Marshall
    996 F2d 1213
    A jury convicted David Marshall of conspiring to distribute five or more kilos of cocaine and possessing with intent to distribute 500 grams of cocaine. On appeal, he raises numerous issues, but his ...

  • Franz v. Lytle
    997 F2d 784
    Richard Lytle, an officer with the Haysville, Kansas Police Department, appeals the denial of his motion for summary judgment based on his qualified immunity from plaintiffs' suit alleging violations ...

  • United States v. Smith Iii
    997 F2d 396
    PER CURIAM, in which JOHN R. GIBSON and WOLLMAN, Circuit Judges, concur. Jollie Rocky Allen Smith, III, appeals the fifty-seven-month prison sentence imposed on him by the district court after he wa...

  • United States v. Brown
    999 F2d 548
    Before TACHA and EBEL, Circuit Judges, and O'CONNOR, District Judge. ORDER AND JUDGMENT EARL E. O'CONNOR, District Judge. After examining the briefs and appellate record, this panel has determine...

  • Lederman Enterprises Inc Rubner Kutner Pc v. Us Trustee
    997 F2d 1321
    Appellant Rubner & Kutner, P.C. (R & K), appeals the district court's affirmation of the bankruptcy court's order granting only a portion of R & K's requested fees. Because the bankrupt...

  • Gifford v. United States
    996 F2d 1215
    This pro se federal prisoner appeals a district court order dismissing two of his motions to vacate, set aside or correct sentence filed under 28 U.S.C. § 2255. He moves for the appointment of ...

  • Johnston v. Champion
    999 F2d 547
    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. J Cottman
    996 F2d 1228
    Before: BROWNING and CANBY, Circuit Judges, and KELLEHER, District Judge. MEMORANDUM Thomas Cottman and Lee Robbins bring this consolidated appeal of their convictions in federal district court fo...

  • Williams v. Price
    999 F2d 548
    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. F Johnson
    996 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. Tannehill
    999 F2d 548
    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 ...

  • Stege v. C Girard B
    999 F2d 548
    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. Winfield A
    997 F2d 1076
    We review the convictions of Luvenia H. Winfield and her son, Roosevelt Winfield, for various crimes involving drugs proceeds. Both Luvenia and Roosevelt argue that the evidence produced at trial wa...

  • Evans v. Shillinger
    999 F2d 547
    Before SEYMOUR and TACHA, Circuit Judges, and ROGERS, Senior District Judge. ORDER AND JUDGMENT RICHARD D. ROGERS, District Judge. After examining the briefs and appellate record, this panel has ...

  • Hinton v. City Of Elwood Kansas
    997 F2d 774
    This case arises out of the arrest of the appellant, Kenneth Hinton, by several Elwood police officers for disorderly conduct. Hinton subsequently filed a claim against the arresting officers, the M...

  • United States v. Harris
    996 F2d 1217
    John Ray Harris, a federal prisoner, appeals pro se from the denial of his motion for relief from judgment in his criminal case. 28 U.S.C. § 2255. This case has been referred to a panel of the...

  • United States v. Helton
    996 F2d 1228
    MEMORANDUM Mark Helton, Sr. appeals his jury conviction for conspiracy, manufacture of methamphetamine, possession with intent to distribute methamphetamine and possession of ephedrine with intent to...

  • United States v. Posin
    996 F2d 1229
    Before: NORRIS and RYMER, Circuit Judges, and TAYLOR, District Judge MEMORANDUM Mitchell Posin, an attorney, appeals the denial of his motion to quash a grand jury subpoena to testify regarding whe...

  • Heublein Inc v. United States
    996 F2d 1455
    In this appeal we are asked to interpret a phrase in a tax provision in the Internal Revenue Code ("I.R.C.") that was never explicitly defined by Congress and has since been repealed. The issue aris...

  • Washington v. James
    996 F2d 1442
    Appellant Will Washington appeals from a judgment entered in the United States District Court for the Western District of New York, Curtin, J., denying his petition for a writ of habeas corpus. Wash...

  • Severino v. Negron A Iii
    996 F2d 1439
    Appellant Victor Severino, a lawful resident alien, was sentenced to a term of two to six years in the custody of the New York Department of Correctional Services (DOCS) after his conviction for a dru...

  • United States v. Cavender
    996 F2d 1228
    MEMORANDUM Appellant Cavender robbed a First Interstate Bank in Phoenix. He was arrested shortly afterward carrying some $2,700 and a .22 caliber pistol. Cavender was found guilty of armed bank r...

  • Kidwell v. Buchanan
    996 F2d 1225
    MEMORANDUM Raymond W. Kidwell, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of the defendants, Yavapai County Jail officials, in his 42 U.S.C. § 1983 ...

  • Friday v. United States
    996 F2d 1224
    MEMROANDUM Dennis Friday, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2241 habeas corpus petition. The district court dismissed the petition because it...

  • Diaz Leon v. United States
    996 F2d 1224
    Before: BROWNING and CANBY, Circuit Judges and KELLEHER, Senior District Judge. MEMORANDUM The United States appeals the district court's judgment granting Mario Alberto Diaz de Leon's motion unde...

  • Haro v. Borg
    996 F2d 1224
    MEMORANDUM Randolph A. Haro, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus relief. Haro alleges that his convict...

  • Troy Dodson Construction Company Inc United Pacific Insurance Co v. McClelland and Mbank Beaumont
    993 F2d 1211
    It is remarkable that in a case with so much money at stake, the lien creditors, trustee and administrative priority creditors created a record full of ambiguities and unclarity at all stages. Never...

  • United States v. Trujillo
    996 F2d 1229
    MEMORANDUM Jose Delacruz Trujillo appeals his pre-United States Sentencing Guidelines sentence imposed following conviction by guilty plea for conspiracy to distribute and aiding and abetting interst...

  • United States v. Barrios
    993 F2d 1522
    Jesus Barrios appeals his sentence after a plea of guilty to one count of money laundering under 18 U.S.C. § 1956(a)(1)(B)(i) and one count of income tax evasion under 26 U.S.C. § 7206(1). ...

  • Chandler v. Koon
    996 F2d 1223
    Before: FLETCHER and T.G. NELSON, Circuit Judges, and WILSON, District Judge. MEMORANDUM Steve Koon, formerly an Associate Warden at the Nevada State Prison, appeals a jury award of compensatory a...

  • Young Young v. National Union Fire Insurance Co Of Pittsburgh Pa
    995 F2d 547
    James S. Young appeals the district court affirmance of the bankruptcy court's ruling that his debt to National Union Fire Insurance Co. of Pittsburgh, Pa. was nondischargeable. National Union cross...

  • Ve Modahl v. Bj Bunnell
    996 F2d 1226
    MEMORANDUM Jeffrey Modahl, 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 the petit...

  • Bentz v. Gh Baldwin
    996 F2d 1223
    MEMORANDUM Travie M. Bentz, an Oregon state prisoner, appeals pro se the district court's dismissal of his petition for writ of habeas corpus. Bentz contends that the evidence proffered by the stat...

  • Maxwell v. City Of Indianapolis
    998 F2d 431
    America's Most Wanted airs on Sunday nights in Indianapolis. Rudell Combs, as well as several other employees of K-Whit Tool Company, tuned in on July 1, 1990. That night the program featured fugi...

  • Grand Jury Proceedings v. United States
    995 F2d 1013
    The Government appeals the district court's order quashing a grand jury subpoena seeking a court reporter's notes of a deposition that the appellee gave as the plaintiff in an earlier civil suit. Th...

  • United States v. R Rhodes
    996 F2d 1218
    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...

  • Scott v. United States
    997 F2d 340
    In 1990 Phillip D. Scott was sentenced to 57 months' imprisonment. He did not appeal. In 1991 he filed a petition under 28 U.S.C. § 2255, contending that the district judge had misapplied the...

  • United States v. B James
    998 F2d 74
    This is an appeal from a judgment of conviction entered on July 2, 1992 after a jury trial in the United States District Court for the Southern District of New York, Sprizzo, J. During the trial the...

  • United States v. Collins
    996 F2d 950
    Lee Lawless, Asst. Federal Public Defender, St. Louis, MO, argued, for appellant. Thomas J. Mehan, Asst. U.S. Atty., St. Louis, MO, argued, for appellee. Before LOKEN and HANSEN, Circuit Judges, a...

  • United States v. S Obryant
    998 F2d 21
    This appeal raises an interesting question: Do charges brought in a superseding indictment relate back to the filing date of the original indictment for limitations purposes? In this case, where th...

  • Mosley v. County Of Clark
    996 F2d 1226
    Before: FAIRCHILD, BEEZER, and WIGGINS, Circuit Judges MEMORANDUM Plaintiff Jerome Mosley filed 42 U.S.C. § 1983 claims against various defendants, including the State of Nevada; Clark County...

  • United States v. R McCray
    996 F2d 1228
    MEMORANDUM George R. "Mike" McCray appeals pro se the district court's denial of his Fed.R.Crim.P. 33 motion for a new trial. McCray was convicted of conspiracy, attempting to interfere with the ad...

  • Grant v. Kaiser B
    999 F2d 547
    Petitioner-appellant John Bernard Grant appeals from an order of the district court granting his petition for habeas relief filed pursuant to 28 U.S.C. § 2254. We affirm. Initially, this cour...

  • United States v. Ohler
    996 F2d 1023
    This case involves a question of first impression regarding the transfer of probation jurisdiction. We conclude that no liberty interest was at stake in the transfer of appellant's probation jurisdi...

  • Harvey v. Virginia Parole Board
    996 F2d 1211
    Gregory Lewis Harvey appeals from the district court's order construing his 42 U.S.C. § 1983 (1988) complaint as a 28 U.S.C. § 2254 (1988) petition and dismissing it for failure to exhaust s...

  • United States v. W McComber
    996 F2d 946
    Gerald W. McComber pleaded guilty to fraud and forgery charges. Adopting the recommendations in McComber's presentence report, the district court assigned him fourteen criminal history points for fi...

  • Eltabech v. X Hopkins
    997 F2d 386
    Mohamed El-Tabech, a Nebraska inmate, appeals the district court's denial of his petition for a writ of habeas corpus. He argues that: (1) he was denied the right to testify in his own behalf at tr...

  • United States v. E Armstrong A
    996 F2d 1228
    MEMORANDUM Darryl E. Armstrong appeals his conviction and 228-month sentence, following a jury trial, for conspiracy to distribute cocaine base in violation of 21 U.S.C. § 846, two counts of dis...

  • Lloyd v. L McGinnis
    996 F2d 1215
    Eddie Joe Lloyd, a pro se Michigan prisoner, appeals a district court order dismissing his civil rights complaint for want of prosecution. The case has been referred to a panel of the court pursuant...

  • United States v. V Coates
    996 F2d 939
    Eldon V. Coates appeals from the ninety-seven month sentence imposed by the district court upon his plea of guilty to kidnapping, in violation of 18 U.S.C. §§ 7, 1152, 1201. We affirm. O...

  • United States v. Miramontez
    995 F2d 56
    Defendant-appellant Eusebio Miramontez, Jr. (Miramontez), proceeding pro se, appeals from the district court's order denying his request for disclosure of grand jury transcripts. Because the distri...

  • Mitchell v. Sheriff Department Lubbock County Texas Mitchell
    995 F2d 60
    Charles Anthony Mitchell seeks leave to appeal in forma pauperis ("IFP") the district court's dismissal of his complaints under 42 U.S.C. § 1983 as frivolous under 28 U.S.C. § 1915(d). In ...

  • Duff Smith v. A Collins
    995 F2d 545
    Petitioner-Appellant Markham Duff-Smith, scheduled to be executed after midnight tonight, Monday, June 28, 1993, has applied to this court for a certificate of probable cause to appeal. Concurrently...

  • Wilson v. D Hannigan
    999 F2d 548
    Craig S. Wilson appeals from the district court's denial of his petition for a writ of habeas corpus. Wilson, appearing both pro se and in forma pauperis, filed his petition pursuant to 28 U.S.C. &#...

  • Million v. D Marshall
    996 F2d 1226
    MEMORANDUM Bwana Million appeals pro se the district court's summary judgment in favor of Warden Charles D. Marshall of the Pelican Bay State Prison (PBSB) and other correctional officials, alleging ...

  • Johnson v. G Swinney
    996 F2d 1225
    MEMORANDUM Timothy H. Johnson, a Nevada state prisoner, appeals pro se the district court's (1) award of nominal damages in the amount of $1.00 following partial summary judgment in favor of Johnson ...

  • Weathers v. Federal Correctional Institute Ashland Kentucky
    996 F2d 1218
    James Weathers, 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. The case has been referred t...

  • Mayer v. Pima County Sheriff Department
    996 F2d 1226
    MEMORANDUM Lawrence J. Mayer appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim. Mayer alleged numerous...

  • United States v. Mora
    994 F2d 1129
    Challenging their convictions for drug-related offenses, defendants-appellants Alfonso Mora (Mora), Jesus Medina (Medina), Ricardo Reyes Lira (Lira), and Juan Torres Sosa (Sosa) raise issues of, inter...

  • Daubert v. Merrell Dow Pharmaceuticals Inc
    509 US 579
    In this case we are called upon to determine the standard for admitting expert scientific testimony in a federal trial. * Petitioners Jason Daubert and Eric Schuller are minor children born with ser...

  • Austin v. United States
    509 US 602
    In this case, we are asked to decide whether the Excessive Fines Clause of the Eighth Amendment applies to forfeitures of property under 21 U.S.C. §§ 881(a)(4) and (a)(7). We hold that it d...

  • Term Auto Sales Inc v. City Of Cleveland E R D J B M A J D D
    996 F2d 1217
    In this interlocutory appeal, individual defendants, several Cleveland, Ohio, police officers, contest the denial of their motion for summary judgment on grounds of qualified immunity in this § 1...

  • United States v. J Dixon
    509 US 688
    1. Because Dixon's drug offense did not include any element not contained in his previous contempt offense, his subsequent prosecution fails the Blockburger test. Dixon's contempt sanction was impose...

  • United States v. L Williams
    996 F2d 1218
    Eddie L. Williams appeals the sentence he received for unlawfully possessing cocaine with intent to distribute, a violation of 21 U.S.C. § 841(a)(1) (West 1989 & Supp.1993). We affirm. On...

  • United States v. Priddy
    996 F2d 1218
    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. Barnes
    998 F2d 7
    These appeals were 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 presen...

  • United States v. Wiley
    997 F2d 378
    Jeffrey Wiley and Curtis Holub appeal their convictions and sentences for distribution of marijuana and other related offenses. We affirm. Wiley owned and operated a motorcycle shop in Marion, Iow...

  • McDermott v. Midland Management Inc
    997 F2d 768
    This case comes before us on appeal of a district court order granting summary judgment to the defendant. The plaintiff in this case was injured when an employee of the defendant, the manager of the...

  • Martinez v. H Gomez
    996 F2d 1226
    MEMORANDUM California state prisoner Alberto Rodriguez Martinez appeals pro se from the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for two counts ...

  • Withrow v. Williams
    507 US 680
    In Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), we held that when a State has given a full and fair chance to litigate a Fourth Amendment claim, federal habeas review is not a...

  • United States v. Avila
    997 F2d 767
    Mr. Avila appeals from the district court's order denying his motion for sentencing range reduction. See 28 U.S.C. § 2255; 18 U.S.C. § 3582(c)(2). We affirm. The Sentencing Guidelines...

  • United States v. Galicia Gonzalez
    997 F2d 602
    Galicia-Gonzalez's first run-in with federal law was when he was convicted for importing aliens for immoral purposes. See 8 U.S.C. § 1328. After he served his sentence, the INS issued Galicia...

  • United States v. Hicks
    997 F2d 594
    We consider sentencing issues raised by the person responsible for launching mortar attacks and planting car bombs designed to damage four government buildings in three California cities between 1987 ...

  • United States v. Vinson
    998 F2d 7
    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...

  • Us Department Of Justice Immigration Naturalization Service v. Federal Labor Relations Authority
    995 F2d 46
    The United States Immigration and Naturalization Service seeks review of the determination by the Federal Labor Relations Authority that it committed an unfair labor practice. The FLRA seeks enforce...

  • United States v. Roberts
    998 F2d 7
    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...

  • Kendall v. Army Board For Correction Of Military Records
    996 F2d 362
    In the District Court, Kendall sought review of his court-martial and subsequent refusal of the Army Board for Correction of Military Records to upgrade his dishonorable discharge or consider his clai...

  • Luck v. Dc Parole Board
    996 F2d 372
    [302 U.S.App.D.C. 107] PER CURIAM: Charles Luck appeals the dismissal of his complaint requesting a declaratory judgment against the Chairman of the District of Columbia Parole Board and the Directo...

  • United States v. Souza
    996 F2d 1229
    MEMORANDUM The parties are familiar with the facts and issues and we will not restate them. The district court's factual findings concerning counsel's advice to Souza, Souza's decision to plead gui...

  • United States v. O Sobamowo
    998 F2d 7
    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. Dowty
    996 F2d 937
    James Dowty appeals from the district court's order denying his 18 U.S.C. § 3582(c)(2) motion for modification of his thirty-month sentence. For reversal, he argues that the 1992 amendment to U...

  • United States v. Ismond
    993 F2d 1498
    The appellants were convicted along with other defendants whose appeals were ruled upon in U.S. v. Clavis, 956 F.2d 1079 (11th Cir.), modified in part on reh'g, 977 F.2d 538 (11th Cir.1992), cert. den...

  • United States v. Copelin
    996 F2d 379
    Warren Ricardo Copelin appeals his conviction on one count of unlawful distribution of cocaine. He argues that the district court erred by permitting the government to cross-examine him concerning h...

  • United States v. Hutchinson
    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 ...

  • Txo Production Corp v. Alliance Resources Corp
    509 US 443
    (a) With respect to the question whether a particular punitive award is so "grossly excessive" as to violate the Due Process Clause, Waters-Pierce Oil Co. v. Texas (No. 1), 212 U.S. 86, 111, 29 S.Ct. ...

  • United States v. Edge Broadcasting Company Ta 94
    509 US 418
    In this case we must decide whether federal statutes that prohibit the broadcast of lottery advertising by a broadcaster licensed to a State that does not allow lotteries, while allowing such broadcas...

  • Porter v. United States
    996 F2d 1219
    Robert Porter, serving a ninety-month federal sentence for drug and weapons crimes, asked the district court to reconsider its rejection of his motion to vacate, set aside, or modify his sentence unde...

  • United States v. D Scott
    993 F2d 1520
    The United States is appealing the district court's order granting Postmaster Robert D. Scott ("Scott") a judgment of acquittal notwithstanding a guilty verdict ("JNOV") on a charge of detaining mail....

  • United States v. Valdez
    998 F2d 7
    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. J Calise
    996 F2d 1019
    William J. Calise was convicted of the knowing possession of an unregistered shotgun with a barrel less than 18 inches in length in violation of 26 U.S.C. § 5861(d); with the knowing transportat...

  • Olsen v. Director Office Of Workers Compensation Programs
    996 F2d 1226
    MEMORANDUM Thomas G. Olsen petitions for review of a final decision and order of the Benefits Review Board, affirming an administrative law judge's denial of Olsen's claim brought under the Longshore...

  • United States v. Rolfe
    997 F2d 189
    Defendant-Appellant, Claude Rolfe, appeals his sentence imposed pursuant to his guilty plea to charges of drug conspiracy, money laundering and related offenses. For the reasons stated below, we AFF...

  • Clay v. United States
    996 F2d 1214
    This pro se federal prisoner appeals a district court judgment denying his motion to vacate, set aside or correct sentence filed under 28 U.S.C. § 2255. The appeal has been referred to a panel ...

  • Rogers v. C Parke
    996 F2d 1217
    Bobby R. Rogers, a pro se Kentucky prisoner, appeals a district court judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. The case has been referred to a ...

  • United States v. D Johnson
    996 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...

  • Lusby v. Floors
    996 F2d 1215
    Lacullia Denise Lusby, a pro se Tennessee resident, appeals a district court judgment dismissing her civil rights action filed under Title VII (42 U.S.C. § 2000e). The case has been referred to...

  • Riley v. Lewis Adoc
    996 F2d 1227
    Before: BROWNING, and CANBY, Circuit Judges, and KELLEHER, District Judge MEMORANDUM The parties are familiar with the facts and issues and we will not restate them here. * We reject Riley's cont...

  • United States v. L Reed
    997 F2d 332
    Robert Reed was convicted of bank robbery, unlawful use of a weapon, and possession of a firearm by a felon in violation of 18 U.S.C. §§ 2113(a), 924(c)(1), and 922(g). Reed appeals his co...

  • Thomas v. United States
    996 F2d 1217
    Lewis Thomas, a pro se Michigan prisoner, appeals a district court judgment denying his motion to vacate sentence filed under 28 U.S.C. § 2255. The case has been referred to a panel of the cour...

  • United States v. Hill
    996 F2d 1228
    Before: PREGERSON, KLEINFELD, Circuit Judges, and INGRAM, Senior District Judge. MEMORANDUM Ernest Jack Hill appeals his sentence imposed after he pled guilty to violating 18 U.S.C. §§ 1...

  • Talley v. Ulep
    996 F2d 1217
    Randolph Muhammad Talley, Jr., a pro se Michigan state prisoner, appeals a summary judgment for defendants in this civil rights action filed under 42 U.S.C. § 1983. This case has been referred ...

  • Boyer v. State Of Maryland
    996 F2d 1210
    Thomas R. Boyer, Jr., appeals from the district court's order denying relief on his claim that his right of access to the courts was infringed upon by the unavailability of his guilty plea transcript....

  • Leacock v. L Henman
    996 F2d 1069
    Petitioner, proceeding pro se, appeals the district court's dismissal of his habeas petition. The district court denied Petitioner leave to proceed in forma pauperis in this court. We have jurisdi...

  • Leucadia Inc v. Applied Extrusion Technologies Inc I
    998 F2d 157
    This case requires us to consider once again the contours of the common law right of public access to judicial records, a right that is well established in this circuit. See, e.g., Republic of the P...

  • St Marys Honor Center v. Hicks
    509 US 502
    We granted certiorari to determine whether, in a suit against an employer alleging intentional racial discrimination in violation of § 703(a)(1) of Title VII of the Civil Rights Act of 1964, 78 S...

  • United States v. Barakett
    994 F2d 1107
    Alfred Barakett appeals convictions on four counts of bank fraud in violation of 18 U.S.C. § 1344, three counts of interstate transportation of forged securities under 18 U.S.C. § 2314, and ...

  • United States v. Cook
    997 F2d 1312
    Defendant Lewis Aaron Cook appeals the district court's denial of his 28 U.S.C. § 2255 motion, raising thirty-one grounds for relief. We have jurisdiction under 28 U.S.C. § 1291. On Dece...

  • United States v. Fagan
    996 F2d 1009
    In these consolidated appeals, Anthony Wayne Fagan challenges his jury conviction and sentence for possession of cocaine base with intent to distribute and distribution of cocaine base within 1000 fee...

  • Assaf v. Montgomery
    996 F2d 1214
    Eskander Assaf, a federal prisoner represented by counsel, appeals a district court judgment denying his motion for a temporary restraining order and petition for a writ of habeas corpus construed to ...

  • Handy v. Price Avcf
    996 F2d 1064
    Lawrence Handy brought this 42 U.S.C. § 1983 action against six employees of the Colorado Department of Corrections and two physicians, primarily alleging Eighth Amendment violations relating to ...

  • United States v. Moore
    996 F2d 1229
    MEMORANDUM A federal grand jury indicted William Clyde Moore ("Moore") for two counts of bank robbery in violation of 18 U.S.C. § 2113(a). Moore subsequently pled guilty to both counts and was...

  • Federal Deposit Insurance Corporation v. Shearson American Express Inc
    996 F2d 493
    In these appeals, two creditors challenge appellee's rights to the assets of the mastermind of a multimillion dollar fraud, each creditor claiming that it has a superior claim to the money. Miguel S...

  • Bowers v. Makowski
    996 F2d 1214
    Ronald G. Bowers, a pro se Michigan state prisoner, appeals a district court judgment denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. He has filed a motion ...

  • Hansen v. Us Parole Commission
    996 F2d 1215
    These cases have been referred to a panel of the court for initial consideration of appellate jurisdiction. A review of the record indicates that the case was dismissed by order filed August 25 and ...

  • Anderson v. United States
    996 F2d 1214
    Richard L. Anderson, a pro se federal prisoner, appeals from the order of the district court denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. Anderson has also filed a ...

  • Galicia v. Postmaster General
    996 F2d 1224
    Before NORRIS, RYMER, Circuit Judges, and TAYLOR, District Judge. MEMORANDUM After she was fired from her job as a probationary employee at the Post Office, plaintiff-appellant Christine Galicia fi...

  • Rodgers v. Michigan Department Of Corrections Medical Department
    996 F2d 1216
    Morris Rodgers, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant 42 U.S.C. § 1983. The cases have been referred to a panel of t...

  • United States Of America v. Johnson
    996 F2d 1213
    William Johnson was charged in a seven count indictment with four counts of inducing false statements to be made to a federally licensed firearms dealer in violation of 18 U.S.C.A.s 924(a)(1)(A) (West...

  • United States v. D Beard
    996 F2d 934
    Jimmie D. Beard appeals from his conviction of making false statements to a financial institution in violation of 18 U.S.C. § 1014 (Supp. III 1991). Beard argues that there was insufficient ev...

  • Shabazz v. L Van Benschoten
    996 F2d 1217
    Abdullah Seifuddin Shabazz is a pro se Michigan prisoner who appeals a district court judgment dismissing his civil rights case filed under 42 U.S.C. § 1983. His appeal has been referred to a p...

  • High Technology Careers v. San Jose Mercury News
    996 F2d 987
    High Technology Careers appeals the district court's summary judgment in favor of the San Jose Mercury News in HTC's antitrust action alleging that Mercury News violated the Sherman Act, 15 U.S.C. &#x...

  • Masoner v. Thurman
    996 F2d 1003
    Masoner, a California state prisoner, appeals from the district court's order denying his petition for a writ of habeas corpus. The district court exercised jurisdiction pursuant to 28 U.S.C. §...

  • United States v. M Rivera
    996 F2d 993
    The defendant in this case, Silvestre Mayorquin Rivera ("Rivera"), entered into a plea agreement in which he pled guilty to four counts of bank robbery in violation of 18 U.S.C. § 2113(a). The ...

  • United States v. Prieto Villa
    996 F2d 1229
    MEMORANDUM Pedro Prieto-Villa ("Prieto") appeals from his conviction, pursuant to a conditional guilty plea, of cocaine possession with intent to distribute in violation of 21 U.S.C. § 841(a)(1)...

  • Buckley v. Fitzsimmons
    509 US 259
    In an action brought under 42 U.S.C. § 1983, petitioner seeks damages from respondent prosecutors for allegedly fabricating evidence during the preliminary investigation of a crime and making fal...

  • United States v. Dunham
    995 F2d 45
    Kenneth Edward Dunham was found guilty by a jury of the offenses of bank robbery by intimidation in violation of 18 U.S.C. §§ 2113(a) and 2. Dunham filed an appeal in which he raised four ...

  • United States v. De La Cruz
    996 F2d 1307
    Efrain De La Cruz, Luis Torres and others were charged in a one-count indictment with conspiracy to possess cocaine with intent to distribute. 21 U.S.C. §§ 841, 846. Torres pleaded guilty...

  • United States v. Tarricone A
    996 F2d 1414
    Scott A. Schumacher, U.S. Dept. of Justice, Washington DC (James A. Bruton, Acting Asst. Atty. Gen., Robert E. Lindsay and Alan Hechtkopf, U.S. Dept. of Justice, Zachary Carter, U.S. Atty., of counsel...

  • Spindle v. B Berrong
    996 F2d 311
    After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See...

  • United States v. Barrows
    996 F2d 12
    Gary Barrows appeals his conviction and sentence for being a felon in possession of a firearm. 18 U.S.C. § 922(g)(1). Barrows was charged in this case following the discovery of a .22 caliber ...

  • Godinez v. Moran
    509 US 389
    This case presents the question whether the competency standard for pleading guilty or waiving the right to counsel is higher than the competency standard for standing trial. We hold that it is not. ...

  • Ward v. P Demosthenes
    996 F2d 1230
    Before NORRIS and RYMER, Circuit Judges, and TAYLOR, District Judge. MEMORANDUM Jason McKinley Ward appeals the district court's denial of his petition for a writ of habeas corpus arising from his ...

  • United States v. Young
    997 F2d 1204
    Mark Young was charged in an indictment with conspiracy to knowingly and intentionally manufacture and distribute marijuana in a quantity in excess of 1,000 plants in violation of 21 U.S.C. § ...

  • United States v. R White
    997 F2d 1213
    Robert R. White was convicted of unlawful possession of a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1). Pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e) ...

  • United States v. Miller
    997 F2d 1010
    Defendants-appellants Melvin Miller and Jay Adolf appeal from judgments of conviction entered April 20, 1992 in the United States District Court for the Eastern District of New York, Raymond J. Dearie...

  • Heller v. Doe Doe
    509 US 312
    In the Commonwealth of Kentucky, involuntary civil commitments of those alleged to be mentally retarded and of those alleged to be mentally ill are governed by separate statutory procedures. Two diff...

  • Cortes Castillo v. Immigration and Naturalization Service
    997 F2d 1199
    The Immigration and Naturalization Service (INS) charged Venancio Cortes-Castillo (Cortes) with deportability in March of 1983, pursuant to section 241(a)(11) of the Immigration and Nationality Act (I...

  • United States v. Johnson
    996 F2d 312
    Defendant appeals her convictions for bank fraud, 18 U.S.C. § 1344, and fraudulent use of a false social security number, 42 U.S.C. § 408(g)(2). Defendant claims that (1) her statutory rig...

  • Lopez Martinez v. Immigration and Naturalization Service
    996 F2d 1225
    MEMORANDUM Petitioner seeks to set aside the INS determination of deportability on the grounds that he is innocent. "The INS may not examine the validity of a conviction for deportation purposes." ...

  • United States v. Vasquez
    995 F2d 40
    Manuel Vasquez was found guilty by a jury of conspiracy to possess with intent to distribute more than five kilograms of cocaine and conspiracy to import more than five kilograms of cocaine. Vasquez...

  • United States v. Glass
    996 F2d 1220
    Armand Moore plotted an escape from his federal prison--not only to obtain his freedom but also to carry out a financial fraud, having enlisted the aid of a collaborator in the Federal Reserve Bank of...

  • United States Of America v. Alvis Iii
    996 F2d 1212
    William Thomas Alvis, III, appeals an order of the district court revoking his supervised release and sentencing him to twenty months in prison. He asserts that the district court erred in failing to...

  • Alltop v. City Of Fort Collins D A W J A
    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 ...

  • Collins v. Us Immigration and Naturalization Service
    996 F2d 1210
    Anthony Peter Collins appeals from the decision of the Board of Immigration Appeals (BIA) denying his request for waiver relief. We affirm. Collins, a citizen of Trinidad, entered the United States...

  • United States v. Ayen
    997 F2d 1150
    Defendant Milo G. Ayen appeals the denial of his pretrial motion to suppress evidence. He entered a conditional plea of guilty to the charge of manufacturing marijuana, in violation of 21 U.S.C. &#x...

  • United States v. Cojab
    996 F2d 1404
    Asbury Park Press, Inc. (Asbury Press or appellant) takes this expedited appeal from a March 25, 1993 order of the United States District Court for the Southern District of New York (Sprizzo, J.) den...

  • United States v. Melendez
    996 F2d 605
    David Olmeda, pro se, appeals from the denial of his motion to correct or reduce his sentence pursuant to Fed.R.Crim.P. 35. Because appellant may have been improperly sentenced to a term of supervis...

  • United States v. Karlic
    997 F2d 564
    This case involves whether a defendant may be held to have knowingly, as opposed to recklessly, created a substantial risk of death or serious bodily injury for purposes of a sentencing enhancement un...

  • United States v. E Benton
    996 F2d 642
    The United States appeals from an order of December 2, 1992, suppressing a statement of the appellee Brian E. Benton from introduction into evidence by the prosecution in his forthcoming trial for pos...

  • Christopher v. Department Of Agriculture
    1 F3d 1253
    James M. Christopher (petitioner) seeks review of the October 30, 1991 decision of the administrative judge (AJ) in Merit Systems Protection Board (MSPB or Board) Docket No. DA07529110606. The AJ's d...

  • United States v. Doe
    996 F2d 606
    John Doe pled guilty pursuant to a written plea agreement to conspiracy to possess with the intent to distribute and to distribute cocaine, see 21 U.S.C. § 846. Doe's crime called for a mandato...

  • People Of The Territory Of Guam v. Miller
    996 F2d 1226
    MEMORANDUM The People of Guam appeal the Guam Appellate Division's reversal of the convictions of Steven Miller and Cheryl Miller for first degree criminal sexual conduct and child abuse. The distr...

  • United States v. Zapata
    997 F2d 751
    The government appeals from an order of the district court suppressing evidence--cocaine--seized pursuant to a search of defendant Jorge Zapata's luggage on a train in Albuquerque, New Mexico, as well...

  • United States v. Brito
    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 ...

  • James v. K Singletary
    995 F2d 187
    This habeas corpus proceeding is back before us following a limited remand to the district court to determine whether the petitioner, Davidson Joel James, was competent to stand trial. The district ...

  • United States v. J Kuzma
    996 F2d 1218
    Appellant, Jerry J. Kuzma, appeals his sentence for conspiracy to commit wire fraud, wire fraud and obtaining property by false pretenses. Upon review, we find that the district court's refusal to d...

  • United States v. Argencourt
    996 F2d 1300
    Defendants Rodney Andreoni and Joseph Argencourt were charged in a two-count indictment alleging their involvement in a cocaine distribution scheme. Both men were convicted on Count 1, which charged...

  • United States v. Harvey
    996 F2d 919
    The Sentencing Guidelines use "tax loss" as the foundation for determining the appropriate sentence for tax evasion and other violations of the revenue laws. The Guidelines define "tax loss" as "28 ...

  • Thomas Slt v. Na Chase Manhattan Bank
    994 F2d 236
    James C. Thomas appeals the summary judgment awarded N.A. Chase Manhattan Bank in his action for fraud, arising from Chase's referral of an investment partner. Addressing only the standing issue for...

  • United States Of America v. Washington
    996 F2d 1213
    George Arthur Washington appeals from the district court's order adopting the magistrate judge's report and recommendation that Washington's 28 U.S.C. § 2255 (1988) motion be dismissed. Because ...

  • Brewer v. Lewis
    997 F2d 550
    Prior Report: 989 F.2d 1021. REINHARDT, Circuit Judge, with whom Circuit Judge PREGERSON joins, dissenting: Once again, this time almost unnoticed, a man has been executed without fair or orderly ...

  • United States Of America v. Meade
    996 F2d 1213
    Gary Dean Meade appeals from his convictions for the possession of a firearm by a convicted felon in violation of 18 U.S.C.A. §§ 922(g)(1), 924(e)(1) (West Supp. 1993) and possession of an u...

  • Association v. Clinton
    997 F2d 898
    This expedited appeal presents the question whether the President's Task Force on National Health Care Reform ("Task Force") and its working group are advisory committees for purposes of the Federal A...

  • Small v. Endicott
    998 F2d 411
    James Lewis Small, Jr. appeals from the district court's summary dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We affirm. * Small currently is serving a ...

  • United States v. Moore E
    996 F2d 1218
    Arthell Moore appeals the 42 month sentence imposed pursuant to his plea of guilty to a charge of conspiracy to manufacture marijuana. Johnny E. Pack appeals the 44 month sentence imposed pursuant t...

  • United States v. E Gaudin
    997 F2d 1267
    This case involves an alleged scheme in which Gaudin purchased houses, then entered into sham sales transactions at inflated appraised prices, obtained loans on the basis of the inflated prices, reacq...

  • United States Of America v. Edwards
    996 F2d 1213
    A jury found Robert Lee Edwards, Jr. ("Edwards"), guilty of one count of possession of an altered obligation of the United States in violation of 18 U.S.C. § 472. The altered obligation consist...

  • United States Of America v. White
    996 F2d 1213
    Thomas Edward White appeals the sentence he received after pleading guilty to one count of escape, 18 U.S.C.A.s 751(a) (West Supp. 1992). He argues that the district court was clearly erroneous in it...

  • United States v. Ricciardelli
    998 F2d 8
    Defendant-appellant Steven Ricciardelli was convicted at a bench trial of violating 18 U.S.C. § 2252(a)(2) (1988), a statute that criminalizes the knowing receipt through the mails of a "visual d...

  • United States America v. L Jennings
    996 F2d 1213
    Steve L. Jennings was convicted by a jury of being a felon in possession of a firearm (18 U.S.C.A. §§ 922(g)(1), 924(a)(2) (West 1976 & Supp. 1993)), and use of a firearm in a drug traff...

  • Shockley v. City Of Newport News E Shockley
    997 F2d 18
    Thirty-two current or former officers in the Newport News, Virginia, Police Department brought this action against the City of Newport News under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §...

  • United States v. Seslar
    996 F2d 1058
    The government appeals a district court order granting the defendants' motions to suppress physical evidence and oral statements as the fruit of an illegal stop of defendants' rental truck. We affir...

  • United States v. Brown
    996 F2d 1049
    The appellant-defendant, Vincent Edward Brown, was charged in a three count indictment with various offenses arising out of the theft of cases of liquor from a J.B. Hunt Transport Truck in McAlester, ...

  • United States America v. Romulus
    996 F2d 1213
    Stanley Lilly Romulus appeals for the second time from his conviction for possession of crack cocaine with the intent to distribute in violation of 21 U.S.C. § 841(a) (1988). Finding no error, w...

  • Contreras Bustamante v. Immigration and Naturalization Service
    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 ...

  • Sack v. Wagoner County Oklahoma
    996 F2d 311
    Appellant David Sack filed a pro se civil rights complaint against defendants-appellees in the Eastern District of Oklahoma. He sought redress for alleged constitutional violations related to his ar...

  • United States v. Draper
    996 F2d 982
    In July 1991, Draper was charged with bank robbery in a one count indictment to which he pleaded guilty. Sentencing was scheduled for November 25. In the meantime, the district court permitted Dra...

  • United States v. Richard
    994 F2d 244
    The government brings this interlocutory appeal of the district court's pretrial order to suppress evidence discovered in two motel rooms. The district court found that customs agents had violated t...

  • Greene v. United States
    996 F2d 973
    The Tulalip Tribes seek to intervene in an action between the Samish Tribe and the Department of Interior regarding federal recognition of the Samish. The Tulalip argue that federal acknowledgment o...

  • United States v. A Booth
    996 F2d 1395
    Defendant Gary A. Booth appeals from a final judgment of the United States District Court for the District of Connecticut, following his plea of guilty before Jose A. Cabranes, Chief Judge, convicting...

  • United States v. Maldonado
    996 F2d 598
    Defendant pro se Erasmo Maldonado, Jr., appeals from a November 30, 1992 judgment of the United States District Court for the Eastern District of New York, John R. Bartels, Judge, convicting him of po...

  • United States v. S Santiago
    993 F2d 504
    Asserting a Brady violation, a sentencing error and ineffective assistance of counsel, Luis S. Santiago appeals pro se the denial of his motion to vacate sentence under 28 U.S.C. § 2255. For th...

  • Landis v. W Bloemers
    996 F2d 1215
    Before GUY and BATCHELDER, Circuit Judges, and MILES, Senior District Judge. Danny Lynn Landis, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights action filed...

  • Sb Guirguis v. Immigration and Naturalization Service
    993 F2d 508
    Respondent, the Immigration and Naturalization Service ("INS"), moves the court to dismiss this petition for review brought by Mouawad Guirguis. Concluding that the petition was untimely filed and t...

  • United States v. Osaghae
    996 F2d 1218
    Uwadiae Precious Osaghae appeals that part of his sentence that requires him to make restitution. Osaghae's counsel has moved to withdraw and has filed a brief pursuant to Rule 12, Rules of the Sixt...

  • United States v. Herring
    993 F2d 784
    The primary issue involved in this appeal is whether or not 18 U.S.C. § 2512(1)(b) of the Wiretap Act applies to the appellants' conduct. Appellants modified an electronic device known as a Vid...

  • National Labor Relations Board v. Nta Graphics Inc
    996 F2d 1216
    This is an unfair labor practice proceeding in which the National Labor Relations Board (NLRB or Board) makes an application for enforcement of its order to the respondent, NTA Graphics (NTA or the Co...

  • Sampson Sampson v. N Sampson
    997 F2d 717
    Debtor and Defendant in the instant proceeding Ira N. Sampson appeals from a district court order 142 B.R. 957, affirming a bankruptcy court order which denied discharge of a debt to his former wife, ...

  • Middleton v. P Murphy
    996 F2d 1219
    Douglas A. Middleton, a Wisconsin inmate, brought this petition under 28 U.S.C. § 2254 to challenge his 1984 convictions for first degree murder, armed robbery and arson. In the petition, Middl...

  • Alford v. W Huffman
    996 F2d 1223
    MEMORANDUM Paul Alford petitions this court for a writ of habeas corpus. He contends that 1) the district court erred in holding that the bulk of his claims were procedurally barred, 2) statements ...

  • United States v. F Boula D
    997 F2d 263
    Kenneth Boula and Earl Dean Gordon pled guilty to three counts of mail fraud. 18 U.S.C. § 1341. Pursuant to the United States Sentencing Guidelines ("U.S.S.G." or "Guidelines"), the district c...

  • Securities and Exchange Commission v. F Quinn
    997 F2d 287
    France imprisoned Thomas F. Quinn in 1988 for an international securities fraud. Other nations are waiting for their turn to heap penalties on the scoundrel. Switzerland is next in line. The Secur...

  • Stutzman v. Crst Incorporated
    997 F2d 291
    This diversity action stems from an automobile accident in Indiana between Lamar Stutzman, an Indiana resident, and Ferman Brown, a driver for CRST, Inc. The Stutzmans filed a complaint in Indiana s...

  • Taylor v. Rowland D
    996 F2d 1227
    MEMORANDUM California state prisoner Delton L. Taylor appeals pro se the district court's summary judgment in favor of prison officials in Taylor's 42 U.S.C. § 1983 action, alleging his civil ri...

  • Martin v. Warden Atlanta Pen Us
    993 F2d 824
    This appeal requires us to determine whether an American citizen accused of committing a crime in another nation has a due process right under the United States Constitution to a "speedy extradition."...

  • Matney v. Lynn Coal Company
    995 F2d 1063
    Marshall J. Breger, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Patricia M. Nece, Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C. , for Respondent D...

  • United States v. E Adudu
    993 F2d 821
    A grand jury indicted Stephen E. Adudu on various counts of assaulting a Secret Service agent, possession and use of unauthorized credit cards, and fraudulent use of a Social Security card. The Gove...

  • Word v. United States
    996 F2d 1218
    Jerry Lee Word, a pro se federal prisoner, appeals a district court judgment dismissing his fourth motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. The case has been referred to a ...

  • United States v. L Chandler
    996 F2d 917
    A jury found William Chandler guilty of possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1), use of a firearm during a drug trafficking offense in violation of...

  • United States v. Rockman
    993 F2d 811
    In this Sentencing Guidelines case, we hold that where a court withholds adjudication of guilt after a nolo contendere plea, the plea does not constitute a "prior sentence" under section 4Al.2(a)(1) o...

  • United States v. Harmon
    996 F2d 256
    Defendant Roy Spencer Harmon appeals his conviction for using or carrying a firearm during and in relation to the commission of a drug trafficking crime, 18 U.S.C. § 924(c)(1), claiming that a ju...

  • United States v. Patrick
    995 F2d 1064
    Anthony Patrick pled guilty to assault during a bank robbery, 18 U.S.C.A. §§ 2113(d), (f) (West 1984 & Supp. 1992), 2 (West 1969), (Count Three), and bank robbery, 18 U.S.C.A. § 211...

  • United States v. Newton
    995 F2d 1064
    Ronnie Newton appeals from a district court judgment and order sentencing him to 107 months imprisonment based on his convictions for assaulting and conspiring to assault a federal officer, 18 U.S.C. ...

  • United States America v. Brown
    995 F2d 1064
    David Nathaniel Brown appeals from his jury conviction of possession with intent to distribute cocaine base in violation of 21 U.S.C.A. § 841(a) (West 1981) and his sentence of 192 months impriso...

  • Lamb v. Herz
    995 F2d 1063
    Todd William Lamb appeals from the district court's order dismissing without prejudice his complaint filed under 42 U.S.C. § 1983 (1988), for failure to exhaust state court remedies. Our review ...

  • United States v. Barrera Barron
    996 F2d 244
    Jesus Enrique Barrera-Barron ["Barrera"], the defendant-appellant, appeals from the district court's refusal to grant him a downward departure under the United States Sentencing Guidelines. Because ...

  • Purrington v. University Of Utah N L M
    996 F2d 1025
    In September, 1985, Beverly T. Purrington (Purrington) was hired by the University of Utah as the Program Coordinator at the Women's Resource Center (WRC), at which time Shauna Adix (Adix) served as t...

  • Gates v. Unified School District No Of Leavenworth County Kansas E
    996 F2d 1035
    Plaintiff Gina L. Gates (Gates or Plaintiff) appeals the district court's grant of summary judgment in favor of defendants, Unified School District No. 449 of Leavenworth County, Kansas (School Distri...

  • Stegall v. Little Johnson Associates Ltd
    996 F2d 1043
    Plaintiffs sued Defendants for breach of contract and fraud concerning a real estate transaction. Following a bench trial, the district court entered judgment in favor of Defendants and dismissed th...

  • Mack v. Stainer
    996 F2d 1225
    MEMORANDUM Anthony E. Mack, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. Mack pled guilty to fourteen cou...

  • Brown v. Burns Nncc
    996 F2d 219
    John Brown appeals the district court's denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2254, challenging his state conviction for driving under the influence of intoxicating liqu...

  • Sale v. Haitian Centers Council Inc
    509 US 155
    The President has directed the Coast Guard to intercept vessels illegally transporting passengers from Haiti to the United States and to return those passengers to Haiti without first determining whet...

  • United States v. Jones
    996 F2d 1218
    Defendant Mark Lance Jones appeals his jury conviction for attempted possession, with intent to distribute, of more than 500 grams of cocaine, in violation of 21 U.S.C. § 846. On appeal, Jones ...

  • United States v. M Peleo
    996 F2d 1218
    Andrea M. Peleo appeals her conviction and sentence for mail fraud. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this pan...

  • Helling v. McKinney
    509 US 25
    This case requires us to decide whether the health risk posed by involuntary exposure of a prison inmate to environmental tobacco smoke (ETS) can form the basis of a claim for relief under the Eighth ...

  • Gafford v. General Electric Company
    997 F2d 150
    Plaintiff-Appellant Carol L. Kirchner Gafford appeals the unfavorable disposition of her sex discrimination suit on a veritable plethora of multifarious grounds. We find no merit in Gafford's conten...

  • Reno v. Catholic Social Services Inc
    509 US 43
    This petition joins two separate suits, each challenging a different regulation issued by the Immigration and Naturalization Service in administering the alien legalization program created by Title II...

  • Magallon Cervantes v. United States Immigration and Naturalization Service
    996 F2d 1225
    Manuel Magallon-Cervantes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") decision affirming the immigration judge's ("IJ") denial of Magallon-Cervan...

  • United States v. Crowell
    997 F2d 146
    Defendant Michael Crowell appeals his conviction by guilty plea and sentence for possession with intent to distribute and distribution of cocaine, and for conspiracy. He challenges the district cour...

  • United States v. Boyd
    996 F2d 1220
    A jury found Lillian Boyd guilty of three counts of defrauding the AM Community Credit Union of Kenosha, Wisconsin, in violation of 18 U.S.C. §§ 2, 1344 and 1346, as a result of her particip...

  • United States v. Dyer
    9 F3d 1
    In this criminal appeal, defendant-appellant Stephen Dyer challenges his sentence. He makes three claims. 1. Dyer contends that the career offender guidelines, U.S.S.G. Secs. 4B1.1, 4B1.2, impermi...

  • Fitch v. G Borg
    996 F2d 1224
    MEMORANDUM Fitch appeals the denial of a writ of habeas corpus. He claims that his prison sentence violated his rights to due process and equal protection because: (1) he should have been placed w...

  • United States v. D Jones
    996 F2d 1220
    A jury found Tamara Jones guilty of forging endorsement on Treasury checks, in violation of 18 U.S.C. § 510(a)(2), and obstructing correspondence, in violation of 18 U.S.C. § 1702. Jones a...

  • United States v. T Verduzco
    996 F2d 1220
    Jose T. Verduzco and his brother Juan Raul Verduzco were indicted for possessing cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). They filed a motion to suppress evidenc...

  • Harper v. Virginia Department Of Taxation
    509 US 86
    In Davis v. Michigan Dept. of Treasury, 489 U.S. 803, 109 S.Ct. 1500, 103 L.Ed.2d 891 (1989), we held that a State violates the constitutional doctrine of intergovernmental tax immunity when it taxes ...

  • Smith v. Dallman
    996 F2d 1217
    Before NELSON and SUHRHEINRICH, Circuit Judges, and EDMUNDS, District Judge. Keith J. Smith, a pro se Ohio prisoner, moves for the appointment of counsel on appeal from a district court judgment den...

  • Ortiz Salazar v. United States Immigration and Naturalization Service
    996 F2d 1226
    MEMORANDUM Ortiz-Salazar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") summary dismissal of his appeal for failure to adequately specify the groun...

  • United States v. Sanders
    994 F2d 200
    Defendant-Appellant Robert Earl Sanders appeals his conviction as a felon in possession of a firearm, alleging that the district court improperly denied his motion to suppress evidence seized followin...

  • United States Of America v. Diamond
    995 F2d 1064
    Alice Jones Diamond entered a guilty plea to one count of possession of cocaine with intent to distribute in violation of 21 U.S.C.A. § 841 (West 1981 & Supp. 1992), and received a sentence o...

  • United States v. Felix
    996 F2d 203
    Helen Felix and Valerie Heron were indicted and tried before a jury for their respective roles in the mob beating of Robert Black Feather. The jury acquitted Heron and found Felix guilty of assault ...

  • Alves v. United States Parole Commission
    995 F2d 1062
    Patricia Alves, a federal prisoner, filed a 28 U.S.C. § 2241 (1988) motion challenging the United States Parole Commission's decision to deny her parole until she served fifty-two months of her s...

  • Bell v. Midwest City Police Department
    996 F2d 310
    In this pro se appeal, the appellant, Joe T. Bell, challenges the district court's order dismissing his § 1983 complaint against the appellees, Midwest City Police Department, Midwest City Police...

  • United States v. Clark
    996 F2d 1228
    MEMORANDUM David Richard Clark appeals his conviction, following a jury trial, for two counts of armed bank robbery in violation of 18 U.S.C. §§ 2113(a), (d). Clark contends that the dist...

  • Owen v. Southwest Airlines
    996 F2d 311
    The plaintiff-appellant, Jane Owen, sued Southwest Airlines for injuries she allegedly sustained when another passenger on a Southwest flight opened an overhead storage bin and permitted a briefcase t...

  • Smith v. R Cody
    996 F2d 311
    After examining Petitioner's brief 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. 3...

  • United States v. Russell
    996 F2d 312
    This is a pro se appeal from the district court's denial of petitioner's request for habeas relief pursuant to 28 U.S.C. § 2255. In 1989, the petitioner was convicted on one count of bank fraud...

  • United States v. Alt
    996 F2d 827
    In this criminal appeal, defendants William Alt and Karen Alt challenge their convictions for conspiracy to evade both personal and corporate taxes of William Alt, in violation of 18 U.S.C. § 371...

  • Kollsman Division Of Sequa Corporation v. D Cohen Cubic Corporation
    996 F2d 702
    Kollsman, a division of Sequa Corporation, appeals the order of the district court requiring it to pay the fees and expenses of an attorney/guardian ad litem appointed by the district court to act on ...

  • United States v. J Sittman
    996 F2d 1229
    MEMORANDUM Dennis J. Sittman appeals his conviction and 210-month sentence, following a jury trial, for being a felon in possession of a firearm and receiving and possessing an unregistered firearm i...

  • United States v. Springborn
    996 F2d 1229
    MEMORANDUM Robert Young Springborn appeals his 87-month sentence following conviction upon entry of a guilty plea to two counts of bank robbery in violation of 18 U.S.C. § 2113(a). Pursuant to...

  • United States v. Spriggs
    996 F2d 320
    In November 1991, Terrance Kevin Spriggs was convicted of four counts of distribution of heroin in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), and of one count of conspiracy to dis...

  • Edison Electric Institute v. Us Environmental Protection Agency
    996 F2d 326
    Three national electric utility associations and seventy-three individual power companies petition for review of the Environmental Protection Agency's interpretation of section 3004(j) of the Resource...

  • United States v. Dunbar
    996 F2d 1228
    MEMORANDUM Lisa Marie Dunbar appeals her sentence imposed following her guilty plea to manufacturing methamphetamine in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C....

  • United States v. American Heart Research Foundation Inc
    996 F2d 7
    In this case, involving the underpayment of postage based on misrepresentations, the district court ruled that the False Claims Act, 31 U.S.C. § 3729, did not (prior to its amendment in 1986) app...

  • King v. W Fairman
    997 F2d 259
    Robert King was sent to the Pontiac Correctional Center in 1981 after being convicted of murder and armed robbery. He continued his longtime affiliation with the Black Gangster Disciples, acting as ...

  • United States v. Towne
    997 F2d 537
    We confront the metaphysical question, what is a search warrant? In more prosaic terms, we must decide whether a search warrant may be comprised of pieces of paper that are not physically attached t...

  • United States v. Ashraf
    996 F2d 1228
    MEMORANDUM Appellant Haji Mohammed Ashraf appeals his conviction for possession of heroin with intent to distribute under 21 U.S.C. § 841(a)(1), and conspiracy to import and importation of heroi...

  • Kendrick v. Carlson
    995 F2d 1440
    Frank Michael Kendrick appeals from the order of the District Court adopting the report and recommendation of a magistrate judge and denying Kendrick's 28 U.S.C. § 2241 (1988) petition seeking cr...

  • James v. Shiplevy
    996 F2d 1215
    Before GUY and BATCHELDER, Circuit Judges, and MILES, Senior District Judge. Charles James, a pro se Ohio state prisoner, appeals a district court order denying his petition for a writ of habeas cor...

  • Medved v. United States
    996 F2d 1215
    John E. Medved appeals a district court order denying his motion to vacate filed pursuant to 28 U.S.C. § 2255. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of...

  • United States v. Rodriguez
    996 F2d 1229
    MEMORANDUM Jose Maria Rodriguez appeals his jury conviction and sentence under the Sentencing Guidelines for importation of marijuana and possession with intent to distribute marijuana in violation o...

  • United States Of America v. Jackson
    995 F2d 1064
    Doris Jackson was convicted by a jury of possession of heroin with intent to distribute, 21 U.S.C.A. § 841 (West 1981 & Supp. 1992). She appeals her conviction and sentence, contending that ...

  • United States Of America v. Steadman
    995 F2d 1065
    Arthur Steadman, Jr., appeals his conviction and sentence for possession with intent to distribute and distribution of cocaine base in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(C) (1988). ...

  • United States Of America v. Hill
    995 F2d 1064
    Julius William Hill appeals his sentence, after a guilty plea, on two counts of violating 18 U.S.C.A. § 924(c) (West Supp. 1992). Pursuant to the language of § 924(c), he received a five-ye...

  • Cytacki v. Immigration and Naturalization Service
    996 F2d 1214
    This is an appeal from the Board of Immigration Appeals decision denying Tomasz Cytacki's request for asylum. We find that there is substantial evidence to support the Board's decision and therefore...

  • Vanderbilt v. A Collins
    994 F2d 189
    The State of Texas appeals the grant of a writ of habeas corpus vacating the death sentence imposed on Jim Vanderbilt and barring the reimposition of a death sentence at any subsequent sentencing proc...

  • United States v. Soleiman
    996 F2d 1229
    MEMORANDUM Emil Michael Soleiman appeals his 48-month sentence imposed under the Sentencing Guidelines following entry of a guilty plea to use of a communication facility in the distribution of cocai...

  • United States v. Restrepo
    994 F2d 173
    Scott M. Anderson, Dallas, TX, for Restrepo. Judith L. White, Frank Jackson, Dallas, TX, for Naranjo. Mervyn Hamburg, Atty., U.S. Dept. of Justice, Crim.Div., Bob Wortham, U.S. Atty., Tyler, TX, f...

  • United States v. A Pelozzie
    996 F2d 1229
    Mark A. Pelozzie appeals his conviction, following a jury trial, for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Pelozzie contends that the district court er...

  • United States v. Joseph
    996 F2d 1228
    MEMORANDUM Appellant challenges the district court's denial of her motion under former Fed.R.Crim.P. 35 to reduce her sentence, fine, and restitution, and also challenges the legality of these sancti...

  • United States v. Acevedo Ramirez
    996 F2d 1228
    MEMORANDUM Juan Acevedo-Ramirez appeals his 12-month sentence imposed under the United States Sentencing Guidelines following a guilty plea to conspiracy and transferring false identification documen...

  • United States v. Garcia Pena
    996 F2d 1228
    MEMORANDUM Pablo Garcia-Pena appeals his conviction following entry of a guilty plea to distributing heroin in violation of 21 U.S.C. § 841(a)(1) and carrying a firearm in relation to a drug tra...

  • United States v. Marsanico
    996 F2d 1229
    MEMORANDUM Appellant challenges the district court's imposition of a two level enhancement for use of a special skill pursuant to U.S.S.G. § 3B1.3 and its denial of a two level reduction for acc...

  • United States v. Depew
    996 F2d 1228
    MEMORANDUM Dana Depew appeals his sentence imposed after a guilty plea to one count of possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Depew arg...

  • United States v. Warren
    996 F2d 1229
    MEMORANDUM Donise Warren appeals her 18-month sentence under the United States Sentencing Guidelines following her guilty plea to production of counterfeit access devices in violation of 18 U.S.C. &#...

  • United States v. Irc
    996 F2d 1228
    I.R.C., a juvenile, appeals his 24-month term of official detention imposed following his admission of juvenile delinquency in violation of 18 U.S.C. § 5032, in that he transported illegal aliens...

  • United States v. McDaniel
    996 F2d 1218
    Following his conviction for armed bank robbery, defendant, Wallace McDaniel, escaped from custody. After being at large for 18 months, he was recaptured. McDaniel was subsequently charged with es...

  • Dolfi v. Bogan
    996 F2d 1214
    James E. Dolfi, a pro se federal prisoner, appeals from a judgment of the district court denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. This case has been ...

  • Fraige v. American National Watermattress Corporation
    996 F2d 295
    Richard Fraige and Vinyl Products Manufacturing, Inc. (Vinyl Products) appeal the October 1, 1990 Order of the United States District Court for the Central District of California denying Vinyl Produc...

  • United States v. Daddato
    996 F2d 903
    This appeal presents a question on which there are no reported cases: whether a judge may impose a condition in the nature of restitution on a sentence of supervised release, even if the Victim and W...

  • United States v. A Oseni A K
    996 F2d 186
    The three appellants were convicted of federal drug offenses and sentenced to long prison terms. The details of the offenses are not important, so we skip them. The only meritorious issue involves...

  • United States v. Lodos
    996 F2d 1213
    Carlos Lodos appeals from his convictions for conspiracy to distribute, possession with the intent to distribute cocaine, and use of a telephone to facilitate a felony. See 21 U.S.C.A. § 846 (W...

  • United States v. Connelly
    996 F2d 1217
    Defendant, James E. Connelly, appeals his conviction for armed bank robbery, use of a firearm during and in relation to a crime of violence, and possession of ammunition by a felon. The single issue...

  • Reich 92 3297 v. Occupational Safety and Health Review Commission Erie Coke Corporation 92 3313
    998 F2d 134
    In this proceeding seeking review of an order by the Occupational Safety and Health Review Commission, we determine that a cross-petition filed in this Court more than sixty days after the date of the...

  • United States v. Innamorati
    996 F2d 456
    In this case ten individuals challenge, on a wide variety of grounds, their convictions and sentences following a jury trial in the district court. All ten defendants were found guilty of conspiring ...

  • United States v. Wagner T A
    996 F2d 906
    In this direct criminal appeal, John Lewis Wagner ("John"), Michael T. Wagner ("Michael") and Scott A. Sine ("Sine") challenge the validity of their guilty pleas and sentences for conspiracy to distri...

  • United States v. D Ford
    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. P Johnson
    997 F2d 248
    David P. Johnson pled guilty to a charge of conspiracy to distribute marijuana in violation of 21 U.S.C. § 846, and the district court, departing downward from the Sentencing Guidelines, sentence...

  • Taylor v. Michigan Department Of Corrections
    996 F2d 1217
    Conie Taylor, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights action filed pursuant to 42 U.S.C. § 1983. The case has been referred to a panel of the c...

  • United States v. Herrera
    996 F2d 1220
    A jury convicted Ernesto Herrera on three counts of an indictment stemming from his involvement in a drug-dealing outfit. Based on his finding that Herrera was involved in dealing between thirty and...

  • United States Of America v. Starkes
    995 F2d 1065
    William Edward Starkes was convicted by a jury of possessing an unregistered firearm (a sawed-off shotgun) in violation of 26 U.S.C.A. § 5861(d) (West 1989) and 18 U.S.C.s 2 (1988). He appeals h...

  • Bunker v. Sauser
    996 F2d 1223
    MEMORANDUM Bunker was convicted of first-degree robbery in Alaska state court. After appeals and an application for post-conviction relief in the state court system, Bunker petitioned the federal d...

  • United States v. Salemo
    996 F2d 1229
    MEMORANDUM George Paul Salemo appeals the district court's denial of his motion for reconsideration of a clarification order entered against him. However, we do not have jurisdiction because the cl...

  • Roads v. United States
    996 F2d 1227
    MEMORANDUM George James Roads is currently serving an 88 month sentence after pleading guilty to 21 U.S.C. § 841(a)(1)--possession with intent to distribute methamphetamine. He moved to modify...

  • Smith v. Arkansas Department Of Correction
    995 F2d 869
    Carl Wayne Smith, an African-American, appeals the district court's judgment for the Arkansas Department of Correction (ADC) in this employment discrimination suit. We affirm. ADC discharged Smith...

  • United States v. Head
    996 F2d 1228
    MEMORANDUM Appellant Wayne Head appeals his conviction and subsequent sentence for providing false statements to the Small Business Administration (SBA), in violation of 18 U.S.C. § 1001, and fr...

  • Bufford v. Rowan Companies Inc
    994 F2d 155
    Billy Bufford and his wife Cheryl appeal an adverse judgment on jury verdict and the denial of their post-judgment motion in their suit for damages for injuries allegedly sustained by Billy Bufford in...

  • United States v. E Cook
    996 F2d 1228
    MEMORANDUM Appellant Stephen E. Cook pleaded guilty to the sale of wildlife unlawfully taken, possessed, transported or sold in violation of the Lacey Act, 16 U.S.C. 3372(a) and 3373(d)(1)(B). The ...

  • United States v. Toscano Padilla
    996 F2d 1229
    MEMORANDUM Appellant Javier Toscano-Padilla appeals his conviction for conspiracy and aiding and abetting the distribution of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Tosc...

  • United States v. Wynn
    996 F2d 1220
    A jury convicted Terrius Wynn of conspiring to possess with the intent to distribute over five kilograms of cocaine. The judge sentenced him to 240 months' imprisonment. This sentence reflected th...

  • United States v. L Voda
    994 F2d 149
    Defendant-appellant, Ronald Voda, Sr. (Voda), was sentenced to a term of 5 years' probation and a $3,000 fine, payable $60 a month, on his conviction, pursuant to his guilty plea, of one count of neg...

  • United States v. Perez Castillo
    996 F2d 1229
    MEMORANDUM Raymond Perez-Castillo appeals his twenty-five-year sentence for distribution of cocaine and conspiracy to distribute cocaine under 21 U.S.C. §§ 841(a) and 846. Perez argues th...

  • United States v. A Doucet
    994 F2d 169
    A jury found Kermit Doucet guilty of one count of possession of an unregistered firearm modified to fire as a machine gun in violation of 26 U.S.C. §§ 5841, 5861(d), and 5871. Doucet appea...

  • United States v. McEachran
    996 F2d 1228
    MEMORANDUM Kenneth Allen McEachran appeals his conviction for unarmed bank robbery. We affirm. On May 21, 1991, Kevin McEachran attempted to rob a bank. He told the teller: "Don't mess with me...

  • United States v. Hoskie
    996 F2d 1228
    MEMORANDUM In February 1992, Larry Hoskie was convicted after a jury trial of aggravated sexual abuse in violation of 18 U.S.C. § 2241(c) and abusive sexual contact in violation of 18 U.S.C. &#x...

  • United States v. Tippett
    996 F2d 312
    Defendant David Wayne Tippett appeals the district court's denial of his motion to suppress evidence. Mr. Tippett entered a conditional guilty plea to maintaining a place for the cultivation of mari...

  • Banks v. Secretary Of Indiana Family and Social Services Administration
    997 F2d 231
    The plaintiffs, appellants in this appeal, sued the Secretary of the United States Department of Health and Human Services and the Secretary of the Indiana Family and Social Services Administration in...

  • Resolution Trust Corporation v. J Eitmann
    995 F2d 541
    Defendant John J. Eitmann, Jr. appeals an adverse summary judgment in Security Homestead Association's suit to assess a deficiency judgment against him and to enforce that judgment against property wh...

  • United States v. Rourke
    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 these appeals. See Fed.R.App.P. 34(a); 10t...

  • United States v. Manning
    996 F2d 1229
    MEMORANDUM Appellant Andre Manning timely appeals from his sentence following a jury conviction for possession with intent to distribute and distribution of phencyclidine ("PCP") in violation of 21 U...

  • Pride v. Does
    997 F2d 712
    Shawn C. Pride appeals the district court order granting summary judgment for the defendants on his claim for violation of his civil rights under 42 U.S.C. § 1983. We exercise jurisdiction unde...

  • United States v. Seavoy M
    995 F2d 1414
    Robert and Ronald Seavoy were each indicted on one count of aggravated bank robbery in violation of 18 U.S.C. §§ 2 and 2113(a), (d). Ronald Seavoy was indicted on a second count for use of...

  • United States v. C Rangel
    996 F2d 1229
    Appellant Baudelio Carrillo Rangel appeals from his conviction of conspiracy to distribute cocaine in violation of 21 U.S.C. § 841(a)(1), possession of cocaine with intent to distribute in violat...

  • Abate v. Southern Pacific Transportation Company
    993 F2d 107
    Seven railroad employees instituted this action alleging their employer violated their constitutional rights guaranteed by the fourth amendment by the manner in which the employer implemented its mand...

  • United States v. Trefren
    996 F2d 1229
    Finally, Trefren claims that he should have been allowed extra time to file a direct appeal. For the reasons stated in the district court's order, that contention is without merit. See United Stat...

  • United States v. Eng Eng
    997 F2d 987
    Defendant-appellant Shu Yan Eng appeals from a judgment of conviction entered in the United States District Court for the Eastern District of New York (Glasser, J.). Eng was convicted, after a jury ...

  • United States v. A Manuel
    996 F2d 1229
    MEMORANDUM John A. Manuel appeals his sentence under the Sentencing Guidelines following his guilty plea conviction for assault resulting in serious bodily injury in violation of 18 U.S.C. § 113...

  • Epperly v. El Booker
    997 F2d 1
    In 1980, Stephen M. Epperly was convicted by a Virginia jury of the first-degree murder of Gina Hall. He received a life sentence. Neither Hall's body nor a weapon was ever found; there were no e...

  • United States v. Joseph
    996 F2d 36
    These appeals cause us to consider the circumstances in which Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), requires prosecutors to search their files for exculpatory informat...

  • United States v. Kuneki
    996 F2d 1228
    MEMORANDUM Gerald Dion Kuneki appeals his jury conviction for voluntary manslaughter in violation of 18 U.S.C. § 1112. We have jurisdiction over the timely appeal pursuant to 28 U.S.C. § ...

  • United States v. Moore
    995 F2d 1061
    Vetter G. Moore appeals pro se from his conviction and sentence. We affirm. Appellant was arrested by Boston Police officers on September 15, 1991, for the unlawful possession of a handgun with an ...

  • Spaulding v. T Smith
    996 F2d 1217
    Before GUY and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge. Marcellus Spaulding is a pro se Kentucky prisoner who appeals a district court judgment dismissing his habeas corpus p...

  • United States v. Lawton
    995 F2d 290
    Through its jury instructions the district court impermissibly expanded the indictment. As a result the jury could have convicted the defendant for conduct not charged in the indictment and, in one ...

  • Scott v. Trig Inc
    996 F2d 1217
    Andre Scott, a pro se litigant, appeals from a district court grant of summary judgment in favor of defendant on Scott's employment discrimination complaint filed pursuant to Title VII of the Civil Ri...

  • United States v. Billingsley
    996 F2d 1217
    Ronnie Edgar Billingsley appeals his judgment of conviction entered on his plea of guilty to conspiracy to distribute and possess with intent to distribute cocaine, for which he received a sentence of...

  • Harris v. Jl Sivley
    996 F2d 1224
    MEMORANDUM The appellant challenges the denial of parole by the Parole Commission (Commission) and the National Appeals Board (NAB) claiming that the reasons given for the denial were not sufficientl...

  • Jones v. Jd White
    992 F2d 1548
    In this consolidated appeal from denials of habeas corpus relief, we examine constitutional challenges to the Alabama Habitual Felony Offender Act (HFOA), which subjects a convicted felony defendant t...

  • United States v. Durham L
    995 F2d 936
    Richard Louis Durham appeals his sentence for possession with intent to distribute methamphetamine, 21 U.S.C. § 841(a)(1), and possession of a firearm in relation to a drug trafficking offense, 1...

  • United States v. Martin
    996 F2d 1218
    Before GUY and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge. Ricardo Martin, a pro se federal prisoner, appeals a district court order denying his motion for bail pending review o...

  • United States v. L Barton
    995 F2d 931
    Roy L. Barton appeals from the judgment of conviction and the sentence imposed following the entry of his conditional guilty plea to manufacturing marijuana, in violation of 21 U.S.C. § 841(a)(1)...

  • United States v. C Pelfrey
    996 F2d 1218
    This is a criminal case that has been here before. The main issue presented in the first appeal was whether the sentencing court had adequately explained the extent of its upward departure from the ...

  • Kelley v. Price Macemon Inc
    992 F2d 1408
    After the tragic death of her husband in an ice-plant accident, Cynthia A. Kelley brought this products liability action against Industrial Refrigerated Systems, Inc., and other parties involved in th...

  • Duckworth v. H Ford C
    995 F2d 858
    John H. Ford appeals from an order entered in the United States District Court for the Western District of Missouri, denying his motion for summary judgment based on qualified immunity. Duckworth v. ...

  • Giraldo v. United States
    996 F2d 1215
    Norberto Giraldo, a pro se federal prisoner, appeals a district court order denying his motion to vacate, set aside, or correct sentence filed under 28 U.S.C. § 2255. The case has been referred...

  • United States v. Turner
    996 F2d 1229
    MEMORANDUM Appellant Curtis James Turner timely appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Appellant maintai...

  • Miller v. Borgert
    996 F2d 1216
    Lamont J. Miller, a Michigan state prisoner, appeals pro se from the judgment for defendants following a jury trial in this civil rights action filed under 42 U.S.C. § 1983. This case has been ...

  • Rodger v. Oi White Fci F Us
    996 F2d 1216
    Gary Rodger, a pro se federal prisoner, appeals a district court order denying his Rule 60(b) motion for relief from judgment and several other miscellaneous motions filed in support thereof. The ca...

  • Seymour v. Money
    996 F2d 1217
    Beverly Seymour, a pro se Ohio prisoner, appeals a district court judgment dismissing her petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The case has been referred to ...

  • United States v. Durr
    996 F2d 1217
    Before GUY and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge. Genovis Dewayne Durr, a pro se federal prisoner, appeals a district court order denying his motion for reduction of se...

  • Roy v. T Smith
    996 F2d 1217
    Larry H. Roy appeals 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 of the court pursuant to Rule 9(a), Rules of ...

  • Cianciola v. United States
    996 F2d 1214
    Before GUY and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge. Frank Joseph Cianciola, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate, set...

  • Scales v. Boone
    996 F2d 311
    ORDER AND JUDGMENT BARRETT, Senior District Judge. After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the dete...

  • United States v. Alaga
    995 F2d 380
    Olusegun Alaga appeals from his conviction for narcotics trafficking by a jury and from a sentence imposed by Judge Wexler. We hold that Alaga is not entitled to an adjustment of his base offense le...

  • United States v. Harris
    995 F2d 532
    The sole issue presented is whether the district court erred in excluding the proffered testimony of the defendant's expert witness concerning psychological limitations on eyewitness identification. ...

  • Kinslow v. H Thomas Us
    996 F2d 311
    This matter is before the court on petitioner Jimmy Neal Kinslow's motion for leave to proceed on appeal without payment of costs or fees. In order to succeed on his motion, plaintiff must show both...

  • United States v. Penunuri Valenzuela
    996 F2d 1229
    MEMORANDUM Ofelia Penunuri-Valenzuela appeals her conviction following a jury trial for importation of and possession with intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a)...

  • Desouza v. United States
    995 F2d 323
    In March 1992, Barbara Desouza pled guilty to attempt and conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. At sentencing on August 11, 1992, she received a two-level reduction ...

  • Cortis v. Kenney
    995 F2d 838
    Steven A. Cortis appeals from the district court's order denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We affirm. The state of Nebraska charged Cortis with possessi...

  • United States v. Sanchez
    995 F2d 468
    In this appeal from a judgment in a criminal case, defendant Lino Sanchez challenges the district court's application of § 2J1.6(b)(2)(A) of the United States Sentencing Guidelines, which require...

  • Agbosasa v. A Cooper
    995 F2d 1061
    This is a pro se appeal from a district court order dismissing appellant's legal malpractice suit for lack of subject matter jurisdiction and failure to state a federal claim. We affirm. Appellant-...

  • United States v. Lyles Ii
    995 F2d 1064
    Hildred Manuel Lyles, II, appeals from the judgment entered pursuant to his guilty pleas to four counts of bank robbery with a dangerous weapon, 18 U.S.C.A. § 2113(d) (West 1984 & Supp. 1992)...

  • United States v. T Moore
    995 F2d 1064
    Gary T. Moore, a federal prisoner, appeals from orders of the district court denying relief under 28 U.S.C. § 2255 (1988). For the reasons stated more fully below, we affirm. Moore, a federal ...

  • Banff Ltd v. Colberts Inc
    996 F2d 33
    Dennis Grossman, Eileen King, New York City (Grossman & King), for plaintiff-appellant-cross-appellee. Glen S. Feinberg, Nina Cangiano, New York City (Wilson Elser Moskowitz Edelman & Dicker...

  • United States v. Lambert
    995 F2d 1006
    Defendant Robert Joseph Lambert appeals his conviction and sentence for bank robbery in violation of 18 U.S.C. § 2113(a) and 18 U.S.C. § 2. He contends that the court improperly admitted c...

  • Conwell v. United States
    995 F2d 1066
    Before: GUY and SUHRHEINRICH, Circuit Judges, and DOWD, District Judge. Helen Conwell, a pro se federal prisoner, appeals a district court order denying her motion to retroactively reduce her sente...

  • McKee v. C Nix
    995 F2d 833
    Dennis McKee, serving a life sentence without parole for sexual abuse in the first degree, appeals from the district court's denial of his habeas corpus petition filed pursuant to 28 U.S.C. § 225...

  • United States v. D Zack
    995 F2d 1068
    Before: GUY and SUHRHEINRICH, Circuit Judges, and DOWD, District Judge. This pro se federal prisoner appeals a district court order denying his motion for a new trial filed under Fed.R.Crim.P. 33. ...

  • United States v. Cantero
    995 F2d 1407
    On July 30, 1991, Salvador Arteaga-Bernal and Alejandro Cantero pled guilty to violating 21 U.S.C. § 846 for conspiring to knowingly and intentionally possess with intent to distribute approximat...

  • United States v. F Moored
    997 F2d 139
    Julie Ann Woods, Asst. U.S. Atty. (argued and briefed), Grand Rapids, MI, for plaintiff-appellee. David A. Dodge (argued and briefed), Grand Rapids, MI, for defendant-appellant. Before: KENNEDY ...

  • United States v. Mami
    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 ...

  • Hotel Restaurant Employees Union Local v. Jp Morgan Hotel
    996 F2d 561
    Local 217 and the J.P. Morgan Hotel signed a three-page "Memorandum of Agreement" on June 28, 1990. In it the parties contracted that Local 217 could solicit support from a designated bargaining uni...

  • Gomez v. A Collins
    993 F2d 96
    Juan A. Gomez, pro se. Andrea L. March, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for respondent-appellee. Appeal from the United States District Court for the Southern District of Te...

  • United States v. L Davis
    996 F2d 1228
    MEMORANDUM Ernest L. Davis, a federal prisoner, appeals pro se the district court's denial of his coram nobis petition to correct an illegal sentence pursuant to 28 U.S.C. § 1651. Davis conten...

  • United States v. Del Muro
    996 F2d 1228
    MEMORANDUM Raul Torres-Garcia (Torres) appeals a jury conviction for falsely representing to the Immigration and Naturalization Service (INS) that he was a United States citizen in violation of 18 U....

  • United States v. Rodriguez
    993 F2d 1170
    On January 25, 1991, agents of the New Orleans Police Department, Jefferson Parish Sheriff's Office and the Federal Bureau of Investigation were involved in an investigation of a suspected drug dealer...

  • Groover v. County Of San Diego Sheriffs Department
    996 F2d 1224
    MEMORANDUM Paul Steven Groover appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action pursuant to Fed.R.Civ.P. 12(b)(6). Groover contends that the district court erred by...

  • United States v. Matsey
    996 F2d 1229
    MEMORANDUM Mark Matsey, a Nevada state prisoner, appeals pro se the district court's denial in part of his 28 U.S.C. § 2255 motion to vacate, set aside or correct his term of imprisonment follow...

  • Concrete Pipe and Products Of California Inc v. Construction Laborers Pension Trust For Southern Cali
    508 US 602
    Respondent Construction Laborers Pension Trust for Southern California (the Plan) is a multiemployer pension trust fund established under a Trust Agreement executed in 1962. Petitioner Concrete Pipe ...

  • Noble v. W Crist
    996 F2d 1226
    MEMORANDUM Andrew Milo Noble, an Arizona state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for child molestation and kidnappi...

  • United States v. B Jamison
    996 F2d 698
    The United States appeals the district court's application of the United States Sentencing Guidelines (U.S.S.G.). Defendant-Appellee Tommy Jamison was convicted of making a false declaration under o...

  • Lewis v. Aj Arave
    996 F2d 1225
    MEMORANDUM George Frank Lewis, an Idaho state prisoner, appeals pro se the district court's summary judgment dismissing his 42 U.S.C. § 1983 action challenging Warden Arave's refusal to allow Le...

  • Woods v. Indiana University Purdue University At Indianapolis
    996 F2d 880
    The principal function of procedural rules should be to serve as useful guides to help, not hinder, persons who have a legal right to bring their problems before the courts. Consistent with its hist...

  • Brewer v. Bj Bunnell
    996 F2d 1223
    MEMORANDUM Jan Oliver Brewer, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for one count of first de...

  • South Dakota v. Bourland
    508 US 679
    In this case we consider whether the Cheyenne River Sioux Tribe may regulate hunting and fishing by non-Indians on lands and overlying waters located within the Tribe's reservation but acquired by the...

  • United States v. L Garcia
    996 F2d 1220
    A jury convicted Jose Garcia of conspiring to knowingly and intentionally distribute in excess of 100 kilograms of marijuana in violation of 21 U.S.C. § 846. Garcia appealed, and this court aff...

  • Burgess v. Bank Of Credit and Commerce International
    996 F2d 1223
    MEMORANDUM John A. Burgess, an attorney, Virginia Burgess, his wife, and Peter S. Burgess, their minor son, appeal the district court's dismissal, pursuant to 28 U.S.C. § 1915(d), of their RICO ...

  • Brown v. G Borg
    996 F2d 1223
    MEMORANDUM Earl Brown, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. Brown was convicted of five counts of forcible rape with...

  • United States v. Woodward
    996 F2d 312
    ORDER AND JUDGMENT BRORBY, District Judge. After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assista...

  • Moses v. J Odea Iii
    995 F2d 1067
    Before: JONES and NELSON, Circuit Judges, and FRIEDMAN, District Judge. William Isom Moses, a pro se Kentucky prisoner, appeals a district court judgment dismissing his petition for a writ of habea...

  • United States v. C Wilson
    993 F2d 214
    Appellant William C. Wilson ("Wilson") appeals the district court's imposition of sentence under the United States Sentencing Guidelines ("U.S.S.G." or "guidelines") following his plea of guilty to on...

  • Caldwell v. United States E M
    995 F2d 230
    MEMORANDUM Lawrence Daniel Caldwell is a federal prisoner who appeals pro se from the judgment of the district court dismissing his civil action. We remand to the district court because we cannot d...

  • Fann v. Buick Motor Company A Division Of General Motors Corporation
    995 F2d 1066
    This rather unusual civil rights case arises out of the recovery by General Motors Corporation's Buick Division of certain test cars that were found to have been stolen from it by a GM employee. The...

  • United States v. Muschik
    995 F2d 234
    MEMORANDUM Muschik appeals his convictions for escape from federal custody, 18 U.S.C. § 751, and conspiracy to distribute LSD, 21 U.S.C. §§ 841(a)(1) and 846 and his 20-year mandatory ...

  • United States Of America v. Earl Dale McGhee
    995 F2d 234
    MEMORANDUM Earl Dale McGhee appeals his jury conviction for armed bank robbery. He pled guilty to bank robbery in violation of 18 U.S.C. § 2113(a), but went to trial on the question of whether...

  • Church Of Lukumi Babalu Aye Inc v. City Of Hialeah
    508 US 520
    The principle that government may not enact laws that suppress religious belief or practice is so well understood that few violations are recorded in our opinions. Cf. McDaniel v. Paty, 435 U.S. 618,...

  • United States v. Lalor
    996 F2d 1578
    John Lalor was arrested on January 30, 1990, following execution of a search warrant at his residence. He was charged with possession with intent to distribute cocaine, 21 U.S.C. § 841(a)(1), a...

  • Naidich v. The Mitre Corporation and M
    995 F2d 1061
    The appellant, Herbert H. Naidich, has appealed the denial of his "motion to reopen" a district court order dismissing his lawsuit for failure to prosecute and failure to attend a court session. In t...

  • United States v. Sharpe
    996 F2d 125
    Attorney Sherman Sharpe appeals his multiple-count conviction under 18 U.S.C. § 645. We affirm the district court's July 28, 1992 judgment for the following reasons. Defendant-appellant Sherm...

  • Black v. Oleary
    996 F2d 1219
    Muriel Douglas Black is an inmate at the Stateville Correctional Center serving a sentence of 30 to 100 years for armed robbery. He filed a petition for a writ of habeas corpus pursuant to 28 U.S.C....

  • Massac v. Immigration and Naturalization Service
    995 F2d 1067
    Before: JONES and NELSON, Circuit Judges, and FRIEDMAN, District Judge. Josette Guirand Massac, a federal prisoner, moves for in forma pauperis status and appeals from an order of the Board of Immi...

  • Moses v. United States
    995 F2d 1067
    Before: JONES and NELSON, Circuit Judges, and FRIEDMAN, District Judge. * William Isom Moses, a pro se Kentucky prisoner subject to a Federal parole violation detainer, appeals a district court orde...

  • Martinez v. Central New Mexico Correctional Facility
    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. Sanchez
    995 F2d 1068
    Before: GUY and SUHRHEINRICH, Circuit Judges, and DOWD, District Judge. Israel Sanchez, a federal prisoner, appeals his judgment of conviction entered upon his guilty plea to one count of distribut...

  • United States v. W Long
    996 F2d 1220
    Before COFFEY and RIPPLE, Circuit Judges, and PAUL H. RONEY, Senior Circuit Judge. The sole issue in the appeal from this bank fraud and false bank record entry conviction is whether the district co...

  • United States v. J Birr
    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. M Lampone
    996 F2d 1220
    Stephanie Lampone pleaded guilty to a cocaine offense. The district court calculated her base offense level at 18, reducing it by two levels for acceptance of responsibility. The resulting offense...

  • United States v. E Ortiz Arrigoitia
    996 F2d 436
    Samuel I. Burstyn, Miami, FL, argued and briefed, for defendant-appellant Ortiz-Cameron. Jose R. Franco Rivera, Old San Juan, PR, argued, for defendant-appellant Ortiz-Arrigoitia and was on joint br...

  • Gilbertson v. Texas Board Of Pardons and Paroles
    993 F2d 74
    Appellant, a Texas prison inmate, sued for injunctive relief and damages claiming that after he was advised of his tentative parole date, he was notified that he had lost that date and no reason was g...

  • Confeccoes Texteis De Vouzela Lda v. Riggs National Bank Of Washington Dc
    994 F2d 851
    Two Portuguese corporations, Confeccoes Texteis de Vouzela, Lda. ("CTV") and its subsidiary, Montezela-Metalomecanica e Fundicao, Lda., claim that Riggs National Bank of Washington owed them a duty o...

  • United States v. Turner
    995 F2d 1357
    Defendant-Appellant, Mark Turner, has appealed from his conviction for destruction of a building by fire and for causing personal injury in violation of 18 U.S.C. § 844(i). After a jury trial, ...

  • United States v. Thedford
    995 F2d 235
    Before: BRUNETTI, LEAVY, and TROTT, Circuit Judges MEMORANDUM Deanna Shawn Thedford was convicted by guilty plea of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 84...

  • In Re James R Holloway
    995 F2d 1080
    On October 8, 1991, in the course of a six-defendant drug trial (United States v. Rascoe ), District Judge Norma Holloway Johnson entered an oral order holding one of the defense counsel, James R. Hol...

  • United States v. Bryan
    995 F2d 1068
    Before: RYAN, Circuit Judge; KRUPANSKY, Senior Circuit Judge, and JOINER, Senior District Judge. Defendant appeals a district court order denying his request for reduction of sentence, construed a...

  • United States v. McClennon
    1 F3d 1250
    After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See Fed.R.App.P. 34(f); 10th ...

  • United States v. Blackwell
    996 F2d 1220
    Randy Blackwell contends that the district court violated Rule 11 of the Federal Rules of Criminal Procedure when it accepted his guilty plea. This court finds adequate compliance with Rule 11 and h...

  • United States v. Ramirez Ruiz
    995 F2d 234
    MEMORANDUM Jesus Antonio Ramirez-Ruiz appeals his conviction of bail jumping in violation of 18 U.S.C. § 3146(a)(1). His challenge is twofold: (1) the evidence was insufficient to support his...

  • Russ v. Perrill
    995 F2d 1001
    The parties have agreed that this case may be submitted for decision on the briefs. See Fed.R.App.P. 34(f); 10th Cir.R. 34.1.2. The case is therefore ordered submitted without oral argument. Pe...

  • United States v. Private Sanitation Industry Association Of Nassausuffolk Inc
    995 F2d 375
    Salvatore Avellino, Jr. appeals from Judge Glasser's order granting the government's motion for partial summary judgment against him for controlling Long Island's carting industry in violation of the ...

  • Ramos v. Southern Maryland Electric Cooperative Incorporated
    996 F2d 52
    Walter and Jamie Ramos ("Plaintiffs") brought this action individually and as the personal representative of their deceased brother, Julio Ramos, seeking damages for injuries suffered when the mast of...

  • Getty Terminals Corp v. Coastal Oil New England Inc
    995 F2d 372
    Coastal Oil New England, Inc., a Massachusetts corporation, appeals from Judge Martin's award after a bench trial of $434,960 plus interest to Getty Terminals Corp., a New York corporation, for taxes ...

  • Dow v. Circuit Court Of First Circuit K Huddy
    995 F2d 922
    Dow appeals the denial of a writ of habeas corpus, 779 F.Supp. 139. The district court found that it lacked jurisdiction to entertain this petition, holding that mandatory class attendance does not ...

  • Bunker v. Jabe J
    995 F2d 1066
    Petitioner, David A. Bunker, in this action seeking a writ of habeas corpus, challenges the constitutionality of his 1967 state conviction for murder. In examining the conviction of petitioner's cod...

  • United States v. Rodriguez
    995 F2d 776
    Rodriguez was charged by a Grand Jury in a two-count indictment for conspiring to distribute cocaine in violation of 21 U.S.C. § 846 and for possession with intent to distribute cocaine in violat...

  • Duncan v. L Bush F L
    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 ...

  • Buco v. United States
    995 F2d 1061
    On this appeal from the denial of a motion under 28 U.S.C. § 2255 filed by petitioner Frank Buco, the government has conceded that an error, unnoticed by anyone, was made in the calculation of th...

  • United States v. Harris
    995 F2d 1004
    Michael J. Norton, U.S. Atty., Daniel J. Cassidy, and John M. Hutchins, Asst. U.S. Attys., Mountain States Drug Task Force, Denver, CO, for plaintiff-appellee. Michael G. Katz, Federal Public Defend...

  • United States v. Jurado
    996 F2d 312
    Mr. Jurado appeals from his conviction on conspiracy to distribute more than 500 grams of cocaine and possession with intent to distribute less than 500 grams of cocaine. 21 U.S.C. §§ 846, ...

  • Sneed v. Donahue
    995 F2d 1067
    Before JONES and NELSON, Circuit Judges, and FRIEDMAN, District Judge. Mitchell Sneed is a pro se Kentucky prisoner who appeals a district court judgment dismissing his habeas corpus petition filed ...

  • Rhodes v. Littlefield
    995 F2d 1067
    Before: RYAN, Circuit Judge, KRUPANSKY, Senior Circuit Judge, and JOINER, District Judge. William E. Rhodes, Jr., an Ohio state prisoner, appeals pro se from a district court judgment denying his p...

  • Ward v. Szylagyi L
    995 F2d 1068
    Before: GUY and SUHRHEINRICH, Circuit Judges; and DOWD, District Judge. Michael Charles Ward, a frequent litigator with this court, appeals a district court judgment dismissing his civil rights ac...

  • United States v. Tidwell
    995 F2d 1068
    Defendant Janie Tidwell appeals from her sentence after a guilty plea and conviction for assisting a federal offender to avoid prosecution, in violation of 18 U.S.C. § 3. She raises the follow...

  • United States v. Markley
    995 F2d 1068
    Defendant Thomas Markley appeals the sentence he received following his plea of guilty to one count of conspiracy to possess marijuana with intent to distribute. He argues that the district court cl...

  • United States v. Gutierrez
    995 F2d 169
    Jimmy John Gutierrez appeals his conviction, following a jury trial, for possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). Gutierrez argues that the evidence was insuffi...

  • Walton v. City Of Southfield
    995 F2d 1331
    In this case, the City of Southfield and several officers of the Southfield Police Department appeal the district court's finding that they are not entitled to summary judgment as to several claims br...

  • Parnisi v. Attorney General Of District Of Columbia Wdc
    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. Nadi
    996 F2d 548
    Barry E. Schulman and Michael A. O'Connor (Schulman & Laifer, Brooklyn, NY), for defendants-appellants. Christopher P. Reynolds and Nelson W. Cunningham (Roger S. Hayes, U.S. Atty. for the S.D. ...

  • United States v. Hoslett
    998 F2d 648
    This case involves the Speedy Trial Act. As in all such cases, the pretrial history is somewhat complicated. In early 1990, FBI special agent John Kuhn was assigned to investigate a spree of bank ...

  • United States v. Taren Palma
    997 F2d 525
    Ruben Taren-Palma appeals his conviction and sentence for conspiracy to possess with the intent to distribute cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(A)(ii). Ism...

  • United States v. Agoro
    996 F2d 1288
    On February 1, 1991, Babatunde Kareem Agoro was scheduled to appear for sentencing in federal district court following his earlier guilty plea to one count of credit card fraud, in violation of 18 U.S...

  • Buckley v. Illinois Judicial Inquiry Board L Young
    997 F2d 224
    Buckley's case was consolidated with a separate but similar case brought by Anthony Young, a member of the Illinois legislature who in 1992 was elected to the Circuit Court of Cook County. Young cla...

  • Hebestreit v. Brown
    995 F2d 1067
    Before: JONES and NELSON, Circuit Judges, and FRIEDMAN, District Judge. This pro se Michigan prisoner appeals a district court order dismissing his complaint filed under 42 U.S.C. § 1983 as fr...

  • United States v. Friedman
    998 F2d 53
    This appeal by Charles Lachterman and Joseph DiSomma involves questions regarding the applicability of U.S.S.G. § 2X1.1 to Hobbs Act convictions, a sentencing court's degree of discretion in appl...

  • United States v. Landers
    995 F2d 1064
    Norman Eugene Landers appeals from his conviction and sentence on drug and weapons charges. Landers's counsel has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), raising ...

  • United States v. Boyce
    995 F2d 1064
    William Marcel Boyce appeals from his conviction and sentence for drug trafficking and firearm crimes. Because we find no reversible error in the proceedings below, we affirm. Boyce was convicted o...

  • Mixon v. Farmers Insurance Company Of Idaho
    995 F2d 232
    MEMORANDUM Jerry and Marilyn Mixon ("Mixons") appeal the summary judgment granted in favor of Farmers Insurance Co. ("Farmers"), which was certified for appeal under Fed.R.Civ.P. 54(b). Specifical...

  • United States v. Diggs
    995 F2d 1064
    Tammie Daschell Diggs appeals from her jury convictions of conspiracy to possess with intent to distribute crack cocaine (21 U.S.C. § 846 (1988)); possession with intent to distribute crack coca...

  • Trandes Corporation v. Guy F Atkinson Company
    996 F2d 655
    The Trandes Corporation brought this diversity suit against the Guy F. Atkinson Company (Atkinson) and the Washington Metropolitan Area Transit Authority (WMATA). Trandes alleged that WMATA improper...

  • United States v. Daniels
    995 F2d 233
    Before: CANBY and NORRIS, Circuit Judges, and TANNER District Judge. MEMORANDUM Harvey Daniels appeals his sentence following jury convictions on counts of conspiring to sell stolen bonds, in viol...

  • Gonzalez v. Immigration and Naturalization Service
    996 F2d 804
    Before: JONES and GUY, Circuit Judges; and COHN, District Judge. COHN, District Judge. This is an immigration appeal. Petitioner, Carmen Miranda de Gonzalez (Gonzalez), proceeding in forma pau...

  • Blanco v. United States
    995 F2d 1061
    The appellant, Alfonso Blanco, pleaded guilty in 1989 to three counts of possessing cocaine with intent to distribute. The government had also charged Blanco with two counts of attempted distribution...

  • Fedoryk v. B Dudley
    995 F2d 1062
    Ronald Fedoryk challenges the district court's order denying his request for habeas relief from a Maryland state court conviction for Driving Under the Influence (DUI). On appeal, Fedoryk presents th...

  • United States v. Bonilla
    995 F2d 233
    MEMORANDUM Bonilla's "substantial rights" were not affected by the erroneous information he received at the plea hearing because the sentence he received was less than the maximum of which he was adv...

  • Lilly v. Overnite Transportation Company
    995 F2d 521
    Raoul Eddie Lilly appeals from the district court's summary judgment order in favor of Overnite Transportation Company on Lilly's claims against it for wrongful discharge and breach of contract. We ...

  • United States v. P Santopietro E R J A L R A
    996 F2d 17
    Joseph J. Santopietro became the mayor of Waterbury, Connecticut, in November 1985. His victory was due in part to a feud between factions of the city's Democratic party, which had been in power for...

  • Knutson v. Wisconsin Air National Guard D
    995 F2d 765
    Reid Knutson was assigned to the Wisconsin Air National Guard ("WIANG") on October 16, 1983. In August of 1989, after serving various active and reserve guard ("AGR") tours, Colonel Knutson received...

  • United States v. S Carter
    999 F2d 182
    Oliver S. Carter was convicted of distributing approximately one-quarter ounce of cocaine in violation of 21 U.S.C. § 841(a)(1). The district court sentenced Carter to eighty months imprisonmen...

  • United States v. Hofer
    995 F2d 746
    A jury convicted Phillip Hofer of conspiring to distribute lysergic acid diethylamide (LSD). See 21 U.S.C. §§ 841 and 846 (1988). At sentencing, the district court determined that Mr. Ho...

  • United States v. Terry Eagle Coal Company
    995 F2d 1065
    Terry Eagle Coal Company (the "Company") appeals the district court's imposition of a $1,000,000 fine for violating the Mine Safety and Health Act of 1977 (the "Act"), 30 U.S.C.s 801-962, and aiding a...

  • United States v. Elwood
    993 F2d 1146
    William Barnes, Jr., Gerald Elwood, and Ernest Marrero appeal their convictions for various drug trafficking offenses. We affirm the convictions of Marrero and Barnes and, as detailed herein, remand...

  • Portman v. County Of Santa Clara
    995 F2d 898
    We consider, among other things, whether a public defender has standing to challenge the constitutionality of a state statutory scheme that makes him an at-will employee on the ground that the scheme ...

  • United States v. Borders
    992 F2d 563
    Arkie Borders was one of several individuals implicated by an investigation of an operation involving distribution of marijuana and cocaine between 1985 and February 1990. He was present during nego...

  • United States v. Wheeler
    995 F2d 1065
    Jamal Wheeler pled guilty to violating 21 U.S.C.s 846 (1988), conspiring to distribute a cocaine base in violation of 21 U.S.C. § 841(a)(1) (1988). Wheeler's attorney has filed a brief in accord...

  • United States v. Otobo
    995 F2d 1068
    Defendant, Chidi Chris Samuel Otobo, was indicted in the United States District Court for the Eastern District of Michigan, Southern Division, on four counts, viz., 1) violation of 21 U.S.C. §&#x...

  • United States v. Narvaez
    995 F2d 759
    Appellants Gil Narvaez and Viki Crump-Smith appeal from judgments entered on pleas of guilty in the Northern District of Illinois, James H. Alesia, District Judge, convicting them of participating in ...

  • United States v. Hayes
    994 F2d 714
    We must decide whether being a felon in possession of a sawed-off shotgun and possessing an unregistered sawed-off shotgun are crimes of violence for purposes of the Career Offender provisions of the ...

  • United States v. A Benjamin
    995 F2d 756
    Bruce Benjamin is a convicted felon who was caught driving drunk with guns visible in the back seat of his car. He asks us to overturn his conviction for possessing firearms as a felon in violation ...

  • Vukadinovich v. Zentz
    995 F2d 750
    Appellant Brian Vukadinovich appeals from a judgment entered on a jury verdict in the Northern District of Indiana, James T. Moody, District Judge, finding in favor of appellees, City of Valparaiso, a...

  • Hattie v. Parker
    995 F2d 1066
    In this petition for a writ of habeas corpus brought under 28 U.S.C. § 2254, petitioner Terrence W. Hattie challenges his Ohio convictions for felonious assault and aggravated robbery, and the me...

  • United States v. Gerant
    995 F2d 505
    John Gerald Gerant ("Appellant") was convicted after a jury trial of one count of Conspiracy to Distribute and to Possess with Intent to Distribute Cocaine and Marijuana, in violation of 21 U.S.C. &#x...

  • United States v. Shackley
    995 F2d 166
    Robert Shackley appeals the sentence imposed following his conviction of violating 26 U.S.C. § 5861(d) for possession of an unregistered, sawed-off shotgun. The sentence was enhanced by the dis...

  • United States v. R Green
    995 F2d 233
    MEMORANDUM The jury wasn't required to believe Green's innocent explanation for her conduct; the government put on "evidence that would allow a rational jury to conclude beyond a reasonable doubt th...

  • United States v. Hayes
    995 F2d 234
    MEMORANDUM Hayes appeals his conviction and sentence for being a felon in possession of a firearm, 18 U.S.C. § 922(g), and possession of an unregistered sawed-off shotgun, 26 U.S.C. § 5861(...

  • Conner v. St Lukes Hospital Incorporated
    996 F2d 651
    Gail Conner brought this diversity-based medical malpractice action against St. Luke's Hospital, Inc. ("St. Luke's" or the hospital) for damages she suffered after St. Luke's allegedly withheld an x-...

  • Rybicki v. Immigration and Naturalization Service
    996 F2d 1219
    Jerzy Rybicki is a native of Poland who was active in the Solidarity movement during the early 1980s. As a result of his Solidarity activities, Rybicki was interrogated by police a number of times, ...

  • United States v. Bauer
    995 F2d 182
    Mr. Bauer appeals a district court order sentencing him to 121 months imprisonment and three years supervised release. Bauer was tried by a jury and convicted on two counts of using interstate comme...

  • United States v. Robles
    995 F2d 234
    MEMORANDUM A. We find no outrageous government conduct here. The government didn't coerce Robles; Robles seemed unafraid enough to make violent threats against the agents and others. SER 43, 53,...

  • White v. McKinna A
    996 F2d 312
    The parties have agreed that this case may be submitted for decision on the briefs. See Fed.R.App.P. 34(f); 10th Cir.R. 34.1.2. The case is therefore ordered submitted without oral argument. Th...

  • United States v. Amiel
    995 F2d 367
    In 1986, the United States began investigating Leon Amiel; his wife, Hilda Amiel; his daughters, Kathryn and Joanne Amiel; and his granddaughter, Sarina Amiel, for possible dealings in counterfeit ...

  • Lloyd v. State Of Maryland
    993 F2d 1537
    Winston Lloyd seeks to appeal 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...

  • United States v. Blackburn
    995 F2d 1068
    This is an appeal from a conviction and sentence for aiding and abetting the commission of a bank robbery. The defendant contends that his conviction is invalid because of an abuse of discretion all...

  • United States v. Woods
    995 F2d 894
    Wendell Woods appeals the district court's order revoking his conditional release pursuant to 18 U.S.C. § 4246(f). The district court had jurisdiction under 18 U.S.C. §§ 3231, 4246(f)...

  • United States v. Austin
    995 F2d 1067
    Craig Austin appeals his conviction of violating 18 U.S.C. § 924(c)(1), which prohibits the use of a firearm during a drug-trafficking offense. The statute provides a mandatory five-year senten...

  • Santiago Martinez v. United States
    993 F2d 1530
    Appellant Luis Guillermo Santiago-Martinez was convicted, after a jury trial, of possession with intent to distribute cocaine and conspiracy to distribute cocaine. He was sentenced to 97 months impri...

  • Hatfield v. Keesee
    995 F2d 1066
    This is an interlocutory appeal from an order denying a motion in which the defendant, a county sheriff, sought summary judgment on qualified immunity grounds. The defendant had discharged the plain...

  • Deutsche Shell Tanker Gesellschaft v. Placid Refining Company
    993 F2d 466
    This case involves a general average claim arising from the grounding of the tanker DIALA in the Mississippi River. Deutsche Shell Tanker-Gesellschaft mbH, the vessel owner, appeals the judgment in ...

  • Cisneros v. United States
    994 F2d 1462
    We decide whether a bankruptcy court may vacate its order of discharge entered in a Chapter 13 proceeding because of a mistake of fact. * Alfred and Colleen Cisneros ("the Debtors") filed for person...

  • United States v. C Aldridge
    995 F2d 233
    MEMORANDUM Ernest C. Aldridge appeals pro se his conviction of criminal contempt for failure to appear as ordered at two hearings, in violation of 18 U.S.C. § 401(3). Construing Aldridge's app...

  • Davis v. Grusemeyer
    996 F2d 617
    Dennis T. Kearney (argued), Elizabeth J. Sher, Loryn P. Riggiola, Pitney, Hardin, Kipp & Szuch, Morristown, NJ, for appellant. Stuart M. Gerson, Asst. Atty. Gen., Michael Chertoff, U.S. Atty., M...

  • Mora v. United States District Court Eastern District Of Washington
    995 F2d 232
    MEMORANDUM Antonio Barajas Mora appeals pro se the district court's sua sponte dismissal of his motion for habeas corpus relief as frivolous under 28 U.S.C. § 1915(d). We have jurisdiction pur...

  • United States v. R Montanye
    996 F2d 190
    Herbert R. Montanye joined an ongoing conspiracy to manufacture methamphetamine by agreeing to supply laboratory glassware to others knowing they would use it to manufacture the drug. A month after ...

  • United States v. A Williams
    996 F2d 231
    Michael A. Williams pled guilty to armed bank robbery and was sentenced to 240 months' imprisonment, 5 years' supervised release, and restitution of $13,000 to the victim of the robbery, Kansas City F...

  • Lemrick v. Skipper
    995 F2d 231
    MEMORANDUM Vern Lemrick appeals pro se the district court's sua sponte dismissal of his petition for habeas corpus relief as frivolous under 28 U.S.C. § 1915(d). We have jurisdiction pursuant ...

  • Carson v. A Collins
    993 F2d 461
    Vernell Carson appeals the denial of his petition, under 28 U.S.C. § 2254, for habeas corpus relief. Finding no error, we affirm. In February 1985, Roberta Smith and Janet Chase took ten-year...

  • Gillespie v. United States
    995 F2d 231
    MEMORANDUM Ian Wayne Gillespie, a federal prisoner, appeals pro se the denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Gillespie pleaded guilty to possession of cocaine with inte...

  • United States v. Person
    993 F2d 1531
    APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND James A. Ruggiero on brief for appellant. Lincoln C. Almond, United States Attorney, Margaret E. Curran, Assistant Unit...

  • United States v. D Sanders
    996 F2d 1220
    Larry Darnell Sanders was convicted by a jury of one count of distributing cocaine base (commonly known as "crack"), one count each of aiding and abetting in the distribution of cocaine base, and one ...

  • Los Angeles Police Protective League v. F Gates Los Angeles Police Protective League
    995 F2d 1469
    This is the second round in a federal civil rights action brought by Gibson, a terminated police officer, against the City of Los Angeles and several police officials arising out of a corruption inves...

  • United States v. F Price D
    995 F2d 729
    Gillum Ferguson, Barry R. Elden, Asst. U.S. Attys., John J. Tharp, Jr., Office of the U.S. Atty., Crim. Receiving, Appellate Div. (argued), Chicago, IL, for plaintiff-appellee. Matthew F. Kennelly...

  • United States v. E Eaken
    995 F2d 740
    The United States asks us to reverse a district court order releasing William Eaken on bail pending appeal. Because we conclude that Eaken's appeal presents a substantial question of law likely to r...

  • Taylor v. E Floyd
    995 F2d 233
    MEMORANDUM Richard Dennis Taylor, a federal prisoner, appeals pro se the denial of his 28 U.S.C. § 2241 habeas corpus petition. Taylor contends that even though he was sentenced under the Unit...

  • Spinelli v. A Collins
    992 F2d 559
    James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division, ("Director") appeals the district court's judgment granting John Lee Spinelli habeas corpus relief. Finding ...

  • United States v. Mack
    995 F2d 234
    MEMORANDUM Arthur William Mack appeals the denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. Mack pleaded guilty to manufacture of marijuana, in violation of...

  • United States v. Robinson
    995 F2d 1068
    Defendant-Appellant, Zachary Crusader Robinson, has appealed his jury conviction for possession of a firearm and ammunition by a convicted felon and possession of a firearm by an armed career felon in...

  • United States v. Arnoldt
    993 F2d 1539
    In United States v. Arnoldt, 947 F.2d 1120 (4th Cir. 1991), cert. denied, 112 S. Ct. 1666 (1992), this court affirmed Arnoldt's convictions in two separate trials. With respect to sentencing for his...

  • United States Of America v. Boone
    993 F2d 1539
    In connection with a series of four bank robberies that were committed in Virginia Beach, Virginia in August 1990 by various members of a group that met socially to drink and smoke crack cocaine, Fred...

  • Carmichael v. Co King
    995 F2d 230
    MEMORANDUM Hollis Carmichael, a Nevada state prisoner, appeals pro se the district court's summary judgment in favor of the defendant, a senior correctional officer at the Ely state prison, in his 42...

  • United States v. Benjamin
    995 F2d 19
    Under 18 U.S.C.A. § 287 (West Supp.1992), federal law proscribes the filing of false claims with the federal government or any agency thereof. The instant appeal requires us to determine whethe...

  • Pittman v. F Taylor
    995 F2d 232
    MEMORANDUM John Pittman, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2241 habeas petition. This court reviews the denial of a petition for habeas corpu...

  • United States v. Harris
    994 F2d 412
    After pleading guilty to one count of possessing methamphetamine with intent to distribute, Ron Harris was sentenced to 32 months in prison and three years of supervised release. Harris appeals his ...

  • United States v. Anderson
    996 F2d 312
    On January 29, 1991, the defendant-appellant was arrested for selling crack cocaine by state law enforcement officers. At the time of the arrest, two ounces of cocaine were found in a black canvas b...

  • United States v. Aguirre
    994 F2d 1454
    This case was remanded to us for further consideration in light of Doggett v. United States, --- U.S. ----, 112 S.Ct. 2686, 120 L.Ed.2d 520 (1992). In our earlier disposition, we held there was no v...

  • United States Of America v. Allen
    995 F2d 1064
    David Allen entered a guilty plea to conspiracy to distribute cocaine and to possess cocaine with intent to distribute, 21 U.S.C.A. § 846 (West Supp. 1992), and to interstate travel in aid of rac...

  • United States v. Greene
    996 F2d 312
    This direct criminal appeal arises out of events occurring at the Federal Correctional Institution in El Reno, Oklahoma, where the defendant-appellant was serving a 30-month sentence for involuntary m...

  • Soderling v. Us Parole Commission
    995 F2d 233
    MEMORANDUM Leif and Jay Soderling, federal prisoners serving six-year terms of imprisonment following revocation of probation, appeal the district court's denial of their 28 U.S.C. § 2241 habeas...

  • United States v. R Martin
    996 F2d 312
    Defendant-appellant Albert R. Martin appeals from his conviction and sentence for armed bank robbery in violation of 21 U.S.C. § 2113(a) and (d) and use of a deadly weapon during a crime of viole...

  • Piccot v. D Marshall
    995 F2d 232
    MEMORANDUM Paul Piccot, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. Piccot contends that he was denied due process w...

  • Burch v. Gunn
    995 F2d 230
    MEMORANDUM Richard Burch, Jr., a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. Burch was convicted by jury trial ...

  • United States v. Hogg
    996 F2d 312
    This case comes before us on direct appeal of the defendant's conviction in the United States District Court for the Western District of Oklahoma. Following a jury trial, the defendant was found gui...

  • United States v. Bellrichard
    994 F2d 1318
    Loren Bellrichard appeals from his conviction on each of four counts of sending threatening communications through the mail in violation of 18 U.S.C. § 876 (1988). Bellrichard was charged with t...

  • Logan v. Al Lockhart
    994 F2d 1324
    Petitioner Rick Logan brings companion habeas corpus actions under 28 U.S.C. § 2254. He attacks his convictions, obtained in two trials, on a number of counts of rape and carnal abuse. Logan,...

  • Howie v. G Borg
    995 F2d 231
    MEMORANDUM Ronnie Monroe Howie, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. Howie contends that the district ...

  • United States v. Ravoy
    994 F2d 1332
    Barbara Jean Nash pled guilty to equity skimming in violation of 12 U.S.C. § 1709-2. A jury convicted her codefendant, Leonard James Ravoy, of equity skimming and of mail fraud in violation of ...

  • United States v. Simon
    995 F2d 1236
    At the murder trial of appellant Hitson Simon, the district court committed error when it failed to instruct the jury on the government's burden of proof in relation to an alibi defense, as is require...

  • United States v. Wright
    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 ...

  • Fritz v. United States
    995 F2d 136
    Garry J. Corrothers, Little Rock, AR, argued, for appellant. Terry L. Derden, Asst. U.S. Atty., Little Rock, AR, argued, for appellee. Before MCMILLIAN, Circuit Judge, BEAM, Circuit Judge, and HAM...

  • United States v. D Voyles
    995 F2d 91
    This is an appeal from a 115-month sentence imposed after the defendant, a convicted felon, pleaded guilty to a charge of possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The defen...

  • United States v. Felix
    994 F2d 550
    Kingsley Felix appeals the district court's decision to revoke his supervised release. We affirm. In 1989, Felix was arrested for his involvement in a bank fraud scheme. Eventually he pled guilt...

  • Smith v. K Rowland
    995 F2d 233
    MEMORANDUM James D. Smith, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action for failure to comply with the court's orders. We have juri...

  • Smith v. Maass
    995 F2d 233
    MEMORANDUM Vernon Eugene Smith, an Oregon state prisoner, appeals the district court's denial of his habeas corpus petition brought under 28 U.S.C. § 2254 challenging the Oregon parole board's d...

  • Monieson v. Commodity Futures Trading Commission
    996 F2d 852
    Brian Monieson was a major figure in the commodity futures industry. As chairman of the Chicago Mercantile Exchange from 1983 to 1985 and founder, chairman of the board, and majority stockholder of ...

  • Minnesota v. Dickerson
    508 US 366
    In this case, we consider whether the Fourth Amendment permits the seizure of contraband detected through a police officer's sense of touch during a protective patdown search. * On the evening of No...

  • United States v. Berna
    995 F2d 711
    Timothy O'Shea, Madison, WI (argued), for plaintiff-appellee. Steven C. Underwood, Michael S. Heffernan (argued), Stolper, Koritzinsky, Brewster & Neider, Madison, WI, for defendant-appellant. ...

  • Gilmore v. Taylor
    508 US 333
    Respondent Kevin Taylor was convicted of murder by an Illinois jury and sentenced to 35 years' imprisonment. After his conviction and sentence became final, he sought federal habeas relief on the gro...

  • United States v. Woods
    995 F2d 713
    After a two day trial, a jury convicted Eddie Woods, also known as Loren Bryant, with (1) conspiracy to distribute cocaine, 21 U.S.C. § 846, (2) two counts of distribution of cocaine, 21 U.S.C. &...

  • Brecht v. A Abrahamson
    507 US 619
    In Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 828, 17 L.Ed.2d 705 (1967), we held that the standard for determining whether a conviction must be set aside because of federal constitutional ...

  • United States v. Rice
    995 F2d 719
    Alonzo Rice, Jr. was convicted of two counts of possession of a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1), and possession of an unregistered firearm in violation of 26 U....

  • United States v. Mejia Alarcon
    995 F2d 982
    On December 5, 1990, a jury found the defendant-appellant, Lorenzo Jesus Mejia-Alarcon (Mejia), guilty of one count of conspiracy to possess with intent to distribute heroin, one count of possession o...

  • United States v. Sanchez
    996 F2d 312
    Dr. Danilo Abud Sanchez was indicted on various charges involving Medicare and Medicaid fraud. He agreed to plead guilty to one count of violating 18 U.S.C. § 287 in return for dismissal of the...

  • Nos 92 1750 92 1990
    998 F2d 204
    Pursuant to a forfeiture provision in The Comprehensive Drug Abuse Prevention and Control Act of 1970, the United States may compel the relinquishment of all legal interests in real property that has ...

  • United States Of America v. Smith
    995 F2d 1064
    William Columbus Smith appeals from jury convictions on one conspiracy count and six substantive counts involving violations of drug laws. He raises a Fourth Amendment issue and a host of contentions...

  • Madison Compton v. A Wallace
    995 F2d 1062
    James Madison Compton filed a 42 U.S.C. § 1983 (1988) complaint alleging that South Carolina's statutory change from annual to biennial parole reconsideration is an ex post facto violation for pr...

  • 25 Fedrserv3d 1307
    995 F2d 1063
    William Coffey, the plaintiff in this bankruptcy action, and Herbert Terrell, his attorney, appeal from an order of the district court affirming the bankruptcy court's award of deposition costs to the...

  • Bogard v. United States Parole Commission
    996 F2d 310
    Petitioner Larry D. Bogard appeals an order of the district court dismissing his petition for a writ of habeas corpus. Respondents filed a motion to dismiss this appeal as untimely. The district c...

  • United States v. Oles
    994 F2d 1519
    Appellants, David W. Oles and Redonda Lugene Oles, were convicted by a jury of bank fraud in violation of 18 U.S.C. § 1344(1) and 18 U.S.C. § 2. Appellants engaged in a "check kiting" sche...

  • Ogorodnikov v. Us Immigration and Naturalization Service
    995 F2d 1063
    Nikolai Ogorodnikov, a native of the Ukraine, immigrated to the United States in 1973 as a religious and ethnic refugee. He was convicted of conducting espionage on behalf of the Soviet Union in 1985...

  • United States v. G Flowers
    995 F2d 315
    The appellant John Flowers pled guilty to a charge that, in 1988, he set fire to his boat to collect the insurance proceeds, in violation of 18 U.S.C. § 844(h) (using fire to commit a felony). ...

  • United States v. Hall
    993 F2d 1540
    Appellants are three criminal defendants who contest a jury verdict finding them guilty of various narcotics and firearm offenses. Appellants raise a host of issues. Because we find no reversible er...

  • United States v. S Dalman
    994 F2d 537
    Donald S. Dalman appeals from the district court's judgment of conviction entered on his guilty plea. We affirm. On June 26, 1992, Dalman was arrested and charged with falsely representing himself...

  • United States v. Madkins
    994 F2d 540
    Richard Earl Madkins appeals from his conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) (1988) and 18 U.S.C. § 924(e) (Supp. III 1991). Madkins ...

  • United States v. Lee
    995 F2d 887
    Roger Alan Lee appeals his sentence under the Sentencing Guidelines of 20 months' imprisonment upon his conviction by guilty plea of counterfeiting obligations of the United States, in violation of 18...

  • United States v. Teran Beltran
    995 F2d 235
    MEMORANDUM Jorge Teran-Beltran (Teran) appeals his sentence to 30 months imprisonment and three years supervised release upon a plea of guilty to transportation of an undocumented alien in violation ...

  • Weg v. J Macchiarola
    995 F2d 15
    This is an appeal from Judge Leisure's denial of a motion for summary judgment based on a claim of qualified immunity. The appellants and their employment at pertinent times are E. Gordon Haesloop, ...

  • United States v. Trevino Rodriguez
    994 F2d 533
    Norberto Trevino-Rodriguez (Norberto) and Rosalio Trevino-Lopez (Rosalio) were convicted of conspiracy to distribute cocaine and to possess cocaine with the intent to distribute it in violation of 21 ...

  • United States v. E Sheffield
    992 F2d 1164
    The defendant, Charles E. Sheffield, was convicted of embezzling United States Air Force property, and conspiring to do the same, by ordering his subordinates at Robins Air Force Base to use governmen...

  • United States v. Soto Lopez
    995 F2d 694
    Appellant Jose Maria Soto-Lopez appeals from his conviction, after a bench trial, of possession with intent to distribute cocaine pursuant to 21 U.S.C. § 841(a)(1) (1988). Appellant moved to su...

  • United States v. Sanchez
    992 F2d 1143
    Defendants/Appellants Rafael Sanchez and Luis Sanchez, father and son, were arrested in October, 1988, in South Carolina for alleged local narcotics offenses. The South Carolina charges were dropped...

  • United States v. Bellucci
    995 F2d 157
    Peter Bellucci appeals his conviction upon a jury verdict of making false statements to a financial institution, in violation of 18 U.S.C. § 1014. Bellucci claims there was insufficient evidenc...

  • United States v. Brown
    995 F2d 1493
    Defendant Jermaine Brown appeals his conviction and sentence for (1) conspiracy to possess cocaine with intent to distribute and to distribute the same in violation of 21 U.S.C. § 846; (2) posse...

  • United States v. Price
    996 F2d 312
    In No. 92-5033 the parties have agreed that the case be submitted for decision on the briefs. See Fed.R.App.P. 34(f); 10th Cir.R. 34.1.2. The case is therefore ordered submitted without oral argu...

  • United States v. M Oriley
    995 F2d 234
    MEMORANDUM Patrick M. O'Riley appeals his conviction, following a jury trial, for conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 846, possession with intent to distribute m...

  • United States v. B Williams
    993 F2d 451
    Appellant, Frankie B. Williams (Williams), was convicted of one count of making false declarations before a grand jury in violation of 18 U.S.C. § 1623. The district court sentenced Williams to...

  • United States v. Johnson
    995 F2d 234
    MEMORANDUM Glover Johnson appeals his conviction for possession of cocaine with intent to distribute, 21 U.S.C. § 841(a)(1) (1988). He contends he received ineffective assistance from his coun...

  • United States v. McGee
    996 F2d 312
    James McGee appeals his sentence of fifteen months upon a plea of guilty to one count of using a telephone to facilitate a marijuana transaction. Defendant maintains the trial court erred by not gra...

  • Dellatorre
    995 F2d 231
    MEMORANDUM Thomas E. Beck appeals pro se the district court's order sanctioning him in the amount of $1000.00 for failure to file a Pre-Trial Conference Order pursuant to Local Rule 9 of the United S...

  • United States v. Shabazz L
    993 F2d 431
    Defendants-appellants Mateen Yusuf Shabazz (Shabazz) and Keith Lamar Parker (Parker) were convicted on drug possession charges. They argue that evidence discovered in a warrantless search of the car...

  • Butler v. D Marshall
    995 F2d 230
    MEMORANDUM Perry C. Butler, a former California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action. The district court dismissed Butler's action befor...

  • Claxton v. State Of Arizona
    995 F2d 230
    MEMORANDUM * In consolidated appeal no. 92-16324, Richard William Claxton, an Arizona state prisoner, appeals pro se the district court's order remanding his civil rights action to Arizona state supe...

  • United States v. Wicks T T
    995 F2d 964
    Defendant James T. Wicks appeals his conviction, after a jury trial, on eight counts relating to drug trafficking, resulting in a total sentence of 387 months imprisonment. Wicks raises three issues...

  • United States v. Rivera
    994 F2d 942
    Each of these two appeals concerns the district court's power to impose a sentence that departs from the Sentencing Guidelines. The first case involves Mirna Rivera, a single mother of three small c...

  • Standen v. Whitley
    994 F2d 1417
    Convicted of murder in the first degree and sentenced to life imprisonment without the possibility of parole, Warren Robert Standen seeks a writ of habeas corpus. At his trial his original plea of g...

  • United States v. Ronquillo
    996 F2d 312
    Alonso Ronquillo appeals his sentence of fifteen months upon a plea of guilty to one count of using a telephone to facilitate a marijuana transaction. Defendant maintains the trial court erred by no...

  • United States v. Walter
    995 F2d 235
    MEMORANDUM* Michael Lane Walter appeals his sentence, imposed under the United States Sentencing Guidelines following his conviction by guilty plea for bank robbery in violation of 18 U.S.C. § 2...

  • United States v. Y Zeigler
    994 F2d 845
    This appeal from a criminal conviction raises an old problem. The government's evidence falls short of proving guilt beyond a reasonable doubt. Nevertheless, the trial court denies the defendant's...

  • United States v. M El Zoubi
    993 F2d 442
    Abdallah M. El-Zoubi (El-Zoubi) was charged in a superseding indictment with conspiracy, mail fraud, and arson, in violation of 18 U.S.C. §§ 371, 1341, 844(i), and 2, respectively. After a...

  • Tkb International Inc v. United States Tkb International Inc
    995 F2d 1460
    This case presents the interesting question of whether a federal tax lien on real property, filed in the proper location but outside the property's direct chain of title, is valid under 26 U.S.C. ...

  • United States v. Bobo
    994 F2d 524
    Richard Vunzell Bobo Jr. appeals his conviction and sentence after trial by jury on firearms charges. We affirm the judgment of the District Court. The facts of the case are as follows. Jeffrey ...

  • United States v. Watt
    996 F2d 1218
    Defendant, Ronald Dee Watt, appeals various aspects of the trial leading to his conviction and sentence for bank robbery and escape from federal custody. We affirm. On October 21, 1991, a robbery ...

  • Guaranty v. International
    994 F2d 1280
    The parties dispute the coverage provided by an insurance policy written by International Insurance Company for the city of Birmingham, Michigan. The district court concluded that the policy partial...

  • Oneal v. P Broadwater
    993 F2d 1538
    Michael Harrison O'Neal seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C.s 2254 (1988). Our review of the record and the district court's opinion disclose...

  • United States v. F Brennan
    994 F2d 918
    On September 18, 1990, a federal grand jury returned a multiple count indictment against defendant-appellant J. Edward McHugh, a former senior vice-president and loan officer of the Cambridgeport Savi...

  • United States v. Tajeddini
    996 F2d 1278
    Defendant and his wife, Lori Ann McBride, were indicted on charges of conspiracy to import more than 100 grams of a mixture or substance containing a detectable amount of heroin (Count One), and impor...

  • Hernandez v. United States
    995 F2d 231
    Before NOONAN and LEAVY, Circuit Judges, and TANNER,* * * Senior District Judge. MEMORANDUM Defendant Mauricio Eduardo Hernandez pled guilty on June 13, 1989 to count two of an indictment charging ...

  • United States v. Garrido
    995 F2d 808
    This case involves a conspiracy to distribute marijuana. All four defendants were found guilty after a jury trial, and appeal, raising several claims of error at trial and at sentencing. We affirm...

  • United States v. Bays
    995 F2d 233
    MEMORANDUM The issue before us is whether the district court abused its discretion in granting Bardwin Bays ("Bardwin") a new trial pursuant to Fed.R.Crim.P. 33 after his conviction for possession of...

  • United States v. Rodriguez
    995 F2d 234
    Before BROWNING and CANBY, Circuit Judges, KELLEHER, Senior District Judge. Appellant challenges his conviction for possession of marijuana with intent to distribute, 21 U.S.C. Sections 841(a)(1) an...

  • Topp v. J Wolkowski J
    994 F2d 45
    New Hampshire State Troopers Thomas J. Lombardi and Thomas J. Wolkowski appeal from a judgment of the District Court for the District of New Hampshire, Dickran Tevrizian, Judge, denying their motion f...

  • United States v. Everett
    995 F2d 233
    MEMORANDUM The district court did not abuse its discretion in denying Everett's motion for a continuance to procure witnesses because Everett failed to satisfy the requirements for such a request. ...

  • United States Of America v. Salvador Desantiago Martinez
    995 F2d 233
    MEMORANDUM** The waiver provision in the plea agreement is far from a model of clarity, and if read literally, supports defendant's interpretation that he waived only those sentencing issues under 19...

  • United States v. W Shaheed
    995 F2d 234
    Before Pregerson, Kleinfeld, Circuit Judges, and LEGGE, District Judge. MEMORANDUM A jury convicted defendant Shaheed of being an ex-felon in possession of a firearm in violation of 18 U.S.C. §...

  • Pacifica Kidney Center Inc v. National Medical Care Inc
    995 F2d 232
    [t]o determine substantiality in a given case, it is necessary to weigh the probable effect of the contract on the relevant area of effective competition, taking into account the relative strength of ...

  • Rodriguez v. United States
    994 F2d 110
    Our court has recently received a number of appeals presenting problems that relate to the interval between deportation and the end of an alien's term of imprisonment. Several district judges have s...

  • Wiley v. State Farm Fire and Casualty Co
    995 F2d 457
    In this diversity case, we are called upon to predict whether Pennsylvania law would obligate an insurer under its homeowner's insurance policy to provide coverage for damages incurred by an insured i...

  • United States v. Laforce
    993 F2d 1540
    Following a jury trial, Ricky Dean LaForce was convicted of one count of possession of a firearm by a convicted felon. The district court sentenced LaForce as an armed career criminal and departed up...

  • Burke v. United States
    994 F2d 1576
    James W. Burke, as personal representative of the estate of Edna Sproull Williams, appeals from the summary judgment entered by the United States Court of Federal Claims in Burke v. United States, No....

  • United States v. Flores Vasquez
    995 F2d 233
    MEMORANDUM Adalberto Flores-Vasquez appeals his sentence to fifteen months' imprisonment upon his conviction of importation and possession with intent to distribute marijuana, in violation of 21 U.S....

  • Sivak v. Murphy
    995 F2d 233
    MEMORANDUM Lacey Mark Sivak appeals from the district court's order adopting the magistrate's recommendations and granting summary judgment to all defendants. We have jurisdiction under 28 U.S.C. &...

  • United States v. R Rehder
    995 F2d 234
    MEMORANDUM Gerald R. Rehder appeals his sentence under the Sentencing Guidelines imposed upon his jury conviction of theft of government property, in violation of 18 U.S.C. § 641. He argues th...

  • United States v. D Demery
    996 F2d 1217
    Defendant Clenther Dion Demery appeals from a judgment of conviction following his plea of guilty to attempting to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846. Thi...

  • United States v. G Rattigan
    996 F2d 1218
    A jury convicted defendant Barry G. Rattigan of four counts of narcotics and firearms violations, including distribution of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(iii)...

  • Wolff v. Deeds
    995 F2d 235
    MEMORANDUM Nevada state prisoner Ronald D. Wolff appeals pro se from the district court's judgment, following a bench trial, in favor of prison officials in his 42 U.S.C. § 1983 action alleging ...

  • Wilson v. City Of Berkeley
    995 F2d 235
    MEMORANDUM Clarence Wilson appeals pro se the district court's summary judgment for the City of Berkeley, seven police officers, the Chief of Police and the City Manager in his 42 U.S.C. § 1983 ...

  • United States v. Correa
    995 F2d 686
    Defendant Carlos Correa appeals from his sentence, contending that the district court misapplied the Sentencing Guidelines by not making a further downward departure for substantial assistance. Defe...

  • United States v. Kopeikin
    995 F2d 234
    MEMORANDUM Alex Kopeikin appeals his sentence of 21 months imprisonment and two years supervised release, which the district court imposed after he pled guilty to possession of unregistered firearms ...

  • United States v. L Retizos
    995 F2d 234
    MEMORANDUM Edison L. Retizos appeals the sentence of 30 months imprisonment imposed after a jury convicted him of five counts of bank fraud in violation of 18 U.S.C. § 1344 and seventeen counts ...

  • United States v. W Suchecki
    995 F2d 234
    MEMORANDUM Appellant Dalegor W. Suchecki timely appeals his 18 U.S.C. § 1001 (1988) convictions for making false statements in connection with two applications for medical benefits. He contend...

  • United States v. Harrell
    993 F2d 1540
    Carrington Lamont Harrell appeals from his sentence imposed pursuant to a guilty plea to an indictment charging him with possession of 42.6 grams of cocaine base ("crack"), in violation of 21 U.S.C. &...

  • United States v. Herman
    995 F2d 234
    MEMORANDUM Michael Herman appeals his sentence under the Sentencing Guidelines upon conviction by guilty plea of conspiring to violate 18 U.S.C. § 513 by passing counterfeited travelers checks, ...

  • Rd Conner v. Sakai
    994 F2d 1408
    DeMont R.D. Conner, a Hawaii state prisoner serving a thirty-years-to-life sentence, appeals pro se the district court's grant of the state's motion for summary judgment, and the district court's deni...

  • United States v. D Hanson
    994 F2d 403
    Keyte and Diane Hanson were convicted of filing incomplete income tax returns in violation of 26 U.S.C. § 7206(1). On appeal, the defendants argue that the district court's failure to admit cer...

  • United States v. J Kinsey
    994 F2d 699
    The Kinseys were sentenced in 1987. Errors were made, both for and against their interests, in the structure of the sentences. In 1991, the Kinseys sought to correct the illegalities in their sent...

  • United States v. Robinson
    996 F2d 312
    The Government appeals an order suppressing evidence seized pursuant to a search conducted on a train. We have reviewed the record, briefs, and oral argument in light of our cases. WE AFFIRM. ...

  • Lippay v. C Christos
    996 F2d 1490
    Appellant Dean C. Christos appeals from a district court order entered July 31, 1992, denying his motion for judgment as a matter of law or, in the alternative, for a new trial, as well as from a judg...

  • Moore v. W Kaiser
    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. Gilliam
    994 F2d 97
    Defendant-appellant Kevin Gilliam appeals from a final judgment of the United States District Court for the Southern District of New York (Owen, J.) convicting him, following a three-day jury trial, o...

  • Barnes v. A Vernon Icio
    995 F2d 230
    MEMORANDUM Standley Vee Barnes, an Idaho state prisoner, appeals pro se the district court's dismissal pursuant to 28 U.S.C. § 1915(d) of his civil rights action. We have jurisdiction pursuant...

  • United National Insurance Co v. Waterfront New York Realty Corporation
    994 F2d 105
    United National Insurance Co. ("UNI") appeals from a judgment of the United States District Court for the Southern District of New York (Lowe, J.), declaring that it must defend and indemnify defenda...

  • United States v. Kidwell
    996 F2d 312
    Kevin Ray Kidwell pleaded guilty to possession with intent to distribute 286 pounds of marijuana in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. The district court sentenced Mr. K...

  • Connor v. Angelone
    995 F2d 230
    MEMORANDUM Delbert Lee Connor ("Connor") appeals the district court's grant of summary judgment on his 42 U.S.C. § 1983 claims. Connor contends his constitutional rights under the Fifth, Eight...

  • United States Of America v. Barnett
    993 F2d 1539
    Rudolph Valentino Barnett was convicted by a jury of being found in the United States after being deported subsequent to the commission of an aggravated felony (8 U.S.C.A. § 1326(b)(2) (West Supp...

  • United States v. Pugh
    995 F2d 1068
    Defendant Jackie Pugh appeals the sentence he received after pleading guilty to one count of illegally possessing an unregistered firearm, in violation of 26 U.S.C. § 5861(d). Pugh argues that ...

  • Eirhart v. Libbey Owens Ford Company Lof
    996 F2d 846
    In 1988 Libbey-Owens-Ford Company and LOF Glass, Inc. (collectively referred to as "Libbey") settled a class action suit by 1,412 women who were excluded from employment based on Libbey's minimum hei...

  • United States v. Campbell
    995 F2d 173
    Theodore Reed Campbell appeals the sentence imposed upon him following his plea of guilty and entry of a judgment of conviction for conspiring to possess with intent to distribute five kilograms or mo...

  • United States v. Almand
    992 F2d 316
    Christopher Almand ("Almand") was indicted with two co-defendants in a four count indictment. Almand was charged in the first count with conspiracy to distribute and possess with intent to distribut...

  • United States v. Jeffries
    995 F2d 234
    MEMORANDUM Alan Hardy Jeffries appeals his 10-month sentence following entry of a guilty plea to filing false income tax returns and aiding and abetting in violation of 18 U.S.C. §§ 2, 287....

  • United States v. Avery
    995 F2d 142
    Steven Dave Avery pleaded guilty to bank robbery in violation of 18 U.S.C. § 2113(a). He was found to be a career criminal and sentenced to 168 months in prison. He appeals his sentence. We...

  • United States v. Huerta
    995 F2d 234
    MEMORANDUM Jose Martin Huerta appeals from his 41-month sentence following entry of a guilty plea to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841...

  • March Coastal Virginia Bank v. C March
    995 F2d 32
    Lloyd March voluntarily filed for bankruptcy under Chapter 11 on November 12, 1991, and, at times relevant hereto, he was the debtor in possession. Coastal Virginia Bank and Sovran Bank, N.A., sough...

  • United States Of America v. Feury
    993 F2d 1540
    The Appellant Feury was charged in the Southern District of West Virginia and convicted in a jury trial for violations of 21 U.S.C. § 846 (conspiracy to distribute and to possess with intent to d...

  • United States v. Kimball
    995 F2d 234
    MEMORANDUM * BACKGROUND Clark McCormick Kimball (Kimball) pled guilty to one count of manufacturing marijuana in violation of 21 U.S.C. § 841(a)(1). At sentencing, Kimball argued that he was ...

  • United States Of America v. Hunt
    993 F2d 1540
    John Eric Hunt appeals his sentence after pleading guilty to drug and firearms charges in two different cases in the same federal district court. We affirm his sentence in the case which he appealed ...

  • United States v. Smith
    993 F2d 1550
    A jury convicted Wesley Smith of various drug-related offenses. Smith avoided sentencing for over six years by escaping custody, to which he subsequently pleaded guilty. The court sentenced Smith ...

  • United States v. Tokarevich
    995 F2d 1068
    Alex Tokarevich, Sr. appeals his conviction on seven counts of distribution of dilaudid, a Schedule II controlled substance, without a legitimate medical reason, in violation of 21 U.S.C. § 841(a...

  • United States v. Gibbons
    994 F2d 299
    Defendant James Henry Gibbons was convicted by a jury of four counts related to distributing cocaine, including one count of conspiracy to distribute cocaine under 21 U.S.C. § 846 and one count o...

  • United States v. McDougal
    995 F2d 234
    MEMORANDUM Brian Martin McDougal appeals his conviction, which followed a jury trial, for thirteen counts of possessing stolen mail in violation of 18 U.S.C. § 1708. McDougal claims, first, th...

  • Sullivan v. Louisiana
    508 US 275
    The question presented is whether a constitutionally deficient reasonable-doubt instruction may be harmless error. * Petitioner was charged with first-degree murder in the course of committing an ar...

  • McGruder v. M Frank
    995 F2d 1067
    After a three-day bench trial, the district court ruled that the defendant Postal Service did not intentionally discriminate against plaintiff Ethelene McGruder. Plaintiff now appeals, arguing that ...

  • United States v. Armstrong
    995 F2d 233
    MEMANDUM Geoffrey Edwards Armstrong appeals the sentence of 41 months' incarceration, imposed under the United States Sentencing Guidelines (Guidelines), following his conviction by guilty plea for b...

  • United States v. Jackson
    995 F2d 1068
    The defendant, Michael Jackson (defendant-Jackson), appealed from the guilty plea, sentence, and final order filed in the district court. Defendant entered into a conditional plea of guilty to one c...

  • United States v. Dearborn
    995 F2d 233
    MEMORANDUM Travis James Dearborn appeals his sentence, imposed under the United States Sentencing Guidelines ("Guidelines"), following his plea of guilty to using an unauthorized automatic teller mac...

  • Ying Jing Gan v. City Of New York N M
    996 F2d 522
    Defendant Luke Rettler, an Assistant District Attorney in New York County, appeals from so much of an order of the United States District Court for the Southern District of New York, Mary Johnson Lowe...

  • United States v. A Watkins
    994 F2d 1192
    Caroll Watkins appeals the sentence imposed following her conviction for check kiting. She argues that the sentencing court erred in calculating the amount of loss by relying on the face value of th...

  • Kinney National Labor Relations Board v. International Union Of Operating Engineers Local
    994 F2d 1271
    The district court has enjoined Local 150 of the International Union of Operating Engineers, AFL-CIO, from holding a mass trial to discipline some fifty-three members who, the Union claims, crossed pi...

  • St Lukes Hospital v. Sms Computer Systems Inc
    995 F2d 1067
    Defendant appeals the confirmation of an arbitration award granting the plaintiff $850,000 in damages. On appeal, the defendant argues the arbitrator exceeded the scope of his authority by refusing ...

  • Elmore v. Bj Bunnell
    995 F2d 231
    MEMORANDUM Michael Gene Elmore (Elmore) appeals the district court's denial of his habeas petition. He is a California state prisoner convicted of first degree murder, three counts of forcible rape...

  • United States v. Gutierrez Aguilar
    995 F2d 233
    MEMORANDUM Edgar Gutierrez-Aguilar appeals his 14-month sentence imposed following his guilty plea to conspiracy to produce and transfer false documents in violation of 18 U.S.C. § 1028(a)(1) an...

  • United States v. Fahey
    995 F2d 233
    MEMORANDUM Thomas Kevin Fahey appeals his 8-month sentence imposed after a guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Fahey contends that th...

  • United States v. Heriberto B
    995 F2d 234
    MEMORANDUM Heriberto B., a juvenile, appeals his conviction following bench trial for an act of juvenile delinquency in violation of 18 U.S.C. §§ 5031-5037, specifically, possession with in...

  • United States v. Stewart
    995 F2d 234
    MEMORANDUM James Arnold Stewart appeals the sentence of 105 months' imprisonment, imposed under the United States Sentencing Guidelines (Guidelines), following his conviction by guilty plea to one co...

  • Mitchell v. New Mexico Department Of Corrections
    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. Moyer
    995 F2d 234
    Dean Moyer appeals his 121-month sentence imposed following entry of a guilty plea to manufacturing methamphetamine in violation of 21 U.S.C. § 841(a)(1). Moyer contends that the law-enforcemen...

  • United States v. Guzman
    995 F2d 1068
    Defendant, Guadalupe Guzman, appeals the district court's order denying his motion to suppress the admission of physical evidence seized during a warrantless search of a rented vehicle in which he tra...

  • United States v. Koroma
    995 F2d 234
    Koroma argues that the "instant offense" described in section 3C1.1 is limited to his own prosecution. He claims that, therefore, the district court could not give him an obstruction of justice adju...

  • Eirhart v. Libbey Owens Ford Company Lof
    996 F2d 837
    This appeal concerns the enforcement of a 1988 consent decree between the parties which settled a Title VII lawsuit against defendants Libbey-Owens-Ford Company and LOF Glass Incorporated (collectivel...

  • United States v. R Ramirez
    995 F2d 234
    MEMORANDUM Jose Rene Ramirez appeals his sentence of 124 months, imposed for the second time under the United States Sentencing Guidelines (Guidelines), following his conviction by guilty plea, for c...

  • United States v. Racimo
    995 F2d 234
    MEMORANDUM Timothy Abgayani Racimo appeals his conviction and 151-month sentence, following a jury trial, for conspiracy, distribution of cocaine and marijuana, interstate travel in aid of racketeeri...

  • Smith v. Sumner
    994 F2d 1401
    Appellant Edward Smith, a Nevada state prisoner, filed an action under 42 U.S.C. § 1983 alleging violations of his constitutional rights resulting from unreasonable restrictions on visitation, de...

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