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  • Roof v. Maass
    24 F3d 249
    We previously concluded that the admission of testimony regarding the victim's pretrial identification of Roof and testimony based on that identification, which her in-court identification of Roof und...

  • United States v. L Fisher
    23 F3d 411
    Richard L. Fisher pleaded guilty in a federal district court in Indiana to conspiring to distribute cocaine in violation of 21 U.S.C. Sec. 846, and to possession with intent to distribute in excess of...

  • United States v. 272733 In Us Currency
    23 F3d 409
    Before: GUY and NELSON, Circuit Judges, and QUIST, District Judge. James Douglas DeFranco appeals a district court judgment granting the government's motion to dismiss its civil forfeiture action, ...

  • United States v. Cardenas
    23 F3d 403
    The grand jury indicted Anna Bella Cardenas for conspiracy to distribute methamphetamine in violation of 21 U.S.C.A. Sec. 846 (West Supp.1993) (Count 1), and for possession with intent to distribute m...

  • United States v. Luciow
    24 F3d 251
    Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges MEMORANDUM Anthony Earl Luciow pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute marijuana in v...

  • Smith v. Maass
    24 F3d 251
    Before: POOLE and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM William Scott Smith, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas c...

  • United States v. Okoli
    20 F3d 615
    Ikwuemesi Okoli appeals the sentence imposed following his guilty plea to an information charging conspiracy to import heroin. Finding that his arguments are without merit, we affirm. * Our review ...

  • United States v. Levy
    24 F3d 251
    Before: NORRIS and O'SCANNLAIN, Circuit Judges, and COUGHENOUR, District Judge. MEMORANDUM Leonard Levy appeals the district court's denial of his motion to dismiss an indictment alleging violatio...

  • United States v. Carrillo
    20 F3d 617
    Augustin Carrillo appeals his conviction on one count of distribution of controlled substances, in violation of 21 U.S.C. Sec. 841. He contends that the district court erred in (1) admitting police m...

  • Universal Money Centers Inc v. American Telephone and Telegraph Co
    22 F3d 1527
    Plaintiff-appellant Universal Money Centers, Inc. ("UMC") filed an action against defendant-appellee American Telephone and Telegraph Co. ("AT & T") alleging trademark infringement as a result o...

  • Reeves v. Na Pettcox
    19 F3d 1060
    The plaintiff Joe Reeves is an inmate presently confined in the Texas Department of Criminal Justice, Institutional Division. While in solitary confinement, Reeves was disciplined for placing his foo...

  • Moore v. Felger
    19 F3d 1054
    This civil suit against several IRS agents stems from years of the recalcitrant conduct of a tax protester. Thomas A. Moore, a Louisiana psychiatrist, failed to pay his taxes for a number of years. ...

  • Leonard v. Ylst
    24 F3d 247
    MEMORANDUM Harvey Leonard petitions for writ of habeas corpus under 28 U.S.C. Sec. 2254. A California jury found him guilty of forcible rape, penetration of a rape victim by a foreign object, and un...

  • United States v. Denne
    23 F3d 408
    Timothy Denne appeals a district court order revoking his term of supervised release and imposing an eighteen-month term of imprisonment. He argues that the district court erred in not requiring his ...

  • Hanline v. G Borg
    24 F3d 246
    MEMORANDUM** Petitioner Michael R. Hanline ("Hanline"), a prisoner of the State of California acting pro se and in forma pauperis, appeals the district court's denial of his petition for a writ of ha...

  • Rosas Altamirano v. Immigration and Naturalization Service
    24 F3d 249
    He claims that the 1973 conviction for marijuana transportation which formed the predicate for his deportation in 1976 should not have been used because it was charged under the Federal Youth and Corr...

  • United States v. K Clark
    24 F3d 250
    MEMORANDUM In his second appeal Ronald Clark challenges both his conviction and his sentence. Because his conviction was affirmed in an unpublished disposition on February 1, 1993, his attempt to re...

  • Balzer v. County Of Kern P T
    24 F3d 244
    MEMORANDUM Carol Balzer ("Balzer") appeals the district court's denial of her Fed.R.Civ.P. 60(b) motion for reconsideration. She argues the district court erred in not granting her request for a pre...

  • Mays v. Mahoney
    23 F3d 660
    Michael Mays appeals from a summary judgment entered in the Southern District of New York, Miriam G. Cedarbaum, District Judge, in favor of John Mahoney, Hearing Officer for Disciplinary Hearing at th...

  • United States v. Collins Avila
    24 F3d 250
    Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges MEMORANDUM Jose Luis Collins-Avila ("Collins") appeals his conviction of one count of attempted possession with intent to distribute 20 kilogr...

  • Walker v. L Bates
    23 F3d 652
    Plaintiff-appellant Robert Walker appeals from a judgment entered in the United States District Court for the Western District of New York (Larimer, J.) dismissing his complaint against defendant-appe...

  • Valtman v. United States
    23 F3d 409
    This 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. Sec. 2255. The case has been referred to a panel of the c...

  • United States v. M Neighbors
    23 F3d 306
    Danny M. Neighbors was charged in a 45-count indictment with various drug violations. In counts 1 through 15, Neighbors was charged with knowingly and intentionally possessing, with an intent to dist...

  • United States v. L Hampton
    25 F3d 1059
    Defendant Roger L. Hampton pleaded guilty to three counts of armed bank robbery, 18 U.S.C. 2113(a), (d). The district court sentenced Defendant to concurrent terms of 121 months imprisonment on each ...

  • United States v. Williams
    22 F3d 1123
    We retained jurisdiction over this case and remanded the record for findings of fact and conclusions of law. United States v. Williams, 951 F.2d 1287 (D.C.Cir.1991). The district court had sustained...

  • Fagan v. City Of Vineland F Iii
    22 F3d 1296
    Before us is the appeal of the district court's order granting summary judgment to the defendant police officers, the City of Vineland, and defendant Town Liquors in a suit brought by and on behalf of...

  • Lauvera v. Immigration
    23 F3d 394
    Pro-se petitioner Kawee Lauvera appeals an order of the Board of Immigration Appeals [BIA] finding him deportable under section 241(a)(2)(A)(i) of the Immigration and Nationality Act [INA], 8 U.S.C. S...

  • Crowther v. Immigration and Naturalization Service
    25 F3d 1056
    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); 10t...

  • United States v. Impemba
    23 F3d 395
    Guido Impemba appeals from a district court order denying his motion to vacate a pair of criminal fines imposed nearly ten years ago. For the following reasons, we summarily affirm under Loc. R. 27....

  • Ball v. Quorum Health Resources Incorporated Hca
    23 F3d 399
    Rhumell Ball and Ray Ball (hereinafter "Plaintiffs") filed a medical malpractice action against Quorum Health Resources, Inc. (hereinafter "Quorum") as the corporate manager of Ashe Memorial Hospital...

  • United States v. Rowlett
    23 F3d 300
    Defendant/appellant David A. Rowlett appeals his sentence for making a false statement in the acquisition of a firearm in violation of 18 U.S.C. Sec. 922(a)(6). Rowlett contends the district court er...

  • United States v. E McCabe
    23 F3d 404
    Carson McCabe appeals the district court's order affirming the magistrate judge's revocation of his supervised release and imposition of an additional twelve-month term of imprisonment. We reverse. ...

  • United States v. White
    24 F3d 252
    Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges MEMORANDUM Kenneth Eugene White was convicted of possession with intent to distribute more than 50 grams of a substance containing cocaine ba...

  • Oyler v. Allenbrand
    23 F3d 292
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. A Warner
    23 F3d 287
    Defendant Scott A. Warner, appearing pro se, appeals the district court's denial of his motion to correct his presentence investigation ("PSI") report pursuant to Fed.R.Crim.P. 32(c)(3)(D) and also ap...

  • McGuire v. Farley
    23 F3d 410
    Leslie P. McGuire appeals the district court's denial of his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. Sec. 2254. We affirm. McGuire pled guilty in 1980 to felony murder an...

  • Ac Stephens v. Attorney General Of California
    23 F3d 248
    Gill A.C. Stephens filed a petition for writ of habeas corpus in the district court pursuant to 28 U.S.C. Sec. 2254. The district court denied the petition. We affirm. * A detective from the Los A...

  • United States v. McCallum
    23 F3d 409
    In Case No. 92-6518, Douglas Ray McCallum appeals a conviction and sentence arising from his plea of guilty to four counts of aiding and abetting the knowing possession of firearms not registered in t...

  • United States v. Streat
    22 F3d 109
    Carlo Streat appeals his sentencing after pleading guilty to charges of unarmed robbery of a bank in violation of 18 U.S.C. Sec. 2113(a). The first issue on appeal is whether the district court incor...

  • United States v. Obialo
    23 F3d 69
    Appellant Sunday Obialo challenges his conviction and sentence after a jury trial in which he was convicted of conspiracy to possess with intent to distribute heroin in violation of 21 U.S.C. Sec. 846...

  • McCarthy v. L Azure
    22 F3d 351
    This appeal presents intriguing questions anent the rights of a corporate officer who, having signed an agreement containing an arbitration clause in his official capacity, seeks to compel arbitration...

  • Hamilton v. Lewis
    24 F3d 246
    Kelly Hamilton, an Arizona state prisoner, appeals pro se the district court's summary judgment dismissing his second 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction following a ...

  • Gonzalez Rivera v. Immigration and Naturalization Service
    22 F3d 1441
    Mario Gonzalez-Rivera (Gonzalez) petitions this Court to review the Board of Immigration Appeal's (BIA) reversal of the decision by the Immigration Judge (IJ). The IJ found that the Border Patrol off...

  • Oliveira v. Mayer F
    23 F3d 642
    This appeal primarily concerns the interplay, in the context of a jury trial, between the Fourth Amendment standards for making arrests and stops and the standard for allowing the defense of qualified...

  • United States v. Plunkett
    23 F3d 404
    Noel Edward Plunkett, Jr., was convicted by a jury of two counts of bank robbery, 18 U.S.C.A. Sec. 2113(a) (West Supp.1993). He appeals his 115-month sentence, asserting that the district court impro...

  • Tate v. E Williams
    23 F3d 408
    Phillip G. Tate, pro se, appeals from a district court order granting the defendants summary judgment in this prisoner civil rights case filed under 42 U.S.C. Sec. 1983. The case has been referred to...

  • United States v. Ford
    22 F3d 374
    David P. Hoose, by Appointment of the Court, with whom Katz, Sasson and Hoose, Springfield, MA, was on brief, for appellant. Kevin O'Regan, Asst. U.S. Atty., Springfield, MA, with whom Donald K. Ste...

  • United States v. E Parrilla Tirado
    22 F3d 368
    Having rethought his guilty plea, defendant-appellant Luis E. Parrilla-Tirado (Parrilla) moved to withdraw it pursuant to Fed.R.Crim.P. 32(d). The district court denied the motion and thereafter impo...

  • United States v. Pierce
    23 F3d 404
    Richard Darin Pierce appeals his conviction for possessing with the intent to distribute cocaine hydrochloride in violation of 21 U.S.C. Sec. 841 (1988). Pierce raises numerous challenges to the tria...

  • United States v. Rivera Perez
    23 F3d 395
    Appellant Morgan Rivera-Perez pled guilty to one count of mail fraud, and aiding and abetting, in violation of 18 U.S.C. Secs. 2, 1341. Prior to sentencing, the government filed a motion requesting a...

  • United States v. Schmeltzer
    20 F3d 610
    Defendant-Appellant Ernest Schmeltzer seeks reversal of his conviction on constitutional grounds, and alternatively, reversal and remand of his sentence. Finding the statutes of conviction constituti...

  • United States v. Reyes Mercado
    22 F3d 363
    After being convicted and sentenced on various drug and firearms charges, defendant-appellant Domingo Reyes-Mercado argues that the district court erred in 1) denying his motion to suppress evidence; ...

  • Green v. Withrow
    23 F3d 406
    Dashea Green was convicted in a Michigan state court of second-degree murder, armed robbery, assault with intent to murder, and possession of a firearm during the commission of a felony. After exhaus...

  • Walker v. United States
    23 F3d 409
    Jerry O'Keith Walker, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate his sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a pan...

  • United States v. Smith
    23 F3d 409
    This is an appeal from a conviction and sentence for extortion under color of official right, a violation of 18 U.S.C. Sec. 1951. The defendant, a Kentucky state legislator, was accused of accepting ...

  • Cabrera v. Peters Iii
    23 F3d 410
    William Cabrera appeals the district court's grant of summary judgment in favor of the defendants in his civil rights action brought pursuant to 42 U.S.C. Sec. 1983. After reviewing the district cour...

  • Flowers v. United States
    23 F3d 406
    Ennis Flowers, a federal prisoner, moves for pauper status, requests the appointment of counsel, and appeals a district court order denying his motion to vacate sentence filed pursuant to 28 U.S.C. Se...

  • President v. United States Parole Commission
    24 F3d 248
    MEMORANDUM Jerry President, a federal prisoner, appeals pro se the magistrate judge's denial of his petition for a writ of habeas corpus. 28 U.S.C. Sec. 2241. President contends that his parole rev...

  • United States v. Olivas
    25 F3d 1059
    A Kansas state highway patrol trooper stopped the vehicle in which Mr. Olivas was a passenger for speeding and passing without signalling. The driver of the vehicle and codefendant, Mr. Alvarado, was...

  • United States v. Alvarado
    25 F3d 1058
    Before EBEL and KELLY, Circuit Judges, and COOK, District Judge. Mr. Alvarado appeals his conviction and sentence for (1) conspiracy to possess, and (2) possession, both with intent to distribute le...

  • United States v. Haines
    24 F3d 250
    MEMORANDUM Randy Gordon Haines appeals the 65-month sentence imposed following his guilty plea to bank robbery in violation of 18 U.S.C. Sec. 2113(a). Haines claims the district court did not find t...

  • United States v. D Kawa
    25 F3d 1059
    Grant D. Kawa appeals his conviction for driving under the influence of alcohol on Hill Air Force Base. The offense was tried in federal court under the Assimilative Crimes Act, 18 U.S.C. 13. We aff...

  • United States v. Cordova Leyva
    24 F3d 250
    Martina Cordova-Leyva appeals his conviction following entry of a conditional guilty plea to illegal reentry into the United states after deportation subsequent to the commission of an aggravated felo...

  • Wiley v. G Borg
    24 F3d 252
    James Ray Wiley appeals the district court's denial of his petition for writ of habeas corpus. Wiley contends, first, that the Double Jeopardy Clause barred his retrial on felony-murder charges and, ...

  • United States v. Kearney
    24 F3d 250
    MEMORANDUM Daniel Robert Kearney appeals his 46-month sentence imposed following his guilty plea to knowing possession of an unregistered firearm in violation of 26 U.S.C. Sec. 5861(d). Kearney cont...

  • United States v. Meier
    24 F3d 251
    MEMORANDUM Leon Paul Meier appeals the 140-month sentence imposed following his guilty plea to conspiracy to manufacture, possess with intent to distribute, and distribute methamphetamine in violatio...

  • United States v. D Heath
    24 F3d 250
    MEMORANDUM Michael D. Heath appeals his 120-month sentence imposed following entry of a guilty plea to possession with intent to distribute five or more kilograms of cocaine in violation of 21 U.S.C....

  • United States v. Jackson
    24 F3d 250
    MEMORANDUM Kenner Fitzgerald Jackson was convicted on four counts of unarmed bank robbery in violation of 18 U.S.C. Sec. 2113(a). He appeals his conviction on only count one and count four contendin...

  • United States v. Nymark
    24 F3d 251
    MEMORANDUM Roald Paul Nymark appeals his conviction, which followed a jury trial, for wire fraud in violation of 18 U.S.C. Secs. 1343, 2. Nymark claims, first, that the evidence was insufficient to ...

  • Cross v. R Cody
    25 F3d 1056
    After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); ...

  • United States v. Navarro
    24 F3d 251
    MEMORANDUM Genaro Navarro appeals his conviction following jury trial for possession of marijuana with intent to distribute in violation of 21 U.S.C. Sec. 841, using or carrying a firearm during and ...

  • Stempleski v. United States
    23 F3d 408
    Stanley Stempleski, a pro se Michigan resident, appeals a district court judgment affirming the Secretary's decision directing him to repay the government an overpayment in benefits of $1,575. Stempl...

  • Pershing Division Of Donaldson Lufkin Jenrette Securities Corporation v. United States
    22 F3d 741
    Jeffrey P. DeJong (argued), Robert P. Bramnik, Altheimer & Gray, Chicago, IL, for plaintiff-appellee. Eileen M. Marutzky, Asst. U.S. Atty., Office of the U.S. Atty., Criminal Div., Chicago, IL, ...

  • Gordon v. E Nagle
    19 F3d 640
    In this case we have certified to the Supreme Court of Alabama the following question: Does the failure to inform an age-qualified defendant of his right to apply for youthful offender status deprive...

  • United States v. E Sandles
    23 F3d 1121
    After a four-day trial, a jury convicted John E. Sandles ("Sandles") of five counts of bank robbery in violation of 18 U.S.C. Sec. 2113(a). The district court sentenced Sandles to several concurrent ...

  • Tj Thompson v. United States
    23 F3d 408
    T.J. Thompson, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate sentenced filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a panel of the ...

  • Awad v. United States
    23 F3d 406
    Mounir Awad, a federal prisoner, requests the appointment of counsel for purposes of oral argument and appeals a district court order which denied his motion to vacate sentence filed under 28 U.S.C. S...

  • United States v. J McKinley
    23 F3d 181
    Michael J. McKinley was convicted in the district court of two counts of violating 18 U.S.C. Sec. 922(g) as a convicted felon in possession of a firearm and ammunition. He appeals various aspects of ...

  • United States v. Coy
    19 F3d 629
    The defendants were convicted of various crimes involving the importation and distribution of marijuana. On appeal, the defendants challenge their convictions. The Government challenges the defendan...

  • United States v. Parker E
    19 F3d 638
    Eric Antonio Parker ("Parker") was convicted in the District Court for the Northern District of Florida ("Tallahassee case") of two counts of distribution and possession with intent to distribute crac...

  • Tolle v. Carroll Touch Inc
    23 F3d 174
    Evan A. Strawn (argued), Bloomington, IL, for plaintiff-appellant. Ray E. Alexander, Requa & Alexander, Springfield, IL, Vincent Candiello (argued), Morgan, Lewis & Bockius, Harrisburg, PA, ...

  • United States v. Gutierrez Zamarano
    23 F3d 235
    Appellant Hector Gutierrez-Zamarano ("Appellant") was charged with conspiracy to possess cocaine with the intent to distribute and attempted possession of cocaine with the intent to distribute in viol...

  • United States v. Lopez
    24 F3d 251
    Before: BRIGHT, WIGGINS, and T.G. NELSON, Circuit Judges MEMORANDUM Pursuant to a plea agreement, Lopez ("Appellant") pleaded guilty to two counts of unarmed bank robbery. The district court sent...

  • United States v. Sukiz Grado
    22 F3d 1006
    Lorenzo Sukiz-Grado entered a conditional guilty plea to possessing less than fifty kilograms of marijuana with intent to distribute in violation of 21 U.S.C. Secs. 841(a)(1), 841(b)(1)(D). He was se...

  • Rivers v. Roadway Express Inc
    511 US 298
    Section 101 of the Civil Rights Act of 1991, Pub.L. No. 102-166, 105 Stat. 1071, defines the term "make and enforce contracts" as used in § 1 of the Civil Rights Act of 1866, Rev. Stat.1977, 42 U...

  • United States v. Casilla
    20 F3d 600
    Marjory C. Batsell, Rodriguez, Colvin & Chaney, Brownsville, TX (Court-appointed), for Casilla. Mary Lou Ryan Ray, Ransome & Ray, Brownsville, TX (Court-appointed), for Torres. Dola Young,...

  • United States v. P Reddeck
    22 F3d 1504
    Mr. Edward Reddeck was convicted of multiple counts of mail fraud, under 18 U.S.C. Sec. 1341, and one count of using a fictitious and false name, under 18 U.S.C. Sec. 1342, in connection with his oper...

  • United States v. F Robinson
    23 F3d 409
    The defendant, Gail Robinson, appeals the sentence she received for embezzlement in violation of 18 U.S.C. Sec. 656. Robinson was a bank teller at Comerica Bank who was accused of embezzling over $40...

  • United States v. Martinez Tinoco
    24 F3d 251
    Before: WIGGINS and T.G. NELSON, Circuit Judges, and REED, District Judge. MEMORANDUM Ismael Duarte and Pedro Martinez-Tinoco, aka Arturo Morales-Tsintzun (Morales), appeal from their jury convict...

  • Pendleton v. Conoco Inc
    23 F3d 281
    Frank D. Neville, Scott E. Ortiz and Richard L. Williams of Williams, Porter, Day & Neville, P.C., Casper, WY, for defendant-appellant. Harold F. Buck of Buck Law Offices, Cheyenne, WY, for plai...

  • Cassell v. Osborn E Cassell
    23 F3d 394
    Plaintiff James E. Cassell, appeals pro se from the district court's dismissal of three civil rights com- plaints under 28 U.S.C. Sec. 1915(d). The appeal raises a preliminary question as to the prop...

  • United States Of America v. Plourde
    23 F3d 395
    APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. D. Brock Hornby, U.S. District Judge ] Tina Schneider, by Appointment of the Court, for appellant. Margaret D. McGaugh...

  • Sanzetenea Justiniano v. Us Immigration and Naturalization Service
    23 F3d 402
    Jaime Sanzetenea-Justiniano filed a petition for review of the Board of Immigration Appeals' (BIA) decision denying his request for a waiver of deportation pursuant to 8 U.S.C.A.Sec. 1182(c) (West Sup...

  • Parham v. Smith
    23 F3d 402
    John Wilson Parham appeals from the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition for failing to exhaust state remedies. We affirm. The circuit court convicted Wi...

  • United States v. Carr
    23 F3d 403
    A jury convicted Donihue Carr of possession with intent to distribute heroin in violation of 21 U.S.C.A. Sec. 841(a)(1) (West 1981 & Supp.1993) (Count 1), use of a firearm during and in relation t...

  • United States v. Jhh
    22 F3d 821
    Appellants J.H.H., L.M.J., and R.A.V. appeal their convictions pursuant to 18 U.S.C. Sec. 5031 (1988) for acts of juvenile delinquency, those acts consisting of having conspired to infringe upon civil...

  • Landgraf v. Usi Film Products
    511 US 244
    The Civil Rights Act of 1991 (1991 Act or Act) creates a right to recover compensatory and punitive damages for certain violations of Title VII of the Civil Rights Act of 1964. See Rev.Stat. § 1...

  • United States v. Rios
    22 F3d 1024
    Defendant Jorge Garcia Rios, who pleaded guilty to distributing approximately two ounces of cocaine in violation of 21 U.S.C. Sec. 841(a)(1), appeals his sentence. We have jurisdiction pursuant to 18...

  • Jarrett v. Us Sprint Communications Company
    22 F3d 256
    Karon D. Ramsey, Kansas City, MO, for plaintiff-appellant. J. Nick Badgerow, Spencer Fane Britt & Browne, Overland Park, KS, for defendant-appellee. Before MOORE, Circuit Judge, McWILLIAMS, Se...

  • Davis v. Champion
    21 F3d 1121
    The basis for Mr. Davis' due process claim that he was improperly denied his right to a twelve-person jury stems from an incident during trial. While the jury was deliberating, one of the jurors bega...

  • United States v. Gutierrez Zamarano
    24 F3d 250
    MEMORANDUM Appellant Hector Gutierrez-Zamarano was charged with conspiracy to possess cocaine with the intent to distribute and attempted possession of cocaine with the intent to distribute in violat...

  • United States v. Lartigue
    23 F3d 409
    Defendants-Appellants, Xavier Cardel Lartigue and William E. Haney, appeal their convictions for Conspiracy to Possess with Intent to Distribute Cocaine in violation of 21 U.S.C. Sec. 846 (Count I), a...

  • United States v. Mandilakis
    23 F3d 278
    Michael Mandilakis pleaded guilty to receipt of stolen property in violation of 18 U.S.C. Secs. 2315 and 2, and the district court sentenced him to thirty-three months' imprisonment. Mr. Mandilakis c...

  • United States v. Hampton
    24 F3d 250
    MEMORANDUM A jury convicted Hampton of 25 counts of mail and wire fraud arising from a telemarketing scheme. On this direct appeal the only claims before us relate to ineffective assistance. We dec...

  • Stansbury v. California
    511 US 318
    This case concerns the rules for determining whether a person being questioned by law enforcement officers is held in custody, and thus entitled to the warnings required by Miranda v. Arizona, 384 U.S...

  • United States v. Garcia
    19 F3d 1123
    Defendant Juan Martin Garcia appeals his conviction for drug conspiracy and sentence of 240 months imprisonment followed by five years of supervised release. The issues he raises are whether: (1) hi...

  • United States v. Jimenez
    24 F3d 250
    MEMORANDUM Maria Jimenez, a lawful resident of the United States, drove Adriana Vasquez-Lara, an illegal alien, through a customs checkpoint in California. After an immigration agent discovered that...

  • United States v. E Maberry
    21 F3d 1122
    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); 10t...

  • Cameron v. Ts Payne
    23 F3d 399
    T.S. Payne and Glynn A. Smith appeal from the magistrate judge's order denying their motion for summary judgment. Because we find that they were entitled to qualified immunity, we reverse the decisio...

  • Donahue v. Casey
    21 F3d 1112
    Before: ALARCON and FERNANDEZ, Circuit Judges, and HILL, District Judge. MEMORANDUM Gregory Winters, the captain of the San Francisco police department's Richmond Station, appeals the district cou...

  • Chambers v. United States
    22 F3d 939
    Even if X-Citement Video could be considered to create a new rule, there is another independent basis for our holding. Teague's non-retroactivity principle does not apply to substantive decisions lik...

  • Marchand v. Mercy Medical Center K Do
    22 F3d 933
    A jury awarded Kevin Marchand $4.2 million in a medical malpractice action. He then petitioned to recover attorneys' fees and costs under Fed.R.Civ.P. 37(c), because three defendants failed to admit ...

  • Cevallos Vargas v. Borg
    21 F3d 1119
    MEMORANDUM Julian Cevallos Vargas filed a petition for writ of habeas corpus in the district court pursuant to 28 U.S.C. Sec. 2254. He claimed that there was insufficient evidence to support his con...

  • United States v. A Joseph
    23 F3d 404
    Sylvan Joseph was convicted at a bench trial of one count of distributing cocaine in violation of 21 U.S.C. Sec. 841(a)(1) (1988). Joseph claims on appeal that there was insufficient evidence to conv...

  • United States v. Chukwuemeka Afamefuna Ngenegbo
    23 F3d 404
    Chukwuemeka Afamefuna Ngenegbo appeals his conviction and sentence on four counts of false representation of a social security number in violation of 42 U.S.C.A. Sec. 408(a)(7)(B) (West 1991). For th...

  • United States v. E Scheckel
    21 F3d 1123
    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); 10t...

  • Brown v. Shillinger
    21 F3d 1120
    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); 10t...

  • Demuniz v. Oregon Parole Board
    21 F3d 1112
    MEMORANDUM Taisto Rivera Demuniz appeals the district court's denial of his habeas petition challenging the Oregon Board of Parole's failure to inform him of his right to appeal the Board's decision ...

  • Naftel v. Woods
    21 F3d 1114
    MEMORANDUM Arnold Naftel, an Arizona state prisoner, appeals pro se the district court's judgment after a jury trial and partial summary judgment for the defendant prison officials in Naftel's 42 U.S...

  • United States v. P Lawton
    21 F3d 1117
    MEMORANDUM Defendant Michael Lawton appeals the district court's imposition of consecutive sentences for his convictions of manufacturing marijuana and importation of obscene material. We have juris...

  • Henry v. J Speckard R
    22 F3d 1209
    Petitioner John Lee Henry, a New York State ("State") prisoner convicted on one count of sexually assaulting his girlfriend's nine-year-old daughter, appeals from a judgment of the United States Distr...

  • Houston v. G Borg
    21 F3d 1113
    MEMORANDUM Appellant argues that the district court improperly denied his habeas petition when it rejected his arguments that there was insufficient evidence, that his trial and appellate counsel wer...

  • Mortensen v. Morton
    21 F3d 1114
    MEMORANDUM Darren Mortensen, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2241 petition for habeas corpus. We review de novo, Grady v. Crabtree, 958 F.2d 874...

  • United States v. Padilla Castillo
    21 F3d 1118
    Before: CHOY, SKOPIL, FERGUSON, Circuit Judges MEMORANDUM Jorge Padilla-Castillo appeals his conviction on charges of illegal reentry after deportation in violation of 8 U.S.C. Sec. 1326. He conte...

  • United States v. T Winter
    22 F3d 15
    It is common wisdom that the past is prologue, foreshadowing the future. When convicted criminals rise to be sentenced in a federal court, the career offender guideline, U.S.S.G. Sec. 4B1.1, imbues t...

  • United States v. Lagarda Lagarda
    21 F3d 1117
    MEMORANDUM Pursuant to a plea agreement, defendant plead guilty to violation of 8 U.S.C. Sec. 1326(a) (1988), Illegal Reentry by an Alien After Deportation. The district court sentenced defendant to...

  • Murillo Cabrera v. Immigration and Naturalization Service
    21 F3d 1114
    Before: HALL, LEAVY, and FERNANDEZ, Circuit Judges MEMORANDUM Francisco Murillo-Cabrera, a citizen of Mexico, petitions for review of the Board of Immigration Appeals' dismissal of his appeal of an...

  • Degross v. Hames
    21 F3d 1112
    Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges MEMORANDUM Petitioner Sidney DeGross appeals the district court's denial of a petition for writ of habeas corpus. We have jurisdiction pursu...

  • St Amand v. Smith
    21 F3d 1115
    MEMORANDUM Ervin Charles St. Amand, a Nevada state prisoner, appeals the district court's grant of summary judgment to the defendants in his action under 42 U.S.C. Sec. 1983. We have jurisdiction un...

  • United States v. L Taylor
    21 F3d 1118
    Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges MEMORANDUM Defendant Michael Taylor pleaded guilty to unarmed bank robbery in violation of 18 U.S.C. Sec. 2113(a). He appeals the district co...

  • Paredes Urrestarazu v. Us Immigration and Naturalization Service
    22 F3d 909
    Byron Paredes-Urrestarazu ("Petitioner") petitions this court for review of a decision of the Board of Immigration Appeals ("BIA" or "Board") that found him deportable under section 241(a)(4) of the I...

  • Trowery v. United States
    21 F3d 1116
    MEMORANDUM Martin Trowery, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate his sentence imposed following a jury trial. Trowery was convict...

  • United States v. L Lee
    22 F3d 736
    In March 1993, defendant pleaded guilty to two counts of knowingly possessing a firearm as a convicted felon in violation of 18 U.S.C. Sec. 922(g). In July 1993, defendant was sentenced to 52 months ...

  • United States v. Wallace
    22 F3d 84
    James Darnell Wallace challenges on various grounds the sentence that followed his plea of guilty to a charge of conspiracy to distribute fifty or more grams of cocaine base in violation of 21 U.S.C. ...

  • Rivera Ramirez v. United States Parole Board
    21 F3d 1115
    MEMORANDUM Hipolito Rivera-Ramirez, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2241 petition for a writ of habeas corpus, challenging the United States Parol...

  • Underwager v. Salter
    22 F3d 730
    Psychologists Ralph Underwager and Hollida Wakefield have written two books: Accusations of Child Sexual Abuse (1988), and The Real World of Child Interrogations (1990). They conclude that most accu...

  • United States v. Giraldo Parra
    21 F3d 420
    A jury convicted defendant-appellant Jairo Giraldo Parra of conspiracy to possess cocaine and heroin with intent to distribute, 21 U.S.C. Sec. 846; and possession of cocaine and heroin with intent to ...

  • United States v. Robinson
    22 F3d 195
    Walter Robinson and Dion Robinson were found guilty of conspiracy to distribute cocaine and possession with intent to distribute cocaine. See 18 U.S.C. Sec. 2; 21 U.S.C. Secs. 841(a) and (b)(1)(B)(i...

  • United States v. Williams
    23 F3d 409
    The defendants, Charlie Lee Williams and Gordon Sexton, appeal the district court's decisions which affirmed the magistrate judge's conclusions that both defendants should be detained pending trial. ...

  • United States v. Ball
    22 F3d 197
    Earl Emanuel Ball and L.C. Dewayne Johnson, Jr., appeal their convictions for entering a bank with intent to commit robbery in violation of 18 U.S.C. Sec. 2113(a). The defendants claim their convicti...

  • United States v. Deisch
    20 F3d 139
    Defendant-appellant Terry Ann Deisch (Deisch) appeals her conviction and five year sentence for simple possession of cocaine base in violation of 21 U.S.C. Sec. 844. Deisch asserts that the district ...

  • United States v. Shilt
    21 F3d 1118
    Before: SKOPIL, NORRIS, and O'SCANNLAIN, Circuit Judges MEMORANDUM Robert Shilt appeals his sentence entered on a guilty plea pursuant to a plea agreement. Shilt argues that his plea and his waive...

  • Mansour v. Immigration and Naturalization Service
    23 F3d 407
    This case comes before us on a petition for review of an order in which the Board of Immigration Appeals denied an application for discretionary relief from deportation. Finding no abuse of discretio...

  • United States v. Mladosich Navejar
    21 F3d 1118
    MEMORANDUM Mladosich was convicted of being found in the United States after having been deported. 8 U.S.C. Sec. 1326(a), (b)(1). We affirm. His first indictment was dismissed without prejudice, b...

  • Littleton v. United States
    23 F3d 407
    Before: BOGGS and SILER, Circuit Judges, and HOLSCHUH, Chief District Judge. Joe Ray Littleton appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. Se...

  • Koray v. Sizer
    21 F3d 558
    On April 23, 1991, Ziya Koray was arrested for laundering monetary instruments in violation of 18 U.S.C. Sec. 1956(a)(1). On June 18, 1991, Koray entered a guilty plea. On June 25, 1991, a federal M...

  • Jamerson v. State Of California
    21 F3d 1113
    MEMORANDUM Larry D. Jamerson, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Jamerson challenges his conv...

  • United States v. V Johnson
    22 F3d 106
    This criminal appeal raises a double jeopardy question arising from the enforcement of two federal criminal statutes, the armed carjacking statute and the armed violence enhancement statute, as well a...

  • National Trust For Historic Preservation In United States
    21 F3d 469
    Concurring opinion filed by Circuit Judge WALD in which Circuit Judge SILBERMAN joins. Concurring opinion filed by Circuit Judge RANDOLPH. Upon consideration of the briefs and oral argument on reh...

  • United States v. H Koach
    21 F3d 1117
    MEMORANDUM Bradley H. Koach and Charles E. Colburn, III were charged with numerous counts of securities fraud arising out of a 1986 scheme to obtain money (to pay off investors in earlier deals) by i...

  • United States v. A Haversat
    22 F3d 790
    Robert A. Haversat and David B. Gibson each pleaded nolo contendere to a single count of conspiring to fix prices in violation of section 1 of the Sherman Antitrust Act, 15 U.S.C. Sec. 1. The distric...

  • Figueroa v. F Pontesso
    21 F3d 1113
    MEMORANDUM Frederico M. Figueroa, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2241 habeas petition alleging that he was deprived of his liberty interest in a ...

  • United States v. Higa
    21 F3d 1117
    MEMORANDUM Toshi Kazu Higa appeals his conviction following a jury trial for embezzlement in violation of 18 U.S.C. Sec. 656. Higa contends that: (1) the district court erred by excluding the testi...

  • United States v. Ray Aka
    21 F3d 1134
    Within one month David Ray robbed the same bank twice. Both times he approached a teller and ordered her to turn over cash or he would "blow [her] head off." The tellers involved did not see a weap...

  • United States v. Molina
    21 F3d 1118
    MEMORANDUM Guadalupe Gregoria Molina appeals her conviction for concealment of illegally imported narcotics, illegal sale of narcotics, and illegal transfer of narcotics, in violation of 21 U.S.C. Se...

  • United States v. D Beus
    21 F3d 1116
    MEMORANDUM Appellant Stanley D. Beus ("Beus") appeals his criminal conviction under 26 U.S.C. Sec. 7206(2) for eight counts of aiding or advising in the preparation of fraudulent or false tax documen...

  • Howard v. Co Ii Barnett Cco I Co I
    21 F3d 868
    Keith Howard, a Missouri prisoner, sued Terry Barnett, a Missouri corrections officer, claiming that Barnett violated the Cruel and Unusual Punishments Clause of the Eighth Amendment of the United Sta...

  • Ervin v. Craig K 9
    21 F3d 1112
    MEMORANDUM In October of 1989, appellant James Ervin was arrested following a car chase. During the arrest, the police used a dog to subdue him. Ervin claims the police directed the dog to bite and...

  • United States v. Green
    21 F3d 1117
    MEMORANDUM Steven Douglas Green ("Green") appeals from his conviction of one count of conspiracy to possess and distribute methamphetamine, in violation of 21 U.S.C. Secs. 841(a)(1) and 846. He cont...

  • Bruggeman v. Lewis
    21 F3d 1111
    MEMORANDUM Arizona state prisoner Ronald J. Bruggeman appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action prior to service of process. Bruggeman, who claims to suffer fro...

  • United States v. Jeffus
    22 F3d 554
    Edward Dane Jeffus pled guilty to drug charges, reserving for appellate review his motions to suppress incriminating evidence seized in four separate searches. See Fed.R.Crim.Proc. 11(a)(2). The fir...

  • United States v. Scudder
    21 F3d 1123
    Defendant John Charles Scudder was convicted of possession with intent to distribute less than fifty kilograms of marijuana under 21 U.S.C. 841(a)(1) and 841(b)(1)(D). He appeals from an order of the...

  • United States v. Berry
    21 F3d 1116
    MEMORANDUM John Berry, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence. Berry was convicted of manuf...

  • United States v. J Klump
    21 F3d 1117
    MEMORANDUM Ronald J. Klump appeals his sentence under the Sentencing Guidelines. He objects to a three-point enhancement for an official victim under U.S.S.G. Sec. 3A1.2. We hold that under the cir...

  • Allen v. Clackamas County Jail
    21 F3d 1111
    MEMORANDUM Edward E. Allen, an Oregon state prisoner, appeals pro se the district court's order granting defendants' motion for summary judgment on certain claims, and the dismissal of his remaining ...

  • Perez v. Goldsmith
    21 F3d 1115
    MEMORANDUM Louie Eddie Perez, an Arizona state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for six counts of sexual assa...

  • United States v. Martinez
    21 F3d 1117
    MEMORANDUM Julio Caesar Martinez appeals his conviction following a jury trial for conspiracy, distribution, possession with intent to distribute a controlled substance, unlawful use of a communicati...

  • Aylwin v. United States
    21 F3d 1111
    MEMORANDUM Rufus Aylwin, a federal prisoner, appeals pro se the denial of his 28 U.S.C. Sec. 2255 motion. In 1967, Aylwin pleaded guilty to importation of marijuana and was sentenced to six years im...

  • United States v. Kygar
    21 F3d 1117
    MEMORANDUM Raymond Kygar appeals his conviction for possession of methamphetamine in violation of 21 U.S.C. Sec. 841(a)(1). He contends that the trial court erred by admitting evidence obtained from...

  • United States v. High
    23 F3d 409
    Defendant Kenneth High appeals his jury convictions for conspiracy to distribute and possess with intent to distribute cocaine and marijuana, in violation of 21 U.S.C. Sec. 846, and possession with in...

  • United States v. Jemmott
    21 F3d 426
    Appellant, Francina Margarita Jemmott, having had her motion to suppress evidence denied, pled guilty to possession with intent to distribute cocaine and cocaine base (crack) in violation of Title 21 ...

  • Prowell v. Overton
    23 F3d 408
    This pro se Michigan prisoner appeals a district court judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. Sec. 2254. The case has been referred to a panel of the court...

  • United States v. Acanda
    19 F3d 616
    Appellant Elizabeth Acanda ("Acanda") appeals her sentence imposed by the United States District Court for the Southern District of Florida. The issue presented on appeal is whether the district cour...

  • United States v. Hoover
    21 F3d 426
    This matter involves two related criminal cases in which the Defendants below entered pleas of guilty. Defendants/Appellants appeal on the grounds that the district court erred in denying a request f...

  • United States v. Russell
    21 F3d 426
    Appellant Eugene Harrington Russell was found guilty of possession of cocaine with intent to distribute, in violation of 21 U.S.C.A. Secs. 841(a)(1), (b)(1)(B) (West 1981 & Supp.1993). Russell ap...

  • United States v. Powell
    21 F3d 426
    The question in this case is whether the district court committed plain error in admitting certain testimonial evidence at trial. Because we find that there was no such error, we affirm the defendant...

  • United States v. K Baker L
    19 F3d 605
    Defendants Russell K. Baker Jr. and Roger L. Baker were convicted of mail fraud, money laundering, and related charges for their parts in a scheme to defraud their former employer, a corporate defense...

  • United States v. F Melvin
    27 F3d 703
    In this case, James F. Melvin, Michael C. Habicht, Patrick J. Nee, Robert Emmett Joyce, James M. Murphy, Jr., and Michael O. McNaught challenge their convictions and sentences in connection with an at...

  • United States v. Faubion
    19 F3d 226
    The defendant/appellant in this case, Mary Jean Faubion, assigns two points of error to the district court's denial of her section 2255 motion. First, she contends that the court erred when it reject...

  • United States v. Gordon
    23 F3d 408
    Ernest Gordon appeals his judgment of conviction entered on his plea of guilty to one count of conspiracy to distribute more than 500 grams of cocaine in violation of 21 U.S.C. Secs. 846 and 841(a). ...

  • Traylor v. United States
    23 F3d 408
    This is an appeal from an order denying a motion to vacate sentence filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circu...

  • United States v. Guarino
    24 F3d 250
    MEMORANDUM The United States appeals the sentences imposed under the Sentencing Guidelines on Anthony Charles Guarino, Timothy Richard Guarino, and Paul Eller Riggin, Jr. in connection with their res...

  • United States v. Novoa
    21 F3d 420
    In this appeal, defendant-appellant Mauricio Carrera Novoa, a/k/a John Pimental and Jose Pimental, challenges his conviction for one count of possession of cocaine with intent to distribute, see 21 U....

  • Beauchamp v. J Sullivan
    21 F3d 789
    Gerald Beauchamp, an inmate of a state prison, seeks damages and other relief against state prison officials under 42 U.S.C. Sec. 1983, on the ground that the prison's policy regulating smoking by pri...

  • Gutierrez Diaz v. Immigration and Naturalization Service
    24 F3d 246
    MEMORANDUM Jose Gutierrez-Diaz appeals the decision of the Board of Immigration Appeals finding him deportable under 8 U.S.C. Sec. 1251(a)(4) as an alien convicted of two crimes involving moral turpi...

  • United States v. Magee Iii
    24 F3d 251
    Appellant delivered a note to his wife, via a friend, listing things he wanted picked up from the house, and ending with "Tell don't any statements," which phrase his wife interpreted as a threat inte...

  • Williams v. United States
    23 F3d 409
    Petitioner Robert Jewell Williams appeals pro se the denial of his motion to vacate his eight-year sentence filed under 28 U.S.C. Sec. 2255. We AFFIRM. Williams schemed to fraudulently obtain refun...

  • United States v. Buglione
    24 F3d 250
    Before: POOLE and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM John Edward Buglione appeals the sentence imposed following his guilty plea to being a felon in possession of a firear...

  • Rubish v. Lungren H Dcd
    24 F3d 249
    MEMORANDUM Robert Rubish has filed a petition for habeas corpus under 28 U.S.C. Sec. 2254 attacking his 1989 state conviction for second degree murder. The district court dismissed Rubish's petition...

  • Hansen v. Soldenwagner
    19 F3d 573
    This case involves First Amendment claims brought by a police officer under 42 U.S.C. Sec. 1983. The district court denied the individual defendants' motion for summary judgment based on qualified im...

  • Hong v. Commissioner Internal Revenue Service
    24 F3d 246
    MEMORANDUM Kun Kim appeals the tax court's judgment upholding in part tax deficiencies and penalties assessed by the Internal Revenue Service for 1984, 1985, and 1986. Ae R. Hong appeals the tax cou...

  • Myers v. Estelle
    24 F3d 247
    MEMORANDUM Walter B. Myers, a California state prisoner, appeals the district court's denial of his habeas corpus petition. In his habeas petition, Myers contended that the trial court's admission o...

  • Lyons v. A Lewis
    24 F3d 247
    MEMORANDUM Jeffrey H. Lyons appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas corpus petition. Pursuant to a written plea agreement, Lyons pled guilty in Arizona state...

  • Rawlins v. Olson
    24 F3d 248
    MEMORANDUM Daniel Patrick Rawlins appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action for failure to state a claim. He contends the district court erred by finding the de...

  • United States v. Quiala
    19 F3d 569
    Quiala's first trial on cocaine charges began on July 16, 1990 in Key West, Florida. The captain of a freighter and the crew members, including Quiala, were tried together. The freighter had 3,000 p...

  • Thayer v. R Collins
    24 F3d 249
    Before: ALARCON and FERNANDEZ, Circuit Judges, and HILL, District Judge. MEMORANDUM Defendants Collins, Cox, See, Koshowski, Karstedt, Parks, Pinjuv, and John and Jane Does 1 Through 15 ("Officers...

  • Slaughter v. Estelle
    24 F3d 249
    Before: SCHROEDER, D.W. NELSON, and CANBY, CIRCUIT JUDGES MEMORANDUM Terry Slaughter, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas c...

  • Horn Parks v. Madison County Fiscal Court
    22 F3d 653
    In Doe v. Sullivan County, Tennessee, 956 F.2d 545, 550 (6th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 187, 121 L.Ed.2d 131 (1992), this Court held that proximate causation is an essential ele...

  • Milone v. Camp
    22 F3d 693
    This is an appeal from the denial of a writ of habeas corpus. The Court has jurisdiction over the appeal pursuant to 28 U.S.C. Secs. 1291 and 2253. Because petitioner has not demonstrated that any c...

  • United States v. Thibeault
    24 F3d 252
    MEMORANDUM John Thibeault appeals his sentence in the district court following his plea of guilty to one count of bank robbery. Mr. Thibeault argues the district court erred in adjusting his base of...

  • Williams v. United States
    21 F3d 433
    Thomas Williams appeals from an order entered in the District Court for the Eastern District of Missouri denying his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence. We affir...

  • United States v. L Washington
    21 F3d 433
    Lionel L. Washington appeals his convictions on conspiracy and weapons charges. Washington contends the evidence is insufficient to sustain his convictions. On review, we must construe the evidence ...

  • Monie v. United States
    21 F3d 432
    Orlando R. Monie appeals from the final order entered in the District Court for the Southern District of Iowa, denying his 28 U.S.C. Sec. 2255 motion to vacate his sentence and his motion for reconsid...

  • Nemer v. Immigration and Naturalization Service
    21 F3d 432
    George Boulos Nemer, a citizen of Lebanon, entered the United States in 1975 and was a legal resident of our country. In 1985 Nemer was convicted of two heroin-related felonies, making him deportable...

  • United States v. Jones
    24 F3d 1464
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs of counsel. The court is satsified, after reviewing the parties' briefs, ...

  • Crosby v. E Lecureux
    23 F3d 406
    Petitioner Herbert M. Crosby ("Crosby") appeals the judgment denying his petition for a writ of habeas corpus filed under 28 U.S.C. Sec. 2254. Crosby claims two police officers coerced him into confe...

  • United States v. Bryant
    24 F3d 1464
    The petition for review was considered on the record from the United States District Court for the District of Columbia, on the briefs of counsel, and on oral argument. The arguments have been accord...

  • United States v. Balderas
    27 F3d 567
    Defendants appeal their jury convictions and sentences. Sergio Balderas was convicted for conspiracy to distribute marijuana and to possess marijuana with intent to distribute, possession of marijuan...

  • Beverly v. Reno
    23 F3d 158
    After his conviction for federal narcotics violations was affirmed, United States v. Beverly, 913 F.2d 337 (7th Cir.1990), Alex Beverly brought this civil suit to obtain a declaration that the statute...

  • United States v. Brumby
    23 F3d 47
    Appellant appeals from a judgment of conviction of conspiracy to commit extortion entered upon her plea of guilty in the Eastern District of New York, Denis R. Hurley, District Judge. The court incr...

  • United States v. Arionus
    21 F3d 433
    Robert James Arionus appeals his drug-related conviction and his guidelines sentence. Arionus contends the evidence is insufficient to support the jury verdict. Arionus also contends the district co...

  • Yeaman v. State
    21 F3d 433
    Kenneth Yeaman appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. Yeaman argues that he is entitled to habeas relief because there was no...

  • United States v. Foley
    23 F3d 408
    Defendant-Appellant Ronald Ray Foley appeals his conviction and sentence on six narcotics counts. Foley asserts that the trial court made two errors which impacted upon his conviction and another two...

  • United States v. West
    24 F3d 252
    MEMORANDUM Kirby Andre West, Jr., appeals his sentence imposed following revocation of his probation. He contends that the district court failed to exercise its discretion in requiring service of a ...

  • United States v. Wagner
    24 F3d 252
    MEMORANDUM Dena Wagner appeals the terms of her probation following her plea of guilty to food stamp fraud. Ms. Wagner received stolen food stamps from Ms. Maas, a postal employee who was Ms. Wagner...

  • United States v. Consuegra
    22 F3d 788
    Tomas Rodriguez Consuegra pleaded guilty to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). At sentencing, the district court decided Consuegra was a...

  • Green v. United States
    23 F3d 406
    This is an appeal from the denial of a motion to vacate sentence filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit....

  • Bejjani v. Immigration and Naturalization Service
    23 F3d 406
    Pierrot Bejjani, a native of Lebanon, petitions through counsel for review of an order of the Board of Immigration Appeals affirming an Immigration Judge's denial of his application for a waiver of in...

  • United States v. C Krikava
    21 F3d 433
    Ernest C. Krikava appeals the sentence entered on a jury verdict finding him guilty of two counts of perjury. Krikava raises several contentions relating to the sufficiency of the indictment and the ...

  • Ec Henderson Ec Henderson v. Belknap
    18 F3d 1305
    E.C. and Phyllis Henderson (the Hendersons) filed a motion to avoid Lee Belknap's (Belknap) judicial lien on their homestead property pursuant to 11 U.S.C. Sec. 522(f)(1). The bankruptcy court denied...

  • Estey v. Commissioner Maine Department Of Human Services
    21 F3d 1198
    Plaintiffs appeal from a judgment on stipulated facts upholding a policy of the United States Department of Agriculture (USDA) that reduces their food stamp benefits. The district court upheld the US...

  • Cahill v. Liberty Mutual Insurance Co
    24 F3d 245
    Before: WIGGINS and T.G. NELSON, Circuit Judges, and REED, District Judge. MEMORANDUM The Cahills, appeal from the district court's orders granting Liberty Mutual Insurance's (hereinafter Liberty)...

  • Streater v. Duncan
    24 F3d 249
    MEMORANDUM Theodore Streater, a California State prisoner, sought habeas corpus relief from the district court on his claims that he was denied the right to represent himself, was denied due process ...

  • United States v. Jordan
    21 F3d 1122
    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); 10t...

  • United States v. Clemente D
    22 F3d 477
    Appellants Joseph Demolfetto, Thomas Albunio, Pasquale D. Mirenda, Anthony Cassera, James Sharkey, and Leonard Messana appeal from judgments of conviction entered in the United States District Court f...

  • Porter v. J Kimzey D
    21 F3d 1122
    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); 10t...

  • United States v. Palamino Perez
    24 F3d 1464
    This appeal was considered on the record from the United States District Court for the District of Columbia, on the briefs of counsel, and on oral argument. The issues have been accorded full conside...

  • United States v. Tellio
    24 F3d 252
    Before: HALL, LEAVY and FERNANDEZ, Circuit Judges MEMORANDUM Napolean Tellio and Luis Rodriguez Recio appeal the sentences which were reinstated by the district court after this court vacated the s...

  • People Of Territory Of Guam v. D Ridlon
    24 F3d 248
    Before: ALARCON and FERNANDEZ, Circuit Judges, and WILSON, District Judge. MEMORANDUM Anthony D. Ridlon appeals the decision of the Appellate Division of the District Court of Guam affirming his j...

  • United States v. Hinson
    21 F3d 1122
    Mr. Hinson was serving a ten-year state sentence when he was sentenced to forty-nine months on a federal offense, to be served concurrently with his state sentence in a state correctional facility. B...

  • Amato v. Securities and Exchange Commission
    18 F3d 1281
    Petition for Review of an Order of the Securities and Exchange Commission. Before HIGGINBOTHAM and DUHE, Circuit Judges, and STAGG, District Judge. STAGG, District Judge. Petitioner Amato seeks ...

  • Ute Citizens v. Ute Indian Tribe P Us E B M B N G L W L D E C M F
    21 F3d 1120
    The Ute Indian Tribe (defendant-appellant) appeals from a favorable judgment in the district court dismissing a suit against the Tribe on the grounds that the plaintiff (appellee), Affiliated Ute Citi...

  • United States v. Chan
    24 F3d 250
    MEMORANDUM Johnny Zin Chan was found guilty of extortion. 18 U.S.C. Sec. 1951. He was then sentenced to 46 months in prison. He appeals his conviction, which he says was supported by insufficient ...

  • United States v. Amuso
    21 F3d 1251
    Defendant-appellant Vittorio Amuso appeals from a judgment of conviction on charges of racketeering, extortion, fraud, bribery, and murder. The government charged Amuso, in a fifty-four count indictm...

  • United States v. Herrera
    23 F3d 74
    Defendant Luis Mario Herrera appeals the district court's dismissal of his motion under 28 U.S.C. Sec. 2255 to vacate his sentence. He contends that he is entitled to such relief because an instructi...

  • United States v. Houston
    21 F3d 1035
    Defendant Duane Douglas Houston entered a conditional guilty plea to charges of possession with intent to distribute less than 50 kilograms of marijuana, in violation of 21 U.S.C. Secs. 841(a)(1) and ...

  • Toney v. M Davis
    23 F3d 408
    In March, 1982, Valerie Williams, a young black female, was murdered in Chattanooga, Tennessee. Terry Slaughter, then a Chattanooga police detective, investigated the murder. The defendant, James M....

  • Affiliated Ute Citizens Of State Of Utah v. Ute Indian Tribe Of The Uintah and Ouray Reservation P Us
    22 F3d 254
    The Ute Indian Tribe (defendant-appellant) appeals from a favorable judgment in the district court dismissing a suit against the Tribe on the grounds that the plaintiff (appellee), Affiliated Ute Citi...

  • Vezzetti v. Pellegrini
    22 F3d 483
    Two former employees of the Town of Orangetown, New York, appeal the dismissal of their complaint alleging that they were fired on account of their political affiliation as Republicans. Plaintiffs-Ap...

  • United States v. Quiroz
    22 F3d 489
    In United States v. Quiroz, 13 F.3d 505 (2d Cir.1993), we vacated the conviction of Oscar Quiroz and remanded for a new trial on the ground that the district court had erred in admitting postarrest st...

  • United States v. Hayes
    23 F3d 408
    Both defendants were charged in a three-count indictment with conspiracy under 21 U.S.C. Secs. 846, 841(b)(1)(B)(vii) to manufacture, distribute and possess with intent to distribute marijuana; aidin...

  • United States v. Harmon
    21 F3d 425
    Howard Bryan Harmon, Jr., pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C.A.Sec. 922(g)(1) (West Supp.1993). The offense was committed while Harmon was serving a stat...

  • Dwyer v. Duval Warden McI Cedar Junction
    23 F3d 394
    Pro se inmate William Dwyer appeals from a district court judgment that summarily dismissed his habeas corpus petition as frivolous under Rule 4 of the Rules Governing Section 2254 78 Cases in the Uni...

  • United States v. Wright
    22 F3d 787
    William G. Jaco, Kansas City, MO. , for appellant David D. Newbert, Kansas City, MO. , for appellee Before LOKEN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and KYLE, District Judge. KYL...

  • United States v. A Sandoval
    20 F3d 134
    Convicted under 18 U.S.C. Sec. 201(b)(1) of two counts of bribing a public official, Juan Sandoval appeals, claiming that he was entrapped and that the counts on which he was convicted were multiplici...

  • United States v. Williams
    20 F3d 125
    We consider in these appeals the appellants's challenges to the trial court's definition of reasonable doubt. Guided by the Supreme Court's recent discussion of this issue in Victor v. Nebraska, --- ...

  • United States v. Cotton
    22 F3d 182
    A jury convicted Betty June Cotton of two counts of possessing cocaine base (crack cocaine) with intent to distribute, in violation of 21 U.S.C. Secs. 841(a)(1) and 841(b)(1)(B) (1988). Cotton appeal...

  • Wren v. McCain
    23 F3d 411
    Ronald R. Wren appeals the entry of summary judgment in favor of the defendants in this civil rights suit, 42 U.S.C. Sec. 1983. On appeal Wren asserts that his Fourth and Fourteenth Amendment rights ...

  • United States v. J Gabriele
    24 F3d 68
    Defendant Scott Gabriele pleaded guilty to one count of conspiracy, in violation of 18 U.S.C. Sec. 371, and two counts of making false statements to the Department of Housing and Urban Development, in...

  • Estate Of Hocker v. J Walsh
    22 F3d 995
    Jacinda Sue Hocker committed suicide by hanging herself while being detained at the Cleveland County Detention Center in Norman, Oklahoma. Plaintiff-appellant Jerry Hocker, the father of decedent and...

  • Morris v. Montgomery County Tennessee
    23 F3d 407
    This is a civil rights action in which the plaintiffs, Mary Mauricia Morris and her parents, assert a variety of claims arising out of Ms. Morris' arrest and institutionalization. The district court ...

  • United States v. Williams
    23 F3d 629
    Among the issues before us on this appeal is whether the Federal Magistrates Act and the Constitution bar a magistrate judge from administering an allocution to a defendant entering a guilty plea to a...

  • Forsyth v. Barr Vines
    19 F3d 1527
    At issue is a summary judgment awarded the appellees (City of Dallas and three of its police officers) on the appellants' claims under the Federal Wiretap Act, 18 U.S.C. Secs. 2510-2521: (1) for inte...

  • Smith v. Lafollette
    23 F3d 410
    This civil rights action arose out of the criminal prosecution of David J. Smith, a former Wisconsin attorney who was charged and convicted in Oneida County Circuit Court of the felonies of theft by f...

  • United States v. J Hirsch
    23 F3d 409
    Defendant-Appellant Alec J. Hirsch appeals the sentences imposed following his pleas of guilty to bank fraud, making false statements to the Small Business Administration, and making false statements ...

  • United States v. Oseguera Haros
    21 F3d 1118
    MEMORANDUM Efrain Oseguera-Haros appeals his conviction by a jury for conspiracy to distribute cocaine, distribution of cocaine, and carrying a firearm during and in relation to a narcotics offense. ...

  • United States v. T Reynolds
    21 F3d 1118
    MEMORANDUM This is an action by Robert Reynolds challenging his conviction for conspiracy to commit mail fraud in violation of 18 U.S.C. Secs. 371 and 1341. Reynolds asserts that he was denied a fai...

  • Jeb v. Alabama Tb
    511 US 127
    In Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), this Court held that the Equal Protection Clause of the Fourteenth Amendment governs the exercise of peremptory challenges by ...

  • Central Bank Of Denver Na v. First Interstate Bank Of Denver Na K
    511 US 164
    As we have interpreted it, § 10(b) of the Securities Exchange Act of 1934 imposes private civil liability on those who commit a manipulative or deceptive act in connection with the purchase or sa...

  • Schuck v. M Frank
    27 F3d 194
    Defendants, the Postmaster General and the United States Postal Service, appeal the decision of the District Court remanding this case to the Merit Systems Protection Board ("MSPB") for further consid...

  • United States v. Yates
    22 F3d 981
    Appellant Charles Matthew Yates pleaded guilty to abusive sexual contact with a child under the age of 12 years on an Indian reservation, in violation of 18 U.S.C. Secs. 1153 [offense committed within...

  • United States v. Stuart
    22 F3d 76
    Ben Renfro Stuart appeals from his judgment of conviction for receipt of stolen government property, which we will affirm. He also contends the district court misapplied the guidelines in the sentenc...

  • Pruitt v. D Hannigan
    25 F3d 1058
    Before BRORBY and EBEL, Circuit Judges, and KANE, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assis...

  • Lester v. J Jabe
    23 F3d 407
    Petitioner Melvin Kenneth Lester, pro se, appeals from the denial of his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254. We affirm the judgment of the district court. * Lester was a...

  • United States v. Rawson
    23 F3d 409
    This is an appeal from a criminal conviction in a drug case. The defendant pleaded guilty, but reserved his right to challenge the legality of a search warrant through which illegal narcotics, drug p...

  • United States v. P Aguilar
    21 F3d 1475
    The appellant, United States District Judge Robert Aguilar, was charged with five criminal violations. Trial was held on August 1, 1990. He was acquitted of three of the charges, and convicted of tw...

  • United States v. B Layne
    23 F3d 409
    The defendants, one of whom was an employee of the United States Postal Service, were found guilty of offenses arising out of thefts from the U.S. mail. The defendants have appealed both their convic...

  • United States v. Hoff
    22 F3d 222
    The Memorandum disposition filed on February 2, 1994, is redesignated a published Opinion. On October 14, 1992, Appellant George Hoff ("Hoff") was convicted and fined $100 for being in a restricted ...

  • Feroz v. Immigration and Naturalization Service
    22 F3d 225
    Mirahmad Feroz ("Feroz") is a native and citizen of Afghanistan. He travelled to the United States in 1987 on a business visa, and was at that time arrested at the airport in New York City by United ...

  • United States v. D Blalark
    23 F3d 408
    Jesse D. Blalark, Jr., appeals his sentence entered after his plea of guilty to two counts of armed bank robbery, in violation of 18 U.S.C. Secs. 2113(a) & (d), and one count of using a firearm du...

  • United States Of America v. Allen
    23 F3d 408
    This is an appeal from a conviction on charges that the defendant distributed cocaine base (crack cocaine) on two occasions in 1992, in violation of 21 U.S.C. Sec. 841(a)(1). The sole issue is whethe...

  • Wright v. Finance Service Of Norwalk Inc
    22 F3d 647
    Betty Wright, executrix for the estate of Gladys Finch, contends that she may collect $1,000 for every violation of the Fair Debt Collection Practices Act that Finance Service of Norwalk committed in ...

  • Jackson v. Ratelle
    21 F3d 1113
    MEMORANDUM California state prisoner Anthony B. Jackson appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition in which he alleged that he was a denied a fair trial because...

  • Parafinia v. Immigration and Naturalization Service
    21 F3d 1122
    Before BRORBY and EBEL, Circuit Judges, and KANE, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assis...

  • Adcox v. Teledyne Inc
    21 F3d 1381
    A group of former Teledyne employees appeals the district court's granting of summary judgment to defendants-appellees in the employees' suit seeking lost welfare benefits and damages under both the L...

  • Cornejo v. United States
    21 F3d 419
    Javier Cornejo appeals pro se a district court order summarily dismissing his motion under 28 U.S.C. Sec. 2255 to vacate, set aside or correct his sentence. He alleges that the district court erred i...

  • Herman v. Indeterminate Sentencing Review Board State Of Washington
    21 F3d 1113
    MEMORANDUM Petitioner, Don A. Herman, appearing pro se, appeals the district court's denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254 and, thus, the court's adoption o...

  • United States v. McDonald
    21 F3d 1117
    Before: BRIGHT, WIGGINS, and T.G. NELSON, Circuit Judges MEMORANDUM** On January 9, 1992, Gary Wartenberg was arrested for possession of counterfeit notes. Wartenberg immediately told Secret Serv...

  • United States v. Dunn
    21 F3d 1116
    MEMORANDUM Beauford Dunn appeals the district court's denial of his motion to vacate, to set aside, or to correct his sentence pursuant to 28 U.S.C. Sec. 2255. Dunn was convicted and sentenced on Ma...

  • United States v. Jackson
    19 F3d 1003
    Robert Allen Jackson appeals from an order of the United States District Court for the Northern District of Texas denying his request for conditional release from his commitment pursuant to the provis...

  • Mitchell v. United States
    21 F3d 1114
    Before: GOODWIN, NORRIS, and O'SCANNLAIN, Circuit Judges MEMORANDUM Petitioner Ambrose Mitchell was convicted of, among other crimes, first degree murder. We affirmed his conviction on direct appe...

  • United States v. Bombela
    21 F3d 1116
    MEMORANDUM Richard Roy Bombela appeals his sentence under the Sentencing Guidelines as a career offender. Bombela argues that he is not a career offender because he does not have two prior convictio...

  • Stotts v. L Kernan
    21 F3d 1116
    MEMORANDUM Appellant Leroy A. Stotts ("Stotts"), a California state prisoner proceeding pro se, appeals the district court's denial of his petition for a writ of habeas corpus. Stotts was convicted ...

  • Wright v. Espy
    21 F3d 429
    This is an age discrimination suit, brought under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Secs. 621-34, against the Secretary of the United States Department of Agriculture. Under ...

  • Echevarria Granza v. Immigration and Naturalization Service
    24 F3d 245
    MEMORANDUM Americo Felix Echevarria-Granza petitions for review of the Board of Immigration Appeals' ("BIA") decision dismissing his appeal from an order of the Immigration Judge ("IJ") finding the a...

  • United States v. Rankin
    21 F3d 426
    Thurmond Wilford Rankin was convicted by a jury of various drug and firearm offenses. On appeal, Rankin's attorney has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), not...

  • United States v. D Walker
    21 F3d 426
    During the search of Zakeem Walker incident to his arrest for violating the Charleston, West Virginia, "open container" ordinance, a patrolman found crack cocaine in Walker's jacket. Walker appeals t...

  • Amsted Industries Incorporated v. Buckeye Steel Castings Company
    23 F3d 374
    The United States District Court for the Northern District of Illinois ordered Buckeye Steel Castings Company to pay Amsted Industries, Inc. $510,528.90 in attorney fees. This fee award included expe...

  • Ali v. Reno
    22 F3d 442
    Petitioner-Appellant Omar Ahmed Ali ("appellant") filed two petitions for writ of habeas corpus in the United States District Court for the Southern District of New York on July 9 and 12, 1993. His f...

  • United States v. Vasquez Lopez
    22 F3d 900
    Julio Cesar Vasquez-Lopez appeals his conviction for cultivating marijuana and using a firearm during and in relation to a drug trafficking offense. 21 U.S.C. Sec. 841(a)(1); 18 U.S.C. Sec. 924(c)(1...

  • Heins v. E Shalala
    22 F3d 157
    Norma Jean Heins ("Norma Jean") brought suit in the district court pursuant to 42 U.S.C. Sec. 405(g), seeking review of the Secretary of Health and Human Service's ("the Secretary") final decision tha...

  • United States v. R Gainer
    21 F3d 1122
    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. ...

  • Jenkins v. Union Pacific Railroad Company
    22 F3d 206
    Raymond Jenkins sued defendant Union Pacific Railroad Company under the Federal Employer's Liability Act, 45 U.S.C. Sec. 51 et seq. (FELA) for injuries he sustained during his employment. The jury d...

  • United States v. Colussi
    22 F3d 218
    David Paul Colussi appeals his 210-month sentence imposed following his guilty plea to bank robbery in violation of 18 U.S.C. Sec. 2113(a). Colussi contends the district court erred in denying Coluss...

  • United States v. Moore
    22 F3d 241
    Defendant Michael Moore entered a conditional guilty plea to charges of possession with intent to distribute cocaine and aiding and abetting such possession, in violation of 21 U.S.C. Sec. 841(a)(1), ...

  • United States v. Broyde
    22 F3d 441
    On this appeal from a judgment entered in the Eastern District of New York, Sterling Johnson, Jr., District Judge, which sentenced appellant to ten months imprisonment, three years supervised release,...

  • Thompson v. Kelly
    22 F3d 450
    Michael Thompson appeals from a judgment entered August 19, 1993 in the Western District of New York (Skretny, J.) dismissing his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. In 1980, Mi...

  • United States v. Soloranzo Barba
    24 F3d 252
    MEMORANDUM On February 25, 1992, DEA Special Agent Robert Dias received information from a confidential source that one Guillermo Barba ("Appellant") was conspiring to smuggle and import cocaine from...

  • 4nited States v. Mazzola
    21 F3d 426
    Gaspre Mazzola was convicted of possession with intent to distribute cocaine, in violation of 21 U.S.C.A. Sec. 841(a)(1) (West 1981 & Supp.1993), and use or possession of a firearm during or in re...

  • United States v. Beszborn
    21 F3d 62
    James L. Turner, Paula Offenhauser and Jimmy Sledge, Jr., Asst. U.S. Attys., Lawrence D. Finder, Acting U.S. Atty., Houston, TX, for appellant. Wendell A. Odom, Jr. Schaffer, Lambright, Odom & S...

  • United States v. 57000 In North Carolina National Bank Account Number 031028293
    21 F3d 425
    The government appeals from the district court's order granting James Bouler's motion for the return of his seized property. Concluding that the district court erred in holding that the seizure of Bo...

  • United States v. Hill
    19 F3d 984
    After a grand jury returned an eight-count indictment charging Gary Hill with racketeering, conspiracy to commit racketeering, aiding and abetting extortion under color of official right, and aiding a...

  • United States v. Pink
    21 F3d 426
    Herbert Carl Pink appeals his conviction and sentence for knowing possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1) (1988), 21 U.S.C.A. Sec. 841(b)(1)(B)(iii) (West...

  • United States v. Oconnor
    24 F3d 251
    MEMORANDUM Defendant, Clifford James O'Connor ("O'Connor"), appeals his jury conviction, contending that there was insufficient evidence to convict him on a single conspiracy charge. We find that su...

  • Lewis v. J Beddingfield
    20 F3d 123
    Rickey Lewis, an inmate at the Smith County Jail, filed a pro se 42 U.S.C. Sec. 1983 suit alleging that his arm was operated on and a blood sample taken without his consent and in violation of his con...

  • United States v. Delguercio
    21 F3d 425
    Anthony John Delguercio pled guilty and was sentenced for possessing machine guns in violation of 18 U.S.C.A.Sec. 922(o)(1) (West Supp.1993) and with illegally manufacturing firearms without having fi...

  • United States v. Sturdivant
    21 F3d 429
    This is an appeal by the United States from a sentence imposed in a criminal case. The defendant was convicted of conspiracy to distribute more than 50 grams of cocaine base. Under 21 U.S.C. Sec. 84...

  • Martin v. State
    21 F3d 1121
    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 ...

  • Campbell v. Wood O
    20 F3d 1050
    This order disposes of the various motions filed by the parties since we filed an opinion on February 8, 1994. * Campbell's petition for rehearing with suggestion for rehearing by the full court is ...

  • United States v. Rawe
    21 F3d 850
    Sonya Tillery Rawe appeals her 21-month sentence imposed by the District Court after she pleaded guilty to misprision of a felony, in violation of 18 U.S.C. Sec. 4 (1988). We affirm. Rawe was charg...

  • Gallagher v. Finney
    21 F3d 1121
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Benavides v. Us Immigration and Naturalization Service
    21 F3d 421
    Miguel Ernesto Benavides ("Benavides") appeals from a decision of the Board of Immigration Appeals ("BIA"), which affirms the Immigration Judge's ("IJ") denial of his application for asylum and withho...

  • Klagiss v. Trigg
    21 F3d 430
    An Indiana court sentenced petitioner-appellant Raymond I. Klagiss ("Klagiss") to imprisonment after a jury found him guilty of knowingly and intentionally placing his dependent mother in a situation ...

  • United States v. Smith
    21 F3d 429
    This is an appeal from defendant's conviction for aiding and abetting the possession of cocaine with intent to distribute, in violation of 21 U.S.C. Sec. 841(a)(1) and 18 U.S.C. Sec. 2. A five count ...

  • United States v. Navarro
    21 F3d 1122
    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); 10t...

  • St Surin v. Virgin Islands Daily News Inc
    21 F3d 1309
    Appellant, Gabriel St. Surin ("St. Surin"), appeals an order of the District Court of the Virgin Islands granting summary judgment for defendants, the Virgin Islands Daily News, Inc. ("Daily News") a...

  • United States v. M Mucciante
    21 F3d 1228
    Timothy M. Mucciante, a Detroit lawyer, concocted two fanciful investment fraud schemes in the late 1980s. His first scam was relatively modest: he created counterfeit Australian government bonds us...

  • United States v. Osemwenkhae
    21 F3d 1122
    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 ...

  • Leon Davila v. Immigration and Naturalization Service
    19 F3d 1370
    The sole issue before the Court is whether the Board of Immigration Appeals (the "BIA") properly reversed the decision of the immigration judge granting the petitioner's application for relief from de...

  • United States v. Connelley
    21 F3d 1122
    Before SEYMOUR, Chief Judge, TACHA, Circuit Judge, and VRATIL, District Judge. William Connelley was convicted after a jury trial of being a felon in possession of a firearm, in violation of 18 U.S....

  • United States v. Gutierrez
    21 F3d 1122
    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); 10t...

  • Orange v. R Cody
    21 F3d 1122
    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); 10t...

  • United States v. Harvin
    21 F3d 1122
    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); 10t...

  • United States v. L Robertson
    21 F3d 1030
    Marcus Robertson appeals the district court's denial of his motion to suppress evidence. Robertson claims that the warrant authorizing seizure of the evidence was too general, that no exception to th...

  • United States v. Gonzales
    19 F3d 982
    On January 24, 1993, Houston Police Department Officer Corley observed Juan Gonzales and co-defendant Salvador Infante get out of a cab at the bus terminal. Officer Corley noticed that the pair visua...

  • United States v. L Jones
    21 F3d 429
    Appellant-Defendant Albert L. Jones ("Jones") appeals his conviction and sentence following his guilty plea to possession with intent to distribute cocaine, in violation of 21 U.S.C. Sec. 841(a)(1). ...

  • United States v. E Hester
    21 F3d 428
    Clarence Hester and Donald James Davenport were each convicted after a jury trial on three counts of armed bank robbery, in violation of 18 U.S.C. Sec. 2113(d), three counts of conspiracy to commit ar...

  • 4united States v. J Laska
    21 F3d 429
    Defendant, Michael J. Laska, Jr., entered a conditional guilty plea to two counts of illegal asbestos handling, in violation of 42 U.S.C. Sec. 7413(c)(1). Laska now appeals the district court's denia...

  • Long v. M Frank
    22 F3d 54
    This appeal requires us to consider whether the statute of limitations applicable to civil actions by federal employees under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e-16(c), sho...

  • Roland v. Ew Phillips
    19 F3d 552
    In this interlocutory appeal, we decide for the first time in our circuit whether a county sheriff and deputy sheriffs are accorded absolute quasi-judicial immunity for acts done to enforce valid judi...

  • Hoo v. United States Parole Commission
    21 F3d 1116
    MEMORANDUM Henry Soo Hoo ("Soo Hoo"), a United States citizen, was convicted in Hong Kong for possession of a dangerous drug for the purpose of unlawful trafficking. Soo Hoo was sentenced to 13 year...

  • United States v. Richmond
    21 F3d 1118
    Before: ALDISERT, WIGGINS, and BRUNETTI, Circuit Judges MEMORANDUM In 1987, Kenneth Richmond ("Appellant") pleaded guilty to possession of cocaine base with intent to distribute, and was given a se...

  • Holloway v. A Olivarez
    24 F3d 246
    MEMORANDUM Calvin Lee Holloway, a state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 petition. After trial by jury, Holloway was convicted of robbery and sentenced...

  • United States v. Malave
    22 F3d 145
    After having pled guilty to the charge of conspiracy to distribute a controlled substance, defendant Frank Malave ("Malave") made a motion to withdraw his plea. The district court denied the motion a...

  • United States v. Ortega Valles
    21 F3d 1118
    MEMORANDUM Horacio Ortega-Valles appeals his sentence of 60 months imprisonment for possession of marijuana with intent to distribute it. He argues that the district court erred when it concluded th...

  • United States v. Harshefi
    21 F3d 426
    Appellants Adoram Harshefi, Michelle Harshefi, and Hillary Kellibrew were each convicted in the United States District Court for the District of Maryland of distribution and possession with intent to ...

  • Clark v. A Collins
    19 F3d 959
    The State of Texas appeals a grant of habeas corpus relief to Herman Robert Charles Clark, Jr., vacating the death sentence imposed on him due to a violation of Penry v. Lynaugh. Clark cross-appeals,...

  • Lochan v. Immigration and Naturalization Service
    21 F3d 1114
    MEMORANDUM Ram Lochan, an ethnic Indian citizen of Fiji, petitions for review of the decision of the Board of Immigration Appeals (BIA) upholding the Immigration Judge's (IJ) denial of Lochan's petit...

  • Jacobson Ej v. D and C Jacobson Ej
    26 F3d 138
    Appellants, Cox Paving Company, Howard Cox, Sidney Cox, Ted D. Lee, and Gunn, Lee & Miller appeal from the April 14, 1993 order of the United States District Court for the District of Arizona, No....

  • Hays v. Klauser
    21 F3d 1113
    MEMORANDUM Lee Hays, an Idaho prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. The district court dismissed Hays' petition as an...

  • American Star Insurance Co v. F Girdley L
    19 F3d 966
    The Court withdraws the opinion issued in this case dated Jan. 10, 1994, 12 F. 3d 49, and substitutes the following: We hold that an agreement requiring the agent of a bail bond company to indemnify ...

  • Gelis v. Sullivan
    24 F3d 246
    MEMORANDUM Steve R. Gelis, a federal prisoner, appeals pro se from the district court's order granting summary judgment in favor of the defendant prison officials. He claims the defendants improperl...

  • United States v. Puckett
    21 F3d 426
    Patricia Lynn Puckett was convicted of conspiracy to possess with intent to distribute Schedule II, III, and IV controlled substances in violation of 21 U.S.C.A. Sec. 846 (West Supp.1993). She was se...

  • United States v. Ziereis
    21 F3d 1119
    MEMORANDUM Joseph Jeffrey Ziereis ("Ziereis") appeals the restitution component of his sentence by challenging the district court's finding that he had the future ability to pay restitution in the am...

  • Sloman v. Tadlock
    21 F3d 1462
    The City of Simi Valley and Herman Hale, a Simi Valley Police Officer, appeal a judgment based on jury verdicts denying Hale qualified immunity and imposing liability on both Hale and the City under 4...

  • Wood v. Pearce
    24 F3d 252
    MEMORANDUM Hector C. Wood appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas corpus petition. The district court dismissed the action for lack of jurisdiction on the gro...

  • Matty v. Immigration and Naturalization Service
    21 F3d 428
    Sami Ayoub Matty, an Iraqi national living in the United States since 1976, appeals from a final deportation order by the Board of Immigration Appeals (BIA). He claims that he should have been deemed...

  • United States v. Jordan
    21 F3d 429
    Appellant--Defendant Gregory Jordan ("Jordan") appeals his sentence following his guilty plea to possession with intent to distribute crack cocaine, in violation of 21 U.S.C. Sec. 841(a)(1) and (b)(1)...

  • United States v. Partington
    21 F3d 714
    Patricia G. Blake, Office of U.S. Atty., Detroit, MI (argued and briefed), for U.S. Richard L. Lee, Jr., Sinclair, Mathieu & Lee, Midland, MI (argued and briefed), for Russell Partington. Befo...

  • Slezak v. Evatt F Plyler M
    21 F3d 590
    The district court, on recommendation of a magistrate judge, granted summary judgment to the defendants on all the claims. This appeal followed. On this appeal, we consider only one of the several ...

  • United States v. Lawrence
    21 F3d 429
    This is a consolidated appeal from the defendants' convictions and sentences on marijuana distribution charges. The defendants argue that the evidence was insufficient to prove their guilt beyond a r...

  • United States v. L King
    21 F3d 1302
    Harold E. Lucas, Jr. (argued), Harrisburg, PA, for appellant. Wayne P. Samuelson, U.S. Atty., William A. Behe (argued), Asst. U.S. Atty., Harrisburg, PA, for appellee. Before BECKER and NYGAARD, ...

  • Boucherie v. A Lowe
    21 F3d 1120
    ORDER AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R...

  • United States v. Silva
    21 F3d 1118
    MEMORANDUM Silva pleaded guilty to interstate transportation of six stolen blank checks. He provided a codefendant (Hill) with other stolen checks. During sentencing, the court increased his base o...

  • Pioneer Investment Services Company Cain Partnership Ltd v. Pioneer Investment Services Company
    21 F3d 428
    These three bankruptcy cases, consolidated for our disposition, arise from disputes over the rights to some 95 acres of leased property in Knox County, Tennessee. In 1974, appellants, the Cain Partne...

  • United States v. Jones
    24 F3d 250
    MEMORANDUM Delano Jones, a federal prisoner, appeals pro se the denial of his 28 U.S.C. Sec. 2255 motion to vacate his sentence imposed following his conviction for conspiracy to distribute cocaine i...

  • Davidson v. State Of Oregon
    24 F3d 245
    MEMORANDUM Frank Byron Willard Davidson, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. Davidson contends that he received ineffecti...

  • Alderman v. D Zant
    22 F3d 1541
    On June 23, 1992, the United States District Court for the Southern District of Georgia denied Alderman's petition for habeas corpus relief. On October 23, 1992, the district court granted Alderman a...

  • Faile v. Hope
    24 F3d 245
    MEMORANDUM Nevada state prisoner Brian S. Faile appeals pro se the district court's summary judgement in favor of police officials in Faile's 42 U.S.C. Sec. 1983 action, alleging that his civil right...

  • Barraz Meza v. Jl Sivley
    24 F3d 244
    MEMORANDUM Martin Barraz-Meza, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2241 habeas petition for lack of jurisdiction. We review de novo, Tripati v. H...

  • United States v. L Mitchell
    23 F3d 1
    Following his conviction on two arson-related offenses, defendant James Mitchell was ordered detained pending sentencing pursuant to 18 U.S.C. Sec. 3143(a)(2). He now appeals from this order, allegin...

  • Flanders v. R Meachum
    22 F3d 48
    Gary D. Weinberger, Asst. Federal Public Defender, Hartford, CT (Thomas G. Dennis, Federal Public Defender, Hartford, CT, of counsel), for petitioner-appellee. Before: VAN GRAAFEILAND and WINTER, C...

  • Estrada Jacobo v. Immigration and Naturalization Service
    21 F3d 1112
    MEMORANDUM Domingo Estrada-Jacobo petitions for review of the BIA's discretionary decision denying his application for suspension of deportation. During the pendency of his petition, Estrada was con...

  • United States v. W McDonald
    22 F3d 139
    Kurt McDonald pleaded guilty to aiding and abetting the counterfeiting of obligations of the United States. 18 U.S.C. Secs. 471, 472. He was sentenced to eighteen months of imprisonment and three ye...

  • United States v. Ford
    21 F3d 759
    Glenn Ford, Ladell Jacobs and Robert Gipson were employed as "correctional residence counselors" at the Metro Community Correctional Center, a Chicago work release facility operated by the Illinois De...

  • Faught v. Coughlin
    21 F3d 1112
    MEMORANDUM William Roy Faught appeals pro se the district court's order granting defendant's motion for summary judgment in his 42 U.S.C. Sec. 1983 action. Faught contends that during his arrest, th...

  • United States v. Turk
    21 F3d 309
    A district court may use a defendant's perjury at trial to justify enhancing the defendant's sentence for obstruction of justice, so long as the court specifically finds that the defendant committed t...

  • United States v. Mohawk
    20 F3d 1480
    In 1983, Richard Mohawk was convicted of armed bank robbery and sentenced to a term of twenty years in prison. He filed a timely notice of appeal from his conviction. Today, after more than ten year...

  • United States v. Veal
    23 F3d 985
    The defendant, a registered pharmacist, was convicted on charges of violating 21 U.S.C. Sec. 841 by distributing controlled substances illegally and by possessing controlled substances with intent to ...

  • Jameson v. Coughlin Iii
    22 F3d 427
    In this case we examine a habeas petitioner's claim that he received ineffective assistance of counsel in the state court appeal of his conviction. Leslie Jameson appeals from the July 13, 1993, judg...

  • United States v. Rivera
    22 F3d 430
    Defendants Enrique Reinaldo Rivera and Samuel Aponte-Vega appeal from judgments entered in the United States District Court for the Southern District of New York, following a jury trial before Kevin T...

  • United States v. V Jones
    21 F3d 426
    On April 23, 1992 Lester Jones was convicted of two counts of income tax evasion in violation of 26 U.S.C. Sec. 7201. The jury found him not guilty of two counts of fraudulent filing of amended retur...

  • Tatlis v. Ylst
    21 F3d 1116
    MEMORANDUM James William Tatlis, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for rape, oral copulatio...

  • United States v. Donskikh
    21 F3d 1024
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Cornejo v. Jm Ratelle
    21 F3d 1111
    MEMORANDUM Joe Julian Cornejo, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Cornejo contends that his s...

  • United States v. Johnson
    23 F3d 409
    Claiming that an airport search of his luggage and person violated his Fourth Amendment rights, Roy Johnson, Jr., appeals his conviction and sentence for possession with the intent to distribute cocai...

  • United States v. Puig Infante
    19 F3d 929
    Defendants-appellants were charged with and convicted of participating in a conspiracy involving the importation of marihuana from Mexico into the United States. Araceli Castro, Perla De Los Santos, ...

  • United States v. Bilbo
    19 F3d 912
    Defendant makes this interlocutory appeal challenging the district court's order transferring the action from juvenile court to one in which he will be prosecuted as an adult. We affirm the district ...

  • Everest and Jennings Inc v. American Motorists Insurance Company
    23 F3d 226
    Burke Incorporated (Burke), a wheelchair manufacturer, sued its competitor Everest and Jennings (E & J) alleging patent infringement. E & J requested its insurer, American Motorists Insurance...

  • United States Of America v. Emberson
    21 F3d 1122
    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. ...

  • United States v. Smith
    21 F3d 1118
    Before: BROWNING, PREGERSON, and BRUNETTI, Circuit Judges MEMORANDUM I. Downward Departure for Substantial Assistance The district court did not err in failing to depart downward under Sec. 5K1.1...

  • United States v. Siqueiros
    21 F3d 1118
    MEMORANDUM Alfonso Siqueiros appeals the District Court's imposition of a sentence of twelve months and one day imprisonment, based on its finding that Siqueiros violated the terms of his supervised ...

  • United States v. Fontenot
    21 F3d 1122
    Before MOORE and KELLY, Circuit Judges, and BRIMMER, District Judge. A grand jury indicted Ronald Fontenot on three counts of distributing cocaine base. Appealing the suppression of evidence found ...

  • Miller v. F Hames
    21 F3d 1114
    MEMORANDUM William Floyd Miller, an Alaska state prisoner, appeals the denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for first degree murder. Miller contends that he w...

  • Puett v. Rd Carnes
    21 F3d 1115
    MEMORANDUM* Charles Edward Puett appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 civil rights complaint against various public officials. The district court determined that ...

  • Unites States Of America v. Chavez
    21 F3d 1122
    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. ...

  • People Of The Territory Of Guam v. Aguon
    21 F3d 1115
    MEMORANDUM A jury in the District Court of Guam convicted Francisco Aguon of aggravated murder and of possession of a deadly weapon in the commission of aggravated murder. Concluding that the distri...

  • Pappas Mathews
    21 F3d 1115
    Before: CHOY, D.W. NELSON, and NORRIS, Circuit Judges MEMORANDUM This appeal challenges a judgment of the bankruptcy court accepting the accounting of a real estate partnership prepared by one of ...

  • United States v. Ray
    21 F3d 1118
    MEMORANDUM Michael Anthony Ray and Sean Tyler Williams appeal the district court's denial of their motions to suppress evidence, and their subsequent convictions on federal firearms charges. Terry L...

  • United States v. H Stanwood
    21 F3d 1118
    MEMORANDUM Martin H. Stanwood, a federal prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2255 motion. Stanwood pled guilty to manufacturing marijuana in violation of 21 U.S.C. Se...

  • United States v. Stalcup
    21 F3d 1118
    MEMORANDUM Allen Stalcup appeals his sentence after pleading guilty to use of interstate facilities in aid of racketeering enterprises, in violation of 18 U.S.C. Sec. 1952(a)(3), and money laundering...

  • Holden v. State Of Alaska
    21 F3d 1113
    MEMORANDUM Eric J. Holden, an Alaska state prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Holden was convicted of assault with inte...

  • United States v. Johnson
    21 F3d 1117
    MEMORANDUM Phillip Johnson pleaded guilty to distribution of five or more grams of cocaine base, in violation of 21 U.S.C. Sec. 841(a)(1) and 841(b)(1)(B), and was sentenced to eight years incarcerat...

  • United States v. Aquiningoc
    21 F3d 1116
    MEMORANDUM Alex G. Aquiningoc appeals his conviction, following a jury trial, for being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. Sec. 922(g)(1). He contends that t...

  • United States v. Dallas Hill Hodnett
    21 F3d 426
    Dallas Hill Hodnett was convicted by a jury of being a felon in possession of a firearm, 18 U.S.C.A. Sec. 922(g)(1) (West Supp.1993). This offense was committed while Hodnett was on parole from a 198...

  • United States v. Rippee
    23 F3d 409
    This is an appeal from a conviction on charges of conspiracy to transport stolen goods across state lines in violation of 18 U.S.C. Secs. 371, 2312-2315 and transportation of a stolen tractor-trailer ...

  • United States v. H Tirado Torres
    21 F3d 420
    Defendant-appellant Gerardo Tirado-Torres appeals from the sentence imposed upon him following his guilty plea, arguing, inter alia, that he is entitled to an additional point reduction for his accept...

  • Jankins v. Tdc Management Corporation Inc T
    21 F3d 436
    T. Conrad Monts, a District of Columbia real estate developer, asked Lawrence R. Jankins to work for him preparing budgets and negotiating construction contracts, particularly on two large renovations...

  • Campbell v. Hewitt Coleman and Associates Incorporated
    21 F3d 52
    This appeal arises from the district court's grant of summary judgment to defendants Hewitt, Coleman & Associates, Inc. (Hewitt, Coleman) and People's Security Life Insurance Company (People's). ...

  • United States v. Berman E
    21 F3d 753
    The defendants were convicted of violating 18 U.S.C. Sec. 658, which punishes anyone who, with intent to defraud, knowingly converts any property "mortgaged or pledged to" a federal or federally suppo...

  • Nelson v. Mc Cannon
    21 F3d 423
    Jimmie Nelson appeals the district court's order granting the defendants' motion for summary judgment in his 42 U.S.C.Sec. 1983 (1988) action. Because we find that the district court erred in grantin...

  • Nonnette v. Borg
    21 F3d 1115
    MEMORANDUM California state prisoner Narvis G. Nonnette ("Nonnette") appeals pro se from the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his jury conviction ...

  • United States v. D Tavares
    21 F3d 1
    A jury found defendant Daniel Tavares guilty of being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). The statute makes it a crime for any person "who has been convicted ...

  • Baltimore Therapeutic Equipment Company v. Loredan Biomedical Inc
    26 F3d 138
    Baltimore Therapeutic Equipment Company ("BTE") appeals from the March 30, 1993, decision and order of the United States District Court for the Eastern District of California, Civil No. S 89-1085-GEB....

  • United States v. Trujillo
    33 F3d 63
    Before EBEL and MCKAY, Circuit Judges, and VAN BEBBER, District Judge. ORDER AND JUDGMENT VAN BEBBER, District Judge. Defendant Robert Patrick Trujillo was found guilty by a jury of the offense o...

  • Sanford v. Reiner
    21 F3d 1115
    MEMORANDUM Arthur Frank Sanford appeals pro se the district court's dismissal of his 42 U.S.C. Secs. 1983 and 1985 action as barred by the statute of limitations. Sanford alleged that defendants vio...

  • United States v. Napier
    21 F3d 354
    Vince Albert Napier appeals his 88-month sentence following entry of a guilty plea to armed bank robbery in violation of 18 U.S.C. Sec. 2113(a), (d). Napier contends that the district court erred whe...

  • United States v. Pornpomtada
    21 F3d 1118
    MEMORANDUM Defendants Prasit Pornpomtada and Somchai Amasuda appeal denial of their motion to dismiss their indictment. "A denial of a motion to dismiss an indictment based on claims of outrageous G...

  • Rembert v. P Littlehales
    21 F3d 1115
    MEMORANDUM Oregon state prisoner Edward Dennis Rembert appeals pro se the district court's dismissal of his action under 42 U.S.C. Secs. 1983, 1985, 1986, and 1988 against Oregon state judge Charles ...

  • United States v. Cervera
    21 F3d 1122
    Before SEYMOUR, Chief Judge, TACHA, Circuit Judge, and VRATIL, District Judge. On January 29, 1993 the Federal Grand Jury for the District of Wyoming returned a three-count indictment charging Ralph...

  • Carr v. A Lewis Adoc
    21 F3d 1111
    MEMORANDUM* Anthony Glen Carr, an Arizona state prisoner, appeals pro se the district court's judgment on the pleadings in favor of defendants in Carr's 42 U.S.C. Sec. 1983 action alleging that defen...

  • United States v. Coleman
    22 F3d 126
    A jury found Phillip Coleman guilty of four counts of being a felon in possession of a firearm, see 18 U.S.C. Sec. 922(g)(1) (as well as one count of unlawful possession of an unregistered firearm, se...

  • United States v. Nichols
    21 F3d 1016
    Defendant was convicted under 18 U.S.C. Sec. 922(g) of unlawful possession of a firearm by a convicted felon. On appeal defendant alleges two errors by the trial court. First, he argues that the tri...

  • Stewart v. R Cody
    21 F3d 1122
    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); 10t...

  • United States v. Glover
    21 F3d 133
    Charles Glover appeals his conviction by a jury on charges of possession of cocaine with the intent to distribute, carrying and using a firearm in relation to a drug trafficking crime, and possession ...

  • Chevers v. Immigration and Naturalization Service
    21 F3d 1111
    MEMORANDUM Randolph Anthony Chevers, a native and citizen of Jamaica, petitions for review of the Board of Immigration Appeals' ("BIA") summary dismissal of his appeal from the immigration judge's ("...

  • United States v. Lane
    21 F3d 1117
    MEMORANDUM Charles Lane shot, killed and illegally sold the body parts of protected Alaskan wildlife. For violating the Lacey Act, 16 U.S.C. Sec. 3372(a), and also for distributing marijuana, 21 U.S...

  • Kirk v. Federal Property Management Corporation
    22 F3d 135
    Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq. is not an insurance policy against unemployment for poor or insubordinate job performance. Rather, it prohibits discrimination ...

  • Ferdik v. Gaspar
    21 F3d 1113
    MEMORANDUM Arizona state prisoner Michael Henry Ferdik appeals pro se the district court's summary judgment for prison officials in Ferdik's 42 U.S.C. Sec. 1983 action. We have jurisdiction under 28...

  • El Sullivan v. United States
    21 F3d 198
    Joseph Sullivan, a prisoner at the federal penitentiary in Marion, Illinois, alleges that two federal public defenders who represented him in a parole revocation proceeding committed legal malpractice...

  • Maddox v. Florida Parole Comn
    20 F3d 1173
    Appeal From: S.D.Fla. AFFIRMED. ...

  • United States v. Rich
    21 F3d 1118
    MEMORANDUM Vernon Leroy Rich appeals pro se the district court's denial of his motion for reconsideration of the denial of his Fed.R.Crim.P. 35 motion for reduction of the sentence imposed following ...

  • United States v. Newble
    21 F3d 1118
    MEMORANDUM Ronald Everett Newble appeals his 8-month sentence imposed following entry of a guilty plea to possession of document making implements in violation of 18 U.S.C. Sec. 1028(a). Newble cont...

  • United States v. Ortiz
    21 F3d 1118
    MEMORANDUM Reynaldo Armando Ortiz appeals his 170-month sentence imposed under the Sentencing Guidelines following his guilty plea to bank robbery in violation of 18 U.S.C. Sec. 2113(a). Ortiz argue...

  • United States v. Fetherolf
    21 F3d 998
    In a second superceding indictment, Torrey A. Fetherolf, along with Shane Dee Thomas, was charged in Count 1 with taking, on June 23, 1992, $9,824 which belonged to the Granite Credit Union, a bank wh...

  • Morissette v. C Yu M B M
    21 F3d 1114
    MEMORANDUM I. Recusal. Had recusal been required, reversal might be necessary regardless of the merits, so we consider recusal first. We discuss it more extensively than the recusal issue alone re...

  • United States v. L Gurule
    21 F3d 1117
    MEMORANDUM Petitioner Anthony Lawrence Gurule, Sr. appeals his conviction by a jury and the sentence imposed upon him by the District Court for assault with a dangerous weapon and aiding and abetting...

  • United States v. Hutchinson
    21 F3d 1122
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • United States v. Houston
    21 F3d 428
    Lawrence Houston was indicted by a federal grand jury on charges of possessing with intent to distribute cocaine base, and carrying and using a firearm during and in relation to a drug trafficking cri...

  • United States v. King
    21 F3d 1117
    MEMORANDUM Renaldo King appeals his conviction imposed following his conditional guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). King contends the d...

  • United States v. Harris
    21 F3d 1117
    MEMORANDUM Raymond William Harris appeals his conviction and 240-month sentence following entry of a guilty plea to maintaining a place for the purpose of distributing methamphetamine in violation of...

  • United States v. B Bueno
    21 F3d 120
    Defendant-appellant, Jose B. Bueno, appeals his conviction and sentence for violation of 21 U.S.C. section 841(a)(1) for possession with intent to distribute approximately 5.2 pounds of cocaine. For ...

  • United States v. Gamboa
    21 F3d 1117
    MEMORANDUM Manuel Guerra Gamboa appeals his conviction for distribution of methamphetamine, possession of methamphetamine with intent to distribute, and conspiracy to manufacture and distribute metha...

  • United States v. Savage
    23 F3d 404
    These are the combined appeals of defendants Terrance Savage and Keith Minor of convictions of one count (one) of conspiracy to distribute or possess with intent to distribute cocaine base, in violati...

  • United States v. Harris
    21 F3d 1117
    MEMORANDUM Petitioner Marvin Vincent Harris appeals the sentence imposed after his conviction for armed bank robbery and for knowingly using and carrying a firearm during and in relation to a crime o...

  • United States Of America v. D Thompson
    23 F3d 404
    Curtis Woodrow Jones and Kevin D. Thompson appeal their convictions for using and carrying a firearm during and in relation to a crime of violence under 18 U.S.C.A. Sec. 924(c) (West Supp.1993) and 18...

  • United States v. Duron Iii
    21 F3d 1116
    MEMORANDUM Petitioner Ramon Duron, III appeals the sentence imposed after his conviction for assault with a dangerous weapon and possession of contraband in prison, in violation of 18 U.S.C. Sec. 113...

  • United States v. Santiago
    21 F3d 1118
    MEMORANDUM Oscar Santiago appeals his conviction following a conditional guilty plea to possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). Santiago contends that ...

  • Bibbins v. Dalsheim
    21 F3d 13
    Christopher Bibbins claims that his Sixth Amendment rights were violated by the failure of a state court to set aside his conviction on the ground of juror misconduct, and appeals from an order of the...

  • United States v. McAllister
    21 F3d 1117
    MEMORANDUM Petitioner Robert Earl McAllister appeals the sentence imposed upon him by the District Court for his conviction for armed robbery of a bank and for knowingly using and carrying a firearm ...

  • United States v. Rodriguez Chavez
    21 F3d 1118
    MEMORANDUM Antonio Rodriguez-Chavez appeals his 94-month sentence imposed following a jury trial for illegal reentry into the United States after prior deportation and prior conviction of an aggravat...

  • United States v. Delgado Encinas
    21 F3d 1116
    MEMORANDUM Enrique Delgado-Encinas appeals his 121-month sentence imposed following entry of a guilty plea to conspiracy to possess with intent to distribute heroin in violation of 21 U.S.C. Sec. 841...

  • United States Of America v. Barnes
    23 F3d 403
    Terry Barnes was originally indicted for the September 1, 1992 armed robbery of First National Savings Bank in Clinton, North Carolina, and for using a firearm during a crime of violence. Thereafter,...

  • Young v. E Bruce Young
    25 F3d 1059
    Before BRORBY and EBEL, Circuit Judges, and KANE, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assis...

  • United States v. Jones
    21 F3d 431
    Marcus Jones appeals from convictions of attempt to possess cocaine with intent to distribute, see 21 U.S.C. Sec. 846, and use of a firearm during and in relation to the commission of a drug trafficki...

  • United States v. C Bentz
    21 F3d 37
    Ronald T. Ross entered a conditional guilty plea to one count of wire fraud in violation of 18 U.S.C. Secs. 2 and 1343. In doing so, however, he preserved his challenge to the wire transmission eleme...

  • Smith Setzer Sons Incorporated v. South Carolina Procurement Review Panel
    20 F3d 1311
    This case challenges the constitutionality of South Carolina's legislatively-enacted program under which certain South Carolina products and South Carolina vendors are given slight preferences in the ...

  • United States v. R Sablotny
    21 F3d 747
    Patricia Sablotny was 62-years old when a jury found her guilty of arson and conspiring to burn the Argonne Tavern in Springfield, Illinois. 18 U.S.C. Secs. 371 and 844(i). The court sentenced Ms. S...

  • United States v. McCully
    21 F3d 712
    Defendant-Appellant Howard Eugene McCully appeals the district court's denial of his motion to suppress evidence. He claims that police officers stopped him under the pretext of a traffic violation w...

  • Exxon Corporation v. Gann
    21 F3d 1002
    Allen Gann (Gann) appeals from the district court's judgment entered in favor of Exxon Corporation (Exxon), 1993 WL 645058. Exxon brought this action against Gann seeking reformation of an Assignmen...

  • United States v. J Vanhoorelbeke
    21 F3d 1119
    MEMORANDUM Gerard Vanhoorelbeke was convicted of conspiracy to distribute cocaine, distribution of cocaine, unlawful possession of a firearm, and being a felon in possession of a firearm. Vanhoorelb...

  • Brown v. Wa Perrill Us
    21 F3d 1008
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); Tenth ...

  • United States v. D Cheely P
    21 F3d 914
    The government brings an interlocutory appeal to challenge the district court's pretrial rulings that (1) Cheely cannot be subjected to the death penalty, and (2) Cheely's statements to investigating ...

  • United States v. Simmons
    21 F3d 429
    Before: RYAN and NORRIS, Circuit Judges, and BERTELSMAN, Chief District Judge. After examining the briefs and record, the court has determined unanimously that oral argument would not materially as...

  • United States v. Branson
    21 F3d 113
    Pursuant to 18 U.S.C. Sec. 3731, the United States appeals the district court's order granting defendant Branson's motion to suppress evidence seized during a warrantless search of the defendant's bus...

  • United States Fidelity and Guaranty Company v. Murphy Oil Usa Incorporated
    21 F3d 259
    United States Fidelity and Guaranty Company (USF & G) appeals the District Court's decision to stay USF & G's declaratory judgment action brought in that court against Murphy Oil USA, Inc., in...

  • Massengill v. Guardian Management Company
    19 F3d 196
    This appeal concerns an agreement for the sale of general partnership interests, with each side accusing the other of breach. Both parties were in the business of developing, managing and investing i...

  • United States v. Thomas
    21 F3d 1123
    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); 10t...

  • United States v. Rogers
    21 F3d 426
    Melvin Rogers appeals his sentence for interference with commerce by robbery in violation of 18 U.S.C. Sec. 1951 (1988), and carrying and using a firearm during and in relation to a crime of violence ...

  • United States v. W Vial
    21 F3d 426
    Avery W. Vial was indicted, with others, on charges of conspiracy to possess with intent to distribute cocaine, and possession of a firearm in connection with that conspiracy. He was convicted of bot...

  • Delacena v. Immigration and Naturalization Service
    21 F3d 1112
    Before: ALARCON and FERNANDEZ, Circuit Judges, and WILSON, District Judge. MEMORANDUM Jacqueline Alovera Delacena seeks reversal of the denial by the Board of Immigration Appeals' (BIA) of her req...

  • United States v. Diaz
    21 F3d 1116
    MEMORANDUM Appellant Jacinto Diaz appeals his sentence from the district court which was enhanced four levels pursuant to Sentencing Guideline Sec. 3B1.1 for Diaz's role as a leader in a conspiracy t...

  • World Communications Inc v. Federal Communications Commission
    20 F3d 472
    In 1987 the Federal Communications Commission ordered the Communications Satellite Corporation ("Comsat") to refund $39 million in overcharges collected from carrier customers from August 1984 through...

  • United States v. Nix D Osborne
    21 F3d 347
    Ralph Osborne (Osborne) appeals two district court orders which permitted the disclosure of grand jury transcripts to the plaintiffs in a separate civil case in which he was a cross-defendant. He con...

  • United States v. Ward
    21 F3d 264
    Defendant appeals from her conviction for conspiring to distribute cocaine. See 21 U.S.C. Sec. 841(a)(1), 841(b)(1)(A)(ii), Sec. 846. She was sentenced to six years' confinement. She contends that ...

  • Clark v. Clabaugh Jd Ii
    20 F3d 1290
    A racial riot in Hanover, Pennsylvania, during the summer of 1991 provides the setting for this appeal by the members of an interracial youth group who claimed numerous violations of their civil right...

  • Woodard v. P Gittens Et Al
    21 F3d 420
    The judgment of the district court is affirmed substantially for the reasons stated in the district court's April 29, 1993 memorandum and order. In addition, we must consider one claim that the dist...

  • United States v. Cody
    21 F3d 1122
    Before MOORE and KELLY, Circuit Judges, and BRIMMER, District Judge. Edward Michael Cody entered a conditional plea of guilty to possession with intent to distribute methamphetamine within 1000 feet...

  • Holtz v. United States
    21 F3d 1121
    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); T...

  • United States v. Sparks Iii
    20 F3d 476
    Alphonso Sparks and the government dispute the meaning of an agreement pursuant to which Sparks pleaded guilty to various drug offenses (violations of 21 U.S.C. Sec. 841(a)(1) and 18 U.S.C. Sec. 924(c...

  • United States v. Martinez
    19 F3d 910
    Jose Martinez appeals the district court's denial of his motion to change the post-imprisonment portion of his sentence from a special parole term to supervised release. Finding no error, we affirm. ...

  • Dubinka
    23 F3d 218
    Michael Dubinka, John Coleman, and Raul Meza appeal the district court's order dismissing their action for declaratory and injunctive relief for failure to state a claim under Fed.R.Civ.P. 12(b)(6). ...

  • United States v. Certain Real Property Located At Fern Street Bangor Et Al
    21 F3d 420
    Jerry Howard ("Howard"), record owner of the property at issue in this case, appeals a decree of forfeiture entered by the district court below. On February 2, 1992, the United States Government fil...

  • United States v. Berdugo Arana
    21 F3d 1116
    MEMORANDUM Raul Fernando Berdugo-Arana appeals his sentence following his conviction by guilty plea of illegal entry of a deported alien into the United States in violation of 8 U.S.C. Sec. 1326. T...

  • United States v. Terry
    21 F3d 1119
    MEMORANDUM Roman Sanford Terry appeals his jury conviction and sentence under the Sentencing Guidelines for bank robbery in violation of 18 U.S.C. Sec. 2113(a)(d). Terry argues that the district cou...

  • Lewis v. Brigano
    21 F3d 428
    Petitioner Carl Steven Lewis appeals the District Court judgment denying his petition for writ of habeas corpus. Petitioner raises six issues on appeal including that the District Court erred by fail...

  • United States Of America v. Frank Desalvo
    26 F3d 1216
    Frank DeSalvo appeals from a judgment entered in the United States District Court for the Eastern District of New York (Charles P. Sifton, Judge ) convicting him, after a jury trial, of four counts of...

  • Bowman v. R Cody
    21 F3d 1120
    Appellant Ralph Bowman appeals from an order of the United States District Court for the Western District of Oklahoma dismissing his civil rights claim and denying habeas corpus relief. Appellant is...

  • United States v. Vinson
    21 F3d 431
    Roy Lee Vinson, Jr. ("Vinson") was found guilty by jury of one count of conspiracy to commit robbery, in violation of 18 U.S.C. Sec. 371, two counts of interference with commerce by robbery, in viola...

  • Ciszkowski v. Boone
    21 F3d 1120
    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); 10t...

  • United States v. Quintero
    21 F3d 885
    Lopez Quintero ("Quintero") was indicted for first degree murder of his two-year-old daughter, A.B.Q., on an Indian reservation in Arizona, under 18 U.S.C. Secs. 1111, 1153 (1988). The trial court di...

  • United States v. Ghaffar
    21 F3d 420
    Appellant, Amir Ghaffar, pled guilty to the following three counts: I) possession with intent to distribute heroin (21 U.S.C. Sec. 841(a)(1)); II) use of a firearm during a drug trafficking crime (18 ...

  • United States v. Sands
    21 F3d 1118
    Before: BROWNING, PREGERSON, and BRUNETTI, Circuit Judges MEMORANDUM Probable cause for a warrantless search of an automobile is a flexible, common-sense standard requiring that the facts available...

  • Ramos Pacussich v. P Getty H Fci
    21 F3d 1115
    Before: POOLE and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM Appellant Oscar Ramos-Pacussich appeals the district court's denial of his 28 U.S.C. Sec. 2241 habeas corpus petition,...

  • Jones v. H Childers
    18 F3d 899
    John R. Kiefner, Jr., Riden, Earle & Kiefner, PA, Clifford J. Hunt, St. Petersburg, FL, for defendants-appellants. Burton Webb Wiand, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., ...

  • United States v. Cooper
    19 F3d 1430
    Rhonda Kaye Scruggs Cooper, Hubert Darius Rakes and Warren Harding Cooper, Jr. appeal their convictions and sentences following a jury trial on a 30-count superseding indictment charging them and othe...

  • Anderson v. United States
    19 F3d 1432
    Defendant-Appellant Alberta Anderson appeals the district court's denial of her motion to vacate her sentence. Anderson challenges the denial on two grounds: first, the district court erroneously fa...

  • United States v. G Waters
    23 F3d 29
    Laurence G. Waters appeals from a January 8, 1993 judgment of conviction and sentence of the United States District Court for the Northern District of New York (Howard G. Munson, Judge ). On November...

  • United States v. J Dudek
    19 F3d 1434
    Defendant Earl J. Dudek appeals the sentence imposed by the district court following his guilty plea convictions to two counts of bank fraud in violation of 18 U.S.C. Sec. 1344. On appeal, the issues...

  • Theriot v. P Whitley
    18 F3d 311
    Logan Theriot appeals the district court's denial of his request for habeas corpus relief. Finding no error, we affirm. On July 22, 1987, Theriot pleaded guilty to the second degree murder of his w...

  • Gonzales v. L Henman G R
    21 F3d 1121
    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); T...

  • Wood v. Allstate Insurance Company
    21 F3d 741
    An arsonist set fire to Colleen Wood's house at Lake Station, Indiana on January 29, 1991. The house was destroyed in the fire. Allstate Insurance, Wood's insurer, thinks there was at least some cha...

  • 17763a Jones v. Shalala
    21 F3d 191
    This is the unusual but not unprecedented case in which a person who has a good income, entirely from criminal activities, argues that nevertheless he is permanently disabled from engaging in substant...

  • Lowry v. Lewis
    21 F3d 344
    Lowry claims ineffective assistance of counsel because his lawyer did not move to suppress evidence. We reject his claim. An Arizona state prisoner told the prison warden that a number of his fello...

  • United States v. Welch
    19 F3d 192
    Anthony Quinn Welch pled guilty to five counts of aiding in the preparation of false tax returns. He now appeals his sentence. We affirm the sentence with an adjustment to the term of supervised rel...

  • United States v. Hulett
    22 F3d 779
    David Anthony Hulett was convicted of conspiracy to possess, and aiding and abetting an attempt to possess, with intent to distribute in excess of 500 grams of cocaine. 21 U.S.C. Secs. 841(a)(1) and ...

  • United States v. Salcido
    21 F3d 431
    Pursuant to a written agreement, Heberto Salcido entered a plea of guilty to one count of conspiracy to distribute 25 kilograms of mixtures containing cocaine in violation of 21 U.S.C. Sec. 841(a)(1)....

  • Van Daalwyk v. United States
    21 F3d 179
    The issue presented in this case is whether the retroactivity principles articulated by a plurality of the Supreme Court in Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), and ad...

  • Balisok v. L Baker
    21 F3d 1111
    MEMORANDUM Jerry Balisok, a Washington state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 civil rights action as frivolous pursuant to 28 U.S.C. Sec. 1915(d). I...

  • United States v. Burian
    19 F3d 188
    John Burian appeals his conviction under 18 U.S.C. Sec. 2252 for knowingly receiving in the mail visual depictions of minor children engaged in sexually explicit conduct. His primary challenge on app...

  • United States v. D Ince
    21 F3d 576
    Appellant Nigel D. Ince was convicted by a jury for assault with a dangerous weapon, with intent to do bodily harm. Because the United States' only apparent purpose for impeaching one of its own witn...

  • United States v. Southwest Bus Sales Inc
    20 F3d 1449
    Gary Bennett and Randall Bennett owned and operated Southwest Bus Sales, Inc. ("Southwest"), located in South Dakota. They were in the business of procuring school buses and selling them, via a comp...

  • Elvaker v. Cowley
    21 F3d 1121
    ORDER AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R...

  • United States v. D Seale 92 5686
    20 F3d 1279
    This appeal arises from the highly publicized kidnapping and death of Exxon Company International executive Sidney J. Reso in 1992. Appellants Arthur and Irene Seale, husband and wife, were convicted...

  • Crisp v. Trigg
    21 F3d 430
    Michael Crisp, an inmate at the Indiana Youth Center, filed a civil rights suit under 42 U.S.C. Sec. 1983 against thirty-nine prison officials in their official and individual capacities. Crisp's sui...

  • Gall v. United States
    21 F3d 107
    The petitioner pro se, John W. Gall, appeals a district court order denying his 28 U.S.C. Sec. 2255 motion to revise sentence. Gall avers that the district court wrongfully ordered him to pay restitu...

  • Waste Conversion Inc v. J Kelley J F
    19 F3d 1435
    Appellant Waste Conversion, Inc. ("WCI") appeals the district court's decision denying WCI's motion to vacate a consent judgment under Fed.R.Civ.P. 60(b)(6). WCI seeks a refund of money paid to Appe...

  • United States v. A Powell
    19 F3d 1435
    Defendant Vincent Powell entered a conditional guilty plea to a charge of possession of cocaine base with intent to distribute, in violation of 21 U.S.C. Sec. 841(a)(1). He was sentenced to 120 month...

  • United States v. Collins
    19 F3d 1434
    Defendant Gwendolyn Collins appeals the sentence imposed pursuant to her conditional plea of guilty to possession with intent to distribute three kilograms of cocaine in violation of Title 21, U.S.C. ...

  • United States v. Hamilton
    23 F3d 411
    Customs officials found a large quantity of heroin in a hidden compartment of a suitcase Sarah Mensah Hamilton was carrying when she arrived in the United States from Ghana. At trial she testified th...

  • Warren Et Al v. City Et Al
    21 F3d 420
    This appeal is the aftermath of a lawsuit brought by six members of the Warren family against members of the Lynn Police Department and the city of Lynn to redress violations of the Warrens' federal a...

  • United States v. Ardoin
    19 F3d 177
    Wendell Ardoin appeals his conviction of possessing, manufacturing, failing to register, and failing to pay taxes on illegal machineguns. Ardoin argues that the statute under which he was charged, re...

  • Mora v. L Nunn H
    23 F3d 410
    Mario Mora, Angel Marcias and Roberto Ponce filed an action pursuant to 42 U.S.C. Sec. 1983 against the defendant prison officials, claiming they were denied due process of law and their Eighth Amendm...

  • Kelley v. Federal Bureau Of Prisons Oc E
    21 F3d 1121
    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 ...

  • Kellett Jr v. United States
    21 F3d 419
    H. Raymond Kellett, Jr., has appealed the district court's dismissal of his habeas petition on res judicata grounds. On appeal, the government agrees with Kellett that the district court erred in dis...

  • 4united States v. L Wildman
    21 F3d 431
    In Wildman's response to LaVecchia's Anders brief, he now claims that his guilty plea was involuntary. He states that when he participated in a debriefing in November 1992, he thought that he would r...

  • United States v. Miller
    20 F3d 926
    The defendant, Ronald Larry Miller, after entering a conditional plea of guilty, was convicted of being a felon in possession of a firearm, a violation of 18 U.S.C. Sec. 922(g). He was sentenced unde...

  • United States v. J Crawford
    20 F3d 933
    Andrew Crawford appeals the trial court's denial of his motion to dismiss an indictment charging him with fraudulent securities transactions. He argues that the prosecution of those charges was in vi...

  • United States Of America v. Sanders
    21 F3d 1123
    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 ...

  • Clayton v. J Tansy
    21 F3d 1120
    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 ...

  • Boone Et v. Leavenworth Anesthesia Inc Pa Pa
    20 F3d 1108
    Defendants-appellants Leavenworth Anesthesia, Inc. ("LAI") and Leavenworth Anesthesia, P.A. ("LAPA") challenge a district court order imposing a civil penalty under 29 U.S.C. Sec. 1132(c) for their ...

  • Bland v. California Department Of Corrections
    20 F3d 1469
    * OVERVIEW The Director of the California Department of Corrections and the Attorney General of the State of California (collectively referred to as the "State") appeal the district court's grant of ...

  • Marshall v. Allen
    21 F3d 1121
    Before BRORBY and EBEL, Circuit Judges, and KANE, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assis...

  • United States v. Helms
    21 F3d 1117
    Before: WIGGINS and T.G. NELSON, Circuit Judges, and REED, District Judge. MEMORANDUM** Petitioner appeals from the district court's denial of his 28 U.S.C. Sec. 2255 motion. On July 19, 1990 pet...

  • United States v. Mora
    22 F3d 409
    Marjorie M. Smith, New York City (The Legal Aid Soc., Federal Defender Services Unit), for appellant. Judith Lieb, Asst. U.S. Atty., E.D.N.Y. (Mary Jo White, U.S. Atty., E.D.N.Y., Susan Corkery, As...

  • Robinson v. Overseas Military Sales Corporation and W J L
    21 F3d 502
    Howard E. Robinson appeals from the judgment of the United States District Court for the Eastern District of New York, I. Leo Glasser, Judge, 827 F.Supp. 915, granting summary judgment in favor of the...

  • Wright v. Smith A Iii
    21 F3d 496
    The primary question on this appeal is whether an inmate's extended confinement without a hearing in a correctional facility's Special Housing Unit (SHU) violates a Fourteenth Amendment liberty intere...

  • Bonds v. Cw Cox
    20 F3d 697
    Kathy Bonds appeals the district court's grant of summary judgment for defendant police officers in this action, brought pursuant to 42 U.S.C. Sec. 1983, for violations of rights protected by the Four...

  • Johnson v. Fields
    21 F3d 1121
    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 ...

  • Gavin v. Ammons
    21 F3d 430
    Edward Gavin, currently an inmate at the Menard Correctional Center in Illinois, filed this civil rights action alleging that the defendants violated his Eighth Amendment right to be free from cruel a...

  • United States v. Jackson
    21 F3d 1117
    MEMORANDUM Kenner Fitzgerald Jackson appeals his conviction, following jury trial, for escape from custody in violation of 18 U.S.C. Sec. 751. We affirm. Jackson first contends that the district c...

  • Stephenson v. Pw Stone
    21 F3d 159
    John H. Caress (argued), Indianapolis, IN, William L. Bracken, Greencastle, IN, for Linda K. Stephenson, April K. Stephenson, Terry W. Stephenson, Sr. plaintiff-appellant. Barbara L. Herwig, Dept. o...

  • United States v. Michael
    17 F3d 1383
    Michael appeals the denial of his motion for a new trial. He was convicted of conspiracy to possess with intent to distribute cocaine, and possession with intent to deliver cocaine. In his motion fo...

  • United States v. Jones
    21 F3d 165
    Defendant Jimmie Jones was convicted by a jury of conspiracy to possess cocaine and heroin with intent to distribute, distribution of heroin, attempt to possess cocaine with intent to distribute, poss...

  • United States v. Cates
    21 F3d 428
    Defendant Paul William Cates pled guilty to one count of conspiracy to submit false claims against the United States and to commit mail fraud, in violation of 18 U.S.C. Secs. 287 and 1341. He also pl...

  • United States v. Lindsey
    21 F3d 426
    Tommy Lindsey entered a guilty plea to conspiracy to distribute cocaine, 21 U.S.C.A. Sec. 846 (West Supp.1993), without a plea agreement. He received a sentence of sixty months. He appeals his sente...

  • Chand v. Immigration and Naturalization Service
    21 F3d 1111
    MEMORANDUM Prem Chand (Chand) appeals the Board of Immigration Appeals' (BIA) denial of his application for asylum and withholding of deportation. The parties are familiar with the facts so we need ...

  • Crank v. A Collins
    19 F3d 172
    Denton Alan Crank was convicted of capital murder for which the death penalty was imposed. The district court denied his application for a Certificate of Probable Cause ("CPC"), and we likewise deny ...

  • United States v. Davis
    19 F3d 166
    A grand jury indicted Richard Davis, Sr., Jim Lewis, Joey Gray, Mark Facey, and Tom Coulton for conspiracy to kidnap William H. Speiss, Jr. in violation of 18 U.S.C. Sec. 1201(c). The grand jury also...

  • Vashone v. Embry A
    21 F3d 1123
    The respondents in this case chose not to file a brief. The appellant, Mr. Vashone, has agreed that this case may be submitted for decision on the briefs. See Fed. R.App. P. 34(f); 10th Cir. R. 3...

  • Daly v. Board Of Immigration Appeals
    21 F3d 422
    Alford Daly (Daly) petitions for review of an order of the Board of Immigration Appeals (BIA) denying Daly's application for relief from deportation under Sec. 212(c) of the Immigration and Nationalit...

  • United States v. Zuniga
    18 F3d 1254
    Defendants-appellants Juan Jose Zuniga-Hernandez (Zuniga) and his wife, Marta Alicia Zuniga (Marta), were convicted in separate proceedings of various drug-related offenses. In this consolidated appe...

  • Khaknu v. Immigration and Naturalization Service
    21 F3d 1113
    MEMORANDUM The parties are familiar with the facts so we need not state them here. This court reviews the BIA's denial of asylum for abuse of discretion. Acewicz v. INS, 984 F.2d 1056, 1061 (9th ...

  • Perry Ii v. W Murray
    21 F3d 423
    Edward W. Murray (Murray), Director of the Virginia Department of Corrections (Department), appeals the judgment of the United States District Court for the Eastern District of Virginia granting a wri...

  • Crespo v. Immigration and Naturalization Service
    21 F3d 1112
    Before: ALARCON and FERNANDEZ, Circuit Judges, and WILSON, District Judge. MEMORANDUM Mario Batacan Crespo seeks review of the Board of Immigration Appeals' (BIA) dismissal of his appeal of the Im...

  • United States v. Kirvan
    21 F3d 429
    Defendant Gary Lee Kirvan, convicted upon guilty plea of armed robbery in violation of 18 U.S.C. Sec. 2113(d), appeals from the sentence imposed. For the reasons to follow, we VACATE and REMAND for R...

  • Wijas v. Nelson
    21 F3d 431
    Michael Wijas appeals the district court's dismissal of his complaint brought under 42 U.S.C. Secs. 1981, 1983, and 1985, for lack of subject matter jurisdiction. See Fed.R.Civ.P. 12(b)(1). We affir...

  • Day v. Reynolds
    21 F3d 1121
    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); 10t...

  • United States v. Post
    21 F3d 1118
    MEMORANDUM Defendant-appellant Brett Post appeals his sentence of seventy-two (72) months imprisonment and three (3) years supervised release, imposed after he pled guilty to a superseding informatio...

  • United States v. Reveille
    21 F3d 1118
    MEMORANDUM Appellant Tom Reveille operated a low power radio station from his home in Venice, California. The Federal Communications Commission ("FCC"), after investigating and warning appellant, le...

  • Grand Jury Proceedings McKay v. United States
    21 F3d 1113
    MEMORANDUM Thomas McKay appeals pursuant to 28 U.S.C. Secs. 1291 and 1826 from an order holding him in contempt for refusing to testify before the grand jury. McKay is a percipient witness to a pos...

  • Vicom Inc v. Harbridge Merchant Services Inc
    20 F3d 771
    Vicom, Inc. ("Vicom") brought an action against the defendants under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. Secs. 1961-68, and supplemental state law claims. The ...

  • United States v. Lopez Yanez
    21 F3d 1117
    MEMORANDUM Luis Alberto Lopez-Yanez, the defendant, appeals his conviction and sentence under the Sentencing Guidelines following his guilty plea to possession of methamphetamine with intent to distr...

  • United States v. Schmick
    21 F3d 11
    Peter Paese seeks to appeal from a sentence imposed by Judge Goettel, following the entry of a plea of guilty to five counts of armed robbery, using a firearm in connection with a crime of violence, a...

  • Tipu v. Immigration and Naturalization Service
    20 F3d 580
    In 1982 Mohammad Tipu was convicted on narcotics charges. As a result, the Immigration and Naturalization Service ("INS") is now seeking to deport him. At his deportation hearing, Tipu introduced ev...

  • Gragg v. City Of Omaha J Gragg
    20 F3d 357
    Off-duty City of Omaha police officer Brenda J. Smith saw a city bus drive over a sidewalk, knock a man to the ground, and drive away. Smith believed she had witnessed a hit-and-run personal injury a...

  • Cox v. Administrator United States Steel and Carnegie
    17 F3d 1386
    J. Vernon Patrick, Jr., Alexander S. Lacy, William M. Acker, III, Elizabeth N. Pitman, Patrick & Lacy, P.C., Samuel Maples, Michael H. Bite, Jr., Bite, Bite and Bite, Birmingham, AL, for appellees...

  • United States v. Zentgraf
    20 F3d 906
    Daniel Scott, Minneapolis, MN, argued (Virginia G. Villa, on the brief), for appellant. Joseph T. Walbran, Minneapolis, MN, argued, for appellee. Before FAGG and WOLLMAN, Circuit Judges, and VIETO...

  • United States v. Stewart
    20 F3d 911
    On March 1, 1993, at the federal courthouse in Little Rock, Arkansas, a magistrate judge presided over an evidentiary hearing in a civil action filed by Alexander Stewart, then an Arkansas inmate. At...

  • United States v. McDowell
    21 F3d 429
    Defendant Kemonti McDowell appeals his conviction for possession with intent to distribute crack cocaine in violation of 21 U.S.C. Secs. 841(a)(1) and 841(b)(1)(B). The jury was selected on February ...

  • United States v. Sergeant
    21 F3d 426
    Wendell Sergeant entered a guilty plea to possession of more than fifty grams of crack cocaine with intent to distribute in violation of 21 U.S.C.A. Sec. 841 (West 1981 & Supp.1993), 18 U.S.C. Sec...

  • United States v. Foster
    19 F3d 1452
    John Foster was convicted in District Court of maintaining a premises in aid of trafficking a controlled substance in violation of 21 U.S.C. Sec. 856(a) (1988) and possession of an unregistered sawed-...

  • United States v. Livingston
    21 F3d 426
    Lonnie James Livingston pleaded guilty to bank robbery, 18 U.S.C.A. Sec. 2113(a), (d) (West 1984 & Supp.1993), and to use of a firearm in a crime of violence, 18 U.S.C.A. Sec. 924(c) (West Supp.19...

  • United States v. Maines
    20 F3d 1102
    Charles Gene Maines appeals from an order of the district court denying his 28 U.S.C. Sec. 2255 petition for a writ of habeas corpus. Mr. Maines argues that his sentence for unlawful possession of a ...

  • Employee Staffing Services Inc v. W Aubry L
    20 F3d 1038
    The premise of the complaint in this case is that ERISA opened a loophole so that employers could avoid buying workers' compensation insurance. It does not. The obligations of California workers' co...

  • United States v. Wehr
    20 F3d 1035
    On equal protection grounds William R. Wehr challenges the sentence imposed upon him for violation of 18 U.S.C. Sec. 471. We affirm the judgment of the district court. Wehr pleaded guilty to Counts...

  • United States v. A Thurmond
    21 F3d 1119
    MEMORANDUM A jury convicted Bradley A. Thurmond of first-degree murder of his wife. He appeals, contending the district court failed to instruct the jury on an essential jurisdictional element of th...

  • United States v. Maros
    21 F3d 1117
    MEMORANDUM Paul Huntoon pled guilty to, and Steven Maros was convicted by a jury on, one count of possession with intent to distribute a controlled substance on board a vessel in violation of 46 App....

  • United States v. Satterwhite
    23 F3d 404
    On November 16, 1992, a federal grand jury sitting in the Eastern District of Virginia, returned a five count indictment against the appellant, Curtis Satterwhite, charging him with one count of posse...

  • State Of Arizona v. Elmer
    21 F3d 331
    This pretrial appeal arises out of an alleged shooting near Nogales, Arizona. The State of Arizona has charged former United States Border Patrol Agent Michael Elmer with ten counts of aggravated ass...

  • Bradford v. City Of Los Angeles
    21 F3d 1111
    MEMORANDUM Los Angeles Police Department ("LAPD") Detective Michael Sirk, appeals the jury's verdict in favor of Henry Bradford in his action under 42 U.S.C. Sec. 1983. Detective Sirk also appeals t...

  • Gordon v. Stanley
    21 F3d 1121
    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); 10t...

  • Oregon Waste Systems Inc v. Department Of Environmental Quality Of State Of Oregon Columbia Resource
    511 US 93
    Two Terms ago, in Chemical Waste Management, Inc. v. Hunt, 504 U.S. ----, 112 S.Ct. 2009, 119 L.Ed.2d 121 (1992), we held that the negative Commerce Clause prohibited Alabama from imposing a higher fe...

  • Sanders v. Ratelle E
    21 F3d 1446
    Sheldon's first attorney initially was retained by Xavier, Sheldon's brother, in connection with the same incident as that for which petitioner was charged, namely, the shooting of Norman Gregory. C...

  • United States v. Martin
    18 F3d 1515
    In United States v. Martin, 15 F.3d 943 (1994 WL 38670 (10th Cir. (1994)) (Martin I ), we affirmed the judgment and sentence entered following a jury trial and Martin's conviction of possession with ...

  • United States v. Rueda
    19 F3d 3
    In this criminal case, the Government twice moved the district court, pursuant to Fed.R.Crim.P. 35(b), to reduce appellants' sentences because of appellants' extensive cooperation with the Government ...

  • United States v. Augarten
    21 F3d 428
    Lee Augarten and Ronald Terry were arrested on March 10, 1992 and charged with the unlawful possession of marijuana. Several superseding informations were filed. The final information, filed on Augu...

  • United States v. Cordero
    18 F3d 1248
    Victor Cordero, Gustavo Pacheco, and Ruben Pichardo appeal their convictions of possession with intent to distribute marihuana and conspiracy to possess with intent to distribute marihuana, in violati...

  • Hopkins v. City Of Westland Officer Scott Fetner
    21 F3d 427
    Plaintiff Douglas C. Hopkins appeals the denial of his motion for directed verdict, his motion for judgment notwithstanding the verdict, and his motion for a new trial in this 42 U.S.C. Sec. 1983 acti...

  • United States v. L Robinson
    20 F3d 1030
    Elvis Robinson, Manuel Robinson, and Gregory Bogan ("appellants") pleaded guilty to conspiracy to commit armed bank robbery and commission of armed bank robbery. The district court sentenced them to ...

  • Ionosphere Clubs Inc v. R Shugrue
    22 F3d 403
    On this appeal we once again concern ourselves with the bankruptcy of Eastern Air Lines. See In re Ionosphere Clubs, Inc., 922 F.2d 984, 988 (2d Cir.1990) ("Ionosphere I "), cert. denied, --- U.S. --...

  • Farbakhsh v. Immigration and Naturalization Service
    20 F3d 877
    Kiumars Farbakhsh seeks review of an order of the Board of Immigration Appeals denying his application for asylum pursuant to Sec. 208 of the Immigration and Nationality Act (hereinafter INA or the Ac...

  • Chemical Bank
    20 F3d 375
    This case depends on the responsibilities of the lead bank acting for several banks in a multi-bank loan. Its outcome is determined by fiduciary law as modified by the credit agreement entered by the...

  • United States v. Wolfe
    23 F3d 404
    Tyrone Deandre Wolfe was arrested and convicted for 1) possession of a firearm by a convicted felon in violation of 18 U.S.C. Sec. 922(g) and 2) possession of an unregistered firearm in violation of 2...

  • Ayala v. Leonardo
    20 F3d 83
    Neftali Ayala appeals from a judgment of the United States District Court for the Southern District of New York, Vincent L. Broderick, Judge, dismissing his pro se petition for a writ of habeas corpus...

  • United States v. L McNeely
    20 F3d 886
    Aubrey L. McNeely, Sr., and Royce Lee Fowler appeal their convictions and sentences for bank robbery and post office robbery in violation of 18 U.S.C. Secs. 2113 (1988 & Supp. IV 1992) and 2114 (...

  • Konjevich v. Washing Systems Incorporated
    23 F3d 401
    Lauris Konjevich ("Konjevich") appeals the order of the district court granting summary judgment to Washing Systems, Inc. ("WSI") on his claims for breach of a nondisclosure agreement, tortious inter...

  • Nunnemaker v. S Ylst
    21 F3d 1115
    MEMORANDUM Owen Duane Nunnemaker appeals the district court's denial of his petition for a writ habeas corpus. He contends that the district court erred in concluding that he has failed to establish...

  • United States v. N Portin
    20 F3d 1028
    Jieme N. Portin and Ruben Y. Navarro appeal their sentences imposed following entry of guilty pleas to conspiracy to commit interstate travel in aid of racketeering enterprises in violation of 18 U.S....

  • Shaw v. Department Of Army
    26 F3d 137
    John T. Shaw petitions for review of the decision of the Merit Systems Protection Board, Docket No. SL0752920320-I-1, affirming his removal as a Licensed Practical Nurse at the Leonard Wood Army Commu...

  • Burns v. Romer O A
    21 F3d 1120
    Petitioner Douglas T. Burns, appearing pro se, appeals the district court's dismissal of his habeas corpus petition for failure to exhaust his available state remedies. 28 U.S.C. 2254. He seeks leav...

  • United States v. McNeil
    21 F3d 1117
    Before: WIGGINS, T.G. NELSON, Circuit Judges, and REED, District Judge. MEMORANDUM Donald McNeil (McNeil) appeals his jury conviction and sentence on two counts of bank robbery. He argues that th...

  • United States v. W Rose
    20 F3d 367
    Peterson was sentenced to 240 months on each of the money laundering counts, 120 months on each of the interstate transportation counts and 60 months on each of the remaining counts, all sentences to ...

  • United States v. Young
    20 F3d 758
    A jury convicted Allen Young of conspiracy to possess with intent to distribute cocaine and of attempted possession with intent to distribute approximately one kilogram of cocaine, violations of 21 U....

  • United States v. Garcia
    21 F3d 1117
    MEMORANDUM Robert Ezquiel Garcia was convicted of two counts of abusive sexual conduct in violation of 18 U.S.C. Secs. 2244(a)(1), 2245(3), and 1152. Garcia now challenges his conviction, asserting,...

  • United States v. R Gibson
    19 F3d 1449
    As Fed.R.Crim.P. 11(a)(2) allows, Stephen R. Gibson entered a conditional guilty plea to possession with intent to distribute cocaine base (21 U.S.C. Sec. 841(a)(1), (b)(1)(B)(iii)). In this appeal f...

  • United States v. J Koory
    20 F3d 844
    Michael J. Koory appeals the district court's refusal to dismiss a second indictment against him. Koory was originally indicted on one drug charge and one weapon charge. The district court dismissed...

  • United States v. G Sprague
    21 F3d 1118
    Before: WIGGINS, T.G. NELSON, Circuit Judges, and REED, District Judge. MEMORANDUM Michael Sprague (Sprague) appeals his sentence following a guilty plea to one count of conspiracy to defraud the ...

  • Ambassador Books Video Inc v. City Of Little Rock Arkansas
    20 F3d 858
    This case involves constitutional challenges to a city ordinance that limits the areas of the city in which "sexually oriented businesses" may operate. The district court held the ordinance constitut...

  • Hunt v. Carr
    21 F3d 1121
    Petitioner James Sterlon Hunt appeals the district court's dismissal of his petition for writ of habeas corpus, 28 U.S.C. 2254. We have jurisdiction pursuant to 28 U.S.C. 1291, and we affirm. Petit...

  • United States v. Rodriguez Mejia
    20 F3d 1090
    Defendant Amador Rodriguez-Mejia appeals his conviction for possession with intent to distribute marijuana, 21 U.S.C. Sec. 841(a)(1), (b)(1)(D), asserting that the district court erred in giving an Al...

  • United States v. Kiefer
    20 F3d 874
    In this appeal, Ronald Joseph Kiefer argues that when the district court reduced his sentence under U.S.S.G. Sec. 5G1.3(b) for time served in state prison, it erred by refusing to go below the applica...

  • United States v. Pineda Paz
    21 F3d 420
    A jury convicted the appellant, Francisco Javier Pineda-Paz, of possessing cocaine base ("crack") with intent to distribute it. The evidence against him was strong. A coconspirator, Gonzalo Ceballo...

  • United States Of America v. Florentino Lopez Felix
    21 F3d 1117
    MEMORANDUM Florentino Lopez-Felix and Miguel de los Rios-Salcedo appeal their jury convictions for conspiracy and possession with intent to distribute marijuana in violation of 21 U.S.C. Sec. 846 and...

  • United States v. Vaughn
    22 F3d 1185
    This cause came to be heard on the record on appeal from the United States District Court for the District of Columbia, and was briefed and argued by counsel. While the issues presented occasion no n...

  • United States v. Murray
    22 F3d 1185
    This appeal was considered on the record from the United States District Court for the District of Columbia, on the briefs of counsel, and on oral argument. The arguments have been accorded full cons...

  • Donald M Bowen v. Frederick County Planning Commission
    21 F3d 421
    Donald M. Bowen appeals the magistrate judge's orders dismissing his 42 U.S.C. Sec. 1983 (1988) action and denying his Motion to Reconsider. Finding that Bowen's claim of wrongful issuance of arrest ...

  • United States v. Stearnes
    21 F3d 429
    Gary Alan Stearnes entered a guilty plea to charges of conspiring to distribute and distribution of cocaine. He now appeals the sentence imposed by the district court, claiming that the sentencing sc...

  • Kimberlin v. J Quinlan
    17 F3d 1525
    Appellee's Suggestion For Rehearing In Banc and the response thereto have been circulated to the full court. The taking of a vote was requested. Thereafter, a majority of the judges of the court in ...

  • Anderson v. A Collins
    18 F3d 1208
    Plaintiff-appellant Larry Norman Anderson (Anderson), convicted in a Texas court in 1983 of capital murder and sentenced to death, challenges the district court's denial of his petition for a writ of ...

  • Motley v. A Collins
    18 F3d 1223
    The opinion and dissenting opinion in this case filed on September 21, 1993, and reprinted at 3 F.3d 781 (5th Cir.1993), are withdrawn, and the following opinion is substituted therefor. Jeffrey Dea...

  • Fedro v. Reno
    21 F3d 1391
    Mr. Fedro indicated on the registration form that he would like to be placed in a full-time position at a GS-11 level as either a Criminal Investigator for the Office of Inspector General or a Crimina...

  • United States v. Taylor
    21 F3d 1123
    Defendant Troy Dwight Taylor appeals from the sentence imposed pursuant to his guilty plea entered on June 9, 1993. Defendant, a federal prison inmate who was serving a ninety-two month sentence when...

  • Kauffman v. Kent State University
    21 F3d 428
    Plaintiff Virginia Kauffman appeals an award of summary judgment to defendant Kent State University in this employment discrimination action. Plaintiff alleges two actions taken by defendant violated...

  • West v. United States
    21 F3d 1123
    Petitioner Kenneth D. West, appearing pro se, appeals the district court's denial of his 28 U.S.C. 2255 motion to vacate, set aside, or correct sentence. We have jurisdiction pursuant to 28 U.S.C. 12...

  • United States v. Baptista Rodriguez R
    17 F3d 1354
    Appellants Julio Diaz, Ramon Calvo, and Juan Baptista-Rodriguez (Baptista) were convicted of conspiracy and attempt to import and possess cocaine. For the reasons below, we affirm the convictions of ...

  • Glick v. United States Parole Commission
    21 F3d 1121
    Petitioner Casson Lee Glick, appearing pro se and seeking leave to proceed in forma pauperis, appeals the district court's dismissal of his petition for writ of habeas corpus, 28 U.S.C. 2241, claiming...

  • Wolde v. Us Immigration and Naturalization Service
    21 F3d 426
    Merkebu Wolde, a citizen of Ethiopia, petitions for review of the Board of Immigration Appeals' (BIA) decision denying his application for waiver of deportation. Because we find that the BIA did not ...

  • United States v. C Pogue Iii
    19 F3d 663
    Following his criminal conviction and sentence, but before his appeal could be heard by this court, the appellant, Edward C. Pogue, passed away. Appellant's counsel now moves that Pogue's appeal be d...

  • United States v. Cronkhite
    21 F3d 431
    Brett Cronkhite was convicted by a jury of attempting to pass a counterfeit obligation in violation of 18 U.S.C. Sec. 472. He was sentenced to four months of home detention, three years of probation,...

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