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  • United States v. E Smith
    31 F3d 469
    Raymond E. Smith, Jr. was charged in a three count indictment with distribution of cocaine. His case was tried in Chicago, with a visiting judge from the district of North Dakota presiding. At the ...

  • United States v. Martinez
    28 F3d 444
    Patrick Henry Martinez appeals his convictions for obstructing commerce by robbery, 18 U.S.C. Sec. 1951, and for using or carrying a firearm during a crime of violence, 18 U.S.C. Sec. 924(c)(1). Find...

  • Brown v. K Seigel
    30 F3d 1030
    Jacob Stephen Brown appeals the denial of his application for a writ of habeas corpus under 28 U.S.C. Sec. 2254. We affirm the judgment of the district court. Brown entered guilty pleas in Minnesot...

  • Carry Companies Of Illinois Inc v. National Labor Relations Board
    30 F3d 922
    The National Labor Relations Board (NLRB or Board) found that Carry Companies of Illinois, Inc. (the Company) committed several unfair labor practices as defined by the National Labor Relations Act, ...

  • Chickasaw Nation v. State Of Oklahoma Oklahoma Tax Commission E L
    31 F3d 964
    Appellant Chickasaw Nation ("Tribe" or "Chickasaw"), a federally recognized Indian tribe, challenged the State of Oklahoma's authority to impose certain taxes on sales, income, motor fuel and 3.2% bee...

  • United States v. Swoape
    31 F3d 482
    C. Bret Swoape entered a bank, leveled a shotgun at a teller, and demanded money. He directed all of the bank's employees to lie on the floor, leapt the counter, and scooped up more than $12,500 befo...

  • United States v. E Huels
    31 F3d 476
    In the summer of 1992, the Illinois Drug Task Force and the Illinois State Police discovered nine marijuana patches on a piece of public land near a lake in Fayette County, Illinois. They noticed tha...

  • United States v. Taylor
    31 F3d 459
    Taylor was the operator of a used car dealership in Fort Wayne, Indiana called Executive Motors. Taylor had been acquainted with a man named Edson Nolan for several years. Nolan, in turn, was acquai...

  • United States v. Landavazo Lopez
    30 F3d 140
    MEMORANDUM Reymundo Landavazo-Lopez appeals his conviction for possession with intent to distribute and import some 30 pounds of cocaine. 21 U.S.C. Secs. 841(a)(1), 952(a), and 861(a)(1). He argues...

  • Reams v. G Borg
    30 F3d 139
    MEMORANDUM Thomas Reams appeals the denial of his petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. Secs. 1291 and 2253. We review de novo the district court's denial of Re...

  • Mofrad v. Immigration and Naturalization Service
    30 F3d 139
    MEMORANDUM Behrooz Nikkhou Mofrad petitions for review of a decision of the Board of Immigration Appeals ("BIA") denying his applications for discretionary relief under Sec. 212(c) of the Immigration...

  • United States 94 7000 v. M Schein 93 7809
    31 F3d 135
    Appellant, Michael Schein ("Schein"), appeals a final judgment of conviction on obscenity charges entered against him by the United States District Court for the Middle District of Pennsylvania. The ...

  • Forte v. C Seabold
    30 F3d 133
    Petitioner-Appellant Forte ("Forte") appeals the district court's dismissal of his petition for writ of habeas corpus filed pursuant to 22 U.S.C. Sec. 2254. For the reasons stated below, we AFFIRM th...

  • United States v. Diaz
    26 F3d 1533
    Defendant-appellant Oscar Diaz and twelve co-defendants ("Appellants") appeal various aspects of their convictions and sentences arising out of their participation in a cocaine importation and distrib...

  • United States v. V Scott
    30 F3d 135
    Vicki Maddox posted a $10,000 bond to guarantee the appearance of Robert Scott who had been indicted on narcotics and firearms charges. Scott pled guilty but did not appear on the date set for senten...

  • Richards v. United States
    30 F3d 134
    Petitioner-appellee, Laura Jean Richards, filed a Motion To Set Aside Plea, pursuant to 28 U.S.C. Sec. 2255, in the United States District Court for the Eastern District of Michigan, Southern Division...

  • United States v. Patterson
    30 F3d 132
    A jury convicted Patricia Patterson on one count of bank robbery, 18 U.S.C.A. Sec. 2113(a) (West Supp.1994), and the court sentenced her to fifty-seven months in prison. She appeals her conviction. ...

  • United States v. Suleiman
    32 F3d 570
    Around 10:40 P.M. on May 14, 1991 there was a fire at Suleiman Food and Liquors, a grocery and liquor store located at 3834 West Chicago Avenue, in Chicago, Illinois. The store was owned by defendant...

  • United States v. Smith
    30 F3d 568
    ARGUED: Benjamin Thomas Stepp, Asst. Federal Public Defender, Greenville, SC, for appellant. William G. Yarborough, III, Asst. U.S. Atty., Greenville, SC, for appellee. ON BRIEF: J. Preston Strom,...

  • Jones v. Washington W
    32 F3d 570
    On July 7, 1984, Barbara Jones gave birth to a baby boy in the bathroom of her mother's apartment. Jones subsequently placed the baby in a plastic bag and threw him out the bathroom window down an ai...

  • United States v. Clark
    31 F3d 831
    During a search of Terrence Wayne Clark's home, law enforcement agents discovered several firearms and numerous marijuana plants. After the district court denied his motions to suppress evidence, Cla...

  • Travelers Indemnity Company v. Levi Strauss and Company
    30 F3d 140
    Before: GOODWIN and SCHROEDER, Circuit Judges, and KEEP, District Judge. MEMORANDUM Levi Strauss & Company appeals a summary judgment in favor of Travelers Indemnity Company. The district cou...

  • Alsheskie v. United States
    31 F3d 837
    The district court held that Albert Alsheskie, president of Lion Manufacturing, Inc., was not liable for penalties assessed against him under 26 U.S.C. Sec. 6672 based on Lion Manufacturing's failure ...

  • Vidal v. Williams
    31 F3d 67
    Peter Vidal appeals from a judgment of the District Court for the Southern District of New York, Preska, J., dismissing his petition for a writ of habeas corpus. The district court held that Vidal's ...

  • Smith v. A Dorsey Snmcf
    30 F3d 142
    Before TACHA and EBEL, Circuit Judges, and ROGERS, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assi...

  • United States v. L Mitchell
    31 F3d 628
    Arthur L. Mitchell was found guilty by a jury of one count of structuring a financial transaction to evade currency reporting requirements in violation of 31 U.S.C. Sec. 5324(3) (1988). The District ...

  • Cicippio v. Islamic Republic Of Iran
    30 F3d 164
    Appellants appeal from the district court's order dismissing their action against the Islamic Republic of Iran for lack of subject matter jurisdiction. Concluding that kidnapping is not, by its natur...

  • United States v. Wickham
    30 F3d 1252
    Defendant Gary Lee Wickham entered a conditional guilty plea to a charge of escape from custody in violation of 18 U.S.C. Sec. 751. He appeals the district court's denial of his motion to dismiss the...

  • United States v. W Evans
    30 F3d 1015
    Austin W. Evans, Jr., appeals his conviction and sentence on one count of extortion under color of official right in violation of 18 U.S.C. Sec. 1951 (the Hobbs Act) and five counts of using the Unite...

  • Trustees Of The Northwest Laundry and Dry Cleaners Health Welfare Trust Fund v. R Burzynski
    27 F3d 153
    Today we write the latest chapter in a medical iconoclast's long history of litigation over an unorthodox cancer treatment. The district court granted summary judgment for the plaintiff/appellee, the...

  • Jeldness v. B Pearce
    30 F3d 1220
    Martha C. Evans, Susan R. Pease, Evans Harrison Pease, Springfield, OR, for plaintiffs-appellants-cross-appellees. Rives Kistler, Asst. Atty. Gen., Salem, OR, for defendants-appellees-cross-appellan...

  • United States v. Saknikent
    30 F3d 1012
    Gary Saknikent appeals the district court's application of an abduction enhancement to his sentence for the rape and sodomy of a mentally-retarded nine-year-old girl. We affirm. The victim of this ...

  • Tomlin v. E Myers
    30 F3d 1235
    In this state habeas appeal, we consider whether petitioner was represented by constitutionally deficient counsel. * Sixteen years ago, Charles Tomlin was convicted of first degree murder for shooti...

  • Matthews v. P Roth
    32 F3d 570
    Renaldo Matthews filed a petition for habeas corpus in the district court, pursuant to 28 U.S.C. Sec. 2254. He raises several claims on appeal. We AFFIRM the judgment of the district court for the ...

  • Partee v. X Hopkins
    30 F3d 1011
    Prior to oral argument, a panel of this court held in Narcisse v. Dahm, 9 F.3d 38, 40 (8th Cir.1993), (i) "that the fundamental miscarriage of justice exception involves claims of actual innocence, as...

  • United States v. Nicolapolous
    30 F3d 381
    Spyredon Velentzas, Michael Grillo, and Peter Drakoulis appeal from their convictions by a jury before Judge Hurley. Velentzas, Grillo, and Drakoulis were convicted of RICO, RICO conspiracy, gambling...

  • Artes Roy v. Aspen City Of Ceo
    31 F3d 958
    Plaintiff Kristie Artes-Roy appeals the district court's judgment granting defendants Gary Lyman and the City of Aspen summary judgment on plaintiff's claims asserted under 42 U.S.C. Sec. 1983. At is...

  • United States v. Hinton
    31 F3d 817
    On January 22, 1993, Appellant Patrick Hinton was convicted of one count of assault with intent to murder under 18 U.S.C. Sec. 113(a). He was sentenced to 121 months imprisonment and three years supe...

  • United States v. Pratt
    31 F3d 625
    A jury convicted Henry Lee Pratt of seventeen criminal counts including firearm records violations, firearm sale and delivery violations, cocaine distribution and carrying a firearm in relation to dru...

  • In Re Grand Jury Subpoena 92 1 Appeal Of The Corporation
    31 F3d 826
    Richard G. Seeborg, Asst. U.S. Atty., San Jose, CA, for appellees. Appeal from the United States District Court for the Northern District of California. Before: WALLACE, Chief Judge, CHOY, Circui...

  • Donohoe v. Consolidated Operating and Production Corporation C
    30 F3d 907
    We address here the one remaining issue in this complex securities fraud suit arising out of an ill-fated oil-drilling project. The plaintiffs' claim, in a nutshell, is that the defendants fraudulent...

  • United States v. J Hathcoat
    30 F3d 913
    Kathy Jean Hathcoat, previously a bank teller at the Markleville Branch of the Pendleton Bank Company, in Pendleton, Indiana, pled guilty to a single count information charging her with embezzlement o...

  • United States v. Scarborough
    30 F3d 135
    Defendant Karen Scarborough appeals her conviction on one count of conspiracy to obstruct justice and several counts of making false statements before the grand jury. Defendant challenges her jury co...

  • United States v. R Heckman
    30 F3d 738
    Defendant James Heckman appeals the twenty-four month sentence imposed by the district court following his conviction on four counts of violating 26 U.S.C. Sec. 7206(1), filing false documents with th...

  • Quiedan Company Inc v. Central Valley Builders Supply Company Inc
    31 F3d 1178
    Quiedan Company, Inc., appeals the judgment of the United States District Court for the Northern District of California dismissing the complaint because Quiedan lacked standing to bring a suit for inf...

  • Balogun v. Immigration and Naturalization Service
    31 F3d 8
    Petitioner seeks review of a final order of deportation by the Board of Immigration Appeals (BIA). His sole argument on appeal is that the BIA erred in finding him deportable under the Immigration an...

  • Renz v. Scott
    28 F3d 431
    Petitioner-appellant Charles R. Renz (Renz) appeals dismissal of his 28 U.S.C. Sec. 2254 habeas corpus petition. We affirm. Facts and Proceedings Below On March 14, 1981, Renz, an ex-Marine, entered...

  • Barnett v. Centoni S
    31 F3d 813
    California state prisoner Lee Max Barnett, a death row inmate, appeals pro se the district court's summary judgment in favor of corrections officials in Barnett's 42 U.S.C. Sec. 1983 action. We have ...

  • Caldwell v. E Amend M
    30 F3d 1199
    Appellant Lawrence D. Caldwell, a prisoner incarcerated at the federal penitentiary in Lewisburg, Pennsylvania, appeals pro se from the district court's ruling that his motion for judgment N.O.V. was ...

  • Perez Everett v. Perez
    30 F3d 1209
    In this appeal from an order approving a Chapter 11 reorganization plan, we confront the iron maiden of bankruptcy reorganizations--the dreaded cram-down. * This case arises out of a personal Chapte...

  • Valenti v. J Cavanaugh Commissioner
    30 F3d 132
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of...

  • United States v. Smith
    30 F3d 132
    William C. Smith appeals from a district court order denying his motion to correct his sentence. We affirm. Smith was sentenced as a career criminal and contends that under the decision in United ...

  • United States v. Sauane
    30 F3d 127
    Defendant contends that the government breached its agreement to recommend a prison sentence at the low end of the "applicable sentencing guideline range" when it recommended a 60-month sentence, the ...

  • United States v. Olvera
    30 F3d 1195
    May a defendant be compelled at trial to recite statements made during a crime? * On July 9, 1991, a man wearing a cap and dark sunglasses entered the Security Pacific Bank in San Diego, California a...

  • United States v. Fernandez F
    32 F3d 573
    Fernandez next claims that the district court could not make restitution a condition of supervised release. In that he is mistaken. He seems to believe that the supervised release condition only bec...

  • United States v. Soriano
    32 F3d 573
    MEMORANDUM I. Soriano's appeal. Soriano appeals his conviction arguing that he was entrapped as a matter of law by Ming, a government informant. Although Ming's persistence certainly raised a seri...

  • United States v. Gardner
    32 F3d 573
    Before: TANG and WIGGINS, Circuit Judges, and HENDERSON, District Judge. MEMORANDUM Larry Kenneth Gardner appeals his conviction and sentence following entry of a conditional guilty plea to one co...

  • United States v. F Pierro
    32 F3d 611
    Defendant-appellant Darrell F. Pierro labors to convince us that the district court erred in refusing to grant him a separate trial, in refusing to declare a mistrial, and, following his conviction, i...

  • United States v. Towe
    26 F3d 614
    In 1990, Robert Edward Towe pleaded guilty to conspiracy to manufacture amphetamine in violation of 21 U.S.C. Sec. 846. The district court sentenced Towe to 108 months of imprisonment and five years ...

  • Walton v. S Lindler T
    30 F3d 132
    This is an appeal from a grant of summary judgment resulting in the dismissal of appellant's action seeking habeas corpus relief. Appellant, Willie Major Walton, pled guilty to two counts of cocaine...

  • Smizer v. Shillinger
    33 F3d 62
    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...

  • Cleveland
    30 F3d 373
    This appeal brings before us a married couple whose household belongings, after being transported by movers from Iowa to New York, were found upon arrival to be badly damaged. When claims made agains...

  • Jones v. Wal Mart Stores Inc D
    33 F3d 62
    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. E Perry
    30 F3d 708
    This is Perry's second appeal in this case, and the pertinent facts are set forth in this court's prior opinion. United States v. Perry, 991 F.2d 304 (6th Cir.1993). Briefly, a branch of the Pikevil...

  • United States v. W Hiebert
    30 F3d 1005
    Following a bench trial, David E. Hiebert was convicted of two counts of distributing marijuana in violation of 21 U.S.C. Sec. 841(a)(1); three counts of being a felon in possession of a firearm in v...

  • United States v. Parker
    30 F3d 542
    Defendant-appellant Afnan Jerome "Tony" Parker was indicted and convicted for distributing, or possessing with the intent to distribute, cocaine base ("crack") within 1000 feet of a playground. He wa...

  • United States v. Castillo Lara
    32 F3d 572
    MEMORANDUM Salvador Castillo-Lara appeals his eight-month sentence imposed following entry of a guilty plea to aiding and abetting the harboring of aliens in violation of 8 U.S.C. Sec. 1324(a)(1)(C) ...

  • United States v. James
    32 F3d 569
    Defendant-Appellant Clarence Stephen James appeals the district court's denial of his motion for a new trial. For the reasons set forth below, we affirm. * On February 23, 1991, Mr. James was drink...

  • Garberding v. Immigration and Naturalization Service
    30 F3d 1187
    Roberta Charmaine Garberding is a 42-year-old Canadian citizen in the United States as a lawful permanent resident. She pleaded guilty in Montana state court to possession of more than sixty grams of...

  • Erwin v. United States
    30 F3d 136
    In 1987 a jury convicted James R. Erwin of possession of a firearm by a felon in violation of 18 U.S.C. Sec. 922(g). Erwin received an increased sentence of 25 years' imprisonment pursuant to the pen...

  • United States v. Lomas
    30 F3d 1191
    Manuel Bustamante-Lomas appeals his conviction and sentence for illegal reentry after deportation and conviction for an aggravated felony in violation of 8 U.S.C. Sec. 1326(b)(2). He claims his prior...

  • United States v. W Chew
    32 F3d 572
    Before: WALLACE, Chief Judge, CANBY, Circuit Judge, and KELLEHER, District Judge. MEMORANDUM Defendant Michael Chew (Chew) appeals his conviction for fraudulently concealing property in a bankrupt...

  • United States v. Burton
    30 F3d 136
    Martin Burton seeks to reverse his convictions for possession of cocaine with intent to distribute, 21 U.S.C. Sec. 841(a)(1), use of a firearm during a drug trafficking offense, 18 U.S.C. Sec. 924(c)(...

  • United States v. J Shelton
    30 F3d 702
    Michael J. Mitchell, Asst. U.S. Atty. (argued and briefed), Hugh B. Ward, Jr., Office of U.S. Atty., Knoxville, TN, for plaintiff-appellee. Anthony Philip Lomonaco, Vaughan & Zuker, Knoxville, ...

  • United States v. E Webb
    30 F3d 687
    Elvis Webb appeals his sentence for violating supervised release and the continued obligation to pay restitution ordered at the time of his original sentence. For the reasons stated below, we remand ...

  • United States v. Eaton
    31 F3d 789
    Michael Wayne Eaton appeals his conviction and sentence under 18 U.S.C. Sec. 922(g)(1), which makes it unlawful for a felon convicted of a crime punishable by more than one year of imprisonment to "kn...

  • White v. Duval
    29 F3d 619
    Petitioner Edwin J. White, Jr., seeks a certificate of probable cause to appeal the dismissal of his 28 U.S.C. Sec. 2254 habeas petition. Assuming but not deciding that the district court should not...

  • Stack v. C Killian A A A
    30 F3d 134
    This case is before us on interlocutory appeal from the district court's order of summary judgment in favor of two of the defendants, Nancy Frank and Debra Donch, based on what the district judge char...

  • United States v. Hahn
    30 F3d 136
    Donald Hahn appeals from the sentence of three concurrent terms of 38 months' imprisonment that he received after pleading guilty to one count of conspiracy to possess items stolen from the United Sta...

  • Church Of Scientology International v. United States Department Of Justice
    30 F3d 224
    The plaintiff Church of Scientology International brought this action under the Freedom of Information Act (FOIA), 5 U.S.C. Sec. 552, to compel disclosure of documents held by the Department of Justic...

  • United States v. Navarro Espinosa
    30 F3d 1169
    Miguel Navarro-Espinosa appeals his conviction and sentence for conspiracy to distribute heroin, 21 U.S.C. Sec. 846; distribution of heroin, 21 U.S.C. Sec. 841(a)(1); and aiding and abetting distrib...

  • United States v. Osteen
    30 F3d 135
    Before: JONES and RYAN, Circuit Judges; and BERTELSMAN, Chief District Judge. Plaintiff-Appellant United States challenges the district court's finding that the Anti-Car Theft Act of 1992, 18 U.S....

  • United States v. Howard
    30 F3d 871
    Jerome Howard was the owner of a small ice cream/sandwich shop known as Mr. Penguin's Malt Shop located in East St. Louis, Illinois. After a flood damaged the malt shop in 1986, Howard applied for a ...

  • United States v. Sanchez Montoya
    30 F3d 1168
    The United States appeals the 24-month sentence imposed on Jose Angel Sanchez-Montoya following his conditional guilty plea to being found in the United States after having been deported following an ...

  • Fields v. Leapley W
    30 F3d 986
    Kenneth A. Fields appeals the district court's denial of his petition for habeas corpus under 28 U.S.C. Sec. 2254 (1988). Fields argues that the prosecutor at his trial violated his Fourteenth Amendm...

  • Wallace v. Mamula
    30 F3d 135
    Paul Wallace appeals from the district court's grant of summary judgment in favor of the defendants, Police Officer Robert Mamula and the City of Steubenville in this 42 U.S.C. Sec. 1983 action. Wall...

  • United States v. Tolbert
    30 F3d 137
    Pursuant to a written plea agreement, Lionel Tolbert pleaded guilty to one count of attempt to possess with intent to distribute one kilogram of cocaine in violation of 21 U.S.C. Secs. 841 and 846, an...

  • Bernard v. R Duckworth
    30 F3d 136
    Herman C. Bernard filed a petition for a writ of habeas corpus challenging the constitutionality of an Indiana habitual offender sentencing enhancement. The district court denied Bernard's Sec. 2254 ...

  • United States v. Connal
    30 F3d 136
    Gregg Connal pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute marijuana in violation of 21 U.S.C. Sec. 846 and one count of attempt to possess with inte...

  • United States v. Lee
    32 F3d 573
    MEMORANDUM Norman Eddy Lee's probation was revoked after the district court determined that he had violated a number of his probation terms. The district court found that Lee had violated a term tha...

  • United States v. S Welch
    32 F3d 573
    MEMORANDUM Defendant Jeffrey Welch ("Welch") appealed six distinct issues relating to his jury trial and to the sentence imposed by the district court judge. A jury convicted Welch of (1) two counts...

  • St Hilaire v. Parin
    29 F3d 634
    MEMORANDUM Gary St. Hilaire appeals pro se the district court's judgment in favor of defendants following a bench trial in St. Hilaire's 42 U.S.C. Sec. 1983 prisoner civil rights action. We have jur...

  • Silas v. Roche S Ll Ii Rw L
    29 F3d 634
    MEMORANDUM James Morris Silas, a former California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Secs. 1983, 1985(3) civil rights action alleging that his civil right...

  • Carr v. Allison Gas Turbine Division General Motors Corporation
    32 F3d 1007
    Mary Carr brought suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000e et seq., against her former employer, a division of General Motors, charging sexual harassment and seeking...

  • United States v. Crutchfield
    26 F3d 1098
    Appellants Tom and Penny Crutchfield were convicted by a jury of charges involving the illegal importation and the intent to sell certain Figi banded iguanas in the United States, in violation of 18 U...

  • United States v. Michael Hendricks J Ringling
    30 F3d 132
    Michael Ringling entered a plea of guilty on August 14, 1991 to conspiracy to possess with intent to distribute cocaine base in violation of 21 U.S.C. Sec. 846, pursuant to a Memorandum of Plea Agreem...

  • United States v. Gilliard
    30 F3d 131
    Robert Earl Walker, Donald Anthony Gilliard, and Juanita Walker Cooper appeal their convictions for conspiracy to possess with intent to distribute heroin. Cooper appeals her conspiracy conviction on...

  • United States v. McClain
    30 F3d 1172
    Thomas Lavell McClain appeals his 97-month sentence imposed following entry of a guilty plea to possession of cocaine hydrochloride and cocaine base with intent to distribute in violation of 21 U.S.C....

  • Anzivino v. A Lewis
    32 F3d 572
    Before: WALLACE and WIGGINS, Circuit Judges and TURRENTINE, District Judge. MEMORANDUM The State of Arizona charged Mark Anzivino as a juvenile with first-degree murder, aggravated robbery, second...

  • United States v. Dago
    33 F3d 63
    We see no error arising from the remaining issues. We shall, however, address them briefly for the benefit of the parties. There is no merit in defendant's argument concerning the validity of the w...

  • Pardue v. Burton
    26 F3d 1093
    Appellee Michael Rene Pardue, an Alabama state prisoner, filed a petition for a writ of habeas corpus to set aside his guilty pleas to two state-court counts of first degree murder and three counts of...

  • United States v. P Mastronardi
    30 F3d 132
    James P. Mastronardi pled guilty to conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. Sec. 846 (1988), and money laundering, in violation of 18 U.S.C.Sec. 1956(a)(1)(A...

  • Kelly Iii v. Panama Canal Commission
    26 F3d 597
    The Panama Canal Commission ("Commission") appeals from a judgment rendered against it by the district court in the wrongful death action brought by the widow and child of Captain James Kelly. Jeanne...

  • United States v. Sylva
    32 F3d 573
    Before: FERNANDEZ, RYMER and T.G. NELSON, Circuit Judges MEMORANDUM David Wayne Sylva appeals his conviction upon a conditional plea of guilty to possessing methamphetamine within 1,000 feet of an...

  • United States v. Nelson
    32 F3d 573
    Before: FERNANDEZ, RYMER and T.G. NELSON, Circuit Judges MEMORANDUM Gerard Lamont Nelson appeals his conviction after a guilty plea and sentence under the Sentencing Guidelines for possession of c...

  • Stricklen v. Federal Aviation Administration
    32 F3d 572
    MEMORANDUM In these consolidated appeals, Kurt S. Stricklen petitions for review of an order of the National Transportation Safety Board (NTSB or Board) affirming an emergency order of the Federal Av...

  • United States v. Cadavid
    32 F3d 572
    MEMORANDUM Daniel Mencos, Jose Abdala, and Ruben Cadavid appeal their jury convictions for conspiracy to possess cocaine with intent to distribute, and possession of cocaine with intent to distribute...

  • United States v. Salemi
    26 F3d 1084
    Because the district court improperly made two downward departures in sentencing, and refused to apply two sentencing enhancements, we vacate the sentence and remand for resentencing. On December 26...

  • United States v. D Thompson
    29 F3d 637
    MEMORANDUM James Donald Thompson appeals his misdemeanor conviction for assault by striking, in violation of 18 U.S.C. Sec. 113(d) (penalizing assaults committed within the maritime and territorial j...

  • Bonner v. Holt
    26 F3d 1081
    Wallace Bonner is an Alabama prisoner seeking relief pursuant to 28 U.S.C. Sec. 2254. He appeals the district court's denial of his petition for a writ of habeas corpus. For the reasons stated below...

  • United States v. Camargo Vergara
    26 F3d 1075
    In this cocaine conspiracy case, we affirm the convictions and sentences of two of the appellants, but reverse the convictions and vacate the sentences of the remaining appellant. On April 26, 1991,...

  • Downey v. A Clauder
    30 F3d 681
    Attorney Mark Vander Laan maintains that the district court erred in holding him in contempt of court for failing to timely withdraw a copy of a civil complaint forwarded to the Cincinnati Bar Associa...

  • Sassower v. American Bar Association
    33 F3d 733
    More than a decade ago Puccini Clothes, Ltd., was liquidated. At the time of its dissolution George Sassower was a creditor. Sassower, a disbarred lawyer, believes that various other persons drained...

  • McLaurin v. Fc Prater Co 1 McLaurin
    30 F3d 982
    Prater appeals the district court's determination that he violated McLaurin's Eighth Amendment right to be free from cruel and unusual punishment. McLaurin cross-appeals the district court's decision...

  • McMaster
    30 F3d 976
    The question in this case is whether inmates of state correctional facilities are entitled to be paid the federal minimum wage established under the Fair Labor Standards Act for work performed inside ...

  • Association For Retarded Citizens Of Connecticut Inc v. Thorne and
    30 F3d 367
    The Commissioner of the Connecticut Department of Public Health & Addiction Services, formerly known as the Department of Health Services (hereinafter "DHS"), appeals from a judgment of the United...

  • Smith v. Oklahoma Department Of Corrections
    30 F3d 142
    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. Reyes
    30 F3d 132
    Ruben Dario Reyes raises numerous issues on appeal following his conviction by a jury of possession with intent to distribute crack cocaine, a violation of 21 U.S.C. Sec. 841(a)(1) and (b)(1)(A) and 1...

  • United States v. H Tuesta Toro
    29 F3d 771
    Following a three-day trial, a jury returned guilty verdicts on four drug-related charges against defendant-appellant Hector H. Tuesta Toro ("Tuesta"), who was sentenced to serve 128 months in prison,...

  • United States v. A Horn
    29 F3d 754
    During pretrial proceedings, the government made more than 10,000 documents available for inspection at the Boston office of Aspen Systems, an independent document management firm retained by the Task...

  • Ayers v. Evans
    30 F3d 141
    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...

  • Sartawi v. Gomez
    32 F3d 572
    Before: FERNANDEZ, RYMER, and T.G. NELSON, Circuit Judges MEMORANDUM California state prisoner Wahid Sartawi appeals the district court's denial of his petition for a writ of habeas corpus, 28 U.S...

  • United States v. Ahluwalia
    30 F3d 1143
    Harpal Singh Ahluwalia appeals the conviction entered on his conditional plea of guilty to conspiracy to bribe a public official, 18 U.S.C. Sec. 371. He bribed Gregory Ward, the Chief Legalization Of...

  • United States v. Chischilly
    30 F3d 1144
    On July 2, 1992, appellant Daniel Chischilly ("Chischilly") was convicted by a jury in the United States District Court for the District of Arizona of aggravated sexual abuse and murder in violation o...

  • Gray v. Washington
    30 F3d 136
    Terry Gray, in state prison for murder, believes that the district judge erred in denying his petition for a writ of habeas corpus. Three witnesses testified that they saw Gray in an alley with the ...

  • Gray v. E English M
    30 F3d 1319
    This is an appeal of awards of attorney's fees to the law firm of English, Jones & Faulkner (EJ & F) for services rendered to the trustee in a bankruptcy proceeding. The senior partner in EJ ...

  • United States v. Rodriguez
    30 F3d 1318
    EBEL, Circuit Judge, 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...

  • Hess v. Pinkley Wernz
    29 F3d 632
    MEMORANDUM Willie F. Hess, an Oregon state prisoner, appeals pro se the district court's summary judgment for defendant prison officials in Hess's 42 U.S.C. Sec. 1983 action. Hess contends that defe...

  • United States v. K Holdridge
    30 F3d 134
    Defendant, Michael K. Holdridge, appeals his convictions and sentences for eight offenses stemming from the manufacture and possession of pipe bombs. These convictions include malicious destruction o...

  • Blocker v. Hall B
    29 F3d 630
    MEMORANDUM Tyrone Blocker, an Oregon state prisoner, appeals pro se the district court's summary judgment for defendant prison officials in this action under 42 U.S.C. Sec. 1983 which alleged that Bl...

  • Burkes v. Securities and Exchange Commission
    29 F3d 630
    MEMORANDUM Timothy Lane Burkes petitions pro se for review of the Securities and Exchange Commission's ("SEC") decision finding that Burkes violated the Rules of Fair Practice of the National Associa...

  • Price v. M Arpaio
    29 F3d 633
    MEMORANDUM Arizona state detainee Mark Steven Price, a pretrial detainee classified for maximum security, appeals pro se the district court's dismissal prior to issuance and service of process of his...

  • United States v. Freter
    31 F3d 783
    Daryl Alan Freter appeals his jury conviction for failing to notify federal authorities of the release of a reportable quantity of a hazardous substance from a facility in his charge in violation of 4...

  • United States v. H Hutchins
    30 F3d 132
    In this consolidated appeal, James Hutchins, Dwight Jones, Joanie Radford, and Jamil Rasheed challenge their convictions for narcotics offenses. Each defendant contends that the evidence was insuffic...

  • United States v. Kinard
    29 F3d 636
    MEMORANDUM Terrance Kinard pled guilty to conspiracy to possess with intent to distribute crack cocaine, in violation of 18 U.S.C. Sec. 371. On appeal, Kinard argues that the district court erred in...

  • United States v. Hamilton
    30 F3d 131
    Appellant Frederick Dean Hamilton appeals his conviction for kidnapping to aid escape and related firearms offenses. Several issues, both evidentiary and sentencing, have been explored on appeal. Th...

  • United States v. Edge
    30 F3d 134
    This appeal from sentencing after a drug conviction is before us for the second time. Dwayne Allen Edge's ("Edge") first appeal from the sentence imposed upon him resulted in this court's remand for ...

  • Wilmer v. Johnson
    30 F3d 451
    This appeal from an order of the district court dismissing a petition for writ of habeas corpus presents the question whether the Double Jeopardy Clause of the Fifth Amendment to the United States Con...

  • Cs Ho v. Born
    29 F3d 632
    MEMORANDUM Richard C.S. Ho, an adult corrections officer employed by the State of Hawaii Department of Public Safety, appeals the district court's judgment on the pleadings in favor of three internal...

  • Bemis v. United States
    30 F3d 220
    Petitioner Gregg Bemis appeals pro se from the summary dismissal of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. Sec. 2255. The centerpiece of his petition is the allegati...

  • United States v. L Huguenin
    30 F3d 127
    Defendant-appellant Robert L. Huguenin appeals pro se from a district court order revoking his probation and sentencing him to an additional period of incarceration. For the reasons stated below, we ...

  • In Re Grand Jury Proceedings United States Of America
    30 F3d 126
    Respondent John Doe appeals from the denial of a second motion to vacate an order of civil contempt. For the reasons that follow, we affirm. In the fall of 1993, respondent was called to appear bef...

  • Curry v. Flack
    29 F3d 631
    MEMORANDUM Curry argues that the district court erroneously failed to treat his action as a petition for writ of habeas corpus. Where an action under 42 U.S.C. Sec. 1983 challenges the fact or durat...

  • United States v. Brown
    30 F3d 131
    Appellants Phillip Charles Brown ("P.C. Brown"), Robert Mark Brown ("R.M. Brown"), and Isaac Baylis ("Baylis") were jointly tried and convicted of various crimes with respect to their roles in a trifo...

  • In Re James B Metcalf
    30 F3d 134
    Appellant James B. Metcalf, debtor to Appellees Evelyn Mitchell and Brinkman Oil Co. ("Brinkman"), argues that his obligations were dischargeable under the Bankruptcy Code. In separate orders, the b...

  • In Re Grand Jury Proceedings
    30 F3d 126
    Appellant has appealed from an order of the district court holding him in civil contempt for refusing, despite a grant of immunity, to testify as a witness before a grand jury. See 28 U.S.C. Sec. 182...

  • Pollard v. R Jones
    30 F3d 134
    The State of Tennessee appeals from the district court's grant of Harland Pollard's petition for a writ of habeas corpus. The only issue briefed by the parties is whether Pollard exhausted his state ...

  • Securities and Exchange Commission v. A Bilzerian
    29 F3d 689
    Paul A. Bilzerian appeals two district court orders entered against him in favor of the Securities and Exchange Commission (SEC). First, Bilzerian appeals the order granting partial summary judgment ...

  • United States v. Ramirez
    29 F3d 636
    Before: FLETCHER and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM Appellant Joseph Ramirez appeals his sentence under the sentencing guidelines for his guilty plea conviction of con...

  • United States v. V Logan
    29 F3d 636
    MEMORANDUM Eric Logan was convicted for violating 18 U.S.C. Secs. 2, 2113(a), and 2113(d) for aiding and abetting armed bank robbery. At trial, the prosecution questioned Logan regarding an earlier ...

  • United States v. Ortiz
    29 F3d 636
    Before: REINHARDT and LEAVY, Circuit Judges, and BROWNING, District Judge. MEMORANDUM Romulo Balladares Ortiz appeals from his conviction for bank fraud, under 18 U.S.C. Sec. 1344 (1988), and aidi...

  • United States v. Wheeler
    29 F3d 637
    MEMORANDUM Edwin "Bud" Wheeler appeals his jury conviction for securities fraud for making certain misstatements and omissions in a registration statement and its amendments filed with the Securities...

  • United States v. Flores Juarez
    29 F3d 635
    MEMORANDUM Defendant Martin Flores-Juarez appeals the sentence and fine imposed on him for possession of cocaine with intent to distribute. Pursuant to a plea agreement, Flores-Juarez waived the rig...

  • United States v. Werhan
    29 F3d 637
    MEMORANDUM Glen Werhan appeals his sentence under the Sentencing Guidelines imposed following his conviction by guilty plea to cultivating marijuana plants, in violation of 21 U.S.C. Sec. 841(a)(1). ...

  • United States v. Gaxiola
    29 F3d 635
    MEMORANDUM Ernest C. Gaxiola entered a conditional plea of guilty to one count of possession with the intent to distribute more than 500 grams of cocaine, 21 U.S.C. Sec. 841(a)(1) and one count of di...

  • United States v. R Cimino Iv
    29 F3d 635
    Before: FLETCHER and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM Joseph Rudolph Cimino IV appeals his jury conviction for four counts of bankruptcy fraud, in violation of 28 U.S.C....

  • United States v. Carrillo
    29 F3d 635
    MEMORANDUM Juan Heriberto Carrillo was convicted on his plea of guilty to one count of possession with intent to distribute in excess of 20 kilograms of cocaine in violation of 21 U.S.C. Sec. 841(a)(...

  • United States v. H Harris
    30 F3d 136
    Spencer H. Harris pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922(g). The district court denied a motion to withdraw the plea and sentenced Harris to 96...

  • United States v. D Dicesare
    29 F3d 635
    MEMORANDUM Dario Dicesare appeals the district court's denial of his motion for a new trial without an evidentiary hearing after a jury convicted him of committing narcotics offenses and assaulting a...

  • United States v. Beckley
    30 F3d 134
    The single question raised by this appeal is whether the defendant, Bobby Carroll Beckley, was properly sentenced as a "career offender," rather than as an "armed career criminal." We find error and...

  • United States v. Holden
    29 F3d 635
    Before: TANG and WIGGINS, Circuit Judge, and HENDERSON, District Judge. MEMORANDUM Jack Holden appeals his jury conviction for wire fraud, money laundering and interstate transportation of stolen ...

  • Chapman v. L Kerby
    30 F3d 141
    Petitioner appeals the district court's dismissal of his petition for writ of habeas corpus, 28 U.S.C. 2254. We have jurisdiction under 28 U.S.C. 1291. Petitioner presented the following issues bel...

  • United States v. Rhodes
    30 F3d 142
    ORDER AND JUDGMENT David Thomas Rhodes (Rhodes) appeals from the judgment and sentence entered pursuant to a jury verdict finding Rhodes guilty of knowingly, intentionally, and unlawfully possessing ...

  • United States v. Strickland
    29 F3d 637
    MEMORANDUM Marcelius Edward Strickland appeals his conviction and sentence of 151 months imposed following his plea of guilty to distributing cocaine base in violation of 21 U.S.C. Sec. 841(a)(1). S...

  • Fisons Horticulture Inc 93 7224 v. Vigoro Industries Inc 93 7287
    30 F3d 466
    This is a trademark infringement case concerning products in the home lawn and garden market. The owner of the trademark "Fairway" for peat moss alleges another company infringed its right to the mar...

  • United States v. Licciardi
    30 F3d 1127
    Michael Licciardi appeals his conviction under 18 U.S.C. Sec. 371 of conspiracy to defraud the United States by obstructing the functions of the Bureau of Alcohol, Tobacco and Firearms (the BATF); of...

  • Grillo v. A Coughlin C P L F L C
    31 F3d 53
    Plaintiff-Appellant John Grillo brought this action under 42 U.S.C. Sec. 1983, alleging that his due process rights were violated in the course of a prison disciplinary hearing. Grillo's principal cl...

  • Williams v. Ar Bd Of Parole
    42 F3d 1393
    AFFIRMED. ...

  • Lind v. G Grimmer
    30 F3d 1115
    Hawaii Rev.Stat. Sec. 11-216(d) prohibits disclosure of information concerning investigations undertaken by Hawaii's Campaign Spending Commission. The State of Hawaii appeals the district court's gra...

  • Myers v. County Of Lake Indiana
    30 F3d 847
    Steven Myers, age 16, was in the custody of Lake County, Indiana, during 1988 as a juvenile delinquent. While at an "open" facility he stole a staff member's car, leading to a transfer to more secure...

  • Naranjo Aguilera
    30 F3d 1106
    Donald E. Keener, Office of Immigration Litigation, U.S. Dept. of Justice, Washington, DC, for defendants-appellants-cross-appellees. Appeal from the United States District Court for the Eastern Dis...

  • United States v. Martini
    31 F3d 781
    Steve Martini went to trial instead of accepting a plea agreement that would have resulted in a 70-month minimum sentence. He was convicted of two drug-related crimes and sentenced to ten years in pr...

  • United States v. Orr
    29 F3d 636
    Before: FERNANDEZ, RYMER, and T.G. NELSON, Circuit Judges MEMORANDUM John Orr appeals his jury conviction and the restitution order imposed as part of his sentence for three counts of arson, in vi...

  • United States v. Prieto Arauza
    29 F3d 636
    MEMORANDUM Jose Merced Prieto-Arauza appeals his 84-month sentence imposed following his conditional guilty plea to being found in the United States after having been deported subsequent to a convict...

  • United States v. Merritt
    29 F3d 636
    MEMORANDUM Russell Merritt appeals his sentence of five years' probation imposed following entry of a guilty plea to misdemeanor bank larceny in violation of 18 U.S.C. Sec. 2113(b). Merritt contends...

  • United States v. Orci Dominguez
    29 F3d 636
    MEMORANDUM Martin Jesus Orci-Dominguez appeals his conviction and 121-month sentence, imposed following a jury trial, for possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 8...

  • Vivian v. Poole
    29 F3d 637
    MEMORANDUM Linda Mae Vivian, a California state prisoner, appeals pro se the district court's denial of her 28 U.S.C. Sec. 2254 habeas petition challenging her conviction following a guilty plea to s...

  • United States v. D Raygoza Rocha
    29 F3d 637
    MEMORANDUM Jose D. Raygoza-Rocha and Dina Lillibeth Garcia appeal their convictions, following a jury trial, of conspiracy to possess with intent to distribute marijuana, 21 U.S.C. Secs. 841(a)(1), (...

  • Jones v. Holvey Ia
    29 F3d 828
    Appellant Keith Jones, who is currently incarcerated at New Jersey State Prison in Trenton, filed this complaint in the United States District Court for the District of New Jersey under 42 U.S.C. Sec....

  • Csx Transportation Incorporated v. United Transportation Union
    29 F3d 931
    CSX Transportation Incorporated ("CSXT") has appealed the district court's affirmance of Arbitration Award No. 22 of Public Law Board No. 4069. That arbitration resolved a dispute between CSXT and th...

  • Mackey v. Dyke
    29 F3d 1086
    The question in this case is whether Michigan prison officials violated an inmate's due process rights by failing to return the inmate promptly to the general prison population from administrative seg...

  • United States v. Trevino
    32 F3d 563
    Johnny Trevino appeals the sentence of forty-one months he received on his guilty plea to possession with intent to distribute marijuana, 21 U.S.C.A. Sec. 841 (West 1981 & Supp.1994). He maintain...

  • United States v. Denoyer
    29 F3d 635
    Before: REINHARDT and NOONAN, Circuit Judges, and TANNER, District Judge. MEMORANDUM Dale Denoyer, an inmate in the United States Penitentiary at Lompoc, California, appeals his conviction for pos...

  • Minner v. Kerby
    30 F3d 1311
    Stephen P. McCue, Asst. Federal Public Defender, Albuquerque, NM, for petitioner-appellant. Gail MacQuesten, Asst. Atty. Gen. of New Mexico (Tom Udall, Atty. Gen. of New Mexico, with her on the brie...

  • Iacobelli Construction Inc v. County Of Monroe and Pc
    32 F3d 19
    The Rochester Pure Waters District ("RPWD"), an agent for the County of Monroe in New York, was responsible for the overall administration of the Combined Sewer Overflow Abatement Project for Rocheste...

  • Romine
    29 F3d 634
    MEMORANDUM The above-named plaintiffs (collectively "Appellants") appeal the district court's grant of summary judgment and dismissal of their claims in a civil rights action brought by them against ...

  • United States v. Cole
    32 F3d 16
    This case presents an issue of first impression in this court: whether 8 U.S.C. Sec. 1326(b)(1) constitutes a separate criminal offense from Sec. 1326(a) or whether it is a sentence-enhancement provi...

  • United States v. Bausley
    32 F3d 563
    Tyrone Bausley was convicted by a jury of conspiracy to distribute crack cocaine, 21 U.S.C.A. Sec. 846 (West Supp.1994), and of six counts of distribution of crack cocaine, 21 U.S.C.A.Sec. 841 (West 1...

  • United States v. Banos Rivera
    29 F3d 634
    MEMORANDUM Jose Banos-Rivera appeals his conviction for conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. Sec. 846. Banos-Rivera contends that the district court ab...

  • United States v. Steadman
    32 F3d 563
    John Walter Steadman pled guilty to one count of bank extortion, 18 U.S.C.A. Sec. 2113(a) (West Supp.1994), and was sentenced to a term of thirty-seven months, the bottom of the guideline range. He c...

  • United States v. Ramirez Frias
    29 F3d 636
    MEMORANDUM Gabino Ramirez-Frias appeals his 70-month sentence imposed following his conditional guilty plea to being found in the United States after having been deported subsequent to a conviction f...

  • United States v. Hernandez Gutierrez
    29 F3d 635
    MEMORANDUM Leticia Hernandez-Gutierrez appeals her conviction and 46-month sentence imposed following a guilty plea to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C...

  • United States v. Hinojosa Torres
    29 F3d 635
    MEMORANDUM Rogelio Hinojosa-Torres appeals his convictions following a jury trial for conspiracy to possess and possession with intent to distribute cocaine in violation of 21 U.S.C. Secs. 841(a)(1),...

  • United States v. Fairly
    29 F3d 635
    Before: FERNANDEZ, RYMER and T.G. NELSON, Circuit Judges MEMORANDUM Melvin Fairly appeals the denial of a motion to suppress evidence seized from his car and his house, and a motion for a Franks h...

  • United States v. Cabrera
    29 F3d 635
    MEMORANDUM Carlos Rene Cabrera appeals his convictions for conspiracy to distribute cocaine in violation of 21 U.S.C. Secs. 841(a)(1), 846, and aiding and abetting the distribution of cocaine in viol...

  • United States v. Castro Sanchez
    29 F3d 635
    MEMORANDUM Hugo Antonio Castro-Sanchez appeals his 77-month sentence imposed following his conditional guilty plea to being found in the United States after having been deported following an aggravat...

  • McNabb v. W Riley
    29 F3d 1303
    The Randolph-Sheppard Vending Stand Act, 20 U.S.C. Secs. 107-107f (the "Act"), creates a complex federal-state administrative regime intended to give blind persons preferential opportunity to operate ...

  • Snajder v. Immigration and Naturalization Service
    29 F3d 1203
    On July 28, 1991, an immigration judge (IJ) determined that Vlado Snajder was deportable and ordered him deported to Yugoslavia. Mr. Snajder appealed to the Board of Immigration Appeals (BIA) and ask...

  • Lord v. Duckworth
    29 F3d 1216
    In 1987, a jury in the circuit court of Gibson County, Indiana, convicted the petitioner, Charles Thomas Lord of murder, for which he received a sentence of eighty years imprisonment. After unsuccess...

  • United States v. S Menzer
    29 F3d 1223
    A federal grand jury sitting in Milwaukee, Wisconsin, returned a one-count indictment against the defendant charging him with arson resulting in the death of his two children. A jury returned a guilt...

  • United States v. Maestas
    30 F3d 142
    Mr. Maestas appeals from the district court's denial of his motion for a new trial based upon newly discovered evidence, Fed.R.Crim.P. 33. In 1991, he was convicted of manufacturing more than 100 mar...

  • United States v. Nash
    29 F3d 1195
    Louis Nash, and his son, Ken Nash, were involved in the marijuana business. Both pleaded guilty to conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. Secs. 846 and 84...

  • Resolution Trust Corporation v. Ford Mall Associates Limited Partnership
    30 F3d 93
    Pope Associates, Inc. (Pope Associates), appeals from a final order entered in the District Court for the District of Minnesota holding that its mechanic's lien for architectural services is junior t...

  • United States v. Cowan
    30 F3d 142
    Mr. Cowan was convicted of conspiracy to distribute marijuana in excess of one-hundred kilograms, 21 U.S.C. 846, 841(a)(1), 841(b)(1)(B)(vii), and now appeals from the district court's denial of his m...

  • United States v. E Staples
    30 F3d 108
    The appellant has consistently challenged the sufficiency of the evidence in this case, including motions at trial for a judgment of acquittal at the close of the government's case and at the close of...

  • Prymer v. Ogden
    29 F3d 1208
    Johnny Lee Prymer brought this action under 42 U.S.C. Sec. 1983 in which he alleged that the defendants, Officers Kevin Ogden, Simon Solis, and Mark Hollis, violated his Fourth Amendment rights when t...

  • United States v. Sanchez
    30 F3d 142
    Mr. Sanchez, appearing pro se, appeals from the district court's effective denial of ten of his pleadings because the case was closed. I R. doc. 11 and 13. The parties are familiar with the facts an...

  • United States v. Ivory
    29 F3d 1307
    Defendant Bernard Ivory, having been tried and convicted, and then granted a new trial, appeals from an interlocutory order entered in the United States District Court for the Northern District of Iow...

  • Roland v. G Borg
    29 F3d 634
    MEMORANDUM Keith Terell Roland, a state prisoner, appeals pro se the district court's denial of his petition for a writ of habeas corpus. Roland contends that he is entitled to habeas relief because...

  • Alex v. City Of Chicago M McKittrick
    29 F3d 1235
    These consolidated cases involve identical claims by current and former paramedic employees of the Fire Department of the City of Chicago that they are entitled to overtime pay for hours worked in exc...

  • United States v. Cotto Aponte
    30 F3d 4
    Following a two-day jury trial, appellant Emilio Cotto Aponte ("Cotto") was convicted of possessing cocaine with intent to distribute. See 21 U.S.C. Sec. 841(a)(1), 18 U.S.C. Sec. 2 (1993). On appea...

  • United States v. Clark
    30 F3d 23
    Richard R. Clark used marihuana while on supervised release. In the revocation proceeding, the district court refused to apply 18 U.S.C. Sec. 3583(g), which would have required a sentence of at least...

  • United States v. Thompson
    25 F3d 1558
    F. Robert Raley, Macon, GA, for appellant. Edgar Ennis, U.S. Atty., Dixie A. Morrow, Asst. U.S. Atty., Macon, GA, for appellee. Appeals from the United States District Court for the Middle Distric...

  • Crow Tribe Of Indians v. Campbell Farming Corporation
    31 F3d 768
    The Crow Tribe of Indians brought an action against Campbell Farming Corporation, Robert Earl Holding and several companies controlled by Holding for violating section 2 of the Crow Allotment Act of 1...

  • United States v. Hulett
    29 F3d 635
    MEMORANDUM Bobby Joe Hulett appeals his conviction following entry of a conditional guilty plea to possession of an unregistered firearm in violation of 26 U.S.C. Sec. 5861(d). Hulett contends that ...

  • United States v. Cox
    30 F3d 131
    Larry Dean Cox appeals the fourteen-month sentence he received on his guilty plea to conspiracy to distribute morphine and meperidine hydrochloride (Demerol), 21 U.S.C.A. Sec. 846 (West Supp.1994). H...

  • United States v. Danko
    30 F3d 131
    Pat Danko appeals the career offender sentence he received after his guilty plea to distribution of cocaine, 21 U.S.C.A. Sec. 841 (West 1981 & Supp.1993). He also contends that his plea was inval...

  • Holland v. Department Of Air Force
    31 F3d 1118
    Kelvin R. Holland appeals from a decision of the Merit Systems Protection Board (MSPB or board), sustaining the decision of the Department of the Air Force (Air Force or agency) to demote him from his...

  • Smith v. Van Boening
    29 F3d 634
    MEMORANDUM Scott Smith, a Washington state prisoner, appeals pro se the district court's order granting defendants' motion for summary judgment in his 42 U.S.C. Sec. 1983 action. Smith contends that...

  • Maxwell v. Deeds
    29 F3d 633
    MEMORANDUM Leo Maxwell appeals pro se the district court's denial of his petition for habeas relief. He contends that the district court wrongly rejected his arguments that he was charged with an un...

  • United States v. Mobley
    30 F3d 132
    Appellant in this case raises numerous challenges to his drug and firearms convictions and to his resulting sentence. Because we find that these challenges are without merit, we affirm the judgment o...

  • United States v. Baca
    29 F3d 634
    MEMORANDUM Frank Joseph Baca appeals the 63-month sentence imposed following his guilty plea to bank robbery in violation of 18 U.S.C. Sec. 2113(a). Baca contends the district court erred by denying...

  • Carter v. Do Lucas
    30 F3d 128
    Plaintiff appeals the summary judgment dismissal of various claims under 42 U.S.C. Sec. 1983 and the dismissal without prejudice of several pendent state law claims under 28 U.S.C. Sec. 1347. This co...

  • Jauregui v. J Martinez
    29 F3d 632
    MEMORANDUM** Rosendo Jauregui, an Arizona state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition for failure to exhaust state remedies. We have juri...

  • Jamison v. A Lewis
    29 F3d 632
    MEMORANDUM David W. Jamison, an Arizona state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his convictions for sexual assault, aggravate...

  • United States v. Anderson
    29 F3d 634
    MEMORANDUM Merritt Irwin Anderson appeals his ten-month sentence imposed following his guilty plea for extortion, in violation of 18 U.S.C. Sec. 875(d). Anderson contends that the district court vio...

  • In Re Stan L Floyd Herbert D Muise and Mark A Stanish
    31 F3d 1178
    Weyerhaeuser Company, assignee of United States Serial No. 07/577,990 (the '990 application), appeals the decision of the Board of Patent Appeals and Interferences (Board) affirming the examiner's rej...

  • United States v. Abbott
    30 F3d 71
    In January 1993, a grand jury brought a four-count indictment against defendant Frank Abbott, charging him with (1) possession with intent to distribute methamphetamine in violation of 21 U.S.C. Sec. ...

  • Forbes v. Dimodica
    29 F3d 631
    MEMORANDUM Charles Ray Forbes, Sr. appeals the district court's dismissal of his 42 U.S.C. Sec. 1983 complaint alleging that detective Dimodica violated his constitutional rights by telling Forbes' s...

  • United States v. Harding
    32 F3d 569
    Richard Harding appeals the district court's denial of his post-sentencing motion to nullify a provision in his plea agreement. In this provision, Harding waived the right to collaterally appeal, und...

  • United States v. Menichino
    32 F3d 569
    The defendant, Andrew Menichino, was charged in a 46-count indictment with various offenses related to bank fraud, including (1) conspiracy to commit bank fraud, criminal misapplication of bank funds,...

  • United States v. Cabanillas
    29 F3d 635
    MEMORANDUM On May 6, 1993, defendants Cabanillas and Evans each entered pleas of guilty pursuant to Rule 11(a)(2) of the Federal Rules of Criminal Procedure to Conspiracy to Possess with Intent to Di...

  • United States v. White
    30 F3d 132
    A jury rejected defendant-appellant Ronald Stephen White's asserted defense of insanity and convicted him of bank robbery and carrying a firearm during a bank robbery. White appeals. We affirm. On...

  • United States v. Sealey
    30 F3d 7
    Defendant-appellant Steven Sealey was charged with a violation of 18 U.S.C. Sec. 922(g)(1). Sealey filed a motion to suppress a firearm, a magazine, and ammunition which Sealey discarded while he was...

  • Stow v. Perrill Fci Co
    30 F3d 142
    Petitioner Gerald L. Stow appeals from a district court order denying him bail pending the district court's determination of his petition for habeas corpus, filed pursuant to 28 U.S.C. 2241. We revie...

  • United States v. Ricardo
    29 F3d 637
    Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges MEMORANDUM Andres Peregrino Ricardo appeals his conviction and sentence following a bench trial on charges of possession with intent to distribute...

  • United States v. Saenz Forero
    27 F3d 1016
    Defendant-appellant Hernando Saenz-Forero pleaded guilty on February 3, 1993 to illegally attempting to re-enter the United States after having been previously arrested and deported. 8 U.S.C. Sec. 13...

  • United States v. Cappas
    29 F3d 1187
    John Cappas ran a cocaine ring that operated primarily in Chicago's southwest suburbs. He and several of his associates were charged in a 49-count indictment. Nineteen defendants pled guilty, though...

  • United States v. Thomson
    29 F3d 637
    MEMORANDUM Daniel Thomson appeals his conviction, following a guilty plea, for distributing a controlled substance in violation of 21 U.S.C. Sec. 856. Thomson contends that the district court erred ...

  • Collins United States v. J Collins
    26 F3d 116
    At issue in this case is the deductibility of a sum of money which the taxpayer, Ralph J. Collins, paid in settlement of litigation in state court, and also the deductibility of sums which he paid as ...

  • United States v. Villasenor
    29 F3d 637
    MEMORANDUM Jose Rivera Villasenor, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence and conviction. Vill...

  • In Re Joseph Leon Williams Ii
    29 F3d 638
    MEMORANDUM Joseph Williams appeals the district court's order suspending him from the practice of law in the United States District Court for the District of Idaho. Williams contends that the distri...

  • United States v. Brown
    26 F3d 119
    In this drug case, defendant argues that the district court abused its discretion by refusing to give a lesser included offense charge to the jury. Defendant says the jury should have had an opportun...

  • United States v. Barnes
    30 F3d 131
    Raymond Louis Barnes pled guilty to three counts of distribution of crack cocaine, 21 U.S.C.A. Sec. 841 (West 1981 & Supp.1994), and was sentenced to a term of 120 months. He appeals his sentence...

  • United States v. S Simon Iii
    29 F3d 637
    Before: POOLE and REINHARDT, Circuit Judges, and TANNER, District Judge. MEMORANDUM James S. Simon, III appeals his sentence under the Sentencing Guidelines for his guilty plea conviction to bank ...

  • United States v. Isaac
    29 F3d 636
    MEMORANDUM Dewitt Lamont Isaac appeals from his 84-month sentence imposed following a guilty plea to possession of cocaine base with intent to distribute (21 U.S.C. Sec. 841(a)(1)) and use of a firea...

  • United States v. M Hummasti
    29 F3d 635
    Before: TANG and WIGGINS, Circuit Judges, and HENDERSON, District Judge. MEMORANDUM John M. Hummasti appeals his resentencing for attempted bank robbery, and claims that he was denied his right to...

  • United States v. M McAllister
    29 F3d 1180
    Robert Lee Garrison, Office of U.S. Atty., Crim. Div., Fairview Heights, IL (argued), for U.S. Daniel P. Reardon, Jr., Clayton, MO, for Marcus McAllister and Robert Gaston. Brian Trentman, Kuehn ...

  • United States v. Lancaster
    32 F3d 569
    A jury convicted Cornelius Lancaster on several drug-related counts. Lancaster appeals his sentence, raising three issues: whether the district court erred in calculating the quantity of drugs for s...

  • United States v. L Kendall
    29 F3d 636
    MEMORANDUM Jimmie L. Kendall, a former 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 for manufacturin...

  • Tavery v. United States
    32 F3d 1423
    Plaintiff-appellant Mary A. Tavery appeals a summary judgment in favor of defendant-appellee the United States. The district court dismissed Ms. Tavery's complaint alleging unlawful disclosures of ta...

  • United States v. Y Powers
    29 F3d 636
    Before: HUG, SCHROEDER and FERNANDEZ, Circuit Judges MEMORANDUM Peggy Yvonne Powers appeals a revocation of probation and sentence. She claims that the evidence was insufficient, that revocation v...

  • Morgenstern v. S Wilson
    29 F3d 1291
    Charles S. Wilson, M.D., and others, (hereinafter referred to as defendants), appeal from an interlocutory order entered in the United States District Court for the District of Nebraska compelling eit...

  • Feldman v. B Davis
    29 F3d 631
    MEMORANDUM Scott Feldman appeals the district court's order granting defendant's motion for summary judgment in his 42 U.S.C. Sec. 1983 action based on qualified immunity. Feldman contends that the ...

  • Macdonald v. Monsanto Co
    27 F3d 1021
    This appeal raises the question of whether the labeling requirements of the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), 7 U.S.C. Secs. 136-136y (1980 & Supp.1993), preempt parall...

  • United States v. Bentley
    29 F3d 1073
    Defendant-Appellant Larry Bentley was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g), and knowingly receiving, concealing, or storing a stolen firearm in v...

  • Mobil v. Virginia
    34 F3d 220
    This case addresses the validity of amendments to the Virginia Petroleum Products Franchise Act under the United States and Virginia Constitutions. These amendments, known collectively as S.B. 235, p...

  • United States v. Dahlheim
    29 F3d 635
    Before: TANG and WIGGINS, Circuit Judges, and HENDERSON, District Judge MEMORANDUM David Lee Dahlheim was sentenced under the Sentencing Guidelines as a career offender. Dahlheim argues that the d...

  • United States v. Andonian
    29 F3d 634
    MEMORANDUM The defendants appeal their jury convictions and sentences for conspiracy to commit money laundering and for money laundering in violation of 18 U.S.C. Secs. 371 and 1956(a)(1)(A)(i) and (...

  • Hopkins v. Seagate
    30 F3d 104
    Plaintiff appeals from the district court's dismissal of her claims under 42 U.S.C. Sec. 1981 and the Employee Retirement Income Security Act, 29 U.S.C. Secs. 1001-1461 (ERISA), and the jury verdict a...

  • Burman v. Immigration and Naturalization Service
    32 F3d 569
    Steven Francis Burman challenges an order of deportation. We affirm. Petitioner Steven Francis Burman ("Burman") is a forty-one-year-old citizen of Canada. Burman entered the United States as a no...

  • United States v. Andonian
    29 F3d 1432
    The defendants appeal their jury convictions and sentences for conspiracy to commit money laundering and for money laundering in violation of 18 U.S.C. Secs. 371 and 1956(a)(1)(A)(i) and (B)(i). The ...

  • Lewis v. Ea McDorman
    28 F3d 1210
    Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. B. Waugh Crigler, Magistrate Judge. (CA-91-22-H) Argued: Sa'ad El-Amin, El-Amin & Crawford,...

  • United States v. A Sonagere
    30 F3d 51
    Defendant Tony Sonagere entered a conditional guilty plea to manufacturing marijuana and aiding and abetting in violation of 21 U.S.C. Sec. 841(a)(1) and 18 U.S.C. Sec. 2. He now appeals the district...

  • United States v. Villines
    32 F3d 569
    After Leonard Michael Villines was convicted of bank fraud, he failed to appear in court after the district court orally sentenced him but later scheduled another sentencing hearing. When he was appr...

  • United States v. G Lindsey
    30 F3d 68
    William Lindsey pleaded guilty to being a felon in possession of two firearms in violation of 18 U.S.C. Sec. 922(g)(1). On appeal, he contends that the district court erred in enhancing his sentence ...

  • United States v. Medina Silverio
    30 F3d 1
    The only claim we need address in this appeal is whether the district court complied with the procedural safeguards mandated by Criminal Rule 11 prior to accepting appellant's guilty plea to one felon...

  • United States v. Garcia
    27 F3d 1009
    Defendants-appellants Salvador Garcia (Garcia), Abraham Chavez (Chavez), Elma Cepeda de Johnson (Cepeda), and Julian Rodriguez-Rucobo (Rucobo) were convicted in the same proceeding of various drug off...

  • State Of California v. B and R Davis Fertilizers Inc
    29 F3d 634
    Before: FLETCHER and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM Frontier Fertilizer Co. ("Frontier Fertilizer"), Pine Tree Properties ("Pine Tree"), and John Anderson appeal the ...

  • Government Of Virgin Islands v. Robinson
    29 F3d 878
    Jackson Robinson killed Stedley Joseph on March 10, 1993 with a two-by-four he picked up while they were fighting. Robinson was tried in the District Court of the Virgin Islands for first degree murd...

  • Hodge v. M Jones L W
    31 F3d 157
    We are presented with the question of the applicability of a qualified immunity affirmative defense in the context of a 42 U.S.C. Sec. 1983 (1988), action challenging the constitutionality of Maryland...

  • Barrett
    30 F3d 1296
    Plaintiffs Robert L. Barrett, Johnny Slover, and their cattle companies appeal from separate orders of the district court (1) dismissing their complaint for failure to state a claim, Fed.R.Civ.P. 12(b...

  • United States v. Jackson
    30 F3d 199
    We chronicle today one more vignette that forms part of "the seemingly endless line of criminal appeals marching stolidly to the beat of the federal sentencing guidelines." United States v. Ocasio-Ri...

  • United States v. M Rosas
    28 F3d 1217
    A jury convicted Raul M. Rosas of possession of a firearm by a felon, in violation of 18 U.S.C. Sec. 922(g). The district court sentenced him to 51 months imprisonment. Rosas now makes four argument...

  • United States v. Craven
    28 F3d 1211
    After his conviction for money laundering, 18 U.S.C.A. Sec. 1956(a)(1)(A)(i) (West Supp.1994), and possession of a firearm by a convicted felon, 18 U.S.C.A. Sec. 922(g)(1) (West Supp.1994), Kenneth Le...

  • United States v. Tortora
    30 F3d 334
    Domenick Tortora and Theresa Ribaudo appeal from judgments of conviction entered in the District Court for the Eastern District of New York (Johnson, J.). A jury found Tortora guilty of one count of ...

  • Kipp v. C Schaufel
    29 F3d 632
    MEMORANDUM California state prisoner William J. Kipp appeals the district court's denial of his habeas corpus petition, 28 U.S.C. Sec. 2254, challenging his conviction for lewd and lascivious conduct...

  • Ateser
    29 F3d 630
    MEMORANDUM Coskun and Beverly Ateser appeal the dismissal for failure to state a claim of their causes of action under the criminal statutes prohibiting mail fraud, wire fraud, and bankruptcy fraud, ...

  • United States v. T Killion
    30 F3d 844
    Herman Killion pleaded guilty to bank robbery in violation of 18 U.S.C. Sec. 2113(a). On appeal, Mr. Killion contests only his sentence. He submits that he should not have been considered a career o...

  • United States v. Bostic
    28 F3d 1211
    Robert Horace Bostic appeals his conviction for aiding and abetting the distribution of crack cocaine, 21 U.S.C.A.Sec. 841 (West 1981 & Supp.1994), 18 U.S.C. Sec. 2 (1988), on the ground of insuff...

  • Northrop Corporation v. Litronic Industries
    29 F3d 1173
    "Battle of the forms" refers to the not uncommon situation in which one business firm makes an offer in the form of a preprinted form contract and the offeree responds with its own form contract. At ...

  • United States v. Early
    29 F3d 635
    MEMORANDUM Quincy Early appeals his jury conviction and sentence for aggravated sexual abuse in violation of 18 U.S.C. Sec. 2241(a). He argues that the district court erred in admitting evidence of ...

  • United States v. E Singleterry
    29 F3d 733
    In this appeal, defendant-appellant Daryl E. Singleterry contests his jury conviction and resulting sentence for violation of federal drug trafficking laws. Singleterry raises two issues for our cons...

  • United States v. Munoz Solarte
    28 F3d 1217
    Defendant-appellants William Quiceno De La Pava and Alfredo Munoz-Solarte pleaded guilty to conspiring to possess and distribute cocaine in violation of 21 U.S.C. Sec. 846. Defendants pleaded guilty ...

  • United States v. Herrera Valdez
    28 F3d 1216
    Gustavo Herrera-Valdez pleaded guilty to a charge of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846. He was sentenced to 78 months' imprisonment and two ye...

  • United States v. McAtee
    30 F3d 134
    This is an appeal from a conviction for bank robbery. The defendant contends that the district court erred in denying a motion to suppress evidence of his confession, the confession allegedly having ...

  • United States v. Dalecke
    29 F3d 1044
    The plaintiff, the United States of America, appeals the district court's decision to depart downward from the federal sentencing guidelines in sentencing the defendant, Leonard Anthony Dalecke. This...

  • Jones v. Maryland Parole Commission
    28 F3d 1209
    Hewitt J. Jones appeals the district court's sua sponte dismissal of his 42 U.S.C. Sec. 1983 action as frivolous pursuant to 28 U.S.C. Sec. 1915(d) (1988). Jones brought this action against the Maryl...

  • United States v. K Smith
    29 F3d 914
    Danny Keith Smith was convicted of making false statements to influence a financial institution in violation of 18 U.S.C. Sec. 1014 (1988) and sentenced to eighteen months incarceration. On appeal, S...

  • United States v. Paront
    29 F3d 636
    Before: LEAVY and KLEINFELD, Circuit Judges, and VAN SICKLE District Judge. MEMORANDUM Paront and Brown operated a fraud racket. The victims wanted to borrow money. Paront would charge them a fe...

  • Nasco Inc v. Public Storage Inc
    29 F3d 28
    In this appeal, plaintiff-appellant NASCO, Inc., challenges the district court's entry of summary judgment against it and in favor of defendant-appellee Public Storage, Inc. ("PSI"). NASCO asserts t...

  • Jackson v. United States
    28 F3d 1216
    Arthur Jackson, who was convicted by a jury of conspiracy to possess with intent to distribute cocaine, 21 U.S.C. Sec. 846, interstate travel to facilitate unlawful activity, 18 U.S.C. Sec. 1952, and ...

  • United States v. Smithers
    27 F3d 142
    We reverse Dillard Jack Smithers' convictions for assisting and conspiring in his brother's escape and remand for a new trial. We grapple with the concept that at some point an escape is complete and...

  • McFarland v. A Farley
    28 F3d 1216
    Harold McFarland, proceeding pro se, appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. We affirm. McFarland was convicted by an Indian...

  • Herd v. Oklahoma Department Of Corrections
    30 F3d 141
    Mr. Herd, appearing pro se and in forma pauperis, appeals the dismissal of his civil rights complaint, 42 U.S.C.1983, for declaratory, injunctive, and monetary relief, I R. doc. 1 at 6, pursuant to 28...

  • United States v. R Walker
    29 F3d 908
    Appellant Harold R. Walker pled guilty to one count of perjury under 18 U.S.C. Secs. 2 and 1621, and one count of bankruptcy fraud under 18 U.S.C. Sec. 152, and was sentenced to, inter alia, 33 months...

  • Marciella v. Prudential Insurance Company Of America
    30 F3d 134
    This is an appeal from a summary judgment for the defendant insurance company in a purported class action brought by participants (and dependents or designated beneficiaries thereof) in a single-emplo...

  • Hadsell v. Maass L Hadsell
    29 F3d 632
    MEMORANDUM In these consolidated appeals Douglas Hadsell, an Oregon state prisoner, appeals pro se the district court's denial of his motions for preliminary injunction which were filed in his 42 U.S...

  • Failla v. R Myers
    29 F3d 631
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM Paul Failla appeals pro se the dismissal of his 42 U.S.C. Sec. 2254 habeas petition challenging his...

  • Stewart v. Adkins
    28 F3d 1216
    After a bench trial in July 1982, Richard Lee Stewart was convicted in Indiana of felony murder and robbery. He received concurrent sentences of forty and thirty years. Stewart's felony murder convi...

  • Bolar v. Blodgett
    29 F3d 630
    MEMORANDUM Matthew Lee Bolar, a Washington state prisoner, appeals the district court's denial of his petition for habeas corpus under 28 U.S.C. Sec. 2254. Bolar was charged with first degree murder...

  • Gregory
    29 F3d 632
    MEMORANDUM Marvin J. and Judy A. Gregory ("the Gregorys") appeal pro se the district court's sua sponte dismissal of their 42 U.S.C. Sec. 1983 action prior to issuance and service of process. The Gr...

  • United States v. Hill D
    30 F3d 48
    Defendants-Appellants, John Hill, Angelo Chambliss and George Hickey, Jr., have appealed their convictions and sentences for conspiracy to distribute cocaine base in violation of 21 U.S.C. Sec. 846 an...

  • United States v. Newton
    31 F3d 611
    Appellant Jerry Lee Newton appeals from his conviction of using a firearm during and in relation to a drug trafficking offense in violation of 18 U.S.C. Sec. 924(c). He also challenges various testim...

  • United States v. Ingram
    28 F3d 1211
    Shirley Ingram appeals from his conviction following a one-day jury trial for possession of a firearm by a convicted felon, which firearm had been transported in interstate commerce, under 18 U.S.C. S...

  • Hutson v. L Boone
    30 F3d 141
    Mr. Hutson, appearing pro se and in forma pauperis, appeals from the dismissal of his habeas corpus petition, 28 U.S.C. Sec. 2254. The district court rejected Mr. Hutson's claim that his conviction f...

  • United States v. D Mobley
    28 F3d 1211
    Appellant, Arthur D. Mobley, appeals his September 22, 1993 jury conviction on two counts of abusive sexual conduct in violation of 18 U.S.C. Sec. 2244(b). The incidents giving rise to these charges ...

  • Banner v. J Bradley
    28 F3d 1213
    This matter is before the Court on appeal from the decision of the District Court, which sua sponte dismissed appellant's complaint as frivolous. Appellant is a State prisoner currently incarcerated...

  • Ducharme v. State Et Al
    30 F3d 126
    In this interlocutory appeal, plaintiff- appellant Todd G. Ducharme ("Ducharme") contends that the district court erred in refusing to approve a consent judgment in settlement of Ducharme's civil righ...

  • United States v. Powell
    28 F3d 1212
    Joseph McCoy Powell appeals from his conviction of various drug and firearm offenses. We find no merit in Powell's challenges and affirm the judgment of the district court. At approximately 1:00 a....

  • St Hilaire v. A Lewis
    29 F3d 634
    Petitioner, relying upon Boykin v. Alabama, 395 U.S. 238, 242-43 (1969), also claims that his plea was not entered into "knowingly, voluntarily, and intelligently" because there was no proper evident...

  • United States v. Early
    27 F3d 140
    Darrell Early pleaded guilty pursuant to a written plea agreement to the possession of a firearm by a convicted felon. Applying the enhancement provision of 18 U.S.C. Sec. 924(e), the district court ...

  • Chavez Aristazabal v. Immigration and Naturalization Service
    28 F3d 1216
    Before KANNE and ROVNER, Circuit Judges, and CURTIN, District Judge. We are asked to review a final decision of the Board of Immigration Appeals ("BIA") denying Adrian Chavez-Aristazabal's applicati...

  • Holstein v. City Of Chicago
    29 F3d 1145
    In separate and unrelated incidents, the City of Chicago towed cars belonging to Robert Holstein and Brian Grove. Predictably, Holstein and Grove were displeased with their treatment by the City's po...

  • United States v. Henoud M G Jd Vj G
    28 F3d 1211
    John Maurice Henoud appeals his convictions for conspiracy to defraud, in violation of 18 U.S.C. Sec. 371 (1988), fraud in connection with access devices, in violation of 18 U.S.C.A. Sec. 1029(a)(2) (...

  • United States v. Ortega
    28 F3d 1211
    Charles Richard Ortega appeals from the district court's denial of his motion to reduce sentence pursuant to 18 U.S.C.Sec. 3582(c)(2) (1988). Construing Ortega's motion as a motion under 28 U.S.C. Se...

  • Brown v. Wa Perrill Us
    28 F3d 1073
    On consideration of the petition for rehearing filed by Appellees in the above appeal, this court concludes as follows: Appellees claim we erred by determining that Appellant Randy Brown was in feder...

  • United States v. D Rotzinger
    28 F3d 1217
    Michael D. Rotzinger pleaded guilty to four counts of contempt of federal court in violation of 18 U.S.C. Sec. 401(3). Rotzinger's guilty plea was not made pursuant to a plea agreement. The district...

  • United States v. Brown
    28 F3d 1211
    Appellants, Leroy Brown and William A. Vaughn, were co-conspirators in a large scale drug operation in Charlotte, North Carolina between 1986 and 1990. Brown and Vaughn, along with eighteen other ind...

  • United States v. Frederick
    29 F3d 635
    MEMORANDUM Richard Frederick appeals his conviction and sentence for conspiracy to manufacture and distribute methamphetamine, 21 U.S.C. Sec. 841(a)(1). Frederick claims that the district court erre...

  • Confederated Salish v. Simonich
    29 F3d 1398
    Confederated Salish and Kootenai Tribes of the Flathead Reservation (Tribes) filed a complaint in the United States District Court for the District of Montana challenging Montana's right to regulate t...

  • Miller v. Leapley W
    34 F3d 582
    Todd M. Miller filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254, attacking the validity of his state court convictions for first-degree murder, aggravated kidnapping, posse...

  • United States v. C Pirtle
    29 F3d 636
    MEMORANDUM On July 6, 1993, Lonnie Pirtle pled guilty to the making of a false statement of material fact in connection with the purchase of a firearm, in violation of 18 U.S.C. Sec. 922(a)(6). Pirt...

  • United States v. Fernandez Ramon
    29 F3d 635
    Before: D.W. NELSON and BEEZER, Circuit Judges, and LETTS, District Judge. MEMORANDUM Augustin Fernandez-Ramon ("Fernandez") appeals from his conviction and sentence under 21 U.S.C. Sec. 846 for c...

  • United States v. Randy Laplante
    28 F3d 1
    Defendant appeals the sentence imposed upon him following revocation of a term of supervised release. Defendant was initially sentenced to six months imprisonment and thirty-six months on supervised...

  • United States v. Souders
    30 F3d 142
    Before TACHA and BRORBY, Circuit Judges, and BROWN, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially ass...

  • United States v. T Foster
    30 F3d 65
    On April 28, 1993, a federal grand jury sitting in the Southern District of Indiana returned a two count indictment against Kevin T. Foster charging him with aggravated sexual abuse of a minor child i...

  • United States v. A McCullough
    29 F3d 636
    The firearm enhancement was proper both on the conspiracy count and on the four counts of possessing cocaine with intent to distribute. The firearm enhancement specifically applies to conspiracies. ...

  • United States v. Bucci
    28 F3d 1214
    Defendants appeal their convictions and sentences alleging violations of the Fifth Amendment's Double Jeopardy Clause and various sentencing errors. For the reasons stated below, we AFFIRM the convic...

  • United States v. R Walker D
    26 F3d 108
    This case is about fraud. Defendants Jeffrey Walker, Robert Douglas and Thomas Douglas, Jr. were convicted in 1992 of, among other things, introducing adulterated food into interstate commerce with t...

  • United States v. Morrell
    28 F3d 1217
    Steve Morrell appeals from the district court's resentencing after his judgment of conviction for conspiracy to possess with the intent to distribute and to distribute a quantity greater than one kilo...

  • United States v. Schmidgall
    25 F3d 1523
    Defendant-Appellant Christian Schmidgall was indicted in the Middle District of Florida for conspiring to violate federal law by unlawfully importing cocaine through Rock Sound, Bahamas on Christmas E...

  • United States v. Diallo
    29 F3d 23
    Francis R. Williams, by Appointment of the Court, for appellant Mohamed Souare. William J. Murphy, by Appointment of the Court, for appellant Amadou Diarra. Damon M. D'Ambrosio, by Appointment of ...

  • United States v. Caterino
    29 F3d 1390
    On March 18, 1989 a jury convicted appellant, Vincent Caterino, of twenty-two counts of conspiracy, mail fraud, and wire fraud, in violation of 18 U.S.C. Secs. 371, 1341, and 1343. He appeals his sen...

  • United States v. Chukundah
    30 F3d 131
    Johnson Okachuku Chukundah appeals his conviction for importing heroin in violation of 21 U.S.C.A. Sec. 952 (West 1981 & Supp.1994), possessing heroin aboard an aircraft arriving in the United Sta...

  • Charles v. Rice
    28 F3d 1312
    After more than twenty years of service in the Puerto Rico Air National Guard (PRANG) and employment as a National Guard technician, plaintiff-appellant, Oscar Charles, tested positive for the Human I...

  • Maryland Committee Against The Gun Ban v. Simms
    30 F3d 130
    Appellants, both prosecutors in Baltimore City, issued a subpoena to obtain records of an organization participating in "Get Out the Vote" efforts geared toward the defeat of a gun control initiative....

  • United States v. Chapa
    30 F3d 142
    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. Moreno Aka
    30 F3d 127
    Defendant Alvaro E. Moreno appeals from a second district court order affirming the magistrate-judge's denial of bail pending trial. For the reasons that follow, we affirm. Moreno was arrested purs...

  • United States v. Chaney
    30 F3d 131
    In these consolidated appeals, Niecy Chaney, John Simms, and Carl Tate (collectively, "appellants") challenge the sentences imposed upon them following their pleas of guilty to various drug-traffickin...

  • United States v. Pelkey
    29 F3d 11
    Marc Chretien, by Appointment of the Court, with whom Chretien & Schmitt, Manchester, NH, was on brief for appellant. Jean B. Weld, Asst. U.S. Atty., with whom Paul M. Gagnon, U.S. Atty., Concor...

  • Groza v. Immigration and Naturalization Service
    30 F3d 814
    The Immigration and Naturalization Service ("I.N.S.") charged Teodor Groza with deportability pursuant to Sec. 241(a)(4) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1251(a)(4), because Groza...

  • Gonzales v. Butte County Jail
    29 F3d 631
    MEMORANDUM Petitioner Edward Anthony Gonzales appeals pro se from the district court's order dismissing his application pursuant to 28 U.S.C. Sec. 2254 for a writ of habeas corpus. The petitioner se...

  • United States v. D Montford
    27 F3d 137
    In this appeal we address whether gambling boat excursions a few miles offshore to avoid the reach of state law are in "foreign commerce" for purposes of certain federal criminal statutes. We conclud...

  • United States v. Ramirez
    29 F3d 636
    On April 7, 1993, this court remanded appellant Ramirez's case to the district court for an in camera determination of whether the government must disclose the identity of a confidential informant. T...

  • United States v. Matthews
    29 F3d 462
    This is an appeal from the sentence imposed following our remand for resentencing. See United States v. Matthews, 5 F.3d 1161 (8th Cir.1993) (Matthews I ). Our remand directed the district court to...

  • Henderson v. Baird Ge
    29 F3d 464
    Andre T. Henderson brought this Bivens federal constitutional tort action alleging that the defendants, federal prison officials, violated a number of his constitutional rights by instituting and carr...

  • Hoggard v. Purkett
    29 F3d 469
    Michael Hoggard appeals the district court's order denying his motion for appointment of counsel in his habeas corpus action filed pursuant to 28 U.S.C. Sec. 2254. Hoggard argues that there should be...

  • Claar
    29 F3d 499
    Plaintiffs Claar, Mar, Young, Doll, Eggar, and Ellison appeal the district court's grant of summary judgment for the defense in their action against their former employer, Burlington Northern Railroad...

  • United States v. Walker
    30 F3d 132
    Patrick Walker appeals his conviction for knowing possession of a firearm shipped in interstate commerce after conviction of a crime punishable by imprisonment for a term in excess of one year, in vio...

  • Futrell v. Department Of Justice
    31 F3d 1177
    Elliott Futrell appeals from the decision of the Merit Systems Protection Board (Board), Docket No. SL0752920051I1, sustaining his removal by the Department of Justice (agency) for falsification of hi...

  • United States v. Williams
    29 F3d 172
    Derrick Dushawn Williams pled guilty to one count of conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C.A. Secs. 846, 841(a)(2) (West 1981 & Supp.1994). He was sent...

  • United States v. McDow
    27 F3d 132
    Benny Jenkins McDow appeals his conviction on three counts of savings & loan fraud under 18 U.S.C. Sec. 1014 and one count of using a false Social Security number under 42 U.S.C. Sec. 408. We aff...

  • Scott v. Ortega Cucf Cucf
    30 F3d 142
    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...

  • Kindhart v. Fields Oklahoma
    30 F3d 142
    Appellant does not give any factual support to his claim that he is being discriminated against. Appellant has asked for an evidentiary hearing, claiming he has witnesses and documents, but he does n...

  • United States v. Frazier
    26 F3d 110
    Appellant William Frazier ("Frazier") appeals the district court's order revoking his supervised release. Frazier contends that the district court erred in its determination that he violated the cond...

  • United States v. Moore
    29 F3d 175
    This case requires us to decide whether a co-conspirator's abuse of a position of trust can be attributed to other members of a conspiracy for purposes of applying an enhancement under Sec. 3B1.3 of t...

  • United States v. L James
    30 F3d 84
    In June, 1993, Leroy James and Mirta Medina were arrested on drug charges when the train on which they were traveling stopped in Kansas City, Missouri. In September, a federal jury convicted Mr. Jame...

  • Sadler v. G Borg
    28 F3d 108
    MEMORANDUM California state prisoner John Sadler appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition, challenging his conviction for second degree murder, using a fi...

  • United States v. Cain
    30 F3d 142
    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. Bruning
    30 F3d 142
    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...

  • Ajayi v. Immigration and Naturalization Service
    28 F3d 104
    MEMORANDUM Petitioner Michael Babatunde Ajayi ("petitioner") appeals from a decision of the Board of Immigration Appeals ("Board" or "BIA") denying his application for discretionary grant of asylum p...

  • United States v. Lowenstein
    28 F3d 109
    MEMORANDUM Leonard Lowenstein appeals his jury conviction for possession of a firearm in violation of 18 U.S.C. Sec. 922(g). The basis of Lowenstein's appeal is that the magistrate judge and the dis...

  • United States v. Palladino
    28 F3d 1214
    Before: JONES and NORRIS, Circuit Judges; and CLELAND, District Judge. CLELAND, District Judge. The government appeals the district court's grant of defendant's motion to suppress based upon its...

  • Kuball v. Trans World Airlines Inc
    28 F3d 106
    MEMORANDUM Edward Kuball appeals the district court's grant of summary judgment to Trans World Airlines ("TWA") in which the district court upheld the arbitration award handed down by the Pilot's Sys...

  • United States v. Alvarado Romero
    28 F3d 108
    Before: NOONAN and T.G. NELSON, Circuit Judges, EZRA, District Judge MEMORANDUM Alfonso Alvarado-Romero ("appellant") brings this appeal from his conviction in the district court on the charge of ...

  • United States v. Garcia Pimentel
    28 F3d 109
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM Antonio Garcia-Pimentel (Garcia) appeals his jury conviction for importation of cocaine and possess...

  • United States v. Jose Martinez
    30 F3d 127
    The government has moved for summary affirmance of the district court's order revoking defendant's supervised release. Defendant pleaded guilty to a charge of possession with intent to distribute co...

  • Everson v. R McKune W E Everson
    30 F3d 141
    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. Collins
    28 F3d 108
    The court's conclusion that Marshall created a substantial risk to anyone else on the highway by driving at speeds of up to 100 miles per hour and ultimately crashing into another car is intuitively r...

  • Lawrence v. Providence College Et Al
    30 F3d 126
    Appeal from the United States District Court for the District of Rhode Island [Hon. Ronald R. Lagueux, U.S. District Judge ] Harold E. Krause for appellant. Marifrances McGinn with whom Richard P...

  • Longoria v. G Borg
    28 F3d 106
    MEMORANDUM Bernie Aispuro, the former warden of the California State Prison at Corcoran ("Corcoran"), appeals the denial of his motion for summary judgment based on qualified immunity in a 42 U.S.C. ...

  • United States v. Nava Salazar B
    30 F3d 788
    In these consolidated appeals the five appellants challenge their jury convictions in the United States District Court for the Northern District of Illinois of conspiracy to possess with intent to dis...

  • Picha v. City Of Parma
    28 F3d 1214
    John A. Picha appeals the judgment based on the jury verdict in favor of the City of Parma (the City) and the judgment granted by the district court as a matter of law in favor of Mayor Michael A. Rie...

  • United States v. A Hosfelt
    28 F3d 1214
    Defendant, Charles A. Hosfelt, appeals from the sentence he received after entering a plea of guilty to manufacturing marijuana plants. Defendant contends that the district court erred in not requir...

  • United States v. Garfinkel
    29 F3d 1253
    Barry Garfinkel appeals from the district court's judgment entered after a jury found him guilty of making false statements to the government in violation of 18 U.S.C. Sec. 1001 (1988) and mail fraud ...

  • Menuel v. City Of Atlanta Je Da Rd
    25 F3d 990
    June D. Green, Overtis L. Hicks Brantley, Amy R. Snell, Office of Atlanta City Attys., Atlanta, GA, for appellants. Martin L. Fierman, Federal Goetz & Cronkwright, K. Christine Harrelson, Atlant...

  • Brennan v. Fields
    30 F3d 141
    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...

  • James v. W Carr
    30 F3d 141
    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. Schiavo
    29 F3d 6
    In this interlocutory appeal, the government challenges the district court's order suppressing evidence seized during the course of a motor vehicle stop. We affirm. Kenneth Schiavo, Howard Winter, ...

  • Guzman Rivera v. Rivera Cruz
    29 F3d 3
    Plaintiffs Hector Guzman Rivera ("Guzman") and family members appeal a district court judgment dismissing Guzman's civil rights action against various present and former officials of the Commonwealth ...

  • United States v. Martin
    30 F3d 142
    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. Nash
    30 F3d 142
    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...

  • Bradshaw v. Perrill
    30 F3d 141
    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. Chavez Palacios
    30 F3d 1290
    Jose Ramiro Coronado, Las Cruces, NM, for defendant-appellant. John J. Kelly, U.S. Atty. (Rhonda P. Backinoff, Asst. U.S. Atty.), Albuquerque, NM, for plaintiff-appellee. Before KELLY, Circuit Ju...

  • Mayer v. Gary Partners and Company Limited
    29 F3d 330
    Jennie Mayer parked her car in the lot at the Miller Mall in Lake County, Indiana, and bought some articles at K-Mart, one of the mall's seven stores. Returning to the car, Mayer was the victim of a ...

  • National Union Fire Insurance Company Of Pittsburgh Pa v. Wilkins Lowe and Company Incorporated R B
    29 F3d 337
    National Union Fire Insurance Company of Pittsburgh ("National Union"), as subrogee of First Affiliated Securities, Inc. ("FAS"), appeals from the decision of the district court granting summary judg...

  • United States v. M McCombs J
    30 F3d 310
    This is an appeal from a judgment of the United States District Court for the Western District of New York, Fisher, M.J., imposing liability for unpaid withholding taxes under 26 U.S.C. Sec. 6672 on d...

  • United States v. Lee
    25 F3d 997
    Albert Lee appeals from his convictions on four counts of narcotics-related offenses. Lee contends that the district court improperly admitted evidence from two machines used to detect trace amounts ...

  • Anderson 1 15 1 30 v. Vasquez
    28 F3d 104
    Before: ALARCON and FERNANDEZ, Circuit Judges, and WILSON, District Judge Presently before the Court is a Civil Rights action filed under 42 U.S.C. 1983. The District Court dismissed the action wit...

  • United States v. Bilyk
    29 F3d 459
    Petitioner, Gregory Bilyk, appeals from the district court's order continuing his commitment based upon a finding of dangerousness due to a mental disease or defect, pursuant to 18 U.S.C. Sec. 4243 (1...

  • United States v. Omeara
    28 F3d 1211
    In this appeal we review the district court's order denying discharge to Kedrick Frank O'Meara, an institutionalized insanity acquittee, who petitioned the court for release on the grounds that his me...

  • United States v. Benjamin
    30 F3d 196
    Robert Benjamin appeals his sentence and order to pay restitution after he pled guilty to a single count of interstate transportation of stolen property in violation of 18 U.S.C. Sec. 2314. In 1985,...

  • United States v. Alexander
    32 F3d 1231
    Ferris Alexander's appeal comes before us again on remand from the United States Supreme Court to analyze, under the Eighth Amendment's prohibition of excessive fines, the forfeiture of Alexander's pr...

  • United States v. D Robinson S
    30 F3d 774
    A grand jury indicted defendants Brian S. Beal and Franklin D. Robinson for conspiracy to distribute cocaine base in violation of 21 U.S.C. Secs. 841(a)(1) and 846, and possession of cocaine base with...

  • Pioneer Hi Bred International v. Holden Foundation Seeds Inc Pioneer Hi Bred International
    35 F3d 1226
    This case involves a dispute between competing breeders of corn seed. The district court awarded $46,703,230.00 to Pioneer Hi-Bred International based on Holden Foundation Seeds, Inc.'s misappropriat...

  • United States v. Straw
    30 F3d 127
    Wayne Straw appeals his conviction and sentence for illegal reentry into the United States after deportation, 8 U.S.C. Sec. 1326. We summarily affirm pursuant to Loc. R. 27.1. On January 11, 1990,...

  • Jenkins v. Immigration and Naturalization Service
    32 F3d 11
    Petitioner Harry P. Jenkins moves for acknowledgment of an automatic stay of deportation pending a decision on his petition for review of a deportation order of the Immigration and Naturalization Serv...

  • United States v. Henry
    29 F3d 112
    The government appeals the district court's dismissal of a twenty-one count indictment charging Thomas Henry and Mowry Mike with conspiracy, bank fraud, and wire fraud in connection with an alleged bi...

  • United States v. Davis
    28 F3d 1214
    Defendant appellant, Donial Davis, appeals his convictions for armed bank robbery, in violation of 18 U.S.C. Sec. 2113(d); using a firearm in relation to a crime of violence, in violation of 18 U.S.C...

  • United States v. Garnier
    28 F3d 1214
    The defendant, Rudoulph Garnier, was charged with possession of cocaine base with the intent to distribute. In the district court, he successfully sought to suppress the evidence seized by police fro...

  • United States v. Bell E
    28 F3d 1214
    In these consolidated cases, defendants Larry Doby Bell (No. 93-5933) and Jerome E. Adams (No. 93-5952) appeal their jury convictions of one count of possession of a firearm by a convicted felon in vi...

  • Reiman
    29 F3d 634
    MEMORANDUM Dr. John Karl Reiman appeals from the Eastern District Court's order dismissing Reiman's second action brought in the Ninth Circuit against Dr. Todd Stolp, other officials associated with ...

  • Tri State Mint Inc v. Riedel Environmental Services Inc
    29 F3d 424
    Tri-State Mint, Inc., and Robert W. Hoff (hereinafter Tri-State) appeal from a final order entered in the United States District Court for the District of South Dakota dismissing Tri-State's federal d...

  • United States v. Afaneh
    28 F3d 1214
    The district court granted defendant's motion to suppress certain statements, but denied his motion to suppress two firearms found pursuant to a search warrant. The government appeals under the autho...

  • Saade v. Trippett
    28 F3d 1214
    This is an appeal from the denial of a petition for a writ of habeas corpus. The petitioner, who was convicted in a state court of second-degree murder, contends that his federal constitutional right...

  • Berberian v. Immigration and Naturalization Service
    29 F3d 630
    Before BRUNETTI, KOZINSKI, and BOGGS, Circuit Judges. MEMORANDUM Dikran Sarkis Berberian, a native and citizen of Lebanon, petitions this court to review the Board of Immigration Appeals' ("BIA") d...

  • United States v. Soussi
    29 F3d 565
    This is an interlocutory appeal from the district court's suppression order brought pursuant to 18 U.S.C. Sec. 3731. The government contends that the court (1) erroneously amended the search warrant'...

  • Wilkes v. Young
    28 F3d 1362
    Gloria Wilkes sued the County of Florence, South Carolina and its Director of Buildings and Grounds, LeGrand Young, in federal district court, alleging a cause of action under 42 U.S.C. Sec. 1983 and ...

  • United States v. Montague
    29 F3d 317
    Stephen B. Clark, Asst. U.S. Atty., Office of U.S. Atty., Criminal Div., Fairview Heights, IL (argued), for plaintiff-appellee. George Edward Moorman (argued), Williamson, Webster, Groshong, Moorman...

  • United States v. Polanco
    29 F3d 35
    The United States (government) appeals from the judgment of the United States District Court for the Southern District of New York, Knapp, J., finding that the mandatory sixteen level sentence enhance...

  • Lionel Corporation Klein v. Civale and Trovato Inc J
    29 F3d 88
    Civale & Trovato, Inc. ("CTI") is a construction company that performed work for Lionel Leisure, Inc. ("Lionel") on a large retail space in New York City that Lionel leased from Messrs. Murray K...

  • Beard v. Parole Commission
    30 F3d 1490
    Appeal From: N.D.Tex. REVERSED. ...

  • United States v. A Winzer
    29 F3d 637
    MEMORANDUM Defendant Frederick Winzer ("Winzer") was indicted on eight counts: (1) distribution of cocaine base on or about October 23, 1992; (2) distribution of cocaine base on or about October 27...

  • United States v. Mendez
    27 F3d 126
    This is an appeal from an order granting a pretrial motion to suppress cocaine discovered during a post-arrest search of appellee's suitcase at an airport. A trained narcotics dog had alerted to appe...

  • Ingram v. D Zant
    26 F3d 1047
    Petitioner, Nicholas L. Ingram, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254, seeking collateral relief from his conviction and sentence of death. In his petition to the...

  • Lopez Amaro v. Immigration and Naturalization Service
    25 F3d 986
    The petitioner, Ada Anisia Lopez-Amaro, appeals from an Immigration Board of Appeals decision finding her to be deportable to her native Cuba. In 1983 a Florida court convicted the petitioner of "mur...

  • United States v. Barragan Cepeda
    29 F3d 1378
    Jose Barragan-Cepeda was charged as a deported alien who reentered the United States in violation of 8 U.S.C. Sec. 1326. Following the district court's denial of his motion to dismiss on the ground o...

  • Clisby v. State Of Alabama We
    26 F3d 1054
    In this death penalty case, defendant Willie Clisby appeals the district court's denial of his ineffective assistance of counsel claim, brought under 28 U.S.C. Sec. 2254. See Strickland v. Washington...

  • Executone Information Systems Inc v. K Davis
    26 F3d 1314
    The main issue on this appeal is whether the district court correctly enforced a decision rendered by an arbitrator. The plaintiff in this case is Executone Information Systems, Inc. ("Executone")....

  • United States v. J Ducoing
    30 F3d 127
    Defendant-appellant Michael J. Ducoing was convicted of conspiracy to commit bank larceny, see 18 U.S.C. Sec. 371, and bank robbery, see 18 U.S.C. Sec. 2113(a). The district court determined that Duc...

  • Murray v. Penobscot County Dist Atty
    30 F3d 126
    Murray appeals from the dismissal of his Sec. 1983 complaint filed against the Penobscot County District Attorney and the Bangor Police Department. We affirm substantially for the reasons stated in t...

  • Sims v. Mashburn Coi B Coi
    25 F3d 980
    Sgt. John Sanderson, a prison official at the St. Clair Correctional Facility, appeals the judgment of the district court. The district court held that Sanderson had violated inmate Hardie Sims's Eig...

  • United States v. Johnson
    27 F3d 1186
    When a specific intent is an element of a criminal charge, is intent "in issue" such that the prosecution may introduce evidence of other acts of misconduct by the defendant, under Fed.R.Evid. 404(b),...

  • Vance v. United States Parole Commission
    28 F3d 114
    Mr. Vance, initially confined at USP Leavenworth, appears pro se and challenges the district court's dismissal of his habeas corpus petition, 28 U.S.C. 2241, as successive and an abuse of the writ, 28...

  • Mulcahey
    29 F3d 148
    The plaintiffs-appellants, Patrick Mulcahey, Anna Mulcahey, Albert Parsons, and Ruth Parsons, individually and as representatives of an uncertified class of persons similarly situated (collectively re...

  • United States v. E Mundt
    29 F3d 233
    Defendant Schubert E. Mundt appeals his conviction and six-month sentence for failing to file federal income tax returns for the tax years 1983 and 1984, in violation of 26 U.S.C. Sec. 7203. Defendan...

  • United States v. McSwain
    29 F3d 558
    Defendant-appellant Patrick Nolan McSwain entered a conditional guilty plea under Fed.R.Crim.P. 11(a)(2) to possession of a controlled substance with intent to distribute, 21 U.S.C. Sec. 841(a)(1), an...

  • United States v. Johnson
    28 F3d 1487
    Johnny Ray Butler, Christopher Scott, Roy Williams, Marcel Harris, Cleveland Johnson, and Errol Skeete (collectively, the defendants) appeal the district court's judgment following a jury trial convic...

  • United States v. Gross
    26 F3d 552
    Convicted on a guilty plea of wire fraud and aiding and abetting, Defendant-Appellant Wayne Wesley Gross challenges the district court's calculation of his sentence under the Sentencing Guidelines, al...

  • United States v. McDermott
    29 F3d 404
    William McDermott appeals his convictions for conspiring to violate civil rights in violation of 18 U.S.C. Sec. 241 (1988), and willfully interfering with a federally-protected right, 18 U.S.C. Sec. 2...

  • United States v. Torres
    28 F3d 1463
    Renato Torres and Carlos Olivares produced $60,000 to pay for three kilograms of cocaine. It was a trap. The "sellers" were federal agents; Torres and Olivares lost the money and their liberty. To...

  • United States v. Mattingly
    28 F3d 1217
    Michael Mattingly, a student at the University of Illinois at Urbana-Champaign, financed his gambling habit as well as trips to Florida and Washington, D.C., by robbing banks in Champaign. He robbed ...

  • Dunn v. Lamph
    28 F3d 112
    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. Parker
    28 F3d 1211
    The defendant-appellee, Marshall Parker, was indicted on three counts of obstructing justice under 18 U.S.C. Sec. 1503. Following a four-day trial, the jury acquitted Parker on Counts One and Three a...

  • McNary v. Indiana State Prison
    28 F3d 1216
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, District Judge. Darrell McNary, an inmate at the Indiana State Prison, filed an action pursuant to 42 U.S.C. Sec. 1983 against various ...

  • Weeks v. E Jones H
    26 F3d 1030
    In this habeas corpus appeal, the petitioner raises issues of ineffective assistance of counsel, exculpatory evidence, and the failure to accord expert assistance. The district court determined that ...

  • Johnson v. Jochums
    28 F3d 1216
    Before CUMMINGS and RIPPLE, Circuit Judges, and TINDER, District Judge. Dewayne Johnson brought this action under 42 U.S.C. Sec. 1983 against Officer Matthew Jochums and fellow Peoria police officer...

  • United States v. Blake
    28 F3d 1216
    At the close of oral argument, we affirmed the judgment of the district court from the bench pursuant to 7th Cir.R. 53(c)(2). In this order we set forth the reasons that support our judgment. The d...

  • United States v. Jones
    30 F3d 276
    William Jones, Dwayne Frederick and Alson Schmidt appeal from judgments of conviction entered April 27, April 29 and June 23, 1993 respectively in the United States District Court for the Southern Dis...

  • Schiller v. Moore
    30 F3d 1281
    Appellant Brian T. Schiller appeals from the decision of the United States District Court for the District of Utah granting summary judgment in favor of Appellees Nancy Moore and the Park City School ...

  • United States v. Gay
    28 F3d 113
    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...

  • Simmons v. State Of Iowa
    28 F3d 1478
    In December 1988 Donna Jayne Simmons was convicted in Iowa state court of first-degree kidnapping, a charge that arose out of her role in the confinement and torture of her seven-year-old son, and she...

  • United States v. Watts
    29 F3d 287
    On September 13, 1992, William Cole and Merle Headley were working at the Daly Plaza gas station in Peoria, Illinois. Headley had just finished training Cole on the cash register when Michael Watts e...

  • Jones v. Al Lockhart A
    29 F3d 422
    Floyd McHan appeals the district court's award of attorney's fees of $25,000 in this prisoner civil rights action. We affirm the district court's award of fees, but remand to the district court to re...

  • Chewning v. Rogerson
    29 F3d 418
    In October, 1989, Dianne Chewning was found dead in a motel room in Iowa. She had been strangled. After notice of a fugitive warrant from Iowa authorities for Frank Chewning, Dianne's husband, polic...

  • United States v. Thai Lv
    29 F3d 785
    Defendants David Thai, Lan Ngoc Tran ("Lan Tran"), Minh Do, Jimmy Nguyen ("Jimmy"), Quang Van Nguyen ("Quang"), Hoang Huy Ngo ("Hoang Ngo"), and LV Hong appeal from judgments entered in the United Sta...

  • United States v. E Ghent
    29 F3d 416
    Charles E. Ghent appeals from the district court's imposition of a 262-month sentence for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1) (1988). In c...

  • Camacho Pacheco v. A Medina Vargas Et Al
    30 F3d 126
    During the evening of March 10, 1990, Officer Luis Medina Vargas arrived by unmarked patrol car in the Caimito Ward of Yauco, Puerto Rico, accompanied by his partner, Antonio Rodriquez. Medina, who b...

  • Young v. Riveland
    29 F3d 638
    MEMORANDUM Respondent-appellant appeals the district court's grant of petitioner-appellee's habeas corpus petition. Petitioner-appellee petitioned for writ of habeas corpus pursuant to 28 U.S.C. Sec...

  • United States v. Familia
    30 F3d 127
    After a jury trial, appellant Juan Consoro Familia and his live-in girlfriend, Priscilla Jackson, were convicted of conspiring to possess and possession with intent to distribute cocaine in violation ...

  • United States v. Cocoa Tapia
    29 F3d 635
    Before D.W. NELSON and BEEZER, Circuit Judges, and LETTS, District Judge. MEMORANDUM Fernando Cocoa-Tapia and Jacinto Orozco-Morales appeal their convictions of possession of marijuana with intent ...

  • United States v. Caterino
    29 F3d 635
    MEMORANDUM James Norman Caterino appeals his sentence, imposed by the district court after this court remanded his case for resentencing. Mr. Caterino's conviction arose out of a scheme whereby he ...

  • Velasquez v. Rg Borg
    28 F3d 110
    Before: SCHROEDER, D.W. NELSON and CANBY, Circuit Judges MEMORANDUM John Flores Velasquez, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas...

  • United States v. Kerna
    28 F3d 109
    Before: FLETCHER, PREGERSON and NORRIS, Circuit Judges MEMORANDUM Keith Richard Kerna appeals his conviction on two counts of threatening the Vice President in violation of 18 U.S.C. Sec. 871(a). ...

  • United States v. Isenhower
    28 F3d 1216
    A jury found defendant John Isenhower guilty of two counts of wire fraud in violation of 18 U.S.C. Sec. 1343, for causing wire transfers of money from the accounts of Armed Forces veterans pursuant to...

  • Jamerson v. P McDonald
    28 F3d 106
    MEMORANDUM California state prisoner Larry D. Jamerson appeals pro se the district court's dismissal without prejudice of his 42 U.S.C. Sec. 1983 action against prison staff psychologist Raymond P. M...

  • United States v. Cash
    28 F3d 1211
    Pursuant to a plea agreement, Tonja Charletta Cash entered a guilty plea to one count of being an accessory after the fact in a bank robbery, 18 U.S.C.A. Sec. 3 (West Supp.1994), in that she assisted ...

  • United States v. Onuorah
    28 F3d 110
    MEMORANDUM Charles Onuorah appeals his conviction for eight counts of making false claims against the government, and conspiring to do so, in violation of 18 U.S.C. Secs. 286 and 287. He also appeal...

  • United States v. Ivonye
    30 F3d 275
    This appeal from a conviction in a narcotics case raises the issue whether a defendant's offense level should be calculated on the basis of the type and amount of narcotics actually possessed or only ...

  • United States v. Frieberger
    28 F3d 916
    Roy Frieberger appeals his 132-month sentence imposed by the District Court after he entered an unconditional guilty plea to one count of conspiracy to distribute more than 100 grams of a mixture or s...

  • United States v. A Pasto
    28 F3d 1214
    Defendant Joseph A. Pasto appeals his conviction and sentence for three counts of bank robbery in violation of 18 U.S.C. Sec. 2113(a). A jury found Pasto guilty on all three counts and the district c...

  • Bartlett v. Ortiz Fci
    28 F3d 104
    MEMORANDUM Robert Bartlett, a federal prisoner serving a concurrent state sentence, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition, challenging his jury conviction for...

  • Hellum v. Warden United States Penitentiary Leavenworth
    28 F3d 903
    Robert Lee Hellum appeals the district court's denial of his petition for habeas corpus under 28 U.S.C. Sec. 2254 (1988). A Minnesota jury convicted him of intentional second-degree murder, attempted...

  • Stokes v. Van Boening
    28 F3d 108
    MEMORANDUM Raymond Stokes, a Washington state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action alleging that Associate Warden Ronald Van Boening violated Stok...

  • United States v. Nahoe
    28 F3d 109
    MEMORANDUM Guillermo Nahoe and Curtis Schwartz appeal their sentences following guilty pleas to charges of conspiracy to distribute cocaine in violation of 21 U.S.C. Secs. 846 and 841(a)(1). We affi...

  • Miller v. United States
    28 F3d 1213
    Petitioner James Richard Miller appeals the judgment of the district court dismissing his motion to vacate, set aside, or correct his sentence filed pursuant to 28 U.S.C. Sec. 2255. On appeal, the is...

  • Partington Mm v. Norris
    28 F3d 107
    MEMORANDUM Earle Partington, Clifford Clark, and Jeffrey Lau ("Appellants") appeal the district court's dismissal, pursuant to Federal Rule of Civil Procedure 12(b)(6), of their 42 U.S.C. Sec. 1983 s...

  • United States v. J Dupard
    28 F3d 109
    MEMORANDUM Ronald J. Dupard, a federal prisoner, appeals pro se the district court's partial grant of his second 28 U.S.C. Sec. 2255 motion to modify or vacate his 15-year sentence imposed following ...

  • Ketchum v. Ryan
    28 F3d 106
    Before: WALLACE, Chief Judge, BROWNING, Circuit Judge, and TURRENTINE, District Judge. MEMORANDUM "A jury may infer the intent to distribute a controlled substance from quantity alone." United S...

  • United States v. Rice
    28 F3d 110
    MEMORANDUM Royland Rice appeals his 115-month sentence imposed following a bench trial on four counts of bank robbery in violation of 18 U.S.C. Sec. 2113(a). For the first time on appeal, Rice conte...

  • United States v. J Shallimi
    28 F3d 1217
    Alias Shallimi entered a plea of guilty to one count of possession with intent to distribute heroin in violation of 21 U.S.C. Sec. 841(a)(1). The district court sentenced Shallimi to 72 months' impri...

  • United States v. Jackson
    29 F3d 397
    Curtis Jackson and Nina E. Donaldson appeal following their jury-rendered convictions on a one-count indictment charging them with conspiracy to possess with intent to distribute, and distribution of,...

  • Government Of Guam v. American President Lines
    28 F3d 142
    Appellant shippers, including the Government of Guam, sought reparations from appellee carriers in a proceeding before the Federal Maritime Commission for allegedly unlawful rates under the Shipping A...

  • Alexander v. City and County Of San Francisco
    29 F3d 1355
    This civil rights action is brought by the executor of the estate of Henry Quade, who was shot dead in his home by San Francisco police officers. Plaintiff alleges that Quade's Fourth Amendment right...

  • Georgescu v. Commissioner Of Internal Revenue
    28 F3d 105
    MEMORANDUM Eugen D. Georgescu appeals pro se the tax court's decision upholding the Commissioner of Internal Revenue's (CIR) disallowance of certain business-expense deductions claimed by Georgescu f...

  • Commonwealth Of Virginia v. D Kelly
    29 F3d 145
    Appellant communicated with my office by telephone at approximately 9:30 a.m. this morning to request that I entertain, as a single Circuit Judge, an emergency appeal from an order entered last eveni...

  • Roberson v. Mullins
    29 F3d 132
    Defendants, the Board of Supervisors for Wise County, Virginia (the County Board) and some of its members, appeal the district court's denial of their motions to dismiss plaintiff George Roberson's se...

  • United States v. Johnson
    28 F3d 151
    As Johnson sees it, U.S.S.G. Sec. 4A1.2(d) exceeds the Commission's statutory authority. He asks how "criminal history" under Sec. 994(d)(10) can include his juvenile offenses when D.C.CODE ANN. Sec....

  • United States v. Marino
    29 F3d 76
    This sentencing appeal primarily concerns the availability of a sentencing guideline adjustment for minor role in an offense. The precise issue is whether a defendant may receive a minor role adjustm...

  • United States v. David H
    29 F3d 489
    The United States filed an information under Sec. 5032 of the Federal Juvenile Delinquency Act charging David H. with committing armed bank robbery when he was seventeen, and moved to transfer David H...

  • United States v. Nevell
    28 F3d 109
    MEMORANDUM The United States appeals interlocutorily the district court's order granting a new trial for Diana Nevell after a jury convicted her of providing contraband to an inmate at a federal corr...

  • United States v. E Santurio
    29 F3d 550
    Submitted on the Briefs: Michael G. Katz, Federal Public Defender, and Susan L. Foreman, Asst. Federal Public Defendant, Denver, CO, for defendant-appellant Louis E. Santurio. Stephen C. Lewis, U.S...

  • United States v. Mills
    29 F3d 545
    Defendant-Appellant Samuel Ervin Mills ("Mills") appeals from his conviction on the charge of possession of a firearm by a felon, in violation of 18 U.S.C. Sec. 922(g). He alleges a number of errors ...

  • Refahiyat v. United States Department Of Justice Immigration and Naturalization Service
    29 F3d 553
    Before TACHA and BRORBY, Circuit Judges, and BROWN, Senior District Judge. WESLEY E. BROWN, Senior District Judge. This is a petition for review of the order of deportation entered by the Board of...

  • United States v. Ad Pg 93 3197
    28 F3d 1353
    This appeal requires us to apply the confidentiality provisions of the Federal Juvenile Delinquency Act, 18 U.S.C. Secs. 5031-42 ("the Act"). We hold that the Act gives district judges authority to r...

  • United States v. Gobea Espinoza
    28 F3d 113
    Following the entry of a conditional plea of guilty, defendant Jose Gobea-Espinoza appeals a decision of the trial court denying his motion to suppress evidence seized from an automobile rented by ano...

  • Contreras Canche v. Immigration and Naturalization Service
    28 F3d 112
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this petition for review. See Fed.R.App.P. 3...

  • United States v. Haines
    28 F3d 109
    Before: HUG, SCHROEDER, and FERNANDEZ, Circuit Judges MEMORANDUM James Henderson Haines appeals his jury conviction for possession of an unregistered firearm in violation of 26 U.S.C. Sec. 5861(d)....

  • United States v. Lucero
    28 F3d 109
    MEMORANDUM Arthur Lucero appeals both the $175,000 fine and $41,106,282.97 restitution components of his sentence imposed following a guilty plea to mail fraud in violation of 18 U.S.C. Sec. 1341. L...

  • United States v. Welch
    28 F3d 1217
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, District Judge. James Welch appeals from the sentence imposed by the district court after he pleaded guilty to one count of conspiracy ...

  • 14010b Younger Younger v. E Shalala
    30 F3d 1265
    Paul F. McTighe, Jr., Tulsa, OK, for appellant. Stephen C. Lewis, U.S. Atty., Gayla Fuller, Chief Counsel, Christopher Carillo, Lead Atty., U.S. Dept. of Health and Human Services, Dallas, TX, for a...

  • United States v. Peters
    28 F3d 114
    After examining the briefs and those portions of the appellate record provided by the parties, this panel has determined unanimously that oral argument would not materially assist the determination of...

  • United States v. J Green
    28 F3d 109
    MEMORANDUM William J. Green appeals the district court's denial of his motion for a new trial following his conviction for disorderly conduct preventing normal operations in a Veterans Administration...

  • United States v. L Pearson
    28 F3d 110
    MEMORANDUM* Diana L. Pearson appeals her sentence imposed following the district court's decision to grant the government's motion for downward departure made pursuant to Fed.R.Crim.P. 35. Pearson e...

  • United States v. Dimeo
    28 F3d 240
    After the district court, acting sua sponte, reduced its original sentence in response to a recent amendment to the Sentencing Guidelines, see United States Sentencing Commission, Guidelines Manual, S...

  • United States v. Terraza Dominguez
    28 F3d 110
    MEMORANDUM Luis Alberto Terraza-Dominguez appeals his 60-month sentence imposed following entry of a guilty plea to illegal reentry after deportation in violation of 8 U.S.C. Sec. 1326(b)(1). Pursu...

  • United States v. F Schmerber
    28 F3d 110
    MEMORANDUM Concepcion Hernandez, the signatory on the bail bond of Edward F. Schmerber, appeals the district court's order declaring the bail bond forfeited and denying her motion to set aside the bo...

  • United States v. Springer
    28 F3d 236
    Jeffrey Springer appeals the sentence imposed after he pled guilty, pursuant to a plea agreement, to one count of wire fraud, 18 U.S.C. Sec. 1343, and one count of bank fraud, 18 U.S.C. Sec. 1344. Sp...

  • United States v. Williams
    28 F3d 110
    MEMORANDUM Kevin Williams appeals his conviction following a jury trial for being a felon in possession of ammunition in violation of 18 U.S.C. Sec. 922(g)(1). Williams contends that the prosecutor ...

  • United States v. Tiedeman
    28 F3d 110
    MEMORANDUM Kimberly Ann Tiedeman appeals her conviction, which followed a jury trial, for possession with intent to distribute methamphetamine in violation of 21 U.S.C. Sec. 841(a)(1). Tiedeman cont...

  • United States v. Baker
    30 F3d 1278
    This matter comes on for consideration of Mr. Baker's petition for rehearing and suggestion for rehearing en banc. Having considered the matter, we vacate the prior order and judgment, publishing in ...

  • United States v. Mata Cruz
    28 F3d 109
    MEMORANDUM Jesus Mata-Cruz appeals his 70-month sentence imposed following his guilty plea to illegally reentering the United States after having been deported, in violation of 8 U.S.C. Sec. 1326(b)(...

  • United States v. A Zuniga Camarena
    28 F3d 110
    MEMORANDUM In these consolidated appeals, Miguel A. Zuniga-Camarena appeals his conviction following entry of a guilty plea, his 120-month sentence, and the district court's denial of his 18 U.S.C. S...

  • Whitmore v. Jd Swinson
    28 F3d 111
    MEMORANDUM George Whitmore, Jr., a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2241 habeas corpus petition. Whitmore contends the United States Parole Commissi...

  • Collins v. Hesse L
    30 F3d 141
    Before MOORE and KELLY, Circuit Judges, and BRIMMER, District Judge. ORDER AND JUDGMENT BRIMMER, District Judge. Appellant Richard Doren Collins appeals from the district court's denial of his Pe...

  • United States v. Gutierrez
    28 F3d 1216
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, District Judge. On September 8, 1993, Raul E. Gutierrez was charged in a two count indictment with conspiracy to possess marijuana with...

  • Matthews v. United States Small Business Administration C
    28 F3d 1216
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, District Judge. Frederick A. Matthews brought suit pursuant to 42 U.S.C. Sec. 1983 and the Federal Tort Claims Act (FTCA), 28 U.S.C. Se...

  • United States v. Sandoval
    29 F3d 537
    Loni F. DeLand, McRae & DeLand, Salt Lake City, UT (D. Gilbert Athay with him on the brief), for defendant-appellant. Scott M. Matheson, Jr., U.S. Atty., and Bruce C. Lubeck, Asst. U.S. Atty., S...

  • United States v. Flower
    29 F3d 530
    Defendant-Appellant Grove Lawrence Flower appeals his conviction of possession of a firearm by a felon, 838 F.Supp. 544, in violation of 18 U.S.C. Sec. 922(g)(1). 18 U.S.C. Sec. 921(a)(20) defines wh...

  • National Labor Relations Board v. Monfort Inc
    29 F3d 525
    This matter comes before us on a petition by the National Labor Relations Board ("the Board") asking this court to adjudicate Monfort, Inc. ("Monfort") in civil contempt for failing to comply with ou...

  • United States v. Madrid
    30 F3d 1269
    Thomas Edward Madrid (Madrid) appeals from the judgment and sentence entered following his conditional plea of guilty to the indictment charging him with unlawful possession of marijuana with intent t...

  • United States v. Atkin
    29 F3d 267
    Testifying before a grand jury, Mark Atkin denied that he had ever seen Paul Rockholt possess or use methamphetamine. A jury convicted Atkin of perjury, which under the Sentencing Guidelines has a ba...

  • United States v. Smith
    29 F3d 270
    In early summer on Canada's Vancouver Island in the rustic fishing and logging town of Campbell River, Beverly Anderson Pickering assembled a package of elk teeth, six cans of salmon, photographs, fou...

  • United States v. Henegar
    28 F3d 1214
    Defendant Vincent Delon Henegar seeks to appeal a conditional plea of guilty under Fed.R.Crim.P. 11(a)(2) to the offense of possessing device-making equipment in violation of 18 U.S.C. Sec. 1029(a)(4)...

  • Zack v. Morgan and McClarty Pc W
    28 F3d 1215
    This is a civil rights action in which the plaintiff, a debtor in bankruptcy, alleges that he was deprived of property without due process of law when the bankruptcy trustee willfully failed to pursue...

  • United States v. McInerney
    28 F3d 109
    Before: HUG, SCHROEDER, and FERNANDEZ, Circuit Judges MEMORANDUM Michael McInerney and Michael Giambra appeal their jury convictions for money laundering, aiding and abetting and conspiracy in viol...

  • Nichols v. United States
    28 F3d 1216
    Petitioner Sherman Nichols appeals from the denial of his motion to set aside judgment pursuant to 28 U.S.C. Sec. 2255, alleging ineffective assistance of counsel for failure to interview an exculpato...

  • United States v. Mora Avalos
    28 F3d 109
    MEMORANDUM Jose Luis Mora-Avalos appeals the 135-month sentence imposed following his entry of a guilty plea to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Secs....

  • United States v. Bradley
    28 F3d 108
    MEMORANDUM Dwayne Edward Bradley appeals his conviction, which followed a jury trial, for being a felon in possession of a firearm in violation of 18 U.S.C. Secs. 922(g)(1), 924(e)(1). Bradley claim...

  • Keeton v. State Of Oklahoma
    32 F3d 451
    After examining the brief and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); Tenth C...

  • Megasoft Computer Corporation Megasoft Computer Corporation v. Domico
    28 F3d 107
    MEMORANDUM The bankruptcy court entered judgment in favor of Megasoft Computer Corporation on a breach of contract claim against Domico. Megasoft appeals. It claims that the bankruptcy court abused...

  • Wells v. Maass
    28 F3d 1005
    Donald Ray Wells, an Oregon state prisoner, appeals the district court's dismissal of his petition for habeas corpus under 28 U.S.C. Sec. 2254. In his petition, Wells argues (1) that he was denied ef...

  • Gocken v. City Of Auburn
    28 F3d 106
    MEMORANDUM Victor G. Gocken, a Washington state prisoner, appeals pro se the district court's grant of summary judgment for the City of Auburn and several individual police officers in his 42 U.S.C. ...

  • United States v. A Jimenez
    28 F3d 1216
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, District Judge. Carlos Jimenez was convicted of possession with intent to distribute cocaine and conspiracy pursuant to 21 U.S.C. Secs....

  • United States v. Reed
    26 F3d 523
    At 6:45 a.m. on September 4, 1992, Sherrie Mack, an employee of the Public Employees' Credit Union in Austin, Texas, arrived at work. After she unlocked the first of two locks on the rear door of the...

  • Aetna Life and Casualty Company v. Barthelemy
    33 F3d 189
    In this diversity case, we must predict whether the Pennsylvania courts would obligate an insurer to defend and indemnify an insured under a homeowner's policy in a state court action in which a femal...

  • United States v. C Miller A
    24 F3d 1357
    On 27 February 1992, appellees Tanfield and Helen Miller were indicted for violating the federal arson statute, 18 U.S.C. Sec. 844(i), in the destruction by fire of a building that housed their busine...

  • United States v. T Korando
    29 F3d 1114
    Michael Korando appeals his conviction for conspiring to violate RICO. He was acquitted on the other two counts of the three-count indictment. Count I charged a RICO violation, alleging that Korando...

  • Kelly Iii v. United States
    29 F3d 1107
    William Kelly was part of a large drug conspiracy. He and 13 other defendants were charged with a variety of offenses relating to a scheme to import and distribute large quantities of drugs. Accordi...

  • Lc Resolution Trust Corporation Fsb v. C R Lc G Hodgin
    27 F3d 562
    C and R, L.C. (C and R), the Debtor, filed a voluntary petition for Chapter 11 bankruptcy on January 26, 1993. C and R was formed on January 6, 1993. On January 26, C and R had two assets, a piece ...

  • United States v. Dorsey
    27 F3d 564
    Larry Dorsey was convicted by a jury of aiding and abetting two codefendants in the possession of cocaine with intent to distribute, in violation of 21 U.S.C.A. Sec. 841 (West 1981 & Supp.1994) an...

  • United States v. W Samuels
    27 F3d 569
    appeal from the United States District Court for the Central District of Illinois, Springfield Division, No. 92 CR 30077; Richard Mills, JM Kenneth W. Samuels was convicted by a jury of being a fel...

  • Harvey v. R Myers
    28 F3d 106
    Before: FLETCHER and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM California state prisoner Vernon A. Harvey appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 ha...

  • United States v. I Bell
    27 F3d 569
    In 1993, Gregory I. Bell was indicted on three counts for the sale of cocaine to undercover United States Postal Inspectors Carmen Reese and Steven Franczyk on January 5, 7, and 14, 1988. 18 U.S.C. S...

  • United States v. Omar
    24 F3d 1356
    Upon consideration of the Appellee's petition for rehearing in the nature of a request for modification, that petition is granted, and the opinion filed in this case on March 23, 1994, and published a...

  • Grant v. Us Parole Commission
    28 F3d 115
    Appeal From: S.D.Fla. AFFIRMED IN PART, REVERSED IN PART. ...

  • White v. Armontrout R D
    29 F3d 357
    In early 1987, Stevie White was incarcerated in a state prison in Missouri. After an exchange of extradition paperwork about which he knew nothing, he was transferred in mid-1987 to the custody of st...

  • United States v. A Wright
    29 F3d 372
    Jerald A. Wright and Diane L. McNabb appeal their sentences imposed by the district court after they pleaded guilty to conspiracy to distribute methamphetamine in violation of 21 U.S.C. Secs. 841, 843...

  • United States v. Rej
    29 F3d 375
    Bernard Duffy, Fort Pierre, SD, argued, for appellant. Mikal Hanson, Asst. U.S. Atty., Pierre, SD, argued, for appellee. Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and MAG...

  • Seiwell Iii v. A Lewis
    29 F3d 634
    MEMORANDUM William Seiwell, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of the defendant prison officials in his 42 U.S.C. Sec. 1983 civil rights action. ...

  • Lunde v. M Helms W R Iii W
    29 F3d 367
    Karen R. Lunde appeals from a final order entered in the District Court for the Southern District of Iowa granting summary judgment in favor of defendants, the University of Iowa and several individua...

  • Kulow v. Nix
    28 F3d 855
    The principal issue in this Sec. 1983 and habeas corpus action is whether Ronald Kulow is an illiterate and incompetent inmate of the Iowa State Penitentiary (ISP) who has a procedural due process rig...

  • Oconnell v. G Borg
    29 F3d 633
    MEMORANDUM Patrick Thomas O'Connell, 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. O'Connell contends th...

  • Moore v. United States
    28 F3d 1213
    Before: RYAN, Circuit Judge; KRUPANSKY, Senior Circuit Judge, and SPIEGEL, District Judge. Willie Lee Moore, a pro se federal prisoner, appeals a district court order and judgment denying his moti...

  • Parikh v. City and County Of Honolulu
    29 F3d 633
    MEMORANDUM Naimish D. Parikh appeals pro se the district court's grant of summary judgment in favor of all defendants. In his 42 U.S.C. Sec. 1983 action, Parikh alleged that he was unconstitutionall...

  • Luna v. White
    29 F3d 633
    MEMORANDUM California state prisoner Jose Mauricio Luna appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Luna contends that his counsel ...

  • United States v. Anderson
    29 F3d 634
    MEMORANDUM Derek Anderson, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion challenging his conviction following a guilty plea for distribution of coca...

  • United States v. Wagner
    29 F3d 264
    Matthew L. Jacobs, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Milwaukee, WI, for plaintiff-appellee. Robert J. Lerner (argued), Perry, Lerner & Quindel, Milwaukee, WI, for defendants-...

  • Kiba v. United States
    29 F3d 632
    MEMORANDUM Stephen and Kathleen Kiba ("the Kibas") appeal pro se the district court's denial of their 28 U.S.C. Sec. 2255 motion. The Kibas contend that the United States lacked jurisdiction to pros...

  • United States v. S Couch
    28 F3d 711
    Matthew L. Jacobs (argued), Paul Kanter, Asst. U.S. Attys., Office of the U.S. Atty., Milwaukee, WI, for plaintiff-appellee. Catherine M. Canright (argued), Milwaukee, WI, for defendant-appellant. ...

  • Marsh v. Search Intl Detective
    28 F3d 118
    Appeal From: S.D.Ga. AFFIRMED. ...

  • Island Creek Coal Company v. District United Mine Workers Of America
    29 F3d 126
    District 28, United Mine Workers of America (District 28), appeals the district court's decision vacating the penalty portion of an arbitration award. For the reasons stated herein, we affirm. * Th...

  • United States v. P Riffe
    28 F3d 565
    Defendant Leonard Riffe appeals his convictions and sentences for conspiracy to distribute marijuana while a prisoner in violation of 21 U.S.C. Sec. 846 (Count 1) and for aiding and abetting the use o...

  • United States v. Thompson
    29 F3d 62
    Defendant-appellant Earl Thompson appeals from a judgment entered on August 23, 1993 after a jury trial in the United States District Court for the Southern District of New York (Broderick, J.), convi...

  • United States v. E Phipps
    29 F3d 54
    Defendant Arnett E. Phipps appeals from a judgment entered in the United States District Court for the Southern District of New York, following his plea of guilty before Thomas P. Griesa, Chief Judge,...

  • United States v. Whiting G
    28 F3d 1296
    These cases arise out of an extensive undercover law enforcement operation targeted at the "New York Boys," a large-scale drug distribution ring operating out of the Orchard Park Housing Project in Ro...

  • Hall v. United States
    29 F3d 632
    MEMORANDUM Federal prisoner Frank Leslie Hall appeals pro se the district court's denial of his second 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence. Hall was convicted fo...

  • Rise v. Zenon
    29 F3d 634
    MEMORANDUM Erik Rise, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition for habeas corpus, challenging the parole board's determination of his initial ...

  • United States v. Coney
    27 F3d 569
    Pursuant to a written agreement, Marwin Coney entered a plea of guilty to one count of failing to surrender for service of sentence in violation of 18 U.S.C. Sec. 3146(a)(2). After accepting the plea...

  • Fmc Corporation v. United States Department Of Commerce
    29 F3d 833
    The United States and the United States Department of Commerce appeal from a final judgment entered on September 17, 1992, by the United States District Court for the Eastern District of Pennsylvania....

  • Jacobs v. Us Parole Commission
    29 F3d 624
    AFFIRMED. ...

  • Mitchell v. J Ahitow
    27 F3d 569
    Elijah Mitchell, an Illinois state prisoner, was convicted following a bench trial of attempted murder, unlawful use of a weapon, and aggravated battery, and sentenced to twenty years in prison. See ...

  • United States v. Black
    28 F3d 1214
    The defendant, Eddie Lee Black, appeals his convictions on nine counts involving the distribution of cocaine and possession with intent to distribute cocaine, for which he was sentenced to 70 months' ...

  • Greiner v. City Of Champlin H L Wulff
    27 F3d 1346
    Homeowners Lori Greiner and Mona Wulff and several of their guests appeal from a summary judgment entered against them in their civil rights suit against police officers who came to the Greiner and Wu...

  • Lowe Bey v. Groose
    28 F3d 816
    Fredrico Lowe-Bey appeals from a final judgment entered in the United States District Court for the Eastern District of Missouri denying his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2...

  • United States v. Lopez
    26 F3d 512
    This appeal from a judgment of the district court resentencing a defendant who had previously been granted a downward departure for substantial assistance, but who thereafter refused to testify for th...

  • Mac Sales Inc v. Ei Pont Nemours and Company
    24 F3d 747
    Louisiana Civil Code article 2054 provides that "law, equity, or usage" is presumed to furnish the contractual terms when a contract is silent as to a particular situation. In the instant case, Defen...

  • United States v. Sheahan
    31 F3d 595
    Michael Sheahan appeals the sentence he received after pleading guilty to a bank fraud offense. He contends the district court erred in determining his base offense level under U.S.S.G. Sec. 2F1.1. ...

  • Cipriano v. Immigration and Naturalization Service
    24 F3d 763
    Guiseppe Cipriano petitions for review of the denial of relief from deportation by the Board of Immigration Appeals. We grant review in part, vacate in part, and remand for further proceedings. Cip...

  • Verive v. A Peters
    27 F3d 570
    Joseph Verive, a prisoner in the state of Illinois, appeals from summary judgment entered in favor of the defendants in this civil rights action filed pursuant to 42 U.S.C. Sec. 1983. Verive contends...

  • United States v. Dailey
    24 F3d 1323
    Russell Charles Dailey was convicted on one count of violating 18 U.S.C. Sec. 1952(a)(3) (1988 & Supp. II 1990), interstate travel with intent to carry on the unlawful activity of extortion, in t...

  • Avery v. City Of Talladega Alabama
    24 F3d 1337
    Fifty-seven employees and former employees of the Talladega Police Department sued the City of Talladega, Alabama ("the City"), to recover overtime pay allegedly owed them under the Fair Labor Standar...

  • Tarpeh Doe Ii v. United States
    28 F3d 120
    Linda Wheeler Tarpeh-Doe (Linda) and Marilyn Wheeler, Linda's mother and the legal guardian of Linda's son, Nyenpan Tarpeh-Doe (Nyenpan), filed this action seeking damages against the United States un...

  • United States v. J Roach
    28 F3d 729
    John J. Roach and Pamela B. Hester appeal their convictions and sentences for possession of ephedrine with intent to manufacture methamphetamine in violation of 21 U.S.C. Sec. 841(d)(1) (1988) and 18 ...

  • Conley v. Kf Williams
    28 F3d 1213
    This is an appeal from an order dismissing a civil rights action brought against the Memphis/Shelby County Airport Authority and certain of its officials by an airline baggage handler. The plaintiff'...

  • Tilson v. Forrest City Police Department
    28 F3d 802
    The Forrest City Police Department (the Department) and Chief of Police Joe Goff (Goff) appeal the district court's denial of their posttrial motions for judgment as a matter of law and for a new tria...

  • United States v. Hadamek
    28 F3d 827
    Donna Louise Hadamek appeals the final judgment entered by the district court upon a jury verdict finding her guilty of making a false statement to a federally insured bank, in violation of 18 U.S.C. ...

  • Marbury v. Jabe
    28 F3d 1213
    Petitioner, Tyrome Marbury, a prisoner in a Michigan corrections facility, appeals from an order of the district court denying his petition for a writ of habeas corpus. Essentially, he alleges that h...

  • United States v. Maya Azua
    30 F3d 140
    MEMORANDUM Jose Martin Maya-Azua appeals his convictions for conspiracy to possess with intent to distribute cocaine (21 U.S.C. Secs. 841(a)(1), 846), and possession with intent to distribute and dis...

  • Sweeton v. Brown
    27 F3d 1162
    The district court has denied the State's motions to vacate, modify or terminate a consent decree entered in 1981 governing parole procedures for state prisoners in Michigan. The federal consent decr...

  • Stark v. Advanced Magnetics Inc V
    29 F3d 1570
    Dr. David D. Stark appeals the summary judgment of the United States District Court for the District of Massachusetts, denying his request for correction of inventorship of six United States patents a...

  • Sterling v. Scott
    26 F3d 29
    The basic question presented in this appeal is whether this death-row inmate may tap federal funds to pay his counsel to exhaust his habeas claims in state court. Here, the federal district court di...

  • Kragness v. National Transportation Safety Board
    30 F3d 139
    MEMORANDUM Leonard Kragness petitions for review of the National Transportation Safety Board's ("NTSB") decision upholding the revocation of his commercial pilot's certificate. He argues that under ...

  • Bassett v. Commissioner Of Internal Revenue
    30 F3d 126
    Philip Paul Bassett seeks review of a Tax Court decision sustaining an Internal Revenue Service (IRS) determination that Bassett had underpaid his taxes and was liable for certain penalties as a resul...

  • United States v. L Nelson
    29 F3d 261
    Appellant Glenn L. Nelson ("Nelson") pled guilty to one count of mail fraud in violation of 18 U.S.C. Sec. 1341. He appeals the sentence imposed by the district court. We affirm. The information a...

  • Stallings v. J Ahitow
    30 F3d 136
    Wade Stallings, an Illinois state prisoner who was convicted after a bench trial of first degree murder and given a twenty-four year term of imprisonment, see People v. Stallings, 211 Ill.App.3d 1032...

  • Walker v. Shansky R
    28 F3d 666
    Dwayne Walker, a prisoner in Centralia (Illinois) Correctional Center, filed two lawsuits against various medical and prison officials, alleging that his constitutional rights were violated by two for...

  • United States v. Acevedo
    28 F3d 686
    The defendant was convicted of three drug trafficking offenses after attempting to sell one and one-half kilograms of cocaine to an acquaintance-turned-government - informant. His arrest for the fail...

  • Amwest Surety Insurance Company v. United States
    28 F3d 690
    The plaintiff, Amwest Surety Insurance Company ("Amwest"), filed an action against the United States for wrongful tax levy pursuant to 26 U.S.C. Sec. 7426(a)(1). The district court dismissed Amwest's...

  • United States v. Giacometti
    28 F3d 698
    A confidential source tipped off DEA agents that defendant Michael Giacometti and his friend John Capranica were planning to go to Chicago on December 12-13, 1992 to buy cocaine. On December 13, Capr...

  • Mousseaux v. United States
    28 F3d 786
    Rolland Richard Mousseaux appeals from the district court's dismissal of his claims brought under 42 U.S.C. Sec. 1985(3) against numerous defendants. We affirm in part and remand for dismissal of the...

  • Boykin v. Leapley
    28 F3d 788
    A jury convicted Jimmy Lee Boykin of first degree murder, kidnapping, and first degree robbery of DeWayne Jensen, and he was sentenced to twenty-five years in prison for the robbery and life in prison...

  • Munz v. Michael
    28 F3d 795
    This case involves a Bivens action by Thomas A. Munz against United States Deputy Marshals Kirk Papenthien and Tobin Michael (defendants) for violation of his Eighth Amendment rights based on a claim ...

  • United States v. R Marshall
    28 F3d 801
    John R. Marshall appeals a sentence of eighty-seven months imprisonment after a guilty plea to manufacturing and possessing with intent to manufacture in excess of one hundred marijuana plants. We af...

  • Patterson Belknap Webb Tyler v. Larosa
    28 F3d 1210
    The question here is whether plaintiff law firm is entitled to recover the amount of the statements it rendered to defendants for legal services. We hold that defendants' failure to object to the amo...

  • United States v. Compton
    28 F3d 1214
    Compton was indicted on charges of unarmed bank robbery and armed bank robbery, in violation of 18 U.S.C. Sec. 2113(a)-(d), arising out of two separate incidents occurring in late 1991. A jury convic...

  • United States v. Perez
    28 F3d 673
    Bernardo Perez was convicted of conspiring to possess with the intent to distribute cocaine, possession with the intent to distribute cocaine, and possession of a firearm during and in relation to a d...

  • United States v. Johnson Wilder
    29 F3d 1100
    Claudette Grimes was the supervisor of the accounts payable department of Continental Grain Company, and had access to blank checks belonging to her employer. In October of 1988 Grimes and her friend...

  • Hamilton Fixture v. Secretary United States Department Of Labor
    28 F3d 1213
    Following an Occupational Safety and Health Administration ("OSHA") inspection, petitioner was cited for violating the Occupational Safety and Health Act of 1970 ("Act"), 29 U.S.C. Secs. 651-678, by f...

  • United States v. Daggao
    28 F3d 985
    Omar Jahal Daggao (a.k.a. Omar Jahal Ali-Daggao) was charged with committing three armed bank robberies, and was arrested on August 27, 1992. He was held in custody until September 9, 1992, when he a...

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