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  • Williams Iii v. W Lee W
    33 F3d 1010
    After Willie Williams, III, who currently is confined at the South Dakota State Penitentiary, violated his parole, the state of South Dakota, acting on the authority of legislation enacted after Willi...

  • United States v. Moreno Flores
    33 F3d 1164
    * OVERVIEW Sergio Moreno-Flores (Moreno-Flores) and Sergio Alberto Rodriguez-Molina (Rodriguez-Molina) appeal their jury convictions for conspiracy to possess cocaine with intent to distribute in vio...

  • United States v. Dota
    33 F3d 1179
    Richard Dota appeals his conviction and sentence for conspiracy, murder for hire, and use of a firearm during a crime of violence. We affirm. Though disputed in some instances, testimony showing th...

  • United States v. Ml Combs
    33 F3d 667
    The defendants, James M.L. Combs and Jerry Hilary Snow, appeal their convictions under 18 U.S.C. Sec. 242 for, under color of law, depriving another individual of his federally protected rights. The ...

  • United States v. Jamerson
    35 F3d 572
    MEMORANDUM Byron Jamerson ("Appellant") appeals his conviction for possession of controlled substances with intent to distribute, distribution of controlled substances, and conspiracy. Appellant all...

  • United States v. Farias Torres
    35 F3d 572
    MEMORANDUM In these consolidated appeals, Heriberto Farias-Torres (Torres) appeals his conviction after a jury trial for conspiracy to distribute methamphetamine and heroin in violation of 21 U.S.C. ...

  • United States v. Cunningham
    35 F3d 572
    MEMORANDUM Kenneth Cunningham was convicted by a jury of conspiracy to propagate marijuana in violation of 21 U.S.C. Secs. 846 and 841(a)(1) and (b)(1)(A), manufacturing marijuana by propagation in v...

  • Stradley v. Nichols
    35 F3d 566
    Randy Thomas Stradley appeals from orders granting summary judgment to the defendants in his Sec. 1983 suit and denying him leave to amend his complaint to add another defendant. The defendants are O...

  • United States v. F Obrien
    35 F3d 573
    Before: LEAVY, KLEINFELD, Circuit Judges, and MARSH, District Judge. MEMORANDUM Anthony F. O'Brien appeals the sentence imposed on him under the Sentencing Guidelines for his failure to file feder...

  • United States v. Mosley
    35 F3d 573
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges; MERHIGE, District Judge. MEMORANDUM Maurice Mosley appeals his conviction of six counts of armed robbery of federally-insured banks in violati...

  • United States v. Flanagan
    34 F3d 949
    Thomas Alfred Flanagan appeals from his conviction on a multi-count indictment for conspiracy, mail fraud, wire fraud, and money laundering. Mr. Flanagan was convicted of one count of conspiracy in v...

  • United States v. W Lanier
    33 F3d 639
    Defendant David W. Lanier appeals his jury convictions, and the sentences imposed thereon, of seven counts of the willful deprivation under color of law of the civil rights of various female individua...

  • Meinhold v. United States Department Of Defense
    34 F3d 1469
    These consolidated appeals present a number of questions arising out of the Navy's discharge of Petty Officer Volker Keith Meinhold on account of his statement on ABC World News Tonight, "Yes, I am in...

  • St Paul Fire Marine Insurance Company v. American Bank
    33 F3d 1159
    St. Paul Fire and Marine Insurance Co. (St. Paul) appeals the district court's judgment in favor of its insured, American Bank, (American) in a coverage dispute. Because there is no coverage under t...

  • Thompson v. Boggs W Thompson
    33 F3d 847
    Robert Thompson filed this Sec. 1983 suit alleging a number of claims against the defendants arising from his July 29, 1989 arrest by Havana, Illinois, Police Officer Rodney Boggs. Thompson was arres...

  • Vencor Incorporated v. O Webb
    33 F3d 840
    Vencor, Incorporated sought to enjoin a former employee, David O. Webb, who had served as an assistant administrator of finance at one of the company's hospitals, from working for one of Vencor's chie...

  • United States v. Torres
    33 F3d 130
    On December 19, 1992, Zulma Jorge-Torres arrived in San Juan, Puerto Rico, on a flight from Barbados. Customs inspection revealed that her handbag contained a false bottom filled with heroin. This, ...

  • United States v. Keating
    35 F3d 567
    Matthew Keating challenges his sentence and the voluntariness of his guilty plea. Edmund Flores challenges his sentence and the district court's resolution of disputed facts. We affirm. Defendants...

  • United States v. Brown
    33 F3d 1014
    Takeshi Brown appeals his conviction and sentence for conspiracy to possess with the intent to distribute cocaine base, in violation of 21 U.S.C. Secs. 841(a)(1) and 846, and possession with the inten...

  • Cray Communications Inc v. Novatel Computer Systems Inc
    33 F3d 390
    Appellee, Dowty Communications, Inc. ("Dowty"), now known as Cray Communications, Inc., brought a diversity action, sounding in contract, against appellant Novatel Computer Systems, Inc. ("Novatel")...

  • United States v. Stinson
    30 F3d 121
    This case comes to us on remand from the United States Supreme Court. The issue is whether Amendment 433--which excluded the felon-in-possession offense from the category of crime of violence for U.S...

  • United States v. Hughes
    33 F3d 1248
    Defendant-Appellant Carlton Lee Hughes ("Hughes") appeals from the district court's denial of his motion for a new trial under Fed.R.Crim.P. 33. Hughes alleges that the government suppressed evidence...

  • Crothers v. Commodity Futures Trading Commission
    33 F3d 405
    We review a Commodity Futures Trading Commission ("Commission") order imposing a $25,000 fine on William R. Crothers and revoking his registration as an "associated person." Crothers was an account e...

  • United States v. 93 1442
    34 F3d 1204
    In this consolidated appeal of Anthony DiSalvo and Robert F. Simone, we examine the appellants' affiliation with the hierarchy of the Philadelphia La Cosa Nostra (LCN) to determine whether their prove...

  • United States v. Entendencia P
    35 F3d 572
    MEMORANDUM Kalani Entendencia was prosecuted for bank fraud and pled guilty. See 18 U.S.C. Sec. 1344. He was duly sentenced for that crime. It happened that he committed that offense while he was ...

  • Fabricant v. Henry
    35 F3d 570
    Before: HUG, WIGGINS, and NOONAN, Circuit Judges MEMORANDUM Danny Fabricant ("Petitioner") appeals the district court's dismissal of his petition for writ of habeas corpus. Petitioner challenges t...

  • United States v. L Eckhart
    36 F3d 1106
    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. Morrell Md
    33 F3d 55
    On January 18, 1994, this court rendered a decision in this case on numerous issues, affirming the conviction and sentence for defendant Roger Morrell, M.D. We now grant in part Dr. Morrell's petitio...

  • Otey v. B Stenberg E X
    34 F3d 635
    Appellant Otey's core claim in this section 1983 action is that his right to both substantive and procedural due process was violated by the procedure utilized by the Nebraska Board of Pardons (Pardon...

  • Town Country Electric Inc v. National Labor Relations Board
    34 F3d 625
    The National Labor Relations Board found that Town & Country Electric, Inc. had violated sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (the "Act"), 29 U.S.C. Secs. 158(a)(1) &am...

  • United States v. Macchia L
    35 F3d 662
    Defendants-appellants John Barberio and Marat Balagula (collectively, the "defendants"), having previously been convicted for their roles in a five-month scheme to defraud the United States of federal...

  • United States v. Krueger
    36 F3d 1106
    Before KELLY and McKAY, Circuit Judges, and BRIMMER, District Judge. Harold Frederick Krueger was convicted on a multi-count indictment charging one count of conspiracy in violation of 18 U.S.C. 371...

  • United States v. Mayes
    36 F3d 1106
    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...

  • Armesto v. Federal Express Corporation
    36 F3d 1105
    Before MOORE and TACHA, 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...

  • Maghe v. Carr
    36 F3d 1105
    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. Parada Talamantes
    32 F3d 168
    Defendant-Appellant Rogelio Parada-Talamantes ("Parada") was convicted by a jury of importing and possessing marihuana, and conspiring to import and possess it, in violation of 21 U.S.C. Secs. 841(a)(...

  • United States v. Hayes
    32 F3d 171
    Appellant Patrick Carl Hayes ("Hayes") appeals that portion of his sentence requiring him to pay restitution. Having concluded that the district court erred in ordering restitution in this case, we w...

  • Neal v. Honeywell Inc
    33 F3d 860
    In 1987 Judith Neal concluded that co-workers were falsifying ammunition test data at the Joliet Army Arsenal Plant, which Honeywell Inc. administered. She told Honeywell's legal counsel, who immedia...

  • Wycoff v. Hedgepeth
    34 F3d 614
    When prison investigators found alarming materials in inmate Steven Wycoff's personal effects, including directions for making bombs, Deputy Warden Paul Hedgepeth authorized the investigators to seize...

  • Broken Bow Ranch Inc Broken Bow Ranch Inc v. Farmers Home Administration
    33 F3d 1005
    Broken Bow Ranch, Inc., a South Dakota farming corporation (Broken Bow or Debtor), appeals the district court's affirmance of a bankruptcy court order denying Debtor a discharge in bankruptcy unless i...

  • United States v. Sowa Ii
    34 F3d 447
    On September 8, 1988, Stanley Sowa and Jeffrey Scalfaro brutally bludgeoned Alexis Dodds and Larayon Thomas with baseball bats. The two were tried for attempted murder and aggravated assault in Illin...

  • Lesser Lsr v. Espy
    34 F3d 1301
    Congress enacted the Animal Welfare Act, 7 U.S.C. Secs. 2131-2159, to expand the regulation of animals used in scientific research. 7 U.S.C. Sec. 2131(1). The Act authorizes the Secretary of Agricul...

  • Cramblit v. Fikse
    33 F3d 633
    Plaintiff Sharon Cramblit challenges the district court's order denying her attorneys' fees under 42 U.S.C. Sec. 1988. She claims the district court abused its discretion in holding that a "reasonabl...

  • Nicolet Instrument Corporation v. Lindquist and Vennum
    34 F3d 453
    Nicolet Instrument Corporation brought a diversity suit for legal malpractice against its former counsel, Lindquist & Vennum. The district judge granted summary judgment for the law firm on the g...

  • United States v. F Schuler
    34 F3d 457
    John F. Schuler, Jr. pleaded guilty to an information charging him with three counts of armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) & (d) and one count of the use of a firearm during...

  • United States v. Brown
    33 F3d 1002
    John Russell Brown appeals from a final judgment entered in the District Court for the Eastern District of Missouri upon a jury verdict finding him guilty of armed bank robbery in violation of 18 U.S....

  • United States v. Cockrum
    35 F3d 572
    MEMORANDUM Geno Morris Cockrum, a federal prisoner, appeals the district court's partial grant of his 28 U.S.C. Sec. 2255 motion to correct his 97-month sentence. Cockrum pled guilty to drug and fir...

  • United States v. Harper
    33 F3d 1143
    Trina Devay Harper and Aziz Sharrieff appeal their convictions for conspiracy in violation of 18 U.S.C. Sec. 371, attempted bank robbery in violation of 18 U.S.C. Sec. 2113(a), and carrying a firearm ...

  • United States v. Medina
    37 F3d 1507
    MEMORANDUM Jesus Palafox Medina appeals his 135-month sentence imposed following a guilty plea to conspiracy and possession with intent to distribute cocaine in violation of 21 U.S.C. Secs. 841(a)(1)...

  • Brooks v. Oleary
    33 F3d 56
    Billy Joe Brooks ("Brooks") is a prisoner of the state of Illinois. Brooks sued prison warden Michael O'Leary ("O'Leary"), among others, under 42 U.S.C. Sec. 1983 for cruel and unusual punishment in ...

  • United States v. Salcido
    33 F3d 1244
    This is an appeal from a jury conviction of conspiracy to launder money in violation of 18 U.S.C. Sec. 1956(a)(1)(B)(i). This is a companion case to that of Kevin Dimeck, a co-defendant tried with Sa...

  • United States v. Jones
    35 F3d 572
    MEMORANDUM Scott Wayne Jones appeals the sentence given him after he pleaded guilty to three counts of bank robbery (counts no. 5, 6, and 7 of his indictment) committed in 1992, while Jones was on su...

  • Schmitz v. Commissioner Of Internal Revenue
    34 F3d 790
    The Commissioner appeals a tax court summary judgment granted in favor of taxpayers John and Mary Schmitz. The Commissioner argues that damages the Schmitzes received in settlement of an Age Discrimi...

  • United States v. Phelps
    35 F3d 573
    Before: FLETCHER, HALL and WIGGINS, Circuit Judges MEMORANDUM Coy Ray Phelps appeals the district court's determination that he should not be released from the care and treatment of the Attorney Ge...

  • McClenny v. W Murray
    33 F3d 52
    William M. McClenny, Jr., seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. McClenny was tried and convicted of forgery, uttering, and larceny by f...

  • United States v. Valencia
    35 F3d 573
    MEMORANDUM Bernardo Valencia appeals his conviction of conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. Secs. 846 and 841. The district court reinstated the convict...

  • United States v. Aleman
    33 F3d 53
    Appellant Leonardo Aleman was charged, along with others, for conspiring to distribute marijuana and cocaine in one count of a seventeen-count indictment filed in the Middle District of North Carolina...

  • United States v. Romero Camilo
    35 F3d 573
    MEMORANDUM Martin Romero-Camilo appeals his conviction, following a jury trial, for assaulting a federal officer with a dangerous weapon in violation of 18 U.S.C. Sec. 222(a), (b), using a firearm du...

  • United States v. J McMahon
    34 F3d 1077
    Peter McMahon challenges his conviction for escape, 18 U.S.C. 751(a), on the grounds that his guilty plea was given involuntarily, his prosecution violated the Double Jeopardy Clause, and his counsel ...

  • Grantham v. Er Myers
    35 F3d 570
    MEMORANDUM Tommy Jay Grantham, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction and sentence for bu...

  • United States v. Pimentel
    34 F3d 799
    Lali Sorrentino Pimentel appeals the 23-month sentence imposed after her convictions, following a jury trial, for one count of conspiracy and eight counts of subscribing and presenting false statement...

  • United States v. Bustos Salgado
    35 F3d 572
    MEMORANDUM This case involves the consolidated appeals of Eleazar Bustos-Salgado, Vidal Chavez, Fidencio Chavez, and Augustin Zuniga. Salgado pled guilty to using or carrying a firearm during a drug...

  • United States v. Yang
    35 F3d 573
    MEMORANDUM Kuk Mo Yang appeals his conviction following a conditional guilty plea to possession of goods stolen from foreign commerce in violation of 18 U.S.C. Sec. 659. Yang contends the district c...

  • United States v. Scolari
    35 F3d 573
    MEMORANDUM Giovanni Fontes Scolari appeals his 151-month sentence imposed following a guilty plea to possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). Scolari co...

  • United States v. Brown
    35 F3d 572
    MEMORANDUM Freddie Lee Brown and Antoine Lemorre Phillips appeal their convictions for robbing a Postal Service letter carrier. 18 U.S.C. Sec. 2114. We affirm. * The district court did not unduly...

  • United States v. Bascue
    35 F3d 572
    MEMORANDUM In these consolidated appeals, Robbie Len Bascue and Ronald Bascue (the Bascues) appeal the district court's denial of their motion to dismiss a second superceding indictment charging them...

  • United States v. Jessie
    35 F3d 572
    MEMORANDUM Cynthia Ann Jessie appeals the 60-month mandatory minimum sentence required by 21 U.S.C. Sec. 841(b)(1)(B)(iii) for her distribution of 5 grams or more of cocaine base. Jessie argues that...

  • United States v. Cooper
    35 F3d 572
    Cooper argues that the misrepresentation was not material because "[p]retrial services already had the information regarding the alias and it did not in any way hinder or impede the investigation." ...

  • Aldape v. Lambert
    34 F3d 619
    Paulino C. Aldape, an inmate confined at the Iowa State Penitentiary, commenced an action against the acting warden of the institution, Paul Hedgepeth, and two correctional officers, John Lambert and ...

  • United States v. Parker
    32 F3d 395
    Timothy Paul Parker and William August Parker appeal from final judgments entered in the District Court for the Southern District of Iowa finding them guilty, upon jury verdicts, of conspiracy to dist...

  • United States v. Granger
    35 F3d 557
    Kenneth Donnell Granger appeals his conviction on one count of being a convicted felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). Granger challenges as error the district co...

  • Income Propertiesequity Trust v. Wal Mart Stores Inc
    33 F3d 987
    Income Properties/Equity Trust ("IPET") seeks damages from Wal-Mart Stores, Inc. ("Wal-Mart"), for breach of an agreement to vacate a shopping center lease and for tortious interference with IPET's n...

  • United States v. G Belin
    35 F3d 557
    Defendant Richard Belin made several telephone calls to the president of a construction company who had submitted bids to perform projects for a local housing authority; in these calls, Belin threate...

  • Littlewind v. Rayl
    33 F3d 985
    On April 5, 1988, Eugene Littlewind and three other inmates at the North Dakota State Penitentiary assaulted a prison guard. Littlewind was thereafter restrained naked for approximately seven hours i...

  • Missouri Mining Inc
    33 F3d 980
    Missouri Mining, Inc., BXB Corporation, Missouri & Iowa Railway Company, the City of Kirksville Department of Economic Development, and James R. Lenzini ("petitioners") filed a joint petition for ...

  • McCarthy v. Foltz
    35 F3d 566
    Plaintiff James McCarthy appeals from the district court's judgment for the defendants, arguing that the court erred in (1) granting judgment as a matter of law against him on his negligence claim; (...

  • Barber v. Whirlpool Corporation
    34 F3d 1268
    Whirlpool Corporation accused Frankie Barber, its employee, of stealing some painting equipment from the Columbia, South Carolina plant at which he worked. On the basis of two unsigned statements of ...

  • Karas v. American Family Insurance Company Inc Karas
    33 F3d 995
    In this diversity case, we conclude that the record does not support recovery of damages for mental anguish in claims based on an insurance agent's misrepresentations of the amount of coverage in the ...

  • United States v. Witzel
    34 F3d 1075
    Before: WALLACE, Chief Judge, REINHARDT, Circuit Judge, and TANNER, District Judge. MEMORANDUM Randy Lee Witzel was convicted of possession of stolen mail matter in violation of 18 U.S.C. Sec. 170...

  • United States v. Cox
    34 F3d 1074
    Before: WALLACE, Chief Judge, REINHARDT, Circuit Judge, and TANNER, District Judge. MEMORANDUM Cox appeals the imposition of a 275-month sentence following his guilty plea to possession with inten...

  • Johnson v. Marshall
    34 F3d 1072
    MEMORANDUM Charles Marshall and Daniel Lungren, Attorney General of the State of California, appeal the district court's decision to grant California state prisoner Dewitt Johnson's petition for a wr...

  • Hamilton v. Bj Bunnell
    34 F3d 1072
    MEMORANDUM California state prisoner Donald Russell Hamilton appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. The district court dismissed...

  • Marcham v. Herman
    34 F3d 1072
    MEMORANDUM Arizona state prisoner Mark Tanner Marcham appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. The district court determined that ...

  • McCarter v. Gunn
    34 F3d 1072
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, Senior District Judge. Petitioner-appellant Andrew Lewis McCarter, a state prisoner, appeals the district court's dismissal of his ...

  • United States v. Zarnes W L L R G J
    33 F3d 1454
    This is a consolidated direct appeal by seven defendants convicted of drug conspiracy and firearms offenses. They raise numerous challenges to their convictions and sentences. For the reasons stated...

  • Manuel Sesario Depineda v. Calvin Hemphill Den Police Dept
    34 F3d 946
    On July 11, 1994, this court entered an order denying plaintiff's petition for rehearing, 25 F.3d 1056. Upon our own motion, we amend that order as follows. Upon consideration of plaintiff's petit...

  • Exxon Shipping Co
    34 F3d 774
    Exxon Corp. and Exxon Shipping Co. ("Exxon") appeal the dismissal of their complaint against five federal administrative agencies and their employees seeking to compel discovery. Exxon made the disc...

  • Castillo v. United States
    34 F3d 443
    The defendant was convicted of extortion, and we affirmed his conviction, in the process rejecting, though with misgivings, the contention that he had not made an effective waiver of his right to be r...

  • Ostrowski v. Creative Artists Agency Inc
    34 F3d 1073
    MEMORANDUM Michael Ostrowski appeals pro se the district court's summary judgment in favor of Carolco Pictures Inc., and other defendants (collectively "Carolco") in his action under the Federal Copy...

  • Perrin v. First Interstate
    34 F3d 1073
    MEMORANDUM Heulon L. Perrin, Jr., appeals pro se the district court's dismissal under Fed.R.Civ.P. 41(b) of his action against defendants under the Equal Credit Opportunity Act, 15 U.S.C. Sec. 1691. ...

  • United States v. Mora Mora
    34 F3d 1074
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, Senior District Judge. Joel Mora-Mora, a former federal prisoner, appeals pro se the district court's order denying his 28 U.S.C. S...

  • Quintero v. United States
    33 F3d 1133
    This opinion is being published to alert trial judges, particularly in drug cases, to determine whether or not third parties are paying the fees of retained counsel when the defendant is indigent and,...

  • Tutor Saliba Perini Jv v. Laborers International Union Local
    34 F3d 1074
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, Senior District Judge. Appellant Tutor-Saliba-Perini JV appeals from the district court's order dismissing the cause without prejud...

  • United States v. Branch
    34 F3d 1074
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, Senior District Judge. Branch appeals from his conviction and sentence for possession with intent to distribute cocaine. Branch cl...

  • United States v. Abshire
    34 F3d 1074
    Before: REINHARDT and NOONAN, Circuit Judges, and TANNER, District Judge. MEMORANDUM In 1979, Robert Alton Harris was convicted of the brutal murders of two young boys. During that trial, Joseph ...

  • Morales v. A Thomas
    34 F3d 1073
    MEMORANDUM Arizona state prisoner David Orona Morales appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. The district court determined that ...

  • Rossell v. Thomas
    34 F3d 1073
    MEMORANDUM Arizona state prisoner Jose L. Admiral Rossell appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous under 28 U.S.C. Sec. 1915(d). We have jurisdict...

  • Peak v. Ducharme
    34 F3d 1073
    MEMORANDUM Washington state prisoner Brian Peak appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. In his habeas petition, Peak alleged th...

  • Smart v. Board Of Trustees Of University Of Illinois
    34 F3d 432
    The plaintiff has appealed from the denial of his motion for a preliminary injunction that would if granted have prevented the University of Illinois from funding a suit for defamation that has been b...

  • United States v. Bryan
    35 F3d 567
    Defendants-appellants appeal their convictions and sentences arising out of a cocaine conspiracy lasting from October 1991 to September 1992, raising various trial and sentencing errors. With the exc...

  • Pote v. Shillinger
    35 F3d 574
    Before LOGAN and McKAY, Circuit Judges, and MATSCH, Chief District Judge. Charles Arthur Pote appeals from the district court's denial of his petition for habeas corpus brought pursuant to 28 U.S.C....

  • Migdaleck v. United States
    35 F3d 566
    Claiming that the district court improperly defined "reasonable doubt" in its instructions to the jury with respect to accomplice testimony, Anders Migdaleck filed a motion to vacate sentence under 28...

  • Prudential Lmi v. United States Fidelity Guaranty Company
    35 F3d 566
    Plaintiff, Prudential-LMI, brought an action seeking contribution from defendant, United States Fidelity and Guaranty Company (USF & G), for the pro rata portion of fire loss payments made by Prud...

  • Pinder v. Johnson Pfc
    33 F3d 368
    Officer Donald Johnson ("Officer Johnson") appeals the decision of the district court denying his motion for summary judgment, 821 F.Supp. 376. We find no merit in Officer Johnson's assignments of er...

  • Pugh v. Board Of Criminal Justice
    35 F3d 561
    Appeal From: E.D.Tex. DISMISSED. ...

  • Brewster Of Lynchburg Incorporated v. Dial Corporation
    33 F3d 355
    In this case, we must decide whether Dial Corporation (Dial) breached its contract to purchase plastic bottles (the Contract) from Brewster of Lynchburg, Inc. (Brewster). In its complaint, Brewster ...

  • Grand Jury Proceedings Thursday Special Grand Jury September Term United States v. Under Seal
    33 F3d 342
    On June 21, 1993, the United States District Court for the District of Maryland granted the government's motion to compel the production of various documents to the grand jury investigating the billin...

  • United States v. Romero
    32 F3d 641
    In this case, defendants-appellants Freddy Romero, Gabriel Curvelo, Armando Tejedor, and Oranie Galindo Forbes appeal their convictions for possessing, while aboard a vessel subject to the jurisdictio...

  • Morrison v. Goodowens
    35 F3d 566
    Plaintiff Phillip D. Morrison appeals the District Court's grant of summary judgment in favor of defendants Fowler Goodowens and Margaret Jones in this diversity action for malicious prosecution. Pla...

  • Horton v. Commissioner Of Internal Revenue
    33 F3d 625
    Appellant Commissioner of Internal Revenue ("the Commissioner") appeals from a Tax Court decision in favor of Appellees Ernest and Mary C. Horton ("the Hortons" or "the Taxpayers") which held that the...

  • United States v. G Cooper
    35 F3d 1248
    Lee Lawless, St. Louis, MO, argued, for appellant. Suzanne Modlin, St. Louis, MO, argued (Stephen B. Higgins and Joseph M. Landolt, St. Louis, MO, on the brief), for appellee. Before WOLLMAN and L...

  • Perkovic v. Immigration and Naturalization Service
    33 F3d 615
    This matter comes before us on a petition for review of an order in which the Board of Immigration Appeals reversed an immigration judge's grant of asylum. The Board held that the petitioners were no...

  • Baxter v. Reed
    35 F3d 565
    The plaintiff, Alfred Martin Baxter, Jr., brought this civil rights action pursuant to 42 U.S.C. Sec. 1983, alleging that the defendant, John Reed, a Louisville, Kentucky, police officer, violated the...

  • United States v. Sanchez Galvez
    33 F3d 829
    Jose Sanchez-Galvez ("Sanchez") and Lozaro Rosario were each tried and convicted for conspiracy to possess cocaine with the intent to distribute and for attempted possession of two kilograms of cocain...

  • Williams v. A Godinez W
    33 F3d 56
    Before POSNER, Chief Judge, ROVNER, Circuit Judge, GILBERT, Chief District Judge. Claxton Williams appeals the district court's denial of his petition for a writ of habeas corpus. 28 U.S.C. Sec. 22...

  • United States v. R Prewitt V
    34 F3d 436
    Christina McKee, Asst. U.S. Atty. (argued), Indianapolis, IN, for the U.S. Lesa L. Johnson, Indianapolis, IN (argued), for Jack R. Prewitt. Kevin McShane (argued), McShane & Gordon, Indianapo...

  • United States v. L Cody
    33 F3d 56
    Cody was convicted of a violation of 18 U.S.C. Sec. 922(g)(1), being a felon in possession of a firearm. The firearm was seized from his truck upon the execution of a search warrant later found by th...

  • United States v. Chairez
    33 F3d 823
    Antonio Chairez was convicted for violating 18 U.S.C. Sec. 924(c), after a loaded gun was discovered under the passenger seat of a car in which Chairez had been sitting. Pursuant to a bench trial the...

  • United States v. B Cruz
    34 F3d 1074
    MEMORANDUM Joseph B. Cruz appeals his sentence under the Sentencing Guidelines imposed following his conviction for conspiracy to commit extortion under color of official right, in violation of 18 U....

  • Rl Rogers v. United States
    34 F3d 1073
    MEMORANDUM R.L. Rogers, a federal prisoner, appeals pro se the denial of his 28 U.S.C. Sec. 2255 motion to vacate his 210-month sentence imposed following his conviction for being a felon in possessi...

  • United States v. E Brawner
    32 F3d 602
    Tyrone Brawner challenges his conviction on a single count of possession with intent to distribute cocaine. Based upon United States v. Copelin, 996 F.2d 379 (D.C.Cir.1993), he argues that it was pla...

  • United States v. Lopez
    34 F3d 1074
    MEMORANDUM Cuca Lopez appeals her conviction and sentence imposed following her guilty plea to possession of heroin with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1). Lopez contends...

  • United States v. Middleton
    34 F3d 1074
    MEMORANDUM Raymond Edward Middleton appeals his sentence under the Sentencing Guidelines imposed following his conviction for unarmed bank robbery, in violation of 18 U.S.C. Sec. 2113(a). He contend...

  • United States v. Meneses Mendoza
    34 F3d 1074
    MEMORANDUM Gilberto Meneses-Mendoza appeals his conviction following the entry of a conditional guilty plea to possession with intent to distribute marijuana in violation of 21 U.S.C. Sec. 841(a)(1)....

  • United States v. Moton
    34 F3d 1074
    Before: REINHARDT and NOONAN, Circuit Judges, TANNER, District Judge. MEMORANDUM Munawar Mohammad Moton appeals his conviction following a bench trial of violation of 18 U.S.C. Sec. 1956(a)(1)(A)(...

  • United States v. Lewis
    35 F3d 567
    Donald Ray Lewis, Jr., appeals the judgment of sentence imposed following his plea of guilty to possession of firearms by a felon in violation of 18 U.S.C. Secs. 922(g) and 924(a)(2). The parties hav...

  • United States v. Garcia
    34 F3d 1074
    MEMORANDUM Henry Garcia, Jr., a federal prisoner, appeals the denial of his 28 U.S.C. Sec. 2255 motion challenging his conviction on speedy trial grounds. Pursuant to Anders v. California, 386 U.S....

  • Spivey v. Elliott
    29 F3d 1522
    After Tremain Spivey was sexually assaulted by a fellow classmate at the residential school which he attended, this case was filed against two officials of the school. Spivey appeals the district cou...

  • Fisher v. United States
    34 F3d 1072
    MEMORANDUM Robert Lee Fisher appeals the dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2255. He argues that the sentence imposed for his conviction of three counts...

  • Clemmons v. Sowders
    34 F3d 352
    Petitioner pro se, Kenneth Clemmons, filed a 28 U.S.C. Sec. 2254 petition for writ of habeas corpus on November 9, 1992. The district court, adopting the magistrate's findings of fact and conclusions...

  • Singleton v. United States
    36 F3d 1098
    Leonard Donald Singleton, a pro se federal prisoner, appeals a district court order denying his motion to vacate his sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a pa...

  • Griffin El v. K Delo
    34 F3d 602
    Milton V. Griffin-El appeals from a final judgment entered in the United States District Court for the Eastern District of Missouri dismissing his 42 U.S.C. Sec. 1983 (1988) action against defendants ...

  • Comer v. G Cisneros Us A D L
    37 F3d 775
    The plaintiffs, low-income minority individuals, brought this class action on behalf of all former, current, and future minority residents of Buffalo, New York public housing projects and applicants f...

  • United States v. L Bailey
    35 F3d 574
    David L. Bailey appeals his conviction for equity skimming. 12 U.S.C. 1709-2. Defendant contends, despite his pretrial access to the government file in this case, the district court erred by refusin...

  • United States v. V Smith
    34 F3d 1075
    MEMORANDUM Kent V. Smith appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to one count of bank fraud, in violation of 18 U.S.C. Sec. 1344. Smith contends that t...

  • United States v. Gonzalez
    33 F3d 56
    Before MANION and ROVNER, Circuit Judges, and PLUNKETT, District Judge. On February 9, 1993, Porfirio Gonzalez was convicted by a jury on a superseding indictment charging him and five co-defendants...

  • Bennett v. Deeds
    34 F3d 1071
    MEMORANDUM Daniel Bennett, a Nevada state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction for second degree murder. ...

  • Dahood v. Racicot J
    34 F3d 1071
    MEMORANDUM Nancy Dahood appeals the district court's summary judgment in favor of defendants, eight unnamed officers of the Montana Department of Justice, in her 42 U.S.C. Sec. 1983 civil rights acti...

  • Childs v. State Farm Mutual Automobile Insurance Company
    29 F3d 1018
    This action arises out of an alleged hit-and-run accident involving plaintiff, Boyce Childs. Following this alleged accident, Childs retained appellant, Bruce Waltzer, to represent him in an action s...

  • James v. Louisiana Laborers Health and Welfare Fund
    29 F3d 1029
    This case arose as an action under section 502(a)(1)(B) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. Sec. 1132(a)(1)(B) to recover benefits allegedly due under the terms of an E...

  • Redner v. S Dean A
    29 F3d 1495
    In this habeas corpus appeal, we must decide the constitutionality of a Citrus County, Florida licensing ordinance (the "Ordinance") regulating adult entertainment establishments. The district court ...

  • Brenkman v. Lewis
    34 F3d 1071
    MEMORANDUM Perry Scott Brenkman appeals the denial of his petition for a writ of habeas corpus. He argues that the district court erred in concluding that the consecutive sentences imposed upon his ...

  • United States v. Watkins J
    35 F3d 567
    Vincent Watkins and Bobby Joe Wills appeal their convictions for conspiracy to distribute cocaine. Wills raises questions related to venue, sufficiency of the evidence, and jury instructions. Watkin...

  • Parkus v. K Delo
    33 F3d 933
    Steven Parkus, a mentally disturbed man raised in state institutions since age four, killed Mark Steffenhagen by strangulation while both were incarcerated in a Missouri prison. A jury convicted Park...

  • Voth v. F Maass
    34 F3d 1075
    MEMORANDUM Frank Voth, an Oregon state prisoner, appeals pro se the district court's denial of his second 28 U.S.C. Sec. 2254 petition for habeas corpus as an abuse of the writ. Voth challenges his ...

  • Jones v. Baker
    35 F3d 566
    This is an appeal from a judgment granting habeas corpus relief under 28 U.S.C. Sec. 2254. The district court issued the writ on the ground that the petitioner's prosecution and conviction on a charg...

  • United States v. Presumido Gomez
    34 F3d 1075
    MEMORANDUM Miguel Angel Presumido-Gomez appeals the district court's order that he pay $115,000 in restitution to the United States Department of Agriculture pursuant to his guilty plea to three coun...

  • United States v. R Thompson
    34 F3d 1075
    MEMORANDUM Jayson R. Thompson appeals his sentence under the Sentencing Guidelines for violating his term of supervised release by testing positive for amphetamine/methamphetamine. Thompson contends...

  • United States v. G Quichocho
    34 F3d 1075
    MEMORANDUM Joseph G. Quichocho appeals his sentence under the Sentencing Guidelines imposed following his conviction for extortion under color of official right, in violation of 18 U.S.C. Sec. 1951. ...

  • United States v. R Baker
    35 F3d 566
    Samuel Rex Baker appeals a judgment of conviction entered on a plea of guilty to one count of conspiracy to obstruct commerce by violence in violation of 18 U.S.C. Sec. 1951, one count of possession o...

  • Reich v. Montana Sulphur and Chemical Company
    32 F3d 440
    In this appeal from a subpoena enforcement order, we revisit the boundaries limiting an administrative agency's ability to conduct preliminary investigations. * Montana Sulphur & Chemical Compan...

  • Kurinsky v. United States L D D L L M R J
    33 F3d 594
    In this Federal Tort Claims Act ("FTCA" or "Act") case, Andrew C. Kurinsky, Jr.; his wife, Donna A. Kurinsky; and Katherine A. Kurinsky, a minor, appeal the dismissal of their action against the Un...

  • United States v. M Williams
    32 F3d 570
    Defendant Myrtle M. Williams appeals her conviction on five counts of mail fraud, 18 U.S.C. Sec. 1341, challenging the sufficiency of the evidence, the credibility of witnesses, and allegedly erroneou...

  • Shaw v. Norris
    33 F3d 958
    Robert Shaw appeals from a final judgment entered in the United States District Court for the Eastern District of Arkansas denying his petition for a writ of habeas corpus. See 28 U.S.C. Sec. 2254 (1...

  • United States v. Woodrow Wilson McCoy Iii
    35 F3d 574
    The parties have agreed that this case may be submitted for decision on the briefs. See Fed. R.App. P. 34(f); 10th Cir. R. 34.1.2. The case is therefore ordered submitted without oral argument. ...

  • Brown v. C Nix
    33 F3d 951
    Crispus C. Nix, John Henry, John Emmet, Paul Hedgepath, Charles Harper, Paul Grossheim, and Hal Farrier ("prison officials") appeal the district court's denial of their motion for summary judgment on ...

  • United States v. Wellman
    33 F3d 944
    Wesley Warren Wellman appeals his convictions and sentence imposed by the District Court based on drug-trafficking and firearms offenses. We affirm. In February 1993, Addis W. Monroe, a county sher...

  • United States v. Siaw
    34 F3d 1075
    MEMORANDUM Thomas Yah Siaw appeals his conviction after a jury trial for two counts of transportation of illegal aliens, in violation of 8 U.S.C. Sec. 1324(a)(1)(B). Siaw contends the evidence is in...

  • United States v. Rawlings
    34 F3d 1075
    MEMORANDUM Robert Rawlings, Jr., appeals the denial of his pretrial motion to dismiss on double jeopardy grounds his indictment for thirteen counts of wire fraud in violation of 18 U.S.C. Sec. 1343. ...

  • Locken v. Pierce County
    34 F3d 1072
    MEMORANDUM Richard L. Locken, a federal prisoner, appeals pro se the district court's order granting the defendants' motion for summary judgment in his 42 U.S.C. Sec. 1983 action. We review de novo,...

  • Kreines v. United States
    33 F3d 1105
    Lorna Kreines appeals from an order denying her post-judgment motion for attorney's fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. Sec. 2412(d) (1988). The district court ru...

  • United States v. Hanoum
    33 F3d 1128
    Appellant John Hanoum was convicted after a jury trial of conspiring to manufacture and distribute methamphetamine, manufacturing and aiding and abetting the manufacture of methamphetamine, possession...

  • Boyd v. B Biggers
    31 F3d 279
    Mississippi State Penitentiary inmate John L. Boyd appeals the district court's dismissal with prejudice of his pro se and in forma pauperis Sec. 1983 complaint. We affirm as to two defendants based ...

  • National Cable Television Association Inc v. Federal Communications Commission
    33 F3d 66
    Various cable industry associations and local franchising authorities petition for review of the Federal Communications Commission's determination that neither a telephone company providing "video dia...

  • United States v. Alba Pagan
    33 F3d 125
    On March 22, 1993, defendant-appellant Hector De Alba Pagan pled guilty to five counts of an indictment charging him, and twenty-three other persons, with various drug-trafficking offenses. On August...

  • United States v. Pearson
    34 F3d 1074
    MEMORANDUM Daryl Pearson appeals the 64-month sentence imposed following his entry of a guilty plea to manufacturing marijuana in violation of 21 U.S.C. Sec. 841(a)(1). Pearson contends that the dis...

  • United States v. Harding
    34 F3d 1074
    MEMORANDUM Marlon Marcus Harding appeals the district court's denial of his request for a downward departure from the applicable sentencing guideline range for his violations of 18 U.S.C. Secs. 924(c...

  • Wright v. S Gunn
    34 F3d 1075
    MEMORANDUM Stanley Wright, a California prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. Following a jury trial, Wright was convicted of first degree ...

  • United States v. Echevarria
    33 F3d 175
    Defendant-appellant Salvador Echevarria appeals from a judgment of conviction entered October 19, 1993 in the United States District Court for the Southern District of New York, Leonard B. Sand, Judge...

  • Spear v. Sowders
    33 F3d 576
    Plaintiff-Appellant Tina Spear filed this 42 U.S.C. Sec. 1983 action for damages alleging that the defendants-appellees, Kentucky prison officials, violated her constitutional rights by subjecting her...

  • Green v. Lr Snider
    33 F3d 58
    MEMORANDUM Roy Allen Green, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. Sec. 2253....

  • United States v. E Prescott
    33 F3d 922
    Ronnie Prescott and Larry Bosley appeal from their convictions on amphetamine charges, 21 U.S.C. Sec. 841(a)(1) (1988), arguing that there was not sufficient evidence to convict. Prescott was convict...

  • United States v. Wesson
    33 F3d 788
    In February 1992, the government issued a twenty-seven-count indictment against twenty-two members of a large-scale heroin distribution ring. Three who went to trial were convicted and now appeal. T...

  • United States v. D Ford
    33 F3d 63
    Defendant Johnie D. Ford filed this motion in district court seeking to reduce the sentence he received upon his conviction in 1989 for possession of cocaine with intent to distribute, 21 U.S.C. 841(a...

  • Wheel v. Robinson
    34 F3d 60
    Petitioner-appellant Jane Wheel appeals from an order entered April 1, 1993 in the United States District Court for the District of Vermont, Fred I. Parker, Chief Judge, that denied Wheel's petition f...

  • United States v. Jeffery
    33 F3d 63
    The type of conduct to which this enhancement applies includes "committing, suborning, or attempting to suborn perjury." U.S.S.G. Sec. 3C1.1, comment, n. 3(b). At sentencing in this case, the tria...

  • Redondo Lemus v. United States
    33 F3d 59
    MEMORANDUM Jose Luis Redondo-Lemus, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate his sentence. Redondo-Lemus contends the sentencing cou...

  • Lewellen v. Metropolitan Government Of Nashville and Davidson County Tennessee
    34 F3d 345
    This is a civil rights case brought by a workman who was accidentally injured on a school construction project. Contending that the accident was a result of intentional or grossly negligent acts and ...

  • United States v. E Gilmore
    33 F3d 63
    Defendant Richard Gilmore, appearing pro se, appeals the district court's denial of his "Petition for Modification of Sentence." The district court denied the motion holding that it had no authority...

  • Federal Trade Commission v. Pantron I Corporation
    33 F3d 1088
    These consolidated appeals require us to decide a previously unresolved question of federal consumer protection law: Whether it is lawful for a seller to represent a product as "effective" when its e...

  • United States v. Banh
    33 F3d 60
    MEMORANDUM James Banh appeals his 60-month sentence imposed following entry of a guilty plea to two counts of possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). ...

  • Clifton v. Estelle
    33 F3d 58
    Clifton was convicted in 1976, after a jury trial. His conviction became final in 1978. In 1980, after pursuing state postconviction remedies on a number of claims, he filed a first federal habeas p...

  • Zessman v. S Sessions K
    33 F3d 61
    MEMORANDUM Eric William Zessman appeals pro se the dismissal of his civil rights action. Zessman argues that his complaint states a cause of action under 42 U.S.C. Sec. 1983 because the maintenance ...

  • Hoaglin v. R Cody
    33 F3d 62
    Petitioner Lawrence E. Hoaglin appeals the district court's denial of his petition for writ of habeas corpus, 28 U.S.C. 2254. We have jurisdiction under 28 U.S.C. 1291, and we affirm. Petitioner wa...

  • United States v. J Reese
    33 F3d 166
    For a number of years beginning in the mid-1970s, defendant and his partner owned mortgage originating and real estate companies. When the partners encountered financial difficulties their business h...

  • United States v. Duran
    33 F3d 60
    MEMORANDUM Arthur Lee Duran appeals his sentence of twenty-one months imposed after he pleaded guilty to two counts of aiding and abetting the sale of stolen motor vehicles in violation of 18 U.S.C. ...

  • United States v. Townsend
    33 F3d 1230
    The government appeals from the district court's sua sponte reduction of David Townsend's sentence for his conviction for being a felon in possession of a firearm, 18 U.S.C. Sec. 922(g), twenty-one da...

  • United States v. Thomas
    33 F3d 60
    MEMORANDUM Michael David Thomas appeals the 63-month sentence imposed following his entry of guilty pleas to two counts of armed bank robbery in violation of 18 U.S.C. Sec. 2113(a), (d). Thomas cont...

  • United States v. Boeckman
    33 F3d 60
    MEMORANDUM Robert Brian Boeckman appeals pro se the district court's denial without an evidentiary hearing of his petition for relief under 28 U.S.C. Sec. 2255. Boeckman was sentenced to 13 years in...

  • United States v. Dann
    33 F3d 60
    MEMORANDUM Clifford Dann appeals his conviction, which followed a jury trial, for assaulting or resisting a United States officer with the use of a deadly weapon in violation of 18 U.S.C. Secs. 111, ...

  • United States v. Ali
    33 F3d 60
    MEMORANDUM Mohd Shahzad Ali appeals the 48-month sentence imposed following his entry of guilty pleas to conspiracy to possess and possession with intent to distribute cocaine in violation of 21 U.S....

  • United States v. Torres
    33 F3d 60
    MEMORANDUM Napoleon Torres appeals his 120-month sentence imposed following entry of a guilty plea to possession with intent to distribute more than 100 grams of crystal methamphetamine in violation ...

  • United States v. Sanchez Valencia
    33 F3d 60
    MEMORANDUM Manuel Sanchez-Valencia appeals pro se the district court's dismissal of his petition for relief under 28 U.S.C. Sec. 2255. Sanchez-Valencia pleaded guilty in 1989 to selling 150 grams of...

  • United States v. Barragan Arellano
    33 F3d 60
    MEMORANDUM Antonio Barragan-Arellano appeals the district court's dismissal of his petition for relief under 28 U.S.C. Sec. 2255. Barragan-Arellano was sentenced to 20 years' imprisonment in Novembe...

  • United States v. Roane
    33 F3d 60
    MEMORANDUM James Garfield Roane appeals his 95-month sentence imposed following a bench trial for armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) & (d). Roane contends the district cou...

  • United States v. J Townsend
    31 F3d 262
    Defendant was convicted under I.R.C. Sec. 7201 for evasion of excise tax. The district court found a tax deficiency, affirmative acts constituting tax evasion, and that defendant acted willfully. Fo...

  • United States v. Pollard
    35 F3d 567
    On April 14, 1992, defendant-appellant Deborah Ann Pollard ("Pollard") was indicted for passing a forged Treasury check in violation of 18 U.S.C. Sec. 510(a)(2). Pollard pled not guilty at her arraig...

  • Xie v. Edwards
    35 F3d 567
    Hanwen Xie, pro se, appeals a district court order denying his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254. The case has been referred to a panel of the court pursuant to Rule 9(a)...

  • United States v. Chambers
    35 F3d 567
    Larry Marlowe Chambers appeals pro se from the district court's denial of a motion to remit a fine. His appeal has been referred to a panel of this court pursuant to Rule 9(a), Rules of the Sixth Cir...

  • United States v. D Curry
    35 F3d 567
    Defendant Franklin D. Curry appeals from the judgment and commitment order sentencing him to a term of imprisonment of sixteen months, to run consecutively to an unexpired state court term of imprison...

  • Barker v. Ratelle
    34 F3d 1071
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM Robert Barker appeals pro se the district court's denial of his pro se petition for a writ of habeas corpu...

  • United States v. Woods
    34 F3d 1075
    Before: REINHARDT and NOONAN, Circuit Judges, and TANNER, District Judge. MEMORANDUM Sheldon Woods appeals the district court's denial of his motion to dismiss his superseding indictment on the gr...

  • Payette v. Safety Kleen Corporation
    34 F3d 1073
    MEMORANDUM Daniel Payette ("Payette") appeals from the order granting summary judgment in favor of the Safety-Kleen Corporation ("Safety-Kleen"). Payette contends that the district court erred in de...

  • United States v. Cook
    34 F3d 1074
    MEMORANDUM Gregory Cook appeals his conviction for robbery of controlled substances, being a felon in possession of a firearm, carrying a firearm in the course of committing the robbery, and being an...

  • United States v. Mitchell
    31 F3d 271
    Tyron Mitchell, Byron McCutcheon, Raymond Harbert, Corey Harbert, and Derrick Briscoe (collectively "Appellants") were convicted of a conspiracy to possess crack cocaine with intent to distribute. Ap...

  • United States v. Nichols
    30 F3d 35
    Appellant, William Nichols, appeals the district court's denial of his motions to correct his sentence under 28 U.S.C. Sec. 2255 and for appointment of counsel under 18 U.S.C. Sec. 3006A(a)(2)(B). We...

  • United States v. Rosenbluth
    34 F3d 1075
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, District Judge. MEMORANDUM Paul Jay Rosenbluth (Rosenbluth) appeals the district court's denial of his motion to dismiss for prein...

  • Hollingsworth v. W Burton
    30 F3d 109
    In this habeas corpus proceeding, we are faced with a challenge to the state's exercise of peremptory jury strikes in a criminal case. The challenge is brought under Batson v. Kentucky, 476 U.S. 79, ...

  • United States v. Ej Conner
    34 F3d 1074
    E.J. Conner and Albert Lee Span appeal from their jury convictions on two counts of drug trafficking, arguing that there was insufficient evidence to support the convictions (Conner), that one of the ...

  • Meyers v. United States
    35 F3d 566
    Norman Meyers appeals a district court order denying his motion to vacate sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pursuant to Rule 9(a), Rul...

  • Gibson v. Public Advocacy Department
    35 F3d 565
    This pro se Kentucky state prisoner appeals a district court judgment dismissing his complaint filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pursuant to Ru...

  • Henry v. Pogats
    35 F3d 565
    James Henry, a pro se prisoner currently incarcerated at the Oaks Correctional Facility in Eastlake, Michigan, appeals the summary judgment in favor of the defendants in this civil rights action filed...

  • United States v. Bermea
    30 F3d 1539
    This case presents a myriad of issues common to appeals of drug conspiracy convictions. Two less common issues are difficult. One such issue concerns the failure of the district court to conduct ind...

  • United States v. S Aburahmah
    34 F3d 1074
    MEMORANDUM Sami Fayez S. Aburahmah challenges his conviction under 18 U.S.C. Sec. 1201 for kidnapping. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291, and we affirm. * Aburahmah first argues...

  • Farr v. Pinkerton
    35 F3d 565
    Walter R. Farr, proceeding pro se, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pu...

  • United States v. Jones
    34 F3d 596
    A jury in the United States District Court for the Eastern District of Missouri convicted the appellant Tillman of carjacking (the armed taking of a motor vehicle), in violation of 18 U.S.C. Secs. 211...

  • Mangieri v. W Clifton W
    29 F3d 1012
    Dallas Police Officers Walter M. Clifton and Gordon Hager appeal the district court's denial of their motion for summary judgment on the grounds of qualified immunity. The district court found that a...

  • United States v. Dyer
    51 F3d 273
    Johnny Ralph Dyer appeals his judgment of conviction entered on his plea of guilty to one count of aiding and abetting the illegal possession of a firearm by a convicted felon who has three prior conv...

  • Ensley Branch Naacp
    31 F3d 1548
    The panel hereby grants rehearing, withdraws the previous panel opinion dated May 4, 1994, and published at 20 F. 3d 1489, and substitutes the following opinion: This litigation began more than twent...

  • United States v. Yellowman
    33 F3d 61
    MEMORANDUM Defendant Yellowman was sentenced to 25 years under 28 U.S.C. Sec. 3581(b)(1) for first degree murder. We vacated this sentence and remanded for resentencing under 28 U.S.C. Sec. 1111(b),...

  • Crouch v. W Murray
    33 F3d 51
    Joseph E. Crouch appeals the district court's orders denying relief on his 28 U.S.C. Sec. 2254 (1988) petition and his motion for reconsideration. Our review of the record and the district court's op...

  • United States v. E Stewart
    33 F3d 764
    Michael E. Stewart pleaded guilty to two counts of mail fraud in violation of 18 U.S.C. Sec. 1341 and was sentenced to a twenty-one month prison term. The Government appeals from the order imposing s...

  • United States v. Tokash
    33 F3d 60
    MEMORANDUM Appellant Joseph Louis Tokash appeals his sentence under 18 U.S.C. Sec. 924(e), the Armed Career Criminal Act (ACCA). We affirm. Tokash pled guilty to violating 18 U.S.C. Sec. 922(g), p...

  • United States v. Underwood
    33 F3d 60
    MEMORANDUM Logan Dee Underwood appeals his jury conviction of use of a firearm during, and in relation to, the drug trafficking offense of possession with intent to distribute marijuana, in violation...

  • United States v. Sanchez
    32 F3d 1330
    The principal issue is whether the United States District Court for the District of Nebraska correctly denied the appellants' motion to suppress cocaine and other evidence seized from a tractor-traile...

  • United States v. Marmolejo Quiroz
    33 F3d 60
    MEMORANDUM Francisco Javier Marmolejo-Quiroz appeals his 24-month sentence imposed following his conviction for illegal reentry after deportation, in violation of 8 U.S.C. Sec. 1326. He contends tha...

  • Defazio Jr v. Delta Air Lines Inc M W
    34 F3d 1065
    We have reviewed carefully the record, the district court opinion, and the parties' briefs in this case. We summarily affirm the district court judgment essentially for the reasons stated in its memo...

  • Ricupero v. E Mancini Etc Et Al
    34 F3d 1065
    Plaintiff appeals the denial of leave to amend his civil rights complaint. We affirm. The events leading to the denial of plaintiff's motion for leave to amend are, briefly, as follows. Plaintiff'...

  • Reed v. Farley
    512 US 339
    The Interstate Agreement on Detainers (IAD), 18 U.S.C.App. § 2, is a compact among 48 States, the District of Columbia, and the Federal Government. It enables a participating State to gain custo...

  • Turner Broadcasting System Inc v. Federal Communications Commission
    512 US 622
    Justice KENNEDY delivered the opinion of the Court with respect to Parts I, II, and III-A, concluding that the appropriate standard by which to evaluate the constitutionality of the must-carry provisi...

  • Bousman v. United States Parole Commission
    33 F3d 58
    MEMORANDUM April Christine Bousman is a United States citizen, who was arrested and convicted in Mexico City for transporting approximately 2 kilograms of heroin. The Mexican authorities sentenced h...

  • United States v. F Mottram Sr
    34 F3d 1065
    Defendant-appellant Wesley Mottram pleaded guilty to a one-count indictment charging him with passing a United States Treasury check with a forged endorsement, in violation of 18 U.S.C. Sec. 510(a)(2)...

  • United States v. Palmer
    31 F3d 259
    The United States appeals Gary Palmer's sentence following his plea of guilty to one count of conspiracy to commit bank fraud in violation of 18 U.S.C. Sec. 371. Because the district court erred in c...

  • United States v. Heacock B
    31 F3d 249
    Alvin Wayne Heacock, Jr. appeals his criminal convictions for various illegal gambling related offenses. He argues eleven points of error, but most have little merit. We therefore focus our attentio...

  • Webb v. A Lewis
    33 F3d 1079
    Terry L. Webb appeals the denial by the district court of a writ of habeas corpus freeing him from imprisonment by the state of Arizona. Holding that there has been a gross denial by Arizona of a rig...

  • Armstrong v. Young
    34 F3d 421
    A jury found Ralph D. Armstrong guilty of first degree murder and first degree sexual assault, and a Wisconsin trial court sentenced Armstrong to life imprisonment plus sixteen years. The Wisconsin S...

  • United States v. Enriques
    33 F3d 55
    This is an appeal from a conviction and sentence in a cocaine distribution case. The defendant urges us to reverse her conviction because of alleged violations of the Speedy Trial Act and the Jencks ...

  • United States v. Bacus
    33 F3d 62
    Toni Leigh Bacus appeals a district court order directing her to immediately pay $55,183.46 in restitution. We vacate the restitution order and remand for further proceedings consistent with this opi...

  • McPherson v. Employees Pension Plan Of American Re Insurance Company Inc
    33 F3d 253
    Attorneys' fees may be awarded to prevailing parties in actions brought under the Employee Retirement Income Security Act of 1974 ("ERISA"). The statute, however, provides no standard for a fee award...

  • Paredes Urrestarazu v. Us Immigration and Naturalization Service
    36 F3d 801
    The opinion filed April 25, 1994, slip op. 3973, and appearing at 22 F.3d 909 (9th Cir.1994), is withdrawn. The petition for rehearing, filed May 24, 1994, is denied. Byron Paredes-Urrestarazu ("P...

  • United States v. J Rainone Alex Gio
    32 F3d 1203
    Those who in these whirling times still genuflect to tradition will be gratified to learn that the "Chicago Outfit," once led by Al Capone himself (see ITT Research Institute & Chicago Crime Commi...

  • Brown v. City Of Louisville
    33 F3d 54
    Defendant appellant, Officer Charles Bryant, appeals the denial of his summary judgment motion based on qualified immunity in this civil rights action pursuant to 42 U.S.C. Sec. 1983. The order of a ...

  • United States v. S Vlahos Us
    33 F3d 758
    In September 1992 the United States filed a petition for a rule to show cause why defendants Dean Vlahos and U.S. Sales Corporation should not be held to answer criminal contempt charges for alleged v...

  • United States v. Scisum
    32 F3d 1479
    Robert H. Copier, Salt Lake City, UT, for defendant-appellant. Wayne T. Dance, Asst. U.S. Atty. (Scott M. Matheson, Jr., U.S. Atty., Paul M. Warner, Asst. U.S. Atty. and Kevin L. Sundwall, Sp. Asst...

  • In Re Mavety Media Group Ltd
    33 F3d 1367
    Mavety Media Group Ltd. appeals the May 5, 1993 decision of the Trademark Trial and Appeal Board (Board) of the United States Patent and Trademark Office (PTO) affirming the Examiner's refusal to regi...

  • Krieg v. Kimball International Incorporated
    33 F3d 56
    The plaintiff-appellant, Charles Larry Krieg, was terminated from his employment at Kimball International ("Kimball") on September 12, 1991. Thereafter, he filed this lawsuit alleging a violation of ...

  • Seel v. Vanderveur
    34 F3d 1076
    Before LOGAN and BARRETT, Circuit Judges, and RUSSELL, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially ...

  • United States v. Jones
    28 F3d 1574
    Gregory Louis Jones appeals his convictions and sentences on one count of distributing crack cocaine in violation of 21 U.S.C. Sec. 841; one count of possessing cocaine base with intent to distribute...

  • United States v. J Marinari
    32 F3d 1209
    When does a request to poll a jury come too late? That is the issue presented in this case. Nine days were devoted to the trial of Gerard J. Marinari. The jury deliberations took sixteen hours ove...

  • Griffin v. Delo
    33 F3d 895
    Daniel J. Gralike, Clayton, MO, argued, for appellant. Appellant is currently represented by Kent E. Gipson, Kansas City, MO. Frank Jung, Asst. Atty. Gen., Jefferson City, MO, argued, for appellee...

  • United States v. Fisher
    33 F3d 56
    On Christmas Day 1991, defendant Carlos Fisher was arrested by officers of the Illinois State Police in East St. Louis, Illinois. In his possession at the time of his arrest was a can containing appr...

  • Roldan v. United States
    33 F3d 56
    Carlos Roldan appeals from the district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. Sec. 2255. As a result of a government reverse-buy sting operation, R...

  • Parente v. United States
    32 F3d 561
    In 1991, Louis Robert Parente pled guilty to armed bank robbery, and was sentenced to a prison term and ordered to pay restitution and, to the extent restitution was not paid, a fine. He did not appe...

  • Camacho Bordes v. Immigration and Naturalization Service
    33 F3d 26
    Petitioner Carlos Camacho-Bordes seeks judicial review of a final order of deportation entered by the Board of Immigration Appeals (BIA). In re Camacho-Bordes, No. Abz-zpd-tqb (B.I.A. Oct. 27, 1993) ...

  • United States v. Ross
    33 F3d 63
    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. Bills
    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...

  • United States v. I Osuorji
    32 F3d 1186
    Jacqueline Oreglia, Office of U.S. Atty., Crim. Div. (argued), Barry R. Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Chicago, IL, for plaintiff-appellee. Kenneth L. Cunniff, Chicago, ...

  • United States v. Hazelett
    32 F3d 1313
    Ricky Hazelett appeals his conviction and sentence for possessing with the intent to distribute more than 500 grams of cocaine, in violation of 21 U.S.C. Sec. 841(a)(1) and (b)(1)(B)(ii). For the rea...

  • United States v. Mullen Z
    32 F3d 891
    Defendant-appellant, Zarina Lenetta Mullen, made a timely motion to have her lawyer, who was retained by her family, replaced by a court-appointed one. For the reasons that follow, we conclude that t...

  • Bell v. Peters R
    33 F3d 18
    Heck v. Humphrey, --- U.S. ----, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), affirming on different and far-reaching grounds a decision by this court, has changed the law governing prisoners' civil rights...

  • United States v. Pryor
    32 F3d 1192
    Tyrone Pryor drove Rochelle Mallit and her children to a social security office, where she was arrested for making false statements in an effort to obtain a social security number and card. Mallit's ...

  • United States v. American Society Of Composers Authors and Publishers Karmen
    32 F3d 727
    Jingles, as most everyone knows, are a constant sound presence on radio and television. Jingle writers who are members of the American Society of Composers, Authors and Publishers (ASCAP) have tried ...

  • Oriakhi v. Bialese Us
    33 F3d 52
    Felix Oriakhi, a federal prisoner, filed a pro se complaint on October 20, 1993, requesting the return of certain property items, including bank accounts, cash, automobiles, and jewelry, that he alleg...

  • United States v. Martin
    33 F3d 53
    Kevin Martin and David Anthony Cain appeal their convictions for conspiracy to distribute crack, possession of crack with intent to distribute, and carrying or using a firearm during and in relation t...

  • Minn Dak Farmers Cooperative v. National Labor Relations Board
    32 F3d 390
    Minn-Dak Farmers Cooperative petitions for review of an NLRB order requiring it to bargain with American Federation of Grain Millers Local 405, which was formerly an independent union composed only of...

  • United States v. Davis
    30 F3d 613
    Defendant-Appellant Michael Deangelo Davis ("Davis") appeals his convictions on four counts of Interference with Commerce by Threats or Violence in violation of 18 U.S.C. Sec. 1951 ("the Hobbs Act") a...

  • United States v. L Breeding
    33 F3d 56
    Before RIPPLE and MANION, Circuit Judges, and GRANT, District Judge. On June 10, 1993, Richard L. Breeding was indicted on one count of cocaine distribution in violation of Title 21, United States C...

  • United States v. Blackwell
    34 F3d 1068
    Defendant Jerry Blackwell, alleging that his Fourth Amendment right to be free from unreasonable searches and seizures was violated, appeals the district court's denial of his motion to suppress evide...

  • United States v. Kirkland
    34 F3d 1068
    Defendant Kirkland appeals his conviction pursuant to a 21-count indictment arising from a conspiracy to obtain money from the City of Detroit Board of Education. For the reasons set forth below, we ...

  • United States v. Speer
    30 F3d 605
    Timothy J. Henry, Asst. Federal Public Defender, Ira R. Kirkendoll, Federal Public Defender, Fort Worth, TX, for Speer. Neil L. Durrance (Court-appointed), Arlington, TX, for Weeks. Paul E. Gartne...

  • Reich v. Continental Casualty Company
    33 F3d 754
    The Department of Labor appeals from the dismissal of a suit that it brought against an insurance company for monetary relief under ERISA. The trustees of a union pension fund had obtained from Conti...

  • Remmey v. Painewebber Incorporated
    32 F3d 143
    In this case, we are asked to overturn the results of a contractually-compelled arbitration. We decline to do so. Accepting the multiple attacks upon the arbitral process in this case would scuttle ...

  • Garlotte v. Fordice
    29 F3d 216
    Petitioner Harvey F. Garlotte ("Garlotte") brings a habeas corpus action pursuant to 28 U.S.C. Sec. 2254, challenging a 1985 state conviction for possession of marijuana. The district court, adopting...

  • Dolny v. A Erickson
    32 F3d 381
    Keith Richard Dolny was convicted of criminal sexual assault against his former stepdaughter, K.S., in Minnesota state court, and sentenced to 43 months in prison. He filed a direct appeal and an app...

  • In Re Sealed Case
    38 F3d 609
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented ...

  • Powell v. Gomez
    33 F3d 39
    Dennis P. Riordan, Dylan L. Schaffer, Riordan and Rosenthal, San Francisco, CA, for petitioner-appellant. Dane R. Gillette, Deputy Atty. Gen., San Francisco, for respondent-appellee. Appeal from t...

  • Employers Association Inc v. United Steelworkers Of America
    32 F3d 1297
    On behalf of itself and its members, plaintiff Employers Association challenged the validity of the Minnesota Striker Replacement Law, Minn.Stat. Sec. 179.12(9) (1993). The Striker Replacement Law de...

  • United States v. Ross
    32 F3d 1411
    The United States appeals the district court's suppression of cocaine found by airline employees during a search made pursuant to F.A.A. regulations in one of defendant's two pieces of check-in luggag...

  • Jelinek v. Roth L
    33 F3d 56
    Eric Jelinek filed this action against Thomas Roth, Kenneth L. McGinnis, and Diane Jockish under 42 U.S.C. Sec. 1983 alleging cruel and unusual punishment in violation of the Eighth Amendment to the U...

  • United States v. Mains
    33 F3d 1222
    Defendant Marvin Edward Mains appeals his convictions for possession of cocaine with intent to distribute, 21 U.S.C. Sec. 841(a)(1), (b)(1)(C), felon in possession of a firearm, 18 U.S.C. Sec. 922(g)(...

  • Haverstick Enterprises Inc v. Financial Federal Credit Inc
    32 F3d 989
    This action has asserted alleged violations of federal constitutional rights, perpetrated by private individuals and by a state officer, purportedly actionable under congressional civil rights enactme...

  • Metro North State Bank
    34 F3d 589
    E. Reed Gaskin, Jean Gaskin, and Glenn Vogelgesang appeal the District Court's summary judgments in favor of Boatmen's First National Bank of Kansas City (Boatmen's) and the Federal Deposit Insurance ...

  • United States v. Anyaehie
    34 F3d 1067
    Chokwuemeka Nwaorisa Anyaehie challenges his conviction following a jury trial for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846. He contends that the dis...

  • United States v. A Hatchett
    31 F3d 1411
    On August 5, 1992, Donna Hatchett and her daughter Felicia were indicted on charges stemming from three sales of crack cocaine made to an undercover officer inside the Hatchetts' residence at 1011 Sou...

  • Balazs v. Liebenthal
    32 F3d 151
    ARGUED: Candace Smith McCall, Anderson & Corrie, Fairfax, VA, for appellant. Stephen William Robinson, McGuire, Woods, Battle & Boothe, Washington, DC, for appellees. ON BRIEF: Scott E. Sn...

  • Fellman v. Poole
    33 F3d 58
    MEMORANDUM Petitioner Dianne Fellman was convicted of murdering her husband, Elroy Fellman. She petitioned for habeas corpus relief in district court, alleging errors of prosecutorial misconduct, in...

  • United States v. Roth
    32 F3d 437
    Robert Roth pleaded guilty to one count of conspiracy to manufacture and possess methamphetamine with intent to distribute in violation of 21 U.S.C. Secs. 841(a)(1) and 846. The plea agreement reserv...

  • United States v. Garner H
    32 F3d 1305
    Nolden Garner, Jr., appeals his conviction for being a felon in possession of a firearm, a violation of 18 U.S.C. Sec. 922(g), and the district court's enhancement of his sentence for three previous v...

  • United States v. Bender
    33 F3d 21
    Kent Andrew Bender appeals the sentence the district court imposed after Bender pleaded guilty to one count of conspiring to use unauthorized credit cards with the intent to defraud, 18 U.S.C. Sec. 37...

  • Adams v. McBride
    33 F3d 56
    Chuck W. Adams, a prisoner of Indiana, was removed from his assignment as a tutor and placed in more secure custody after the prison's Conduct Adjustment Board concluded that he had made sexual propos...

  • Graves Fleet Consumer Discount Co v. Graves
    33 F3d 242
    This is an appeal from a judgment of the district court sitting as an appellate court in bankruptcy. At issue is whether, under Pennsylvania law, a non-record interest holder in real property is enti...

  • Miller v. Indiana Department Of Corrections
    33 F3d 56
    Terry W. Miller, an inmate at the Westville Correctional Center in Indiana, brought the present action under 42 U.S.C. Sec. 1983 against various Indiana institutions and prison officials. He alleged ...

  • United States v. C Koon
    34 F3d 1416
    Stacey Koon and Laurence Powell ("appellants") appeal their jury convictions for deprivation of rights under color of state law in violation of 18 U.S.C. Sec. 242. The United States appeals Koon's an...

  • United States v. Stein
    32 F3d 561
    In September 1992, a law enforcement helicopter spotted marijuana plants growing on the property of Kurt Alan Stein in Somerset County, Maine. After a ground search revealed 172 marijuana plants grow...

  • United States v. O Akinyemi
    38 F3d 609
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented ...

  • Waldemar Link Co v. Osteonics Corporation
    32 F3d 556
    Waldemar Link (Link) appeals the decision of the United States District Court for the District of New Jersey, estopping Link from obtaining a priority date for certain claims of Application Serial No....

  • United States v. Galloway
    32 F3d 499
    Appellant George Don Galloway appeals from the district court's order dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2255. We exercise jurisdiction under 28 U.S.C. Sec...

  • United States v. Wallace
    32 F3d 1171
    A jury convicted Fred Wallace of conspiring to possess with intent to distribute both cocaine and marijuana, and he was subsequently sentenced under the Sentencing Guidelines to 168 months of incarcer...

  • Jackson v. Stillabower
    33 F3d 54
    Before: RYAN and BATCHELDER, Circuit Judges, and JOINER, Senior District Judge. Prentis M. Jackson, pro se, appeals a district court order granting the defendant's motion to dismiss this civil righ...

  • Crummey v. Starr Commonwealth
    33 F3d 54
    Plaintiffs Janet and George Crummey appeal the District Court's judgment in this personal injury action dismissing six claims and granting summary judgment for defendant on a seventh claim. Plaintiff...

  • Dike v. Immigration and Naturalization Service
    33 F3d 54
    The petitioner, Julius Dike, is an alien who contests a final order of deportation issued by the Board of Immigration Appeals. After an order to show cause was filed against him, charging that he was...

  • United States v. Hollowell
    33 F3d 55
    Donald Hollowell appeals his convictions for conspiracy to possess with the intent to distribute crack cocaine, possession with the intent to distribute crack cocaine, and use of a firearm during the ...

  • United States v. Neal
    33 F3d 60
    Before: O'SCANNLAIN, and T.G. NELSON, Circuit Judges, and MERHIGE, District Judge. MEMORANDUM Kelvin Neal (Neal) appeals his convictions for conspiracy and possession of twenty kilograms of cocain...

  • United States v. Jones
    33 F3d 60
    Before: CHOY, SKOPIL, FERGUSON, Circuit Judges MEMORANDUM Jeffrey Lynn Jones appeals his conviction following entry of a conditional guilty plea to unarmed bank robbery in violation of 18 U.S.C. Se...

  • United States v. Pena
    33 F3d 2
    Eduardo Pena appeals from a sentence imposed by Judge Amon following a plea of guilty to postal robbery with a dangerous weapon, in violation of 18 U.S.C. Sec. 2114 (1988). On appeal, Pena contends t...

  • United States v. A Gowen
    32 F3d 1466
    Kline A. Gowen was convicted after a jury trial of one count of aggravated sexual assault, in violation of 18 U.S.C. Sec. 2241(a)(1), and two counts of sexual assault, in violation of 18 U.S.C. Sec. 2...

  • United States v. D Smith
    32 F3d 1291
    Ronnell D. Smith was convicted of conspiracy to possess with intent to distribute crack cocaine and of aiding and abetting the distribution of crack cocaine. The District Court sentenced him to two 1...

  • Rl Bryant v. Scott
    28 F3d 1411
    Appellant, R. L. Bryant, was convicted of armed robbery and sentenced to life imprisonment by the state district court in Palo Pinto County, Texas. After exhausting state court remedies, Bryant petit...

  • United States v. V Gonzalez
    33 F3d 60
    MEMORANDUM Joe Gonzalez appeals his conviction of conspiracy to possess methamphetamine with intent to distribute, and possession of methamphetamine with intent to distribute, in violation of 21 U.S....

  • Harris v. Williams
    33 F3d 62
    Further, no admissible evidence was submitted identifying the individual who released Walker into the general jail population. Thus, plaintiffs made no showing that Walker was released pursuant to a ...

  • Powe v. Secretary Of The Navy
    35 F3d 556
    Howard Powe, a retired Navy Lieutenant Commander, applied to the Board for Correction of Naval Records (BCNR) requesting removal of a letter of reprimand and detachment for cause from his military per...

  • Rm Perlman Inc v. New York Coat Suit Dresses Rainwear and Allied Workers Union Local 89 22 1 Ilgwu
    33 F3d 145
    We review on this appeal a special proviso inserted in a federal statute to preserve certain union practices believed helpful in combating the blight of sweatshops in the garment industry. Sweatshops...

  • United States v. Geck
    33 F3d 63
    On July, 27, 1993, Defendant pleaded guilty to one count of manufacturing and aiding and abetting the manufacture of marijuana, 21 U.S.C. 841(a)(1); 18 U.S.C. 2, and was sentenced to four months impr...

  • Ballard Shipping Company v. Beach Shellfish
    32 F3d 623
    This appeal presents the question whether federal maritime law preempts Rhode Island legislation affording expanded state-law remedies for oil pollution damage. In an able opinion, the district court...

  • Maurer v. Department Of Corrections
    32 F3d 1286
    Corky Joe Maurer was convicted, after a 1991 Minnesota jury trial, of criminal sexual conduct of the third degree and sentenced to 48 months imprisonment. He appealed to the Minnesota Court of Appeal...

  • Carney v. Houston
    33 F3d 893
    Russell E. Carney, a Nebraska inmate, appeals from the district court's dismissal of his 42 U.S.C. Sec. 1983 action under Federal Rule of Civil Procedure 12(b)(6). We affirm. Carney brought this ac...

  • United States America v. Stokes
    35 F3d 558
    Andre Charles Stokes pled guilty to possession of a stolen United States Postal Service money order under 18 U.S.C.Sec. 500. The district court sentenced Stokes to twenty-four months imprisonment and...

  • United States v. Erving
    35 F3d 568
    Following revocation of his supervised release, appellant Ron Erving ("Erving") was sentenced to fifteen months imprisonment. Erving appeals the sentence imposed by the district court. We affirm. ...

  • United States v. L Smith
    35 F3d 557
    Following a trial by jury, appellant was convicted of driving and using a motor vehicle, not his own, without the consent of the owner and in the absence of the owner, with the intent to temporarily d...

  • Avery v. Commissioner New Hampshire Department Of Corrections
    32 F3d 561
    Clifford E. Avery, Sr., on brief pro se. Jeffrey R. Howard, Attorney General, and John A. Curran, Assistant Attorney General, on brief for appellee. D.N.H. AFFIRMED. Before Torruella, Chief Ju...

  • United States v. Banks
    35 F3d 557
    This appeal arises on appellant William Kenneth Banks' motion for relief under 28 U.S.C. Sec. 2255 (1988), claiming he received ineffective assistance of counsel at various stages throughout his defen...

  • United States v. Robinson
    33 F3d 53
    Antonio Gioia, Porter & Gioia, Baltimore, MD, for appellant David Robinson. Brian Joseph Murphy, Stanley H. Needleman Law Offices, Baltimore, MD, for appellant Alfreda Robinson. Daniel Tisdale...

  • Clark v. Lennox Industries Inc
    35 F3d 565
    Before: RYAN and BATCHELDER, Circuit Judges, and JOINER, Senior District Judge. Harold O. Clark, proceeding without benefit of counsel, appeals a district court judgment granting defendants' motion...

  • United States v. Mackins
    32 F3d 134
    A federal grand jury sitting in the Western District of North Carolina indicted Willie Mackins, appellee, for conspiracy to traffic in heroin and cocaine (Count 1), in violation of 21 U.S.C. Sec. 846;...

  • United States v. Kennedy
    32 F3d 876
    Appellants raise numerous challenges to their convictions and sentences stemming from their involvement in a drug distribution conspiracy. We find that their challenges lack merit and therefore affir...

  • Milton v. United States
    35 F3d 566
    Hubert Earl Milton, a federal prisoner, appeals a district court order denying his motion to vacate his sentence filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pu...

  • Vines v. United States
    28 F3d 1123
    This appeal arises out of the denial of Miguel Vines's Sec. 2255 motion. On this appeal we must determine whether the temporary absence of a defendant's trial counsel during the presentation of evide...

  • United States v. McAlpine
    32 F3d 484
    Defendant Johnnie Louis McAlpine pleaded guilty to eight counts of mail fraud, 18 U.S.C. Sec. 1341, and was sentenced to forty-six (46) months imprisonment, to be followed by three years of supervised...

  • Scott v. K Hall J
    35 F3d 566
    David J. Scott is a pro se Michigan prisoner who appeals a district court judgment dismissing his civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the cou...

  • United States v. Rubio Vasques
    33 F3d 60
    MEMORANDUM Oscar Rubio-Vasques (Rubio) appeals his conviction and sentence for importation of cocaine in violation of 21 U.S.C. Secs. 952(a) & 960(a)(1). We affirm. We approved the use of a de...

  • United States v. Valdez Corral
    33 F3d 60
    Before: D.W. NELSON and NOONAN, Circuit Judges, and KING,* District Judge. MEMORANDUM** Gumaro Valdez-Corral appeals his jury conviction, following this court's remand after reversal of the distri...

  • United States v. Owens
    33 F3d 53
    Phillip Antonio Owens appeals from convictions and sentences imposed after Owens was found guilty of bank robbery with a dangerous weapon and use of a firearm during a bank robbery, in violation of 18...

  • United States v. Williams
    33 F3d 53
    Appellant appeals from the district court's order denying Appellant's Motion to Vacate the denial of his request for copies at Government expense for the purpose of filing a second motion to vacate hi...

  • United States v. Mikesell
    33 F3d 60
    MEMORANDUM Gilbert Aguilar (Aguilar) appeals his conviction under 18 U.S.C. Sec. 924(1)(A) for falsifying his address when purchasing firearms and his sentence. Joseph John Mikesell (Mikesell) appea...

  • Haines v. Saginaw Police Department D W I Ii
    35 F3d 565
    Richard Haines, a pro se Michigan prisoner, appeals the district court's grant of summary judgment to defendants in his 42 U.S.C. Sec. 1983 action challenging the search of his apartment and his subse...

  • United States v. D Gwaltney
    35 F3d 574
    In this appeal, William A. Gwaltney claims error in the district court's denial of his motion for relief from prejudicial joinder, Fed.R.Crim.P. 14, and refusal to accept his alteration of a jury inst...

  • United States v. Testa
    33 F3d 747
    In these joint criminal appeals, the defendants-appellants, Camilo Testa, Rudy Martinez and Jose Paz, challenge their judgments of conviction, entered in the United States District Court for the North...

  • People Of The Territory Of Guam v. Turner
    33 F3d 59
    MEMORANDUM Daniel Turner challenges his conviction for aggravated murder. We have jurisdiction under 48 U.S.C. Sec. 1424-3(c), and we affirm. Turner argues the trail court erred in admitting witne...

  • United States v. Alpert
    28 F3d 1104
    In this appeal we discuss the proper application of the United States Sentencing Guidelines (Guidelines or USSG) Sec. 3C1.1 enhancement for obstruction of justice. We also review whether it was permi...

  • United States v. J Scarpaci
    32 F3d 561
    Appellants Guy Scarpaci and Robert Gawlowicz challenge the sentences imposed following their convictions on fraud charges. Scarpaci contends that the district court improperly enhanced his sentence f...

  • United States v. Little
    33 F3d 53
    Jonathan Dewayne Little entered a guilty plea to one count of conspiring to possess crack with intent to distribute and to distribute crack cocaine, 21 U.S.C.A. Sec. 846 (West Supp.1993), and one coun...

  • Burroughs v. Ffp Operating Partners Lp
    28 F3d 543
    FFP Operating Partners, L.P. ("FFP"), appeals the district court's denial of its motion for judgment as a matter of law ("j.m.l.") and, in the alternative, motion for new trial on intentional inflict...

  • Slatton v. Wilkinson
    35 F3d 566
    Before: JONES and BATCHELDER, Circuit Judges, and JOINER, Senior District Judge. Ronald Slatton, an Ohio state prisoner proceeding without benefit of counsel, appeals a district court judgment dism...

  • United States v. Grimmett
    35 F3d 567
    Kimble Grimmett appeals his convictions for violations of 18 U.S.C. Secs. 922(g)(1) and (3) and 924(e). Counsel for the parties have waived oral argument, and this panel unanimously agrees that oral ...

  • Sizemore v. Ca Turner
    35 F3d 568
    On January 31, 1992, Michael Sizemore, an inmate at the United States Penitentiary in Leavenworth, Kansas, was approached by a prisoner (West) who asked Sizemore if he would assist in freeing another ...

  • United States v. 4087759 In United States Currency
    32 F3d 1151
    Donna Eide (argued), Office of the U.S. Atty., Indianapolis, IN, for plaintiff-appellee. Michael Vatis, Mayer, Brown & Platt, Washington, DC, for defendant. Michael Vatis, Alan E. Untereiner (...

  • United States v. Lacour
    32 F3d 1157
    Louis Lacour pleaded guilty to conspiring to possess with the intent to distribute, and to obtain by misrepresentation, subterfuge, fraud and deception, in excess of 60,000 tablets of dilaudid in viol...

  • United States v. Hatch
    35 F3d 569
    Samuel Hatch and James Cooper appeal their convictions for possession with intent to distribute five kilograms of cocaine, a violation of 21 U.S.C. Sec. 841(a)(1), on two grounds. First, Hatch and Co...

  • United States v. Rhodes
    32 F3d 867
    Button Jack Rhodes was convicted in the United States District Court for the Western District of Virginia of several firearms and drug offenses. On appeal, Rhodes raises three issues: (1) the admiss...

  • Rhone Poulenc Rorer Inc v. Home Indemnity Company
    32 F3d 851
    Stephen J. Mathes (Argued), William R. Herman, Hoyle, Morris & Kerr, Philadelphia, PA, for appellants/petitioners Rhone-Poulenc Rorer Inc. and Armour Pharmaceutical Co. Jeffrey B. Albert, Fox, R...

  • United States v. Byse
    28 F3d 1165
    In this appeal, we decide for the first time in our circuit whether sentencing statutes that punish more severely conduct involving base or crack cocaine as opposed to powder cocaine exhibit an uncons...

  • United States v. Rosales
    33 F3d 60
    Before: POOLE and REINHARDT, Circuit Judges; TANNER, District Judge. MEMORANDUM Rosales appeals from the imposition of a 180 month sentence imposed upon his pleas of guilty to violations of 21 U....

  • United States v. R McLemore
    28 F3d 1160
    The United States challenges the district court's grant of the motion to arrest judgment of appellee Charles McLemore. Applying the rule of lenity, the district court granted McLemore's motion, holdi...

  • Exxon Corporation v. C Heinze
    32 F3d 1399
    Exxon Corporation ("Exxon") appeals an order dismissing its 42 U.S.C. Sec. 1983 lawsuit and denying its prayer to enjoin certain Alaska state court litigation over state oil and gas royalties. Exxon ...

  • Stewart v. Westside Eastside Child Care Centers Association
    35 F3d 566
    Luther Stewart, appearing pro se, appeals a district court judgment dismissing his civil rights complaint filed pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e-5, 42 U.S.C....

  • United States v. Chubbuck
    32 F3d 1458
    Defendant-Appellant Byron Shane Chubbuck ("Chubbuck") appeals from the district court's denial of his motion to suppress evidence of a methamphetamine lab that law enforcement agents seized during a s...

  • Lassiter v. Alabama A and M University Board Of Trustees
    28 F3d 1146
    Principles of qualified immunity govern this case. The controversy arises from the discharge, without a hearing, of plaintiff from state employment. In the district court, defendants, in their indiv...

  • Makemson v. R McBride
    32 F3d 570
    This is an appeal from the denial of a petition for a writ of habeas corpus. On August 14, 1984, the State of Indiana filed an information charging Daniel Makemson with one count of unlawfully carryi...

  • Government Of The Virgin Islands In The Interest Of Am A Minor Am A Minor
    34 F3d 153
    This appeal concerns an order transferring a juvenile for prosecution as an adult. We hold that such a transfer order is subject to pretrial appeal under the collateral order doctrine, and we reject ...

  • United States v. Cowden Gravel and Ready Mix Inc
    33 F3d 60
    MEMORANDUM The United States government appeals the fine imposed under the Sentencing Guidelines against Cowden Gravel & Ready-Mix, Inc. ("Cowden") after the corporation's guilty plea conviction...

  • United States v. Thompson
    32 F3d 1
    A federal grand jury returned an eleven-count indictment which charged seven defendants, not including defendant/appellant Everton Thompson, with conspiracy to distribute cocaine base from September 1...

  • Patterson v. W Duling D R S Iii
    33 F3d 52
    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 discloses that this appeal is w...

  • United States v. Patton
    33 F3d 60
    MEMORANDUM * A rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979). Even if Patton did not agree ...

  • United States v. Brown
    33 F3d 60
    MEMORANDUM Gary Wayne Brown challenges his conviction and sentence for committing extortion under pretense of office. 18 U.S.C. Sec. 872. We affirm the conviction, but vacate the sentence and reman...

  • United States v. Anaya
    32 F3d 308
    Nitza Anaya plead guilty to charges involving conspiracy to embezzle federal funds. Under Sec. 3B1.1 of the Sentencing Guidelines, her offense level was adjusted upward for her aggravating role in th...

  • Gill v. Reorganized School District R 6 Festus Missouri
    32 F3d 376
    Margaret Gill brought this race discrimination lawsuit against Reorganized School District R-6, Festus, Missouri (the school district). The district court granted summary judgment for the school dist...

  • United States v. R Jackson
    30 F3d 572
    John R. Jackson, who was convicted of manufacturing marijuana, filed two separate appeals alleging that the district court's dismissal of his indictment should have been with prejudice. We now dismis...

  • United States v. R Leal
    30 F3d 577
    Leal and Vargas are minority businessmen who made a business loan with the Small Business Administration ("SBA"); they appeal their convictions for crimes alleged to have been committed in respect to...

  • Tinsley v. Lomax
    33 F3d 59
    MEMORANDUM Russell A. Tinsley, a California state prisoner, appeals pro se following an adverse jury verdict in his 42 U.S.C. Sec. 1983 civil rights case. He contends that the district court erred (...

  • Lopez Salazar v. Immigration and Naturalization Service
    33 F3d 59
    MEMORANDUM Jose Lopez-Salazar petitions for review of a decision by the Board of Immigration Appeals denying his applications for waivers of deportation under Secs. 212(c) and 241(f)(1) of the Immigr...

  • United States v. Aispuro Aispuro
    33 F3d 59
    MEMORANDUM Appellant Luis Fernando Aispuro-Aispuro appeals the district court's refusal to depart downward from the appropriate Sentencing Guidelines range. This discretionary refusal to depart down...

  • De Oliveira Moura v. Immigration and Naturalization Service
    32 F3d 561
    Petitioner Marco Moura (Moura) seeks judicial review of a decision by the Board of Immigration Appeals (BIA) that effectively denied Moura discretionary relief from deportation under 8 U.S.C. Sec. 118...

  • United States v. Barnes
    30 F3d 575
    It is the contention of this appeal that the inability of a defendant to testify in open court before a jury necessarily renders the defendant incompetent to stand trial. We reject the contention and...

  • United States v. Bryant I
    35 F3d 568
    Defendant Bryant pleaded guilty to credit card fraud, in violation of 18 U.S.C. Sec. 1029(a)(2), and was sentenced to a combination of probation and work release. To the extent Bryant asks us to eva...

  • United States v. Coleman
    33 F3d 60
    MEMORANDUM Reginald Coleman pled guilty to conspiracy to distribute cocaine base in violation of 21 U.S.C. Secs. 846, 841(b)(1)(A). In this appeal from the district court's judgment of sentence, Col...

  • Cox v. United States
    35 F3d 565
    This is an appeal from a district court's order granting in part a motion to vacate sentence filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pursuant to Rule 9(a),...

  • Hall
    35 F3d 565
    Several pro se plaintiffs, currently inmates of the Tennessee Department of Corrections, appeal a district court order denying their request for a declaratory judgment pursuant to 28 U.S.C. Sec. 2201....

  • United States v. Hazel
    33 F3d 53
    On February 11, 1993, a federal grand jury sitting in the Eastern District of Virginia returned a three-count indictment against Bobby Hazel and Homer Richards. Count one charged Hazel and Richards w...

  • Roettgen v. Copeland
    33 F3d 36
    John David Roettgen, an Arizona state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for habeas corpus. The district court determined that Roettgen had no...

  • United States v. Lewis
    33 F3d 60
    The government initially contends that the jury instruction on entrapment was not raised by the defendant on direct appeal. We conclude, however, that Lewis did contest the issue of entrapment and ci...

  • Baker v. Stegall
    35 F3d 565
    Archie Baker, a pro se Michigan prisoner, appeals a district court judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. Sec. 2254. The case has been referred to a panel ...

  • Vanlear v. Ward
    33 F3d 63
    After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); ...

  • Love v. United States
    32 F3d 570
    Before RIPPLE and MANION, Circuit Judges and GRANT, District Judge. Ray Love appeals the district court's denial of his petition to vacate, set aside or correct his sentence pursuant to 28 U.S.C. Se...

  • El Amin v. Tirey
    35 F3d 565
    Muhammad El-Amin, a pro se Tennessee prisoner, appeals a district court judgment dismissing his civil rights action filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of the...

  • Cupit v. P Whitley
    28 F3d 532
    This is an appeal from a judgment of the district court granting a conditional writ of habeas corpus to Milton Eugene Cupit (Cupit) in a civil writ of habeas corpus proceeding. The jurisdictional bas...

  • Mahers v. Hedgepeth
    32 F3d 1273
    Deputy Warden Paul Hedgepeth appeals a district court order holding him in civil contempt for the manner in which security officers at the Iowa State Penitentiary (ISP) searched certain inmates' legal...

  • Cundiff v. Commonwealth Of Kentucky
    35 F3d 565
    Charles R. Cundiff, pro se, appeals a district court order denying his petition for a writ of habeas corpus which he filed under 28 U.S.C. Sec. 2254. The case has been referred to a panel of the cour...

  • Gifford v. State Of Ohio
    35 F3d 565
    Before: JONES and BATCHELDER, Circuit Judges, and HOOD, District Judge. Thomas P. Gifford appeals a district court order dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S...

  • Barnes v. J Odea T
    35 F3d 565
    Before: RYAN and BATCHELDER, Circuit Judges, and JOINER, Senior District Judge. This pro se Kentucky prisoner appeals a district court judgment granting summary judgment for the defendants in his p...

  • United States v. Yanez Baldenegro
    33 F3d 61
    MEMORANDUM Cruz Yanez-Baldenegro (Yanez) and Ramon Felipe Alvarado-Lopez (Alvarado) appeal their jury convictions for conspiracy, importation and possession of cocaine. We affirm. We reject Yanez'...

  • Lennie v. A Radcliffe
    33 F3d 59
    MEMORANDUM The District Director of the Immigration and Naturalization Service appeals the district court's entry of an order enjoining Lennie's deportation "until final resolution of the motion to r...

  • Sanchez Salvador v. Immigration and Naturalization Service
    33 F3d 59
    MEMORANDUM Jose Sanchez-Salvador petitions for review of a decision of the Board of Immigration Appeals finding him deportable and denying him discretionary relief from deportation. He alleges that ...

  • Crawford v. K Skinner
    35 F3d 565
    Before: JONES and BATCHELDER, Circuit Judges, and JOINER, Senior District Judge. Plaintiff appeals a district court judgment for the defendant following a bench trial in his employment discriminati...

  • United States v. Stoner
    33 F3d 60
    Before: O'SCANNLAIN AND NELSON, T.G., Circuit Judges, and Merhige, Senior District Judge. Stoner appeals from the district court's order of December 4, 1992, denying her motion to suppress evidence...

  • United States v. J Heaney
    33 F3d 60
    MEMORANDUM A. The district court did not abuse its discretion in denying Heaney's request for an evidentiary hearing. Though the affidavits submitted by the parties on the motion to suppress indicat...

  • United States v. Marroquin
    33 F3d 60
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, District Judge. MEMORANDUM Because the parties are familiar with the facts, we do not recite them here. A. Relevant Conduct to ...

  • United States v. H Charania
    35 F3d 568
    Before RIPPLE and MANION, Circuit Judges, and GRANT, District Judge. Abdulaziz H. Charania pled guilty to the unauthorized transfer of food stamp coupons in violation of 7 U.S.C. Sec. 2024(b)(1). H...

  • Schneider
    33 F3d 59
    MEMORANDUM Jack Marshall and Jaime, Scott and Jeremy Schneider (collectively the "appellants") appeal the district court's orders granting the defendants' motions for summary judgment. All of the ap...

  • United States v. A Howell T Iii
    37 F3d 1197
    George T. Howell was convicted in the district court of three counts of being a felon in possession of firearms in violation of 18 U.S.C. Sec. 922(g)(1). His wife, Shanta Howell, was convicted of mak...

  • United States v. Harper
    33 F3d 60
    Likewise, Harper's equity skimming conviction is supported by the evidence. His contention that he made no "purchase" within the meaning of the statute because he acquired the homes while their loans...

  • United States v. Powers
    33 F3d 60
    Before: O'SCANNLAIN and NELSON, T.G., Circuit Judges, and MERHIGE, Senior District Judge. Powers appeals from his conviction and sentence following jury trial. Powers was convicted of a number of ...

  • United States v. Herron
    38 F3d 115
    The government appeals an order dismissing an indictment against Ray Herron, Jr. The indictment charged Herron as a felon in possession of firearms, in violation of 18 U.S.C. Sec. 922(g)(1). We rever...

  • John D Kirk v. Ricky Estes
    35 F3d 566
    Before: JONES and BATCHELDER, Circuit Judges, and HOOD, District Judge. This pro se Tennessee prisoner appeals a district court judgment entered in favor of the defendant following a jury trial on ...

  • Stevenson v. G Borg
    33 F3d 59
    MEMORANDUM Petitioner-Appellant, Billy Bowling Stevenson, appeals the district court's dismissal of his habeas petition. Stevenson claims that the trial court committed reversible error when it erro...

  • United States v. Cardenas
    32 F3d 563
    Miguel Cardenas (Cardenas) appeals his conviction and sentence for conspiracy to distribute marijuana, 21 U.S.C.Secs. 841(a)(1) and 846. For the reasons stated herein, we affirm. * The evidence use...

  • United States v. Smith
    32 F3d 573
    MEMORANDUM Dale Noel Smith, a federal prisoner, appeals pro se the denial of his fourth motion to vacate, set aside, or correct his sentence following his conviction in 1978 for murder, aiding and ab...

  • United States v. Fisher
    32 F3d 573
    MEMORANDUM William Tecumsah Fisher appeals the five-year sentence imposed upon revocation of probation. Fisher contends that the district court abused its discretion by imposing the five-year senten...

  • United States v. J Orena
    32 F3d 704
    Defendant-appellant Victor J. Orena appeals from a judgment of conviction entered May 26, 1993 in the United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, after...

  • Austin v. Virginia Parole Board
    32 F3d 562
    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 discloses that this appeal is w...

  • United States v. Parker
    32 F3d 561
    Defendant, Robert Parker, pled guilty to all counts of a twenty-count indictment charging him with making and presenting false claims, in violation of 18 U.S.C. Sec. 287, and mail fraud, in violation ...

  • United States v. Arroyo Reyes
    32 F3d 561
    Defendant Juan Carlos Arroyo-Reyes appeals from a district court order denying him bail. For the following reasons, we affirm. On March 9, 1994, a federal grand jury returned a five count indictmen...

  • United States v. Pruitt
    32 F3d 431
    James Anthony Pruitt appeals the denial of his federal habeas corpus action pursuant to 28 U.S.C. Sec. 2255, attempting to set aside his sentence as imposed in violation of the Constitution of the Uni...

  • Davoudlarian v. Department Of Justice
    32 F3d 562
    In this action brought pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. Sec. 552, et seq., plaintiff, Dr. David K. Davoudlarian, sought to require the Federal Bureau of Investigation (FBI) ...

  • Leffall v. Dallas Independent School District B
    28 F3d 521
    Eighteen-year-old Dameon Steadham was killed by random gunfire in the parking lot of a public high school after a school dance. The principal question posed by this appeal is whether the decision of ...

  • Christopher Sequa Corporation v. Christopher
    28 F3d 512
    Charles Simpson Christopher was sued by Sequa Corporation and Chromalloy American Corporation in New York state court in early 1989. At the time the suit was filed, the plaintiffs had actual knowledg...

  • United States v. J Tocki
    32 F3d 573
    MEMORANDUM In these consolidated cases, William J. Tocki appeals his conviction, which followed a plea of guilty to being a felon in possession of a firearm in violation of 18 U.S.C. Secs. 922(g), 92...

  • United States v. Grier
    32 F3d 573
    MEMORANDUM Roger Grier appeals his conviction, which followed a jury trial, for bank fraud in violation of 18 U.S.C. Secs. 1344. Grier claims the district court erred, first, by admitting evidence o...

  • Dash v. United States
    32 F3d 572
    MEMORANDUM Gary Walter Dash appeals pro se the denial of his 28 U.S.C. Sec. 2255 motion. He contends that his sentence should be vacated because (1) the district court incorrectly advised him at the...

  • Bacon v. Gomez
    32 F3d 572
    MEMORANDUM Percy Lavae Bacon, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his sentence for robbery. Bacon co...

  • United States v. Coleman
    32 F3d 563
    Convicted by a jury following his trial on a one-count bill of indictment charging him with conspiring with one Rico Elleco Watts to possess with intent to distribute cocaine in violation of 21 U.S.C....

  • Cherry v. Wright
    32 F3d 572
    MEMORANDUM Washington state prisoner Darrell Cherry appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his convictions of attempted murder in the first ...

  • United States v. A Elenteny
    32 F3d 572
    MEMORANDUM Joseph A. Elenteny appeals his sentence of 41 months imposed after he pleaded guilty to aiding and abetting the possession of a destructive device in violation of 18 U.S.C. Sec. 2 and 26 U...

  • Tedder v. S Ylst
    32 F3d 572
    MEMORANDUM California state prisoner Cecil R. Tedder appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his convictions of second degree murder and of p...

  • United States v. H Strawder
    32 F3d 573
    MEMORANDUM Richard H. Strawder appeals pro se his 71-month sentence imposed following entry of a guilty plea to manufacturing methaqualone, in violation of 21 U.S.C. Sec. 841(a)(1); attempting to ma...

  • United States v. Kash
    32 F3d 573
    MEMORANDUM John James Kash appeals his twelve-month sentence imposed following entry of a guilty plea to failing to appear for service of a sentence, in violation of 18 U.S.C. Sec. 3146(a)(2). Purs...

  • United States v. Leggett
    32 F3d 573
    MEMORANDUM Michael Kirk Leggett appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. Leggett contends that his guilty plea was involuntary, without counsel, and without an a...

  • United States v. Herrera Elias
    32 F3d 573
    MEMORANDUM Roberto Antonio Herrera-Elias appeals his 30-month sentence imposed following entry of a guilty plea to being present in the United States after a prior deportation, in violation of 8 U.S....

  • United States v. Harper
    32 F3d 1387
    Kent Harper was convicted of mail fraud, equity skimming and conspiracy to commit mail fraud and equity skimming. See 18 U.S.C. Secs. 371 and 1341; 12 U.S.C. Sec. 1709-2; 18 U.S.C. Sec. 2. He clai...

  • United States v. J Dion
    32 F3d 1147
    Bernard Dion pled guilty to one count of misapplication of bank funds by a bank employee in violation of 18 U.S.C. Sec. 656. The district court sentenced Dion to ten months in the penitentiary. Dion...

  • United States v. Piloto
    32 F3d 573
    MEMORANDUM Leopoldo Hernandez Piloto appeals the district court's denial of his motion to reduce his sentence pursuant to the former Rule 35 of the Federal Rules of Criminal Procedure. Piloto claims...

  • United States v. M Burgos Rodriguez
    32 F3d 561
    Defendant argues that the five-year mandatory minimum sentence he received under 21 U.S.C. Sec. 841(b)(1)(B) constitutes cruel and unusual punishment and violates his asserted right to individualized ...

  • United States v. E McGill
    32 F3d 1138
    The defendant, Jarrett E. McGill, was convicted by a jury of two counts of bank robbery (the robberies occurred on August 10, 1992 and August 21, 1992) in violation of 18 U.S.C. Sec. 2113(a). Followi...

  • United States v. Sarmiento Flores
    34 F3d 1075
    MEMORANDUM Julio Sarmiento-Flores appeals his sentence of sixty months imposed after he pleaded guilty to reentering the United States following a felony conviction, in violation of 8 U.S.C. Sec. 132...

  • Calkins v. Vail
    34 F3d 1071
    MEMORANDUM Donald W. Calkins (also known as Donald W. Wilson), a Washington state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. Calkins challenges ...

  • Cash Flow Investors Incorporated v. Union Oil Company Of California A
    34 F3d 1071
    Before: TANG and WIGGINS, Circuit Judges, and HENDERSON, District Judge. MEMORANDUM Cash Flow Investors, Inc. ("Cash Flow"), the owner of a previous gas station site, sought contribution under Or...

  • United States v. Hunter
    34 F3d 1074
    MEMORANDUM Michael Edward Hunter appeals his sentence of 57 months imposed after he pleaded guilty to assault with a dangerous weapon with intent to do bodily harm in violation of 18 U.S.C. Sec. 113(...

  • Fischer v. United States
    34 F3d 1072
    MEMORANDUM After rejecting an agreement under which he would have plead guilty to a pre-Sentencing Guidelines offense with a sentence of 90 months, plaintiff-appellant Robert Fischer was convicted by...

  • Edwards v. Board Of Probation
    42 F3d 1394
    AFFIRMED. ...

  • Becker v. Internal Revenue Service
    34 F3d 398
    Plaintiffs-appellants ("the Beckers") brought this action for declaratory and injunctive relief under the Freedom of Information Act, 5 U.S.C. Sec. 552 ("FOIA"), and the Privacy Act, 5 U.S.C. Sec. 552...

  • Snell v. Makel
    33 F3d 55
    Andre D. Snell, a pro se Michigan prisoner, appeals a district court judgment denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. Additionally, he has filed a moti...

  • United States v. Ferreyros Perriggo
    34 F3d 1074
    MEMORANDUM Luis Ferreyros-Perriggo appeals his conviction after a jury trial for importing cocaine base, conspiracy to import cocaine base, and conspiracy to smuggle firearms. His claims on appeal c...

  • United States v. Gedjeyan Gedjeyan
    34 F3d 1074
    Before: REINHARDT and NOONAN, Circuit Judges, and TANNER, District Judge. MEMORANDUM On January 7, 1992, Appellant Hovannes Gedjeyan's trial on charges of bank fraud, aiding and abetting bank embe...

  • United States v. Fondren
    43 F3d 1228
    Olivia W. Karlin and Craig Wilke, Deputy Federal Public Defenders, Los Angeles, CA, for defendant-appellant. Daniel S. Goodman, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee. Appeal fr...

  • United States v. McDowell Jr
    32 F3d 561
    Billy Ray McDowell, Jr. was convicted of three counts of drug offenses. We affirmed that conviction on appeal. United States v. McDowell, 918 F.2d 1004 (1st Cir. 1990); see also United States v. ...

  • United States v. Whitson
    34 F3d 1075
    MEMORANDUM Tommie Darrell Whitson appeals the 168-month sentence imposed following his plea of guilty to bank robbery in violation of 18 U.S.C. Sec. 2113(a). Whitson contends the district court erre...

  • United States v. Sauer
    32 F3d 570
    Roy Sauer was arrested on November 29, 1993 as a result of an investigation into his drug trafficking activities. After his arrest he agreed to cooperate with authorities investigating other individu...

  • United States v. Perez Hernandez
    34 F3d 1074
    MEMORANDUM Pedro Perez-Hernandez appeals his conviction and 24-month sentence, imposed following his plea of guilty to conspiracy to possess with intent to distribute 219 pounds of marijuana in viola...

  • United States v. Jackson
    32 F3d 570
    Eric Jackson and Tony Varela were drug dealers. They met in 1988, and during that year Jackson twice bought two kilograms of cocaine from Varela for $20,000 per kilogram. Jackson found a cheaper sup...

  • United States v. Boguess
    34 F3d 1067
    Kathy Mae Boguess (Mrs. Nease) pleaded guilty to a criminal information that charged a violation of 18 U.S.C.Sec. 1001, making a false statement in a matter within the jurisdiction of a department or ...

  • United States v. Fondren
    54 F3d 533
    Olivia W. Karlin and Craig Wilke, Deputy Federal Public Defenders, Los Angeles, CA, for defendant-appellant. Daniel S. Goodman, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee. Appeal fr...

  • United States v. W White
    34 F3d 1075
    MEMORANDUM Charles White and Richard Strickland appeal their convictions for possession of unauthorized access devices; interstate transportation of stolen property; receiving, delivering, retainin...

  • United States v. Mason
    34 F3d 1067
    On August 15, 1990, a jury found Thomas Mason guilty of unlawfully possessing a firearm by a convicted felon in violation of 18 U.S.C. Sec. 922(g). The district court sentenced him to thirty-three mo...

  • Knight v. Norfolk City Jail
    34 F3d 1066
    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 discloses that this appeal is w...

  • United States v. Bustos Solano
    34 F3d 1074
    MEMORANDUM Albertino Bustos-Solano (Albertino) and Margarito Penaloza-Bustos (Margarito) appeal their respective 21- and 30-month sentences imposed following entry of their guilty pleas to distributi...

  • McCall v. K Delo
    31 F3d 750
    In 1978 a Missouri jury convicted Burdell McCall of manslaughter, first degree robbery, and armed criminal action in connection with the slaying of Marie Winchester. The Missouri Court of Appeals aff...

  • United States v. Beltran Penuelas
    34 F3d 1074
    MEMORANDUM Because the parties are familiar with the facts, we do not restate them here. We affirm Vidal's marijuana possession and conspiracy convictions. We also affirm Arturo's conspiracy and po...

  • United States v. Andrew
    34 F3d 1074
    MEMORANDUM Judy Andrew appeals her sentence of ten months imprisonment and three years supervised release, imposed following the entry of a guilty plea to theft and receipt of stolen mail matter in v...

  • Wilkerson v. P Whitley P
    28 F3d 498
    Robert Wilkerson was convicted of second-degree murder and sentenced to life imprisonment in 1975. Prior to the conviction's becoming final, the United States Supreme Court declared Louisiana's jury ...

  • United States v. J Jackson
    32 F3d 1101
    Kelly J. Jackson challenges his sentence for bank fraud on the ground that the district court failed to give any notice of its intent to impose a two-level enhancement for abuse of a position of trust...

  • United States v. Farmer
    32 F3d 369
    James Fremont Farmer, Sr., appeals his conviction and 180-month sentence for assault with a dangerous weapon, aggravated sexual abuse and kidnapping in violation of 18 U.S.C. Secs. 113(c), 1153, 2241(...

  • Pacific Insurance Company v. General Development Corp F F P P T I W J Od R L T A A O Iii H M G A
    28 F3d 1093
    Pacific Insurance Co. appeals from an interlocutory order directing the company to pay the defense costs of four directors and officers of General Development Corp. (GDC). We dismiss the appeal as m...

  • United States v. Bush A M
    28 F3d 1084
    These appeals arise out of a cocaine distribution conspiracy. Six defendants were found guilty by a jury of conspiracy to possess with intent to distribute cocaine; one of those defendants--Roberto ...

  • Hing Tin Ngai v. Immigration and Naturalization Service
    34 F3d 1073
    MEMORANDUM Hing-Tin Ngai, a native and citizen of Hong Kong, petitions for review of the decision of the Board of Immigration Appeals which denied his petition to reopen deportation proceedings after...

  • People Of Territory Of Guam v. Mikel
    34 F3d 1073
    Before: NORRIS, THOMPSON, and TROTT, Circuit Judges MEMORANDUM Defendant Lee Adam Mikel was convicted in 1992 of Aggravated Murder, 9 Guam Code Ann. ("G.C.A.") Sec. 16.30(a)(2) (1987), First Degre...

  • United States v. Omeara
    33 F3d 20
    Timothy John O'Meara appeals the district court's judgment revoking his supervised release and imposing a 33-month prison term. We vacate the judgment and remand with instructions. At O'Meara's rev...

  • United States v. Gilliam
    34 F3d 1067
    Roy Gilliam appeals from the district court's finding that no actual conflict of interest existed based on trial counsel's representation of Gilliam and his father during consideration of a plea offer...

  • United States v. Sanders
    32 F3d 299
    Jesse Sanders was convicted by jury of conspiracy to possess over 500 grams of cocaine, in violation of 21 U.S.C. Secs. 846 and 841(a)(1), possession with intent to distribute 900 grams of cocaine, in...

  • Chivars v. G Borg
    34 F3d 1071
    MEMORANDUM John Chivars, a California state prisoner, appeals pro se the district court's denial of his petition for writ of habeas corpus. Chivars is serving a sentence of 25 years to life for firs...

  • United States v. Preston
    28 F3d 1098
    Appellant Ross James Preston pled guilty to seven counts of armed bank robbery. Counts one through five occurred after November 1, 1987, and were subject to the United States Sentencing Guidelines (G...

  • United States v. G Johnson
    32 F3d 304
    Ben Johnson was charged with possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). After a one-day jury trial, he was convicted on this single count. He now appeals,...

  • United States v. L Wellons
    32 F3d 117
    Appellant Sherman L. Wellons, Jr., was arrested following the discovery of drugs in a rental car which he was driving but for which he was not listed as an authorized driver. He was subsequently trie...

  • United States v. W Beuttenmuller R
    29 F3d 973
    Rudolph W. Beuttenmuller and Larry R. Gill appeal criminal convictions arising out of their involvement in a complex real estate sales transaction involving the now-failed Shamrock Federal Savings Ban...

  • Delgado v. Jb Bogan
    33 F3d 54
    This pro se federal prisoner appeals a district court judgment dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2241. Additionally, Delgado requests the appointmen...

  • Piper v. Alaska Airlines Inc
    34 F3d 1073
    MEMORANDUM Piper appeals the district court's grant of summary judgment for Alaska Airlines on his claims of race discrimination and various state law tort claims. We have jurisdiction under 28 U.S....

  • Ub Sudan v. Heller P R
    33 F3d 55
    Prince U.B. Sudan appeals a grant of summary judgment for defendants in this civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pursuant to Rule 9...

  • Moore v. Bj Bunnell
    34 F3d 1072
    MEMORANDUM Donnell Moore appeals pro se the district court's denial of his petition for writ of habeas corpus. Moore claims his convictions of first degree murder and attempted murder should be reve...

  • United States v. Fondren
    32 F3d 429
    Olivia W. Karlin and Craig Wilke, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant. Daniel S. Goodman, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee. Appeal fro...

  • Toney v. United States
    34 F3d 1073
    MEMORANDUM Marlondo Ansara Toney, a federal prisoner, appeals pro se the denial of his second 28 U.S.C. Sec. 2255 motion. He contends that the district court erred by finding his motion procedurally...

  • United States v. Aguilar Higuerra
    34 F3d 1074
    MEMORANDUM Audor Aguilar-Higuerra appeals his sentence of seventy months imposed after he pleaded guilty to reentering the United States following a felony conviction, in violation of 8 U.S.C. Sec. 1...

  • United States v. A Clapp
    34 F3d 1074
    MEMORANDUM Robert A. Clapp appeals his 27-month sentence imposed following entry of a guilty plea to conspiracy to smuggle steroids into the United States, in violation of 18 U.S.C. Secs. 371, 545, a...

  • Merrifield v. J Arave
    34 F3d 1072
    MEMORANDUM John D. Merrifield, an Idaho state prisoner, appeals pro se the denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his first degree murder conviction. Merrifield contend...

  • Rivera Sanchez v. Crist
    34 F3d 1073
    MEMORANDUM Jose Albert Rivera-Sanchez, an Arizona state prisoner, appeals pro se the district court's denial of his 42 U.S.C. Sec. 2254 habeas corpus petition challenging his convictions for aggravat...

  • United States v. Castro
    34 F3d 1074
    MEMORANDUM Roberto Nicolas Castro appeals his sentence imposed following remand from this court. We have jurisdiction under 28 U.S.C. Sec. 1291, and we affirm. Castro was convicted for conspiracy ...

  • Gonzalez v. United States
    33 F3d 1047
    Federal prisoner Miguel Angel Gonzalez appeals the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate or modify his 168-month sentence, which was imposed after his guilty pleas to one...

  • United States v. Rochelle
    34 F3d 1075
    MEMORANDUM Arthur Rex Rochelle appeals his 27-month sentence, imposed following entry of guilty pleas to wire fraud in violation of 18 U.S.C. Sec. 1343, manufacturing armor-piercing ammunition in vio...

  • United States v. Lewis
    34 F3d 1074
    MEMORANDUM Louis James Lewis appeals his conviction and 210-month sentence imposed following a jury trial for possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). ...

  • United States v. Gilbeaux
    34 F3d 1074
    MEMORANDUM Kevin Charles Gilbeaux appeals his conviction following entry of an unconditional guilty plea to armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) and (d). Gilbeaux contends the p...

  • United States v. Camps
    32 F3d 102
    A jury convicted Darryl Pernell Camps of conspiring to possess with intent to distribute and to distribute cocaine base, in violation of 21 U.S.C. Sec. 846; of using fire and an explosive in committi...

  • Av Costantini v. Medical Board Of California E P
    34 F3d 1071
    MEMORANDUM Antonio V. Costantini appeals pro se the district court's dismissal of his amended complaint under Federal Rule of Civil Procedure 12(b)(6). We affirm. Costantini was the principal offi...

  • United States v. Tolliver
    33 F3d 55
    Before: MARTIN and SUHRHEINRICH, Circuit Judges, and JORDAN, District Judge. Lonnie Arnez Tolliver appeals his convictions and sentence for conspiracy to distribute cocaine base and possession of c...

  • Thomas v. O Gunter
    32 F3d 1258
    Ralph Thomas brought this Sec. 1983 action against officials of the Omaha Correctional Center ("the OCC") and the Nebraska Department of Correctional Services for alleged violations of his First and F...

  • Salvatore Petruzzelli v. Pacific Rail Service
    32 F3d 820
    Appellees/cross-appellants are 23 of 28 former yard and clerical employees of Pennsylvania Truck Lines, Inc. ("PTL") who asserted that appellant/cross-appellee Pacific Rail Services ("Pacific Rail") ...

  • United States v. J Silkowski
    32 F3d 682
    This appeal raises the issue of whether a district court may consider criminal conduct outside the applicable statute of limitations when determining the appropriate sentence of incarceration and rest...

  • Crawford v. Pritchard
    33 F3d 54
    Before: GUY and BOGGS, Circuit Judges, and CLELAND, District Judge. David Crawford, a pro se Ohio prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant to...

  • United States v. Fermin
    32 F3d 674
    Defendants Freddy Fermin ("Freddy"), Juan Fermin ("Juan"), and Hector Fermin ("Hector") appeal from judgments of conviction and sentences on various narcotics and firearm offenses entered by the Unite...

  • Entertainment Inc v. City Of Dallas Texas
    28 F3d 492
    In this case we must decide whether the restrictions imposed by the defendant/appellant, the City of Dallas ("the City"), on the advertising of "Class D Dance Halls" are consistent with the First and ...

  • United States v. A Theurer
    36 F3d 1099
    On May 22, 1992, Sharon A. Theurer was arraigned on charges of theft of government money in violation of 18 U.S.C. Sec. 641 (Count 1 of the indictment), and making false statements to a government age...

  • United States v. S Robinson
    36 F3d 1099
    After a jury trial, Gregory Robinson was convicted of possession with intent to distribute a total of 2.7 grams of crack (cocaine) in violation of 21 U.S.C. Sec. 841(a)(1). Robinson was sentenced to ...

  • United States v. Reyes
    34 F3d 1075
    Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges; MERHIGE, District Judge. MEMORANDUM * Reyes asserts that the various references to his "prior legal problems" constituted improper admission o...

  • United States v. Jackson
    36 F3d 1099
    Albert Jackson ("Jackson") was convicted of conspiracy to distribute cocaine in violation of 21 U.S.C. Secs. 846 and 841(a)(1) (count I) and distribution of cocaine and aiding and abetting in violatio...

  • United States v. Burton
    33 F3d 55
    The defendant, Donald Wayne Burton, pleaded guilty to a charge of conspiracy to distribute cocaine hydrochloride and was sentenced to 70 months in prison, followed by a five-year term of supervised re...

  • United States v. A Dothard
    33 F3d 56
    On the evening of November 17, 1992, Felicia Dothard was seated on the living room couch at a friend's residence when the Emergency Services Team of the Fort Wayne Police Department executed a search ...

  • Matylinsky v. Angelone
    33 F3d 59
    MEMORANDUM Frank Matylinsky, Jr., a Nevada state prisoner, appeals pro se the district court's summary judgment for the defendants in his 42 U.S.C. Sec. 1983 action. Matylinsky contends that: (1) t...

  • Longsworth v. Immigration and Naturalization Service
    33 F3d 59
    Before: WALLACE, Chief Judge and REINHARDT, Circuit Judges, and TANNER, District Judge. MEMORANDUM Charles Christopher Longsworth, a native and citizen of Honduras, was served with an Order to Sho...

  • United States v. Medina
    32 F3d 40
    On appeal, Medina argues that his conviction on Count One must be reversed because (a) the evidence is insufficient to establish either that Medina conspired with Lopez before he became a government i...

  • Hendricks v. Commissioner Internal Revenue Service
    32 F3d 94
    ARGUED: Michael Edwin Caryl, Bowles, Rice, McDavid, Graff & Love, Martinsburg, WV, for appellants. William J. Patton, Tax Div., U.S. Dept. of Justice, Washington, DC, for appellee. ON BRIEF: D...

  • United States v. Whitfield
    31 F3d 747
    Odell Whitfield appeals his conviction and his sentence for mailing threatening letters to a magistrate judge in violation of 18 U.S.C. Sec. 876 (1988). We affirm. In March 1986, Whitfield made a p...

  • United States v. Arevalo
    33 F3d 60
    MEMORANDUM 1. Quoting from United States v. Stewart, 779 F.2d 538 (9th Cir.1985), Instruction 13 informed the jury it could convict Arevalo if "the firearm facilitated or had a role in the crime, su...

  • United States v. Starkes
    32 F3d 100
    Appellant William Edward Starkes was convicted under 26 U.S.C. Sec. 5861(d) of one count of possession of an unregistered firearm, specifically, a sawed-off shotgun, in the United States District Cour...

  • Kuntz v. Wilson
    33 F3d 59
    MEMORANDUM Jesse Wayne Kuntz, appeals pro se, the district court's sua sponte dismissal of his action prior to service of process. Kuntz's complaint, brought pursuant to 42 U.S.C. Sec. 1983, alleged...

  • Thompson v. Hatcher
    33 F3d 59
    MEMORANDUM Calvin Deandre Thompson challenges on ten grounds his conviction for first degree murder with a deadly weapon and attempted murder with a deadly weapon. We affirm the district court's den...

  • Queen v. Duncan
    33 F3d 59
    MEMORANDUM John Joseph Queen, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction for attempted second...

  • United States v. Valdez Soto
    31 F3d 1467
    There may be no loyalty among thieves, but there sometimes is among drug dealers. When called by the government, such witnesses occasionally change their story. The principal issue raised in these c...

  • Thurman v. G Borg
    33 F3d 59
    MEMORANDUM A jury convicted James Michael Thurman of first degree murder, use of a deadly weapon, grand theft person, and felony dissuasion of a witness. Thurman appealed to the California Court of ...

  • Wolfe v. A Farley
    33 F3d 56
    Jeffery Wolfe filed a petition pursuant to 28 U.S.C. Sec. 2254 seeking habeas corpus relief from his state conviction of attempted rape and robbery. Wolfe originally was sentenced to a thirty-year te...

  • Conner v. United States
    34 F3d 1068
    Before: GUY and BOGGS, Circuit Judges, and CLELAND, District Judge. Earnest Conner appeals pro se from a district court judgment denying a motion to vacate his sentence that was filed under 28 U.S....

  • United States v. Mayo
    34 F3d 1068
    Defendant Carlton Mayo appeals his conviction based on a jury verdict for possession with intent to distribute cocaine base, in violation of 21 U.S.C. Sec. 841(a)(1), and aiding and abetting thereof, ...

  • Jacoway v. United States
    34 F3d 1068
    This is an appeal from an order dismissing a motion to vacate sentence filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Ci...

  • United States v. Mills
    34 F3d 1068
    Defendant Ronnie Saunders Mills appeals the sentence imposed upon resentencing after a guilty plea to aggravated burglary of a pharmacy, in violation of Title 18 U.S.C. Secs. 2118(b), 2118(c)(1) and (...

  • United States v. Alley
    34 F3d 1068
    William Edward Alley appeals his jury convictions of conspiracy to commit armed bank robbery and armed bank robbery, in violation of 18 U.S.C. Secs. 2, 371 and 2113. He is now serving an aggregate te...

  • Umana v. Department Of Justice
    34 F3d 1068
    Before: GUY and BOGGS, Circuit Judges, and CLELAND, District Judge. Klenny Delourdes Umana appeals pro se from a district court judgment that dismissed her petition for a writ of habeas corpus and ...

  • Berryman v. Kinsey
    34 F3d 1068
    Philip W. Berryman appeals a grant of summary judgment for defendants in this civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pursuant to Rule ...

  • Marsh v. Odell
    34 F3d 1068
    Aaron Marsh, a pro se Tennessee resident, appeals a district court judgment dismissing his employment discrimination suit filed pursuant to Title VII of the 1964 Civil Rights Act. 42 U.S.C. Sec. 2000...

  • Cooper v. United States
    34 F3d 1068
    Larry Cooper appeals a district court judgment dismissing his motion construed as one to vacate sentence filed under 28 U.S.C. Sec. 2255. These cases have been referred to a panel of the court pursua...

  • United States v. Jones
    31 F3d 1304
    ARGUED: Marilyn Gerk Ozer, Winston & Massengale, Chapel Hill, NC, for appellant. Robert Holt Edmunds, Jr., U.S. Atty., Greensboro, NC, for appellee. ON BRIEF: Barry T. Winston, Winston & M...

  • Jackson v. City Of Cookeville
    31 F3d 1354
    Plaintiff-Appellee Henry Paul Jackson filed this age discrimination claim against the City of Cookeville and its City Manager, alleging that Jackson was forced to retire from his job as assistant poli...

  • United States v. Holbrook
    34 F3d 1068
    Defendants Holbrook and Stallings were convicted of various drug-trafficking offenses in violation of 21 U.S.C. Sec. 841(a)(1) and Sec. 846, and 18 U.S.C. Sec. 2. On appeal, each defendant raises thr...

  • United States v. M Palomba
    31 F3d 1456
    On October 22, 1990, Appellant Joseph Palomba (Palomba) was convicted of mail fraud, wire fraud and making false statements to a federal agency, in violation of 18 U.S.C. Secs. 1341, 1343 and 1001. H...

  • Commonwealth Of Northern Mariana Islands v. T Condino
    33 F3d 58
    Before: FARRIS, BEEZER and RYMER, Circuit Judges MEMORANDUM Appellant Antonio Condino appeals the decision of the CNMI Supreme Court affirming his conviction for sexual abuse of a child under Title...

  • McDonald v. Resor
    34 F3d 1068
    Before: GUY and BOGGS, Circuit Judges, and CLELAND, District Judge. Hubert Hayes McDonald, a pro se Kentucky prisoner, appeals a district court order dismissing his civil rights action filed pursua...

  • Stewart v. C Nix
    31 F3d 741
    Ronald Lee Stewart appeals from the district court's order denying his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254. Stewart argues that the district court erred in denying his requ...

  • Gamma 10 Plastics Inc v. American President Lines Ltd
    32 F3d 1244
    A jury in this maritime case rendered a verdict in favor of the shipper and against the carrier for failure to deliver goods and for damages to other goods caused by negligence of the carrier. In pos...

  • Moran Arrue v. Immigration and Naturalization Service
    33 F3d 59
    MEMORANDUM Zoila Maribel Moran-Arrue, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals' ("BIA") dismissal of her appeal from the immigration judge'...

  • Rosendo Ramirez v. Immigration and Naturalization Service
    32 F3d 1085
    Chicago resident Martin Rosendo-Ramirez, a legal permanent resident of the United States since 1983, was apprehended on April 12, 1989 at the airport in El Paso, Texas, about ten miles inside the Unit...

  • Reid v. Department Of Air Force
    34 F3d 1079
    Deborah Reid appeals the decision of the Merit Systems Protection Board (MSPB), No. DA-0752-93-0285-B-1 (Feb. 14, 1994), affirming her removal from the service. This court vacates and remands. Ms. ...

  • Hines v. A Wilkinson
    34 F3d 1068
    Paul L. Hines, a pro se Ohio prisoner, appeals a district court judgment granting summary judgment for the defendants in his civil rights action filed under 42 U.S.C. Sec. 1983. The case has been ref...

  • United States v. Brown
    29 F3d 953
    Appellants Julio Castro, Brenda Brown Thurman and Calvin Brown appeal their convictions on drug trafficking charges. Castro also appeals his sentence. The government appeals the sentences imposed ag...

  • United States v. Solomon
    29 F3d 961
    Defendant-Appellant David James Solomon was convicted of four counts of possession with intent to distribute crack cocaine, two counts of using a gun in relation to drug trafficking, and two counts of...

  • Roberts v. K Singletary
    29 F3d 1474
    Rickey Bernard Roberts ("Roberts"), a Florida prison inmate convicted in 1985 of first-degree murder, armed sexual battery, and armed kidnapping, appeals the district court's judgment denying his peti...

  • United States v. Shaw
    30 F3d 26
    Patricia A. Shaw pleaded guilty in 1988 to manufacture of methamphetamine, conspiracy to manufacture and possess with intent to distribute methamphetamine, and unlawful possession of a machine gun. B...

  • United States v. A Abreo
    30 F3d 29
    Appellant, Dario Abreo, pled guilty to money laundering in violation of 18 U.S.C. Sec. 1956(a)(1)(A). He contends that 1) the district court did not comply with Rule 11(d); 2) his plea was not volun...

  • United States v. A Elsberg
    33 F3d 60
    MEMORANDUM David Elsberg appeals his conviction following a jury trial for conspiracy to distribute marijuana, in violation of 21 U.S.C. Sec. 846; distribution of marijuana, in violation of 21 U.S.C...

  • Cubic Corporation v. Insurance Company Of North America
    33 F3d 34
    Cubic Corporation (Cubic) brought suit against the Insurance Company of North America, Continental Insurance Company, United States Fidelity & Guaranty Company, and Hartford Insurance Company (the...

  • United States v. Knowles
    29 F3d 947
    Fort Worth police officers arrested Rodney Eugene Knowles on the campus of Eastern Hills High School on April 15, 1992. Knowles, who had previously been convicted of a felony, was carrying a fully lo...

  • United States v. Howell
    31 F3d 740
    Ronald Harvey Howell appeals his conviction for growing marijuana with intent to distribute and for maintaining a place for the purpose of growing marijuana in violation of 21 U.S.C. Secs. 841(a)(1) a...

  • United States v. Kennedy
    33 F3d 56
    Before EASTERBROOK and ROVNER, Circuit Judges, and REINHARD, District Judge. On September 16, 1992, a federal grand jury in Indianapolis indicted Craig Kennedy, charging him with conspiracy to posse...

  • United States v. Haines
    32 F3d 290
    Ana Laura Haines and her husband operated an "elder care home" in their residence. During the time at issue here Haines used the name Diane Miles. In the fall of 1989, Haines and her husband moved f...

  • United States v. Matthews
    32 F3d 294
    On August 10, 1993, a grand jury returned a five-count indictment against Roosevelt Matthews. Mr. Matthews was charged on the following counts: (Count 1) knowingly transferring a modified rifle in v...

  • United States v. R Dowell
    33 F3d 53
    Derrick R. Dowell pled guilty to possession of crack cocaine with intent to distribute, 21 U.S.C.A. Sec. 841 (West 1981 & Supp.1994), and was sentenced as a career offender to a term of 300 months...

  • United States v. United States
    33 F3d 53
    Appellants were convicted of various charges arising out of a cocaine trafficking conspiracy. They now allege several trial and sentencing errors on the part of the district court. Because we find n...

  • United States v. Anjum
    33 F3d 53
    Appellants in this case challenge their convictions for conspiracy to import and distribute heroin in violation of 21 U.S.C. Secs. 846 and 963. Appellants' primary contention is that the government f...

  • United States v. Mittelstaedt
    31 F3d 1208
    Defendant John Johnsen served as the consulting engineer for two Long Island communities, and abused his influence with local government on zoning and planning matters by engaging in real estate proje...

  • Anderson Iii v. Humana Inc
    34 F3d 1076
    Before LOGAN and BARRETT, Circuit Judges, and RUSSELL, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially ...

  • United States v. Peter M Cumming
    30 F3d 126
    Peter M. Cumming, a federal prisoner, appeals his conviction and sentence following a guilty plea to eight counts of unlawful importation into the United States of the controlled substances diazepam a...

  • Rowland v. J Tansy
    34 F3d 1076
    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. Davis
    30 F3d 108
    We previously affirmed appellant Davis's conviction on charges of violating the Hobbs Act, 18 U.S.C. Sec. 1951, and reversed and remanded on a sentencing matter. 967 F.2d 516 (11th Cir.1992). Davis ...

  • United States v. Hobbs
    31 F3d 918
    Arthur Hobbs appeals his conviction based on a conditional guilty plea for possession with intent to distribute a controlled substance in violation of 21 U.S.C. Sec. 841(a)(1). Hobbs contends that th...

  • United States v. J Willenberg
    34 F3d 1075
    MEMORANDUM Michael J. Willenberg appeals pro se the district court's summary judgment for the United States in the government's action for declaratory and injunctive relief. In its action, the gover...

  • United States v. Johnson
    29 F3d 940
    In this appeal, we are first required to determine whether delays in bringing the defendant to trial constitute a violation of the Speedy Trial Act, 18 U.S.C. Secs. 3161-3174 (1985 & Supp.1994). ...

  • United States Of America v. Young
    32 F3d 563
    Margaret Ann Young pled guilty to misprision of a felony, 18 U.S.C.A. Sec. 4 (West 1969), pursuant to a criminal information which specified that the felony was money laundering, and that she had conc...

  • Dawan v. Al Lockhart
    31 F3d 718
    This is Muhammed Dawan's second appeal to this Court following denial of his petition for habeas corpus. In 1989, Dawan was convicted in an Arkansas state court and sentenced as a habitual offender t...

  • Downs v. Vail
    34 F3d 1072
    MEMORANDUM Elizabeth Diane Downs, an Oregon state prisoner, appeals pro se the district court's order denying her motion for summary judgment and granting defendants' motion to dismiss for failure to...

  • United States v. Lendt
    39 F3d 1185
    Jeffrey Lendt pleaded guilty to conspiracy to distribute and possession with intent to distribute LSD. 21 U.S.C. Sec. 846. The plea was pursuant to an agreement with the United States Attorney's Off...

  • United States v. Koen
    31 F3d 722
    A grand jury indicted John Thomas Koen on one count of conspiracy to distribute and/or possess with intent to distribute cocaine and one count of money laundering. His first trial ended in a mistrial...

  • Eisen Moneymaker v. J
    31 F3d 1447
    In this appeal, we must decide whether the bankruptcy court properly dismissed this case for failure to prosecute under Fed.R.Civ.P. 41(b). We have jurisdiction under 28 U.S.C. Sec. 1293(a). Because...

  • United States v. Premachandra
    32 F3d 346
    Yoganand Premachandra pleaded guilty to armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) and (d). The district court accepted his plea and sentenced him to fifty-one months' imprisonment. P...

  • Daugherty v. Campbell
    33 F3d 554
    Plaintiff-Appellant ("Plaintiff") appeals a jury verdict finding the Defendants-Appellees ("Defendants") did not violate the Fourth Amendment rights of decedent Lenora Daugherty ("Daugherty"). For th...

  • United States Of America v. Evans
    32 F3d 563
    John Ray Evans pled guilty to distributing crack cocaine in violation of 21 U.S.C. Sec. 841(a)(1) (1988). The district court sentenced Evans to a term of ninety months imprisonment and five years of ...

  • Dehainaut v. Pena
    32 F3d 1066
    A group of former air traffic controllers who had been fired for their participation in a 1981 strike against the federal government filed a class action suit against the United States Department of T...

  • United States v. R Patel R
    32 F3d 340
    Patel appeals his convictions on one count of giving a gratuity to a government official and one count of interstate travel to carry on or facilitate an unlawful activity in violation of 18 U.S.C. Sec...

  • Valenzuela Castro v. Immigration and Naturalization Service
    33 F3d 61
    MEMORANDUM Mario Valenzuela-Castro ("Castro") petitions for review of an order of the Board of Immigration Appeals (the "Board") denying his application for a waiver of deportation pursuant to sectio...

  • Dell v. Board Of Education Township High School District
    32 F3d 1053
    This is an action for reimbursement and attorneys' fees brought under the Education of the Handicapped Act ("EHA"), 20 U.S.C. Sec. 1400 et seq., now entitled the Individuals with Disabilities Educatio...

  • Del Raine v. Williford
    32 F3d 1024
    Although we have never paused to explain the meaning of the term "deliberate indifference," the case law is instructive. The term first appeared in the United States Reports in Estelle v. Gamble, 429...

  • United States Of America v. Joseph Wright
    32 F3d 563
    Joseph Wright appeals the sentence he received on his guilty plea to conspiracy to possess crack cocaine with intent to distribute, 21 U.S.C.A. Sec. 846 (West Supp.1994). His attorney has filed a bri...

  • United States v. Johnson R
    32 F3d 265
    In November 1992 a grand jury sitting in the Northern District of Indiana, South Bend Division, returned a three-count indictment against defendants Tyrone Johnson, Thomas Johnson, and Richard Dover. ...

  • Sanchez Sanchez v. Immigration and Naturalization Service Sanchez Sanchez
    32 F3d 572
    Before: LEAVY, and KLEINFELD, Circuit Judges, and MARSH, District Judge. MEMORANDUM In 1986, the INS served the appellant Sanchez-Sanchez with an order to show cause why he should not be deported ...

  • United States Of America v. Gilliam
    32 F3d 563
    Darrell Gilliam appeals the sentence of seventy-seven months he received after his guilty plea to receiving a stolen firearm, 18 U.S.C.A. Sec. 922(j) (West Supp.1994). His attorney has filed a brief ...

  • United States Of America v. Felix
    32 F3d 563
    William Felix pleaded guilty to one count of conspiring to distribute fifty grams or more of crack cocaine in Forsyth County, North Carolina, in violation of 21 U.S.C.A. Secs. 841(b)(1)(A) and 846 (We...

  • United States Of America v. Edgar
    32 F3d 563
    Clifford Dewayne Edgar pleaded guilty to a one-count indictment that charged him with forcible entry of the Washington Street branch of One Valley Bank in Charleston, West Virginia, in violation of 18...

  • United States Of America v. C Brooks
    32 F3d 563
    Anthony Brooks appeals from his conviction on one count of possession with the intent to distribute cocaine base in violation of 21 U.S.C. Sec. 841(a)(1) (1988). Because we find no error in his convi...

  • United States v. D Sheppard
    33 F3d 56
    Before MANION and KANNE, Circuit Judges, and JOHN C. SHABAZ, District Judge. Scott Sheppard pleaded guilty to conspiring to distribute cocaine base in violation of 21 U.S.C. Sec. 846 and distributio...

  • Dodgers Bar Grill Inc v. Johnson County Board Of County Commissioners
    32 F3d 1436
    Plaintiffs Dodger's Bar & Grill, Inc. and more than thirty dancers who are or were employed by Dodger's, appeal from the district court's judgment for defendants, Johnson County Board of County Co...

  • Adams v. Leapley W
    31 F3d 713
    Howard Joseph Adams appeals from the district court's order denying his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254. We affirm. On June 18, 1986, Adams and his brother-in-law, Ji...

  • Johnathan Lee X v. Irene Bratten
    32 F3d 564
    Johnathan Lee X appeals the district court's order granting summary judgment in favor of the Defendants in his 42 U.S.C. Sec. 1983 (1988) action. Because the district court failed to give X notice of...

  • Austin v. W Cockings
    34 F3d 1076
    Before BRORBY and EBEL, Circuit Judges, and KANE, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assis...

  • United States v. Stringfield
    32 F3d 563
    Lionel Stith, Eric Stith, Russell Dabney, Sr., and Timothy Stringfield were convicted of conspiracy to distribute cocaine in violation of 21 U.S.C. Sec. 846. Lionel Stith and Dabney, Sr. appeal their...

  • Bills v. J Dahm W
    32 F3d 333
    Randall Bills brought this Sec. 1983 action against officials of the Lincoln Correctional Center ("the LCC") and the Nebraska Department of Correctional Services for alleged violations of his Fourteen...

  • United States v. Rodriguez Roncancio
    32 F3d 573
    Before: BROWNING, FARRIS, and LEAVY, Circuit Judges MEMORANDUM Rodriguez-Roncancio can not challenge the admission of the pretrial identification since Rodriguez-Roncancio, not the government, intr...

  • United States v. Atwater Iii
    32 F3d 563
    Appellants, Tommy Eugene Atwater III and Bobby Mandwell Bailey, appeal their convictions on charges that they possessed with intent to distribute crack cocaine, 21 U.S.C. Sec. 841(a)(1) (1988), and ca...

  • United States Of America v. E Lewellyn
    32 F3d 563
    Mary Ann Lewellyn and Thomas L. Lewellyn were found guilty of one count of conspiracy to commit mail fraud, in violation of 18 U.S.C. Sec. 371 (1988), 18 U.S.C.A. Sec. 1341 (West Supp.1993). The Lewe...

  • United States v. Ruis
    32 F3d 573
    In June 1992, U.S. Customs Inspector Mark Wilkerson was working undercover as a bribable customs inspector. In exchange for a $1,000 bribe from Ruis's codefendants Reyes and Dolores-Rodriguez, Wilker...

  • Farmer v. Circuit Court Of Maryland For Baltimore County
    31 F3d 219
    When Dee Farmer, incarcerated in federal prison, sought to pursue Maryland post-conviction relief proceedings to challenge two state convictions, the Maryland courts refused to entertain her petitions...

  • United States v. Camilo
    30 F3d 126
    We have carefully reviewed the record on appeal and discern no breach by the government of the plea agreement between it and the defendant. We likewise find no hint that the district court violated t...

  • Mansoori v. Immigration and Naturalization Service
    32 F3d 1020
    Mohammed Mansoori is an Iranian citizen who has been a lawful permanent resident of the United States since 1986. He petitions for review of the Board of Immigration Appeal's denial of his appeal fro...

  • United States v. Gentry
    31 F3d 1039
    Defendant Herbert Gentry pleaded guilty to one count of felon in possession of a firearm, 18 U.S.C. Sec. 922(g)(1). Defendant appeals his sentence, and we have jurisdiction under 18 U.S.C. Sec. 3742....

  • Bischel v. United States
    32 F3d 259
    Michael Bischel was charged with conspiracy to distribute marijuana and possession with intent to distribute marijuana in violation of 21 U.S.C. Secs. 841(a)(1) and 846. Bischel pled guilty to the co...

  • United States v. Espino
    32 F3d 253
    A jury convicted Francisco Espino of conspiring to distribute cocaine and marijuana in violation of 21 U.S.C. Secs. 841(a)(1) and 846 (Count I), of money laundering in violation of 18 U.S.C. Sec. 1956...

  • Holiday v. D Gilmore
    32 F3d 570
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, District Judge. Albert Holiday appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Se...

  • Bank Of New York v. Amoco Oil Company Amoco Oil Company
    35 F3d 643
    Amoco Oil Company appeals from a judgment of the Southern District of New York, Charles H. Tenney, Judge, (1) finding that (a) "holding certificates" issued by Amoco, as lessee, evidencing the lessor'...

  • Harris v. United States
    33 F3d 54
    Richard Harris was convicted in early 1991 of ten counts of mail fraud. On appeal, the conviction was affirmed. United States v. Harris, No. 91-5777, 1992 WL 163254, 1992 U.S.App. LEXIS 16874 (6th C...

  • United States v. I Miro
    29 F3d 194
    Appeal from the United States District Court for the Eastern District of Louisiana. Before WISDOM and JONES, Circuit Judges, and COBB, District Judge. Carlos I. Miro appeals his sentence for mail ...

  • United States v. Frazier
    28 F3d 99
    Defendant-Appellant William Joseph Frazier was convicted by a jury of possessing methamphetamine with intent to deliver in violation of 21 U.S.C. Sec. 841(a). Based on the amount of the controlled su...

  • Stephenson v. Reno
    28 F3d 26
    Obadiah Stephenson, Sr., a federal prisoner at the Federal Correctional Institution at Texarkana, Texas, filed the instant civil rights action under 28 U.S.C. Secs. 1331, 1343(3), and 42 U.S.C. Sec. 1...

  • United States v. J Allemand
    34 F3d 923
    James and Thomas Allemand appeal their convictions for crimes arising from a scheme to export illegally taken wildlife. They also appeal their sentences and the district court's denial of their motio...

  • United States v. A Selby C C
    33 F3d 55
    Defendants-appellants Mark Shinaberry, Thomas Dix, and Kenneth Selby appeal from convictions on fraud charges stemming from their involvement with an advance fee scheme operated by DNS Financial Broke...

  • United States v. Ballis
    28 F3d 1399
    THE COURT: That is hearsay.... MR. HAYNES: Yes, but they testified about that meeting. Now I have a chance-- THE COURT: But you asked them about those.... It is not relevant what they heard h...

  • United States v. Velasquez
    33 F3d 56
    Before RIPPLE and MANION, Circuit Judges, and ROBERT A. GRANT, District Judge. A jury convicted Nicholas Velasquez of knowingly and intentionally possessing cocaine with the intent to distribute in ...

  • United States v. C Richburg
    32 F3d 563
    This appeal arises from two separate but related prosecutions of appellant Michael C. Richburg. Richburg was first convicted, after a jury trial, of conspiracy to possess cocaine with intent to distr...

  • United States v. Garcia
    32 F3d 1017
    David Garcia entered a guilty plea to a charge of conspiracy to distribute cocaine. Due to a prior state conviction for possession of cocaine, Garcia received a mandatory minimum sentence of twenty y...

  • United States v. Dolores Rodriguez
    32 F3d 572
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM Appellant Carlos Dolores-Rodriguez objects to the length of his 293-month sentence imposed after he pled g...

  • United States v. Risher
    32 F3d 573
    Before: D.W. NELSON and NOONAN, Circuit Judges, and KING, District Judge. MEMORANDUM Thadeus Randolph Risher appeals his jury conviction of two counts of armed bank robbery in violation of 18 U.S....

  • Guardado v. Stainer
    30 F3d 139
    Before: FLETCHER and D.W. NELSON, Circuit Judges, and WILL, District Judge. MEMORANDUM Appellant Paul Guardado was convicted in 1989 in California state court for the second degree murder of Steph...

  • Carter v. Martinez
    34 F3d 1076
    Appellant, Samuel Carter, appeals the district court's dismissal of his pro se claim under 42 U.S.C.1983. It appears that the district court dismissed Mr. Carter's complaint sua sponte pursuant to Fe...

  • Turnham v. W Carr
    34 F3d 1076
    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...

  • Hamburg v. Attorney General Of State Of Wyoming
    34 F3d 1076
    Before MOORE and KELLY, Circuit Judges, and BABCOCK, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially as...

  • United States v. Juvenile
    30 F3d 140
    MEMORANDUM A juvenile, AG-S, pleaded guilty to two counts of juvenile delinquency, in violation of 18 U.S.C. Sec. 5032, for importation of over 100 kilograms of cocaine, in violation of 21 U.S.C. Sec...

  • Lopez v. Shanks
    34 F3d 1076
    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. Wolfe
    34 F3d 1077
    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. Fritts
    34 F3d 1077
    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...

  • Church v. City Of Huntsville
    30 F3d 1332
    This is a section 1983 class action lawsuit brought on behalf of the homeless residents of Huntsville, Alabama ("the City"). The plaintiffs allege that the City has deprived them of various constitut...

  • United States v. Gallardo
    34 F3d 1077
    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 Of America v. Kirby
    34 F3d 1077
    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. Daughetee
    30 F3d 140
    Before: FLETCHER and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM John Daughetee appeals his sentence under the Sentencing Guidelines imposed on remand for Daughetee's conviction fo...

  • Tillman v. M and I Bank A
    30 F3d 136
    Before RIPPLE and MANION, Circuit Judges, and GRANT, District Judge. Crystal Tillman, a former bank teller at the M & I Bank in Racine, Wisconsin, resigned her position and filed racial discrimi...

  • Terry v. Endell
    32 F3d 325
    The State of Arkansas appeals the district court's grant of habeas relief pursuant to 28 U.S.C. Sec. 2254 to Jesse James Terry, an Arkansas inmate, on the grounds that he was denied effective assistan...

  • Oneill
    32 F3d 785
    This appeal requires us to determine whether the federal courts must entertain a constitutional challenge to the City of Philadelphia's parking ticket procedures--procedures that resulted in the impos...

  • Bussard v. Al Lockhart
    32 F3d 322
    Ralph Bussard appeals from the district court's order denying him a writ of habeas corpus. He argues that his trial counsel in his felony murder case was ineffective in that he failed to object to tw...

  • United States v. Smith
    31 F3d 1294
    In 1991, Curtis Dale Smith and two other individuals were indicted in the Northern District of West Virginia on multiple charges arising out of their alleged participation in a conspiracy to distribut...

  • Anderson v. White
    32 F3d 320
    Terry Lynn Anderson appeals from the district court's order denying on the merits his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. We affirm. On February 23, 1990, An...

  • United States v. Dayea
    32 F3d 1377
    Calvin Dayea pleaded guilty to charges of involuntary manslaughter and assault resulting in serious bodily injury, both charges stemming from an automobile accident he caused while intoxicated. He no...

  • United States v. Barton
    32 F3d 61
    After being arrested in a government sting operation, Donald Barton pled guilty to attempted money laundering under 18 U.S.C. Sec. 1956(a)(3)(B) and was sentenced to 42 months in prison. On appeal, B...

  • United States Trustee Sousa Us v. Miguel D
    32 F3d 1370
    In this case, we must decide whether a trustee in bankruptcy can receive reimbursement under 11 U.S.C. Sec. 330(a)(2) for normal overhead expenses. We have jurisdiction under 28 U.S.C. Sec. 158(d). ...

  • Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit
    28 F3d 1388
    This second appeal of an action that has travelled to the Supreme Court concerns an adverse summary judgment on Sec. 1983 unreasonable search and seizure claims, with the issues here focusing primaril...

  • United States v. Bowling
    32 F3d 326
    In September, 1993, a federal jury in Little Rock, Arkansas, convicted James Bowling of four charges--two counts of possession of drugs with the intent to distribute them, one count of possession or u...

  • United States v. Bahm
    33 F3d 62
    Before ANDERSON and HOLLOWAY, Circuit Judges, and OWEN, District Judge. ORDER AND JUDGMENT OWEN, District Judge. Appeal from the United States District Court for the Northern District of Oklahoma...

  • United States v. T Wickersham
    29 F3d 191
    Charles T. Wickersham appeals his conviction of making a false statement on his tax return. Finding no error, we affirm. Wickersham purchased a grain elevator for $100,000 in March, 1989. Two week...

  • United States v. D Cousins
    30 F3d 136
    Before RIPPLE and MANION, Circuit Judges, and GRANT, District Judge. David D. Cousins appeals the district court's refusal to depart downward in sentencing him in light of his intellectual capacity ...

  • United States v. Ortiz
    30 F3d 132
    In sentencing Francisco Ortiz for violating his supervised release because of marijuana use, the district court refused to apply 18 U.S.C. Sec. 3583(g). The government appeals; and, because we concl...

  • United States Of America v. Bissette
    30 F3d 131
    Bobby Earl Bissette appeals from a district court order granting summary judgment in favor of Appellee in Bissette's 28 U.S.C. Sec. 2255 (1988) motion. We affirm. Bissette first contends that he re...

  • United States v. M Furman
    31 F3d 1034
    Defendant William M. Furman appeals his conviction and sentence for improper participation in loans of a federally insured institution, 18 U.S.C. Sec. 1006. We have jurisdiction under 28 U.S.C. Sec. ...

  • United States v. Aponte
    31 F3d 86
    Michael Aponte appeals from a conviction and sentence entered by Judge Dominick L. DiCarlo, following a jury trial. The jury convicted Aponte of conspiracy to rob a United States Postal Service truck...

  • McCutchen v. Us Department Of Health and Human Services
    30 F3d 183
    Dr. Charles McCutchen filed a request under the Freedom of Information Act for a list of all investigations of scientific misconduct undertaken by the Department of Health and Human Services' Office o...

  • Equal Employment Opportunity Commission v. Manville Sales Corporation
    27 F3d 1089
    Charles Mitte and the Equal Employment Opportunity Commission ("EEOC") brought the instant lawsuit under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. Secs. 621-34. The plaintiffs alle...

  • United States v. White S
    27 F3d 1531
    On November 21, 1990, a jury convicted Roy White, a chiropractor, and his wife Della of one count of conspiring to defraud the United States, in violation of 18 U.S.C. Sec. 371, and five counts of sub...

  • Green v. State Bar Of Texas
    27 F3d 1083
    Appellant, Bennie Green, d/b/a Eagle Consulting Firm, appeals from the district court's grant of Appellees' motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). Appellant sued several s...

  • United States v. Oreira
    29 F3d 185
    Timothy Crooks, Peter M. Fleury, Asst. Federal Public Defenders, Ira R. Kirkendoll, Federal Public Defender, Fort Worth, TX, for Oreira. Ralph R. Martinez, Houston, TX (court-appointed), for Postizz...

  • United States v. Aibejeris
    28 F3d 97
    The appellant, John Aibejeris, challenges the district court's denial of his motion for judgment of acquittal on the theory that he was entrapped by the government into committing the offense of which...

  • Kubec v. Immigration and Naturalization Service
    30 F3d 126
    Petitioner, Vojtech Kubec, a native and citizen of Czechoslovakia, has filed this petition for review of the decision of the Board of Immigration Appeals (BIA) denying his application for political as...

  • Gant v. F Gant
    30 F3d 141
    Before ANDERSON and BRORBY, Circuit Judges, and MECHEM, District Judge. Ms. Geneva Gant appeals from a declaratory judgment that the antenuptial agreement which she signed at the request of her late...

  • Hernandez Osorio v. H Crabtree Fci
    30 F3d 139
    MEMORANDUM Hernandez-Osorio appeals the district court's denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2241. He contends that the district court erroneously concluded t...

  • United States v. Torres Gonzalez Rey El Loco
    30 F3d 127
    Ramon Torres-Gonzales appeals pro se from a district court order denying his motion for correction of his sentence pursuant to Fed. R. App. P. 35(a), as well as from the court's order denying his mo...

  • King v. United States
    30 F3d 126
    Appellant, Phillip King, appeals pro se from a judgment of the district court denying his motion under 28 U.S.C. Sec. 2255 to vacate, set aside, or correct his sentence. In his opening brief, he alle...

  • Acevedo Toscano v. Immigration and Naturalization Service
    30 F3d 139
    MEMORANDUM Rufino Acevedo-Toscano (Acevedo) seeks reversal of the denial by the Board of Immigration Appeals (Board) of his request for a suspension of deportation. On appeal, Acevedo contends that ...

  • United States v. Lee
    30 F3d 140
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM James Lee appeals his sentence of 51 months, based on a conviction for being a felon in possession ...

  • United States v. L Davison
    30 F3d 140
    MEMORANDUM Roberta L. Davison appeals her jury conviction of witness tampering and solicitation to commit witness tampering, in violation of 18 U.S.C. Secs. 373 and 1512(b)(2)(A). She argues that th...

  • United States v. Harris
    31 F3d 153
    The Government appeals and the Defendant cross-appeals in this criminal case. We affirm in part and reverse and remand in part. * On the night of December 30, 1992, the Lynchburg Police Department ...

  • United States v. Chow
    30 F3d 140
    Before: D.W. NELSON and NOONAN, Circuit Judges, and KING, District Judge MEMORANDUM David Chow appeals his resentencing following his motion to vacate, set aside, or correct sentence pursuant to 2...

  • Ellis v. Jd Sharp
    30 F3d 141
    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. Blakely
    30 F3d 140
    MEMORANDUM Byron Lawrence Blakely was convicted after a bench trial before a United States magistrate judge of a violation of 43 C.F.R. 2801.3(a). Blakely appealed from this judgment to the district...

  • United States v. Renfroe
    30 F3d 135
    These two cases were remanded to the district court in December 1991 for reconsideration of the sentencing order. At this court's direction, the cases were held in abeyance pending release of our opi...

  • Ice Cream Corporation v. California Smoothie Licensing Corporation
    31 F3d 1259
    This appeal arises from an unsuccessful attempt of a franchisee to operate a restaurant in Florida. The appellants-cross-appellees are California Smoothie International, Inc. (CSI) and its wholly-ow...

  • United States v. G Ritsema
    31 F3d 559
    This is a case in which more care by the government at the plea agreement stage could have staved off an unnecessarily complex and unproductive sentencing. On October 21, 1992, a grand jury returned ...

  • Giuffre v. Bissell
    31 F3d 1241
    This appeal requires us to revisit the doctrine of absolute and qualified immunity in order to determine if we may review at this time the district court's order which denied summary judgment to the i...

  • United States v. Aman
    31 F3d 550
    After his divorce, Dr. Reinhold Aman began mailing threatening letters to his ex-wife, her attorney, and the judge presiding over the Amans' division of assets. Dr. Aman was indicted on five counts o...

  • United States v. Bentley D D
    30 F3d 140
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM After a jury trial, appellant Beatrice Bentley was convicted on both counts of a two-count drug traffickin...

  • United States v. Barial
    31 F3d 216
    The question in this case is whether defendant, who was convicted of simple drug possession under a regulation prohibiting possession of controlled substances in federal parks, may be considered for s...

  • Thomas v. A Farley
    31 F3d 557
    An inmate of an Indiana state prison, Kevin Thomas, filed a complaint under 42 U.S.C. Sec. 1983 claiming that his keepers had inflicted a cruel and unusual punishment upon him by refusing to permit hi...

  • Napoli v. United States
    32 F3d 31
    Petitioners-appellants Joseph Napoli, Harold Fishman, Marty Gabe, Dennis Rella and Harold Weinstein appeal from an August 31, 1993 order of the United States District Court for the Eastern District of...

  • National Commodity and Barter Association v. L Archer D A G E W J Cd
    31 F3d 1521
    Plaintiffs-appellants National Commodity & Barter Association and the National Commodity Exchange (collectively referred to generally as the NCBA) appeal a decision of the district court dismissin...

  • McGillvary
    30 F3d 134
    Plaintiffs Clyde and Ramona McGillvary appeal the order of the district court granting summary judgment to defendants City of Troy and David McBride, Chief Housing Inspector for the City of Troy. Pla...

  • Pallottino v. City Of Rio Rancho
    31 F3d 1023
    Mr. Pallottino was temporarily detained by police officers (Officers) of the City of Rio Rancho, New Mexico, while they investigated a fist fight. Mr. Pallottino, who contends this detention was due ...

  • United States v. Reddick
    34 F3d 1067
    Appellants, who were convicted of drug conspiracy charges, allege various trial and sentencing errors on the part of the district court. Because we find no merit to any of these challenges, we affirm...

  • United States v. W Ross
    34 F3d 1067
    Douglas W. Ross appeals from his convictions for criminal income tax evasion, failure to file income tax returns, and filing false withholding exemption certificates with respect to the tax years 1987...

  • United States v. Samaniego Rodriguez
    32 F3d 242
    In this consolidated criminal appeal, two defendants challenge their sentences for convictions for unlawful reentry into the United States after deportation under 8 U.S.C. Sec. 1326. They argue that ...

  • Brown v. Maryland Parole Commission
    34 F3d 1066
    Appellant seeks to appeal the district court's order dismissing without prejudice his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion discloses that thi...

  • Griffini v. J Mitchell
    31 F3d 690
    Anthony Griffini appeals from a final order entered in the District Court for the Eastern District of Missouri denying his petition for writ of habeas corpus. Griffini v. Purkett, No. 4:92CV343-DJS (...

  • Kirkpatrick v. Stotts
    30 F3d 142
    Before MOORE and KELLY, Circuit Judges, and BABCOCK, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially as...

  • United States v. Hodges
    30 F3d 132
    William Blaine Hodges ("Hodges") was found guilty by a jury of embezzling funds of the United States Postal Service in violation of 18 U.S.C. Sec. 1711. He appeals that conviction, contending that th...

  • United States v. Linn Iii
    30 F3d 132
    Stahle Linn, III was indicted for possession of marijuana with the intent to distribute. See 21 U.S.C.A. Sec. 841(a)(1) (West 1981). After the district court denied his motion to suppress, Linn ente...

  • United States v. Harris
    30 F3d 132
    Alvin Theodore Harris was convicted by a jury of knowingly and intentionally distributing a mixture or substance containing a detectable amount of cocaine base in violation of 21 U.S.C.A. Secs. 841(a)...

  • Roy Taylor Sales Inc v. Hollymatic Corporation
    28 F3d 1379
    Roy B. Taylor Sales, Inc., a dealer of hamburger patty machines and patty paper, sues its supplier, Hollymatic Corporation, a manufacturer of patty products. Taylor alleges that Hollymatic violated t...

  • United States v. G Williams
    31 F3d 522
    Michael Williams, Hector Hernandez, and James Kerley were each convicted on one count of conspiracy to possess marijuana with the intent to distribute, 21 U.S.C. Sec. 846, and on two counts of possess...

  • United States v. Lockwood
    30 F3d 132
    Dennis Dale Lockwood appeals his conviction for possession of a firearm by a convicted felon. He contends that the United States Attorney violated his right to a speedy trial and requests that his in...

  • United States v. E Stafford
    29 F3d 181
    James E. Stafford (Stafford) was convicted of, and sentenced for, tax evasion. 26 U.S.C. Sec. 7201. He appealed. In United States v. Stafford, 983 F.2d 25 (5th Cir.1993), we affirmed his conviction...

  • Tart v. Hill Behan Lumber Company A
    31 F3d 668
    In this diversity case, Charles R. Tart appeals the district court's judgment dismissing his Missouri Human Rights Act claim of discriminatory discharge following a jury verdict in favor of Hill Behan...

  • United States v. Brown
    32 F3d 236
    Following a three-day trial, a jury convicted Edward Brown of attempted bank robbery pursuant to 18 U.S.C. Sec. 2113(a). For this offense, the district court sentenced Brown to forty-one months in th...

  • Bell v. J Klincar
    35 F3d 568
    Petitioner, a state prisoner, appeals from the denial of his petition for a writ of habeas corpus, 28 U.S.C. Sec. 2254, alleging that he was not proved guilty beyond a reasonable doubt of unlawful del...

  • United States v. D Sterns
    32 F3d 573
    Before: REINHARDT and NOONAN, Circuit Judges; TANNER, District Judge. MEMORANDUM David Sterns challenges the 57-month sentence imposed on him after his plea of guilty to a three-count Information...

  • Lange v. United States
    31 F3d 535
    Plaintiff-appellee Michael Lange, while driving his motorcycle, collided with a United States Postal semi-tractor trailer driven by Harold Baker. Lange sued the United States under the Federal Tort C...

  • Brashear v. D Schaeffer
    30 F3d 128
    Daniel Brashear filed a 42 U.S.C. Sec. 1983 (1988), action in the district court in 1992, alleging that his 1991 conviction for second degree murder was unconstitutional. The district court dismissed...

  • Hunter v. Bostick
    30 F3d 129
    Larry Hunter, a Maryland prisoner, filed this action pursuant to 42 U.S.C. Sec. 1983 (1988), seeking damages and alleging that (i) a jail guard supplied him with heroin upon request and he overdosed; ...

  • United States Of America v. Franklin
    30 F3d 131
    Benjamin H. White, Jr., and Sandra J. Hairston, Greensboro, NC M.D.N.C. AFFIRMED. Jerry Franklin appeals the sentence of 188 months imposed on him following his guilty plea to possession of 583 ...

  • Brock v. B Weston
    31 F3d 887
    Louis W. Brock, currently confined pursuant to the Washington Sexually Violent Predators Act at the Special Commitment Center of the Washington State Penitentiary, appeals the district court's dismiss...

  • Holmes v. Norris
    32 F3d 1240
    Holmes suggests at least two respects in which his trial counsel may have been ineffective in the constitutional sense: (1) by making improvident concessions in argument to the jury, and (2) by faili...

  • Hoeppner v. Crotched Mountain Rehabilitation Center Inc
    31 F3d 9
    This action involves a retaliatory discharge claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e-2. Plaintiff-Appellant, Donna Hoeppner, alleges that she was fired because she...

  • Francis v. Immigration and Naturalization Service
    33 F3d 54
    This matter is before us on appeal from the Board of Immigration Appeals, which upheld the decision of the immigration judge ordering the immediate deportation of the petitioner, Andrew Francis. Fran...

  • Taylor v. Js Stainer
    31 F3d 907
    The Attorney General of California appeals the district court's grant of habeas corpus to Michael Taylor. Taylor was convicted of first-degree murder based solely on a fingerprint of his that police ...

  • Warren v. City Of Grand Rapids
    33 F3d 55
    Before: MARTIN and SUHRHEINRICH, Circuit Judges, and JORDAN, District Judge. Bob C. Warren, Sr., appeals the dismissal of his civil complaint for lack of subject matter jurisdiction pursuant to Fed...

  • United States v. Carmargo
    32 F3d 572
    Before: WALLACE, Chief Judge, WIGGINS, Circuit Judge, TURRENTINE, District Judge. MEMORANDUM Enrique Carmargo and Carlos Arturo Quijano were convicted of (1) conspiracy to possess with intent to d...

  • Wilkinson v. Fields
    30 F3d 142
    Mr. Wilkinson, appearing pro se and in forma pauperis, appeals the dismissal with prejudice of his civil rights complaint, 42 U.S.C.1983, for declaratory and injunctive relief, I R. doc. 2 at 4, pursu...

  • Vosberg v. H Hart
    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...

  • Us Anchor Mfg Inc v. Rule Industries Inc
    27 F3d 521
    This case involves an appeal from a jury verdict imposing civil liability for alleged predatory pricing in violation of antitrust laws. More specifically, appellants Rule Industries, Inc. ("Rule") a...

  • United States v. M Coughlan
    32 F3d 572
    Before: REINHARDT and NOONAN, Circuit Judges; TANNER, District Judge. MEMORANDUM Defendant Jack Coughlan, Sr. was indicted on seventeen counts of mail and wire fraud in connection with a scheme t...

  • McGary v. Scott
    27 F3d 181
    William Ray McGary appeals the district court's dismissal of his second application for federal habeas corpus relief. In this application, McGary argued that he was unconstitutionally deprived of app...

  • United States v. Hall
    33 F3d 55
    Defendant-appellant, Coleman Hall, was found guilty by a jury of being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g). Hall appeals both his conviction and his sentence. Fo...

  • United States v. Gaind
    31 F3d 73
    Defendant-Appellant Arun Gaind appeals from a judgment entered June 14, 1993 after a jury trial in the United States District Court for the Southern District of New York, Vincent L. Broderick, Judge, ...

  • Jensen v. R Stiglich
    36 F3d 1099
    The Sheriff of Lake County, Stephen R. Stiglich, appeals from the district court's order denying his petition to partially modify a consent decree establishing a merit-based system for the non-politic...

  • United States v. A Brown
    30 F3d 131
    Gary A. Brown, Sr., pled guilty to conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C.A.Secs. 841(a)(1), 841(b)(1)(A), 846 (West 1981 & Supp.1994) (Count 1), and to...

  • United States v. J Hilliard
    31 F3d 1509
    Mr. Hilliard was a director, shareholder and president of National Savings Bancorporation of Colorado (NSB), the bank holding company for First American Savings Bank (FASB). As part of the required t...

  • United States v. K Partee
    31 F3d 529
    Jerry K. Partee pleaded guilty to possessing cocaine with intent to distribute. He was sentenced to 97 months in prison. He appeals his sentence claiming that the district court erred in giving him ...

  • Yapp v. Reno
    26 F3d 1562
    The principal issue in this case is whether the lapse of time provision in the United States extradition treaty with the Commonwealth of The Bahamas bars extradition when a defendant's right to a spee...

  • Equal Employment Opportunity Commission v. Farmer Brothers Company
    31 F3d 891
    The district court found appellant/cross-appellee Farmer Brothers ("Farmer Bros.") liable for intentional gender discrimination against appellee/cross-appellant Diana Estrada ("Estrada") in violation ...

  • Jlm Inc v. National Labor Relations Board
    31 F3d 79
    J.L.M. Inc., d/b/a/ Sheraton Hotel Waterbury (the "Hotel" or the "Company") petitions this Court under Sec. 10(f) of the National Labor Relations Act (the "Act"), 29 U.S.C. Sec. 160(f) (1988), for rev...

  • Cummings v. United States
    33 F3d 54
    George F. Cummings, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate his sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a panel...

  • Burleson v. Cambra
    30 F3d 139
    Burleson next argues that the delay between his arrest for escaping from jail and his arrest and arraignment for the mini-mart robbery deprived him of due process by (1) preventing him from locating a...

  • Advocates For Highway and Auto Safety v. Federal Highway Administration
    28 F3d 1288
    Linda Denison Kilb, was on the brief for amici curiae Robert L. Carpenter and John C. Mike Thatcher. Erika Ziebarth Jones, Kathryn Ann Kusski, and Daniel R. Barney, entered appearances for amicus cu...

  • United States v. M Foy
    28 F3d 464
    Defendant-appellant, Daverne M. Foy (Foy), convicted of a firearms offense and several drug offenses, appeals his convictions and sentence, asserting numerous errors by the district court and that the...

  • Lackey v. Scott
    28 F3d 486
    Clarence Lackey, a Texas death row inmate, appeals the district court's decision denying his petition for writ of habeas corpus. We affirm. In 1983, a Texas jury found Clarence Lackey guilty of cap...

  • Mardell v. Harleysville Life Insurance Company
    31 F3d 1221
    Nancy Mardell appeals from the grant of summary judgment for defendant Harleysville Life Insurance Company ("Harleysville") by the District Court for the Western District of Pennsylvania, 854 F.Supp. ...

  • Franklin v. Foxworth
    31 F3d 873
    Johnny Curry and Gloria Franklin filed an action under 42 U.S.C. Sec. 1983 against three police officers and the City of Portland, alleging that the manner in which the officers executed a search warr...

  • Davidson v. Flynn A E
    32 F3d 27
    The primary question in this case, dismissed at the pleading stage, is the sufficiency under the Eighth Amendment of an allegation that correctional officers, who needed to handcuff an inmate being tr...

  • United States v. Nguyen
    28 F3d 477
    Defendant-appellant Nam Tan Nguyen (Nguyen) was convicted of one count of using fire to commit a felony, in violation of 18 U.S.C. Sec. 844(h)(1), and of one count of attempting to destroy a building ...

  • Lawrence v. M Armontrout
    31 F3d 662
    Edward V. Lawrence appeals from the order of the district court dismissing his petition for a writ of habeas corpus. 28 U.S.C. Sec. 2254 (1988). The district court determined that Lawrence failed to...

  • United States v. Burruel Leon
    30 F3d 140
    Before: NORRIS and O'SCANNLAIN, Circuit Judges, and COUGHENOUR, District Judge MEMORANDUM** Following his conviction for possession with intent to distribute marijuana, 21 U.S.C. Sec. 841(a)(1), de...

  • United States Of America v. R Cruce
    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. L Wilson
    31 F3d 510
    Myro L. Wilson was convicted by a jury of three counts of distribution of cocaine base in violation of 21 U.S.C. Sec. 841(a)(1), and was sentenced to 63 months of imprisonment. He appeals, challengin...

  • United States v. Clanton
    32 F3d 569
    On July 1, 1993, a jury in the Western District of Kentucky convicted Clarence Douglas Clanton, Appellant, of conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. Sec. 84...

  • United States v. Campbell
    30 F3d 136
    Roger Campbell pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846, and one count of money laundering in violation ...

  • Duct O Wire Company v. Us Crane Incorporated W
    31 F3d 506
    This case involves a suspiciously clever business practice. A company, U.S. Crane, built its business by subscribing to the expired phone numbers of other companies. One of these companies, the Duct...

  • United States v. Murphy
    30 F3d 137
    A five-count indictment charged James Murphy with violating several firearm statutes. Murphy entered a guilty plea to two counts: possessing an unregistered firearm in violation of 26 U.S.C. Sec. 58...

  • Dalis v. Immigration and Naturalization Service
    30 F3d 141
    After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See ...

  • United States v. Baze
    32 F3d 569
    The defendant, Ralph Baze, was convicted on three counts of being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922(g). He was sentenced to 120 months on each count, the second a...

  • Robinson v. Abb Combustion Engineering Services Inc
    32 F3d 569
    Plaintiff Donald W. Robinson (Robinson) appeals the dismissal of his employment discrimination case brought against defendant ABB Combustion Engineering Services, Inc. (ABB). On appeal plaintiff arg...

  • Ivy v. Moore
    31 F3d 634
    Dana Ivy, a Missouri prisoner, brought this 42 U.S.C. Sec. 1983 action alleging that the defendants, all employees of the Missouri Department of Corrections, had violated his rights under the Fifth, E...

  • Sorensen Dunbar v. Shaklee Corporation
    31 F3d 638
    Kristofer and Katrina Sorensen have suffered from mental retardation since birth, allegedly caused by their parents' ingestion, prior to the children's conception, of alfalfa health food tablets produ...

  • United States v. Myers
    32 F3d 411
    On February 1, 1994, pursuant to a plea agreement, Thomas Lee Myers pleaded guilty to a single count of mail theft in violation of 18 U.S.C. Sec. 1708. In exchange for his guilty plea the government ...

  • United States v. Segars
    31 F3d 655
    Jamal Deshon Segars appeals from a final judgment entered in the District Court for the District of Minnesota finding him guilty, upon a jury verdict, of conspiracy to possess with intent to distribut...

  • United States v. Craft
    30 F3d 1044
    After Kareem Sekou Craft exited an airplane at the St. Louis airport, police officers asked Craft if they could pat him down and Craft consented. During the search, an officer felt bulges around Craf...

  • Brothers Iii v. Klevenhagen
    28 F3d 452
    Plaintiffs appeal a summary judgment in their excessive force suit against Harris County, Texas, and its sheriff. Finding no reversible error, we affirm. On November 5, 1988, Roland Brothers, Jr., ...

  • Drew v. Scott
    28 F3d 460
    More than eleven years ago Robert Drew viciously and sadistically beat and stabbed Jeffrey Mays to death on February 21, 1983. Jeffrey was a teenage boy from Alabama who had run away from home with h...

  • United States v. Adail
    30 F3d 1046
    Tyrone Adail pleaded guilty to possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). Although the maximum statutory penalty for a Sec. 922(g) violation is 120 months, the district court s...

  • Cleary v. News Corporation
    30 F3d 1255
    Joseph E. Mueth, Los Angeles, CA, for plaintiff-appellant. Louis P. Petrich, Leopold, Petrich & Smith, Los Angeles, CA, and Slade R. Metcalf, Squadron, Ellenoff, Plesent & Lehrer, New York C...

  • United States v. Tubbs
    30 F3d 142
    Mr. Clarence Wade Tubbs appeals his convictions after a bench trial on one count of carrying a firearm during and in relation to a crime of violence in violation of 18 U.S.C. 924(c)(1), and one count ...

  • State Farm Fire Casualty Company v. Mhoon
    31 F3d 979
    WHITE, Associate Justice (Ret.). State Farm Fire & Casualty Company sought and received in federal district court a declaration that it had no obligation to insure or defend Robert Mhoon, one of...

  • United States v. Tramp
    30 F3d 1035
    This case deals with the single issue of whether probation commences under an ambiguous sentencing pronouncement, while in or out of prison custody. Daniel Ignatz Tramp appeals the district court's o...

  • Sack v. Huggins
    34 F3d 1076
    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. Reedy
    30 F3d 1038
    Gale Edwin Reedy appeals the upward adjustment of his guideline sentence. We affirm. Reedy entered a plea of guilty to a charge of conspiracy to distribute methamphetamine in violation of 21 U.S.C....

  • United States v. Linn
    31 F3d 987
    Defendants-appellants Guy Sturlin and Theodore Linn appeal from their convictions and sentences for (1) conspiracy to commit certain offenses against the United States, 18 U.S.C. Sec. 371; (2) mail f...

  • Orjias v. Stevenson
    31 F3d 995
    Appellant/defendant, Louisiana-Pacific Corporation (L-P), appeals from the district court's judgment following a jury trial on the issues of negligence per se and common law nuisance. The appellees/p...

  • United States v. K Freeman
    30 F3d 1040
    The government charged William K. Freeman with violating several environmental laws. A jury convicted Freeman of illegally transporting and illegally storing hazardous waste without a permit in viola...

  • United States v. Pessefall
    27 F3d 511
    In this cocaine conspiracy case, we affirm the convictions and sentences of all appellants. In March, 1991, a multi-unit task force initiated an investigation of Roy Vinson Rickman to determine whet...

  • United States v. James
    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...

  • Kotasz v. Immigration and Naturalization Service
    31 F3d 847
    Mihaly and Agnes Kotasz, husband and wife, and their two children, Matyas and Erika, petition for review of the Board of Immigration Appeals' ("BIA") decision denying their applications for asylum and...

  • United States v. Oneal
    30 F3d 132
    Blane Wade O'Neal was convicted by a jury of being a felon in possession of a firearm, 18 U.S.C.A. Sec. 922(g)(1) (West Supp.1993) (Count One), of use of a firearm in relation to a drug trafficking cr...

  • McMahon v. D Maynard
    34 F3d 1076
    This is an appeal from a remand judgment of the district court which again dismissed Mr. McMahon's habeas corpus petition, 28 U.S.C. 2254. In McMahon v. Maynard, No. 90-5217, unpub. order and judgmen...

  • United States v. Crews
    30 F3d 131
    Robert Lamar Crews appeals his conviction and sentence for possession with intent to distribute approximately 850 grams of cocaine hydrochloride, 21 U.S.C. Secs. 841(a)(1) and (b)(1)(B). For the reas...

  • Armendariz
    31 F3d 860
    In 1991, the City of San Bernardino closed a number of low-income housing units in the Arden-Guthrie section of town pursuant to a series of housing code inspections, referred to in the trade as "swee...

  • Holsey v. Smith
    30 F3d 129
    Aaron Holsey appeals the district court's denial of his 28 U.S.C. Sec. 2254 (1988) petition. Because the petition contains both exhausted and unexhausted claims, we grant a certificate of probable ca...

  • United States v. Ledezma
    29 F3d 260
    WELLFORD, Senior Circuit Judge, concurring in denial of Josephine Ledezma's petition for rehearing. One of the issues raised by Ledezma relates to "perjury" for sentencing purposes. With regard to ...

  • United States v. Edelson
    29 F3d 635
    Before: BRUNETTI, KOZINSKI, and BOGGS, Circuit Judges. MEMORANDUM Joseph Edelson was convicted after a jury trial on five counts of income tax evasion for the years 1984 through 1988, in violation...

  • United States v. Sanders
    29 F3d 637
    Joshua William Sanders appeals his conviction and sentence on two counts of mailing a threatening communication in violation of 18 U.S.C. Sec. 876. Sanders plead guilty to both counts and received tw...

  • United States v. Spriggs
    30 F3d 132
    Arthur Raymond Spriggs, Jr., pled guilty to possession of heroin with intent to distribute; possession of cocaine; and attempted introduction of contraband. His plea was conditioned on his right to...

  • Marietta Franklin Securities Co v. Muldoon
    30 F3d 134
    Plaintiffs-Appellants Marietta Franklin Securities Co. ("Marietta") and Pioneer Savings & Loan Co. ("Pioneer") appeal the district court's dismissal of their motions to vacate judgment pursuant ...

  • Arvinger v. Mayor and City Council Of Baltimore
    31 F3d 196
    After Stephen A. Arvinger filed this action alleging that the City of Baltimore breached a settlement agreement that resolved a prior civil rights suit, the City voluntarily afforded Arvinger some of ...

  • Adams v. Metiva
    31 F3d 375
    Plaintiff-appellant, Gene Autrey Adams, appeals the district court's grant of summary judgment to defendant-appellee, Paul Metiva, in this 42 U.S.C. Sec. 1983 suit. For the following reasons, we reve...

  • United States v. Brown
    31 F3d 484
    This is an appeal from convictions for bank fraud, money laundering, and conspiracy to commit bank fraud and money laundering, in violation of 18 U.S.C. Secs. 371, 1344, & 1956. We affirm. Visa...

  • United States v. D Foreman
    30 F3d 1042
    Watie D. Foreman entered a conditional plea of guilty to one count of possession with intent to distribute methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. Sec. 841(a)(1)...

  • United States v. Salerno
    30 F3d 137
    In earlier proceedings, this court determined that it has jurisdiction of this appeal and directed the parties to address the merits promptly, consistently with the recommendation of Abney v. United ...

  • Reich v. Department Of Conservation and Natural Resources State Of Alabama
    28 F3d 1076
    The Secretary of Labor ("Secretary") appeals from the judgment of the United States District Court for the Middle District of Alabama finding in favor of the Alabama Department of Conservation and Nat...

  • Richley v. Norris
    32 F3d 1237
    Accordingly, we affirm the judgment of the district court denying Richley's second petition for a writ of habeas corpus, see 8th Cir.R. 47B, and deny his motion for a stay of execution. ...

  • United States v. Quigley
    30 F3d 135
    In Case No. 93-1429, the United States challenges a judgment imposing sentence upon Defendant-Appellee David James Quigley, and in Case No. 93-1520, the United States challenges a judgment vacating th...

  • Enterprises Incorporated v. Renzi
    32 F3d 233
    The plaintiffs (collectively AmCan) sued the defendants (collectively American Yellow Pages) for infringing an unregistered trademark in violation of the Lanham Act, 15 U.S.C. Sec. 1125(a)(1)(A). See...

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