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  • United States v. Decker
    55 F3d 1509
    Steven G. Shapiro (Rodney G. Snow with him on the brief), of Clyde, Pratt & Snow, Salt Lake City, UT, for defendant-appellant. David J. Schwendiman, Asst. U.S. Atty. (Scott M. Matheson, Jr., U....

  • Solesbee v. Witkowski
    56 F3d 62
    The warden of a South Carolina prison and four correctional officers (COs) appeal the judgments against them in a civil rights action brought by an inmate who was injured by a fellow inmate. We affir...

  • United States v. Old Chief
    56 F3d 75
    MEMORANDUM Johnny Lynn Old Chief ("Old Chief") appeals his criminal convictions rendered by jury verdict in the federal district of Montana. Old Chief was convicted of being a felon in possession of...

  • United States v. Nailor
    57 F3d 1071
    The United States appeals the district court's decision granting motions to suppress narcotics found during a search of a car in which defendants, Larry Nailor and Colangelo Swearengen, were riding. ...

  • United States v. S Kahley
    57 F3d 1071
    Defendant Mark Kahley appeals his sentence entered pursuant to a guilty plea on a three-count indictment charging him with the intent to distribute and distributing measurable quantities of Lysergic A...

  • Bunch v. Village Of New Lebanon
    57 F3d 1069
    Plaintiff Cynthia Bunch brought this civil rights action under 42 U.S.C. Sec. 1983 against defendant Rodney Ables, a police officer employed by defendant Village of New Lebanon, the mayor and council ...

  • Anell v. Freeport Minerals Corporation Anell
    56 F3d 70
    MEMORANDUM William and Ardith Anell appeal the dismissal of their complaint. Due to a slew of late voluntary dismissals of parties only one defendant, Basic, Inc., and one claim, a Sherman Act viola...

  • United States v. Sarabia
    56 F3d 75
    MEMORANDUM Gabriel Sarabia was convicted after a jury trial of possession of methamphetamine with intent to distribute it and conspiracy to do the same in violation of 21 U.S.C. Sec. 841(a)(1). He a...

  • United States v. Williams
    56 F3d 63
    Andre Williams appeals the sentence imposed for his convictions for various drug-related offenses. We vacate the sentence and remand for resentencing. * Williams was arrested on June 29, 1993, and ...

  • United States v. Wurth
    56 F3d 63
    Rule 11(h) of the Federal Rules of Criminal Procedure allows appellate courts to disregard violations of Rule 11 that do not affect substantial rights. The issue in this appeal is whether the Rule 11...

  • United States v. Catherine
    55 F3d 1462
    The defendant pled guilty to several counts of making false statements in loan applications in violation of 18 U.S.C. Sec. 1014. The loan applications concerned loans secured by deeds of trust on fou...

  • United States v. Hilson
    56 F3d 1532
    This case came to be heard on appeal from the United States District Court for the District of Columbia and was ably briefed and argued by counsel. The issues have been accorded full consideration by...

  • Maple v. Norick Ocpd
    56 F3d 77
    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...

  • Nunez v. Grayson
    56 F3d 78
    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. Frazee
    56 F3d 78
    Before MOORE 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 assist...

  • United States v. Johnson
    56 F3d 78
    This case is before us a second time for review. In the first appeal we affirmed David Lynn Johnson's conviction for conspiracy and possession with intent to distribute phenyl-2-propanone (phenylacet...

  • United States v. Galloway
    57 F3d 1071
    In this consolidated appeal, three co-defendants appeal various decisions of the district court. Renaldo Galloway does not dispute his guilt, but asks this court to remand his case to the district co...

  • Larson Larson v. Miller
    55 F3d 1343
    Joseph and Gail Larson, individually and on behalf of their daughter Angela, appeal the district court's order granting the Appellees' motion for judgment notwithstanding the verdict on the Larsons' 4...

  • Webb v. Campbell
    57 F3d 1072
    Before: JONES and NORRIS, Circuit Judges, and DOWD, District Judge. David Webb appeals a district court judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. Sec. 2254....

  • West Texas Marketing Corporation Kellogg v. United States
    54 F3d 1194
    At issue in this Chapter 7 liquidation is whether the district court erred in holding that the estate of West Texas Marketing Corporation (WTMC), the debtor, (1) could not, for federal income tax purp...

  • United States v. Garcia
    56 F3d 74
    Before BEEZER and TROTT, Circuit Judges, and SHUBB, District Judge. MEMORANDUM Elio Isaac Garcia appeals his conviction and sentence on one count of conspiracy to possess marijuana with intent to d...

  • Guzman Rivera v. Rivera Cruz
    55 F3d 26
    This is the second time that this civil rights action has been before us. After being arrested, convicted, and imprisoned for a murder that he did not commit, plaintiff-appellee Hector Guzman Rivera ...

  • United States v. Davis
    56 F3d 74
    MEMORANDUM Jerry Dean Davis was convicted of two counts of possession of narcotics with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1). Prior to trial, Davis made two unsuccessful mot...

  • United States v. Ogbuehi
    56 F3d 74
    Before BEEZER and TROTT, Circuit Judges, and SHUBB, District Judge MEMORANDUM Marizu Ogbuehi appeals, for a second time, his conviction on four counts of heroin smuggling in violation of 21 U.S.C. S...

  • United States v. Eversley
    55 F3d 870
    The defendant, Andre Benson Eversley, a citizen of Guyana, having been deported from the United States following the commission of an aggravated felony, was again found in the United States and was in...

  • Whitney v. Yarborough
    57 F3d 1072
    Petitioner Michael Whitney challenges the district court's denial of his petition for writ of habeas corpus, 28 U.S.C. Sec. 2254, in which petitioner raised a number of issues regarding the validity o...

  • United States v. Harrison
    55 F3d 163
    Wendell Wayne Harrison challenges his convictions for possession with intent to distribute cocaine base and using or carrying a firearm during the commission of a drug-trafficking offense, contending ...

  • City Of Oakland Board Of Port Commissioners v. National Union Fire Insurance Company Of Pittsburgh Pa
    56 F3d 70
    MEMORANDUM The city of Oakland was sued by a developer named JLSI, for breach of, and tortious interference with, a lease option agreement. National refused to defend under its personal liability po...

  • No 94 5284
    55 F3d 1123
    The defendants, who are Blount County, Tennessee, law enforcement officers, appeal the District Court's denial of qualified immunity in this 42 U.S.C. Sec. 1983 action. The plaintiff, Debra Harrill, ...

  • United States v. Brown
    54 F3d 234
    Roy Brown (Brown), a Jamaican national, was originally indicted along with Steve Earl (Earl) for conspiracy to import marijuana into the United States in violation of 21 U.S.C. Secs. 952(a), 960, and ...

  • United States v. Wright
    56 F3d 66
    This is defendant Major Junior Wright's ("Wright") second appeal of his sentence. Wright was convicted of conspiracy to defraud the Internal Revenue Service ("IRS") by preparing, causing to be prepar...

  • Martin v. State Of Arizona Department Of Corrections
    56 F3d 72
    MEMORANDUM Charles Martin, a former Arizona state prisoner, appeals pro se the district court's grant of summary judgment for the defendants in his 42 U.S.C. Sec. 1983 civil rights action. Martin co...

  • Sanford v. United States
    56 F3d 65
    John W. Sanford, a pro se federal prisoner, appeals a district court judgment 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...

  • Dorsey v. Irvin
    56 F3d 425
    Ronald Dorsey appeals from Judge Stanton's denial of his pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. Judge Stanton granted a certificate of probable cause, and we app...

  • Roberts v. Carr
    56 F3d 78
    After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 10...

  • Whitt v. Bradley
    56 F3d 66
    Willie Whitt appeals pro se from a district court judgment dismissing a civil rights action that he had filed under 42 U.S.C. Sec. 1983. His appeal has been referred to a panel of this court pursuant...

  • United States v. Tff A
    55 F3d 1118
    Defendant, a juvenile male, was charged in a sealed two-count information with carjacking, in violation of 18 U.S.C. Sec. 2119, and use of a firearm during a crime of violence, in violation of 18 U.S....

  • United States v. Al Talib
    55 F3d 923
    Mohamed Basher Al-Talib and Hector R. Munoz were convicted of conspiracy to possess and distribute marijuana, as well as attempted possession of marijuana with intent to distribute. Appellants compla...

  • Garlotte v. Fordice
    515 US 39
    To petition a federal court for habeas corpus relief from a state court conviction, the applicant must be "in custody in violation of the Constitution or laws or treaties of the United States." 28 U....

  • Pinder v. Johnson Pfc
    54 F3d 1169
    We granted en banc review in this case to define the contours of qualified immunity under 42 U.S.C. Sec. 1983 when a plaintiff alleges an affirmative duty on the part of a police officer to protect ci...

  • Jackson v. Oleary
    56 F3d 67
    Billy Jackson, an inmate at Stateville Correctional Center in Joliet, Illinois, filed a petition for a writ of habeas corpus based on the alleged ineffective assistance of the public defender who repr...

  • United States v. D Boyd
    55 F3d 667
    Appellant Corey D. Boyd was convicted by a jury in the United States District Court for the District of Columbia for possession with intent to distribute five or more grams of crack cocaine and for po...

  • Standing v. Yagman
    55 F3d 1430
    Never far from the center of controversy, outspoken civil rights lawyer Stephen Yagman was suspended from practice before the United States District Court for the Central District of California for im...

  • United States v. Marulanda
    56 F3d 74
    Before: CUMMINGS, SCHROEDER, and RYMER, Circuit Judges MEMORANDUM Carlos Marulanda appeals from his conviction for conspiracy to import and distribute cocaine, 21 U.S.C. Secs. 846 and 963, based pr...

  • Neal v. United States
    56 F3d 65
    Before: MILBURN and BATCHELDER, Circuit Judges, and TODD, District Judge. Perry F. Neal, a pro se federal prisoner, appeals a district court judgment dismissing his motion to vacate, set aside, or ...

  • Stevens v. United States
    56 F3d 65
    Before: SILER and DAUGHTREY, Circuit Judges, and ZATKOFF, District Judge. John Robert Stevens, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate sentence fil...

  • United States v. 40508923 Us Currency
    56 F3d 41
    Charles Wesley Arlt, Lompoc, CA, and James Eli Wren, Lompoc, CA, pro se, for claimants-appellants. Mark A. Feldman, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee. Jeffry K. Finer, Fine...

  • Jordan v. D Majurin
    56 F3d 64
    Ronald L. Jordan, a pro se Michigan prisoner, appeals a judgment for the defendants in his amended civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the co...

  • Crossty Iii v. J Brigano
    56 F3d 64
    William Crossty, III, a pro se Ohio prisoner, appeals a district court judgment dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. The case has been referred t...

  • Borch v. J Hluchaniuk
    56 F3d 60
    Appellant appeals from the district court's order accepting the recommendation of the magistrate judge and dismissing her 42 U.S.C. Sec. 1983 (1988) complaint as frivolous pursuant to 28 U.S.C. Sec. 1...

  • Burks v. Harris
    56 F3d 64
    Willie Burks appeals the district court's order granting defendants' motion for judgment as a matter of law in his Section 1983 suit. Because we find no constitutional violation occurred, we AFFIRM t...

  • Robinson v. Audi Aktiengesellschaft Nsu
    56 F3d 1259
    Winton D. Woods, Tucson, AZ (Ronald D. Mercaldo and Lucile D. Sherman of the Law Offices of Ronald D. Mercaldo, Ltd., Tucson, AZ., Thomas Elke, Palo Alto, CA, and Maynard I. Ungerman, Ungerman & I...

  • United States v. D Boyd
    54 F3d 868
    Jannazzo D. Boyd appeals his conviction on one count of possessing with intent to distribute more than five grams of cocaine base, in violation of 21 U.S.C. Sec. 841(a) and (b)(1)(B)(iii). Boyd conte...

  • Mullins v. Boyle
    56 F3d 64
    Glen F. Mullins, a pro se Ohio prisoner, appeals a district court judgment dismissing his lawsuit which was construed as having been brought pursuant to 42 U.S.C. Sec. 1983. The case has been referre...

  • Johnson v. City Attorneys Office For Charlottesville Virginia
    56 F3d 61
    Appellant appeals from the district court's orders denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint and his motion for reconsideration. We have reviewed the record and the district court's ...

  • United States v. Wood
    56 F3d 63
    Wendell Wood, Errol Winter, and James Eddie Palmer appeal various aspects of their convictions and sentences under 21 U.S.C. Secs. 846 and 841(a)(1) for conspiracy to distribute powder cocaine and coc...

  • Roberts v. De Rollins L A
    56 F3d 62
    Appellant appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint for failure to exhaust state remedies. Despite being styled pursuant to Sec. 1983, we find that A...

  • Gojcevic v. Immigration and Naturalization Service
    56 F3d 64
    Immigration and Naturalization Service No. Aug-qnp-qty. PETITION DENIED. Before: MILBURN and SILER, Circuit Judges, and COOK, Chief District Judge. Pjetre Gojcevic, a Yugoslavian citizen, petit...

  • North Star Steel Company v. A Thomas Crown Cork and Seal Co Inc
    515 US 29
    The Worker Adjustment and Retraining Notification Act (WARN or Act), 102 Stat. 890, 29 U.S.C. § 2101 et seq., obliges covered employers to give employees or their union 60 days notice of a plant ...

  • Jones v. United States
    56 F3d 64
    Kenneth David Jones appeals pro se from a district court judgment that denied a motion to vacate, correct or set aside his sentence under 28 U.S.C. Sec. 2255. His appeal has been referred to a panel ...

  • Sturges v. Matthews R W Sturges P L
    53 F3d 659
    David W. Sturges, as personal representative of the estate of Robert Erik Schuck-Kolben, Gerhard P. Schuck-Kolben, and Jacqueline L. Schuck-Kolben, appeals from the district court's dismissal of his s...

  • United States v. Williams
    56 F3d 63
    This appeal arises from the conviction of J & T Coal, Inc. (J & T) on six counts of willful violation of Title 30, U.S.C. Sec. 820(d) and Title 30, Code of Federal Regulations, Sec. 75.202(b)...

  • United States v. L Jones
    56 F3d 62
    Richard L. Jones appeals from the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2255 (1988). His petition alleges several errors concerning the application of the sent...

  • United States v. McLeod
    53 F3d 322
    This appeal presents an issue of first impression in this circuit: whether 18 U.S.C. Sec. 1513(a)(1), prohibiting retaliation against witnesses, applies in civil as well as criminal cases. We answer...

  • United States v. Smith
    55 F3d 157
    The sole issue in this appeal is the effect to be given to the government's motion, made pursuant to Federal Rule of Criminal Procedure 48(a), to dismiss an indictment. Howard K. Smith appeals a judg...

  • United States v. Winn
    57 F3d 1078
    Before: FLETCHER, BRUNETTI, and T.G. NELSON, Circuit Judges MEMORANDUM Ronald Winn appeals his convictions for escape and transporting illegal aliens. We have jurisdiction and affirm. Winn was ...

  • United States v. D Flowers D
    55 F3d 218
    Defendants William D. Flowers, Sr. ("Bill Flowers") and William D. Flowers, Jr. ("Dallas Flowers") appeal their sentences following pleas of guilty to conspiracy and substantive violations of the fe...

  • No 93 2817
    55 F3d 1311
    Estaban F. Sanchez (argued), Office of the U.S. Atty., Springfield, IL, for plaintiff-appellee. Allen E. Shoenberger and Melissa Murphy-Petros, Law Student (argued), Loyola University School of Law,...

  • Moore v. Calderon
    56 F3d 39
    Respondent-Appellant's motion for stay pending appeal is DENIED. This case is expedited, and a briefing schedule will be issued shortly. Judge O'SCANNLAIN would grant the motion for stay. I resp...

  • United States v. R Spector
    55 F3d 22
    In the early 1990s, the U.S. Department of Labor began an investigation of defendant Michael Spector and of David Murray and Bernard Mintz, suspecting them of having submitted false statements in conn...

  • United States v. Arnold
    56 F3d 62
    Jerry Lewis Arnold appeals his conviction for conspiring to possess with intent to distribute cocaine base in violation of 21 U.S.C. Sec. 846 (1988), possession with intent to distribute cocaine base ...

  • Ortiz v. Dr McBride
    56 F3d 67
    Jorge Ortiz, an Indiana inmate, was disciplined for an infraction of prison rules by the Indiana Prison Conduct Adjustment Board. He filed a petition for a writ of habeas corpus in federal district c...

  • United States v. Nunez Felix
    57 F3d 1078
    Our review of the record reveals that the confession was the centerpiece of the prosecution. The Government's attorney referred to it repeatedly during trial. It was the only evidence directly linki...

  • United States v. G Chapel
    55 F3d 1416
    We granted en banc review of this case to consider whether to overrule our decision in United States v. Harvey, 701 F.2d 800, 803-04 (9th Cir.1983), which held that the Fourth Amendment requires that ...

  • Maher v. United States
    56 F3d 1039
    This appeal presents a single question of law: Is a plaintiff who enters federal land to work a mining claim an invitee or a licensee under Arizona tort law? The district court held that the plaint...

  • United States v. Brooks
    56 F3d 78
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10t...

  • United States v. E Garcia
    56 F3d 418
    The United States brings this interlocutory appeal from a ruling entered April 28, 1994 in the United States District Court for the District of Connecticut, Alan H. Nevas, Judge, that affirmed on reco...

  • Phillips v. B Vasquez
    56 F3d 1030
    It has been almost fifteen years since Richard Louis Arnold Phillips was convicted of murder and first sentenced to death, and ten years since the state supreme court affirmed his conviction and vacat...

  • United States v. J Emil
    56 F3d 65
    Before: KENNEDY and JONES, Circuit Judges, and HOLSCHUH, Chief District Judge. John J. Emil appeals his judgment of conviction and sentence on one count of transmitting false distress signals in vi...

  • United States v. L Polland
    56 F3d 776
    Polland was indicted and convicted of conspiring to possess with the intent to distribute in excess of five hundred grams of a mixture containing cocaine in violation of 21 U.S.C. Secs. 841(a)(1), 846...

  • United States v. Williams
    56 F3d 63
    George Edward Williams, Jr., Michael Elroy Wade, Dale Kevin Johnson, and Constantine Dexter McKenzie were convicted of conspiring to possess with the intent to distribute and to distribute cocaine bas...

  • United States v. Nichols
    56 F3d 403
    Howard Mason appeals from a judgment of conviction and sentence entered in the United States District Court for the Eastern District of New York (Edward R. Korman, District Judge) after a jury trial. ...

  • St Paul Fire Marine Insurance Company v. Fh
    55 F3d 1420
    * F.H. and her son K.W. appeal a district court order granting St. Paul Fire and Marine Insurance Company summary judgment in this declaratory judgment action. The district court held that an insuran...

  • United States v. Sahhar
    56 F3d 1026
    The United States appeals the district court's ruling on the constitutionality of John George Sahhar's confinement under 18 U.S.C. Sec. 4246. That statute provides for the continued hospitalization o...

  • Hansel v. Town Court For Town Of Springfield New York
    56 F3d 391
    Hansel now appeals. We conclude that the district court did not need to reach the merits of Hansel's claims, as the abstention doctrine espoused in Younger v. Harris applies on its face. In Younger...

  • Okelley v. Snow T O C E
    53 F3d 319
    Defendants/appellants, members of the Georgia State Board of Pardons and Paroles ("the Board"), appeal the district court's judgment entered in favor of plaintiff/appellee Charles A. O'Kelley ("O'Kell...

  • United States v. Wardwell
    56 F3d 78
    Before KELLY and HENRY, Circuit Judges, and BURCIAGA, District Judge. Defendant-appellant Daniel Wardwell appeals his convictions for mail fraud and making false statements on Internal Revenue Servi...

  • United States v. Godbolt
    54 F3d 232
    Contending that the district court failed to consider his mitigating role in an underlying offense, Rodafa Godbolt appeals the sentence imposed following his plea of guilty to misprision of a felony. ...

  • United States v. L Parker
    56 F3d 78
    This appeal is currently before the court on Ronald Parker's "Motion For Dismissal Of The Indictment And For Immediate Release From Custody." The court has considered this matter in light of the Supr...

  • Oregel v. Hassna
    57 F3d 1077
    MEMORANDUM Plaintiffs raise two issues on appeal. They claim that the district court erred by: (1) refusing to hold as a matter of law that the warrantless entry violated the Fourth Amendment; and ...

  • Chambers v. Simonet J
    56 F3d 77
    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); 10...

  • Morales v. M Mayer
    57 F3d 1077
    MEMORANDUM Plaintiff-Appellant Rene Samaniego Morales ("Morales") appeals the district court's grant of summary judgment to defendants in his civil rights action pursuant to 42 U.S.C. Sec. 1983. We ...

  • Lake v. L Hart Usdb
    56 F3d 77
    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); 10...

  • Wilson v. Union Pacific Railroad Company
    56 F3d 1226
    Union Pacific Railroad Company appeals from a judgment holding it liable under the Federal Employers' Liability Act (FELA), 45 U.S.C. Secs. 51-60, and awarding damages to plaintiff-appellee Steven L. ...

  • United States v. Kupka
    57 F3d 1078
    MEMORANDUM Following a jury trial, John Kupka was convicted of conspiracy to commit wire and mail fraud, 18 U.S.C. Sec. 371, mail fraud and aiding and abetting, 18 U.S.C. Sec. 1341-42, and wire fraud...

  • United States v. B Slater
    56 F3d 78
    Before EBEL and BARRETT, Circuit Judges, and KANE, District Judge. ORDER AND JUDGMENT KANE, Senior District Judge. After examining the briefs and appellate record, this panel has determined unani...

  • United States v. Lucky
    57 F3d 1078
    MEMORANDUM Kevin Lucky appeals from his sentence following entry of a guilty plea to one count of running a drug establishment in violation of 21 U.S.C. Sec. 856(a), arguing that the district court c...

  • United States v. D Watroba
    56 F3d 28
    Robert E. Edick (argued and briefed), Dearborn, MI, for petitioner-appellant. Patricia G. Blake (briefed) and Jennifer J. Peregord (argued), Office of the U.S. Atty., Detroit, MI, for respondent-app...

  • United States v. C Sheffield
    55 F3d 341
    Appellants John C. Sheffield and Dennis Zeke Crowder were convicted by a jury on two counts of wire fraud and aiding and abetting wire fraud, 18 U.S.C. Secs. 1343 and 1342. Evidence sufficiently show...

  • Meadows v. Shortt
    56 F3d 61
    Othello Walter Meadows filed this 42 U.S.C. Sec. 1983 (1988) action, claiming that his due process rights were violated when the Defendant, Sheriff Shortt, failed to protect him from the violent behav...

  • Doe v. Harvard University
    56 F3d 59
    Appellant J. Doe appeals the dismissal of her suit against Harvard University as frivolous, pursuant to 28 U.S.C. Sec. 1915(d). Doe also alleges that the district court erred in denying her request f...

  • United States v. McClain
    56 F3d 65
    Defendant-Appellant Allen Randy McClain ("McClain") appeals his conviction and sentencing in the United States District Court for the Northern District of Ohio. For the reasons stated below, we AFFIR...

  • Alonzi v. Budget Construction Company
    55 F3d 331
    We asked the parties to brief the question whether the district judge's order refusing to vacate the default judgment was final and appealable, or made the default judgment itself final and appealable...

  • United States v. Shiflett
    56 F3d 62
    Defendant-Appellant Donald Robert Shiflett appeals his sentence resulting from his guilty plea for armed robbery in violation of 18 U.S.C. Sec. 2113(a) and (d), and Sec. 2. Shiflett argues that the di...

  • United States v. Li
    55 F3d 325
    Barry Rand Elden, Asst. U.S. Atty., Rocco J. DeGrasse (argued), Office of the United States Attorney, Crim. Receiving, Appellate Div., James B. Burns, Office of the United States Attorney, Chicago, I...

  • United States v. Finlay
    55 F3d 1410
    Gordon Finlay (Finlay) appeals his conviction of two conspiracies to defraud the United States in violation of 18 U.S.C. Sec. 371, the first occurring between January and October of 1987 by transporti...

  • Mama Dangelo Inc Gillman v. Scientific Research Products Inc Of Delaware
    55 F3d 552
    This appeal originates from an adversary proceeding filed by the trustee of the bankruptcy estate of Mama D'Angelo, Inc., to avoid, as preferential transfers, two payments the debtor made to Scientifi...

  • Green v. United States
    56 F3d 67
    Ralph Green pleaded guilty in federal court to conspiracy to possess knowingly and intentionally, with intent to distribute, more than 500 grams of cocaine. He was sentenced to 78 months imprisonment...

  • Knox v. United States
    56 F3d 64
    Before: MILBURN and BATCHELDER, Circuit Judges, and TODD, District Judge. Claude B. Knox, Jr., appeals pro se a district court judgment dismissing his civil action filed pursuant to 18 U.S.C. Sec. ...

  • United States v. M Poole
    56 F3d 62
    A jury convicted Thomas M. Poole of four counts of mail theft by a postal employee in violation of 18 U.S.C. Sec. 1709 (1988). Count one charged Poole with stealing currency from a registered mail en...

  • Rennick v. United States
    56 F3d 65
    Before: MILBURN and BATCHELDER, Circuit Judges, and TODD, District Judge. Steven Rennick appeals from a judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. Sec. 2255. The ca...

  • Orlando Ospina Vargas v. United States
    56 F3d 61
    Orlando Ospina-Vargas appeals the denial of his motion for a Temporary Restraining Order (TRO), brought pursuant to 28 U.S.C. Sec. 1331 (1988) and Fed.R.Civ.P. 65. Because the act which OspinaVargas ...

  • United States v. Williams
    56 F3d 66
    Before: MILBURN and BATCHELDER, Circuit Judges, and TODD, District Judge. Glenn Vincent Williams appeals his conviction and sentence for possessing a sawed-off shotgun, in violation of 26 U.S.C. Se...

  • United States v. Hill
    56 F3d 62
    Raynard Hill entered a guilty plea to conspiracy to possess and distribute crack cocaine, 21 U.S.C.A. Sec. 841(a)(1) (West 1981 & Supp.1994), and carrying and use of a firearm in relation to a dru...

  • United States v. Pastor
    56 F3d 75
    MEMORANDUM Maria Pastor appeals her convictions for two counts of bank robbery. We affirm. The photographs in the photo spread were all of females of generally similar facial characteristics. Pas...

  • United States v. Lawson
    56 F3d 74
    MEMORANDUM Leo Clarence Lawson appeals his convictions for making false claims to a Government agency and forging endorsements on Treasury checks. We affirm. To impeach Lawson's credibility, the d...

  • United States v. Bass
    56 F3d 65
    The defendant, George Bass, pleaded guilty to possession of Dilaudid with intent to distribute and was sentenced to 30 months in prison, three years on supervised release, and a $50 special assessment...

  • United States v. Curtsinger
    56 F3d 65
    Before: JONES and NORRIS, Circuit Judges, and DOWD, District Judge. Raymond Hollis Curtsinger appeals his judgment of conviction and sentence. The case has been referred to a panel of the court pu...

  • United States v. Broussard
    56 F3d 65
    Before: JONES and NORRIS, Circuit Judges, and DOWD, District Judge. James Frank Broussard, a pro se federal prisoner, appeals a district court judgment denying his motion to correct his illegal sen...

  • United States v. Walker
    56 F3d 75
    MEMORANDUM Derrick Troy Walker appeals his conviction and sentence for possessing with the intent to distribute cocaine, in violation of 21 U.S.C. Sec. 841(a)(1), and conspiracy, in violation of 21 U...

  • People Territory Guam v. Pitts
    56 F3d 73
    MEMORANDUM Brent Colton Pitts was convicted, in Guam Superior Court, of murder and use of a deadly weapon during a felony, in violation of 9 Guam Code Ann. Secs. 16.40(a)(2) and 80.37. He appeals hi...

  • United States v. Jones
    55 F3d 289
    The district court sentenced the defendant, Jeffrey Jones, to thirty years imprisonment following his conviction on cocaine charges. On appeal, Jones argues that the court made several errors in sent...

  • Oslund v. Maass
    56 F3d 73
    MEMORANDUM * Oslund's fourth amendment, sixth amendment, and due process claims are premised on the allegation that the police began taping Oslund's conversation with Logan Conley before receiving wo...

  • United States v. McCormick
    54 F3d 214
    Defendant-Appellant Woody Hyatt McCormick, Jr. appeals the district court's decision to revoke his supervised release and sentence him to two additional years in prison based on its finding that he fa...

  • United States v. R Bruce
    56 F3d 73
    Before: BRUNETTI and KOZINSKI, Circuit Judges, and SHADUR, District Judge. MEMORANDUM Under the Speedy Trial Act, a defendant who has successfully appealed his conviction must be retried within se...

  • Olmstead v. United States
    55 F3d 316
    In 1991, Leonard Olmstead pleaded guilty to growing marijuana in a back-yard garden in violation of 21 U.S.C. Sec. 841(a)(1). On direct appeal, he challenged the sentencing court's calculation of the...

  • United States v. D Catucci
    55 F3d 15
    After a jury returned guilty verdicts against defendant-appellant Giacom D. Catucci on four toxic-waste dumping charges, the district court imposed a twenty-seven month prison sentence and Catucci app...

  • United States v. Harris
    56 F3d 74
    Before: BEEZER and TROTT, Circuit Judges, and BURNS, Senior District Judge. MEMORANDUM Defendant Harris appeals his conviction and sentence. Harris asserts the district court erred when it denied...

  • Boyer v. United States
    55 F3d 296
    Ronald Boyer petitioned the district court for collateral relief under 28 U.S.C. Sec. 2255 on the grounds that his sentence was imposed pursuant to a provision that was beyond the United States Senten...

  • United States v. Harris
    56 F3d 59
    In this case we again confront an issue that arises all too frequently: What are the consequences when the government violates Fed. R. Crim. P. 16 by failing to make timely disclosure of evidence t...

  • United States v. Hill
    55 F3d 479
    Defendant, Brian Hill, entered a conditional guilty plea to various weapons offenses. He appeals on the grounds that the district court erred by denying a motion to suppress evidence seized at his ho...

  • United States v. F McDonough
    56 F3d 381
    Defendant Edward F. McDonough, Jr. appeals from a judgment of conviction entered in July 1994, following a widely publicized jury trial in the United States District Court for the Northern District of...

  • Used Equipment Sales Inc v. Department Of Transportation
    54 F3d 862
    Used Equipment Sales, Inc., a motor carrier regulated under the Motor Carrier Safety Act of 1984, petitions for review in part of an order of the Federal Highway Administration determining that Used E...

  • United States v. Ortega Ramos
    56 F3d 65
    Defendant Juan Manuel Ortega-Ramos was convicted of unlawful possession with intent to distribute over 100 kilograms of marijuana in violation of 21 U.S.C. Sec. 841(a)(1) and travelling in interstate ...

  • United States v. Cordell
    56 F3d 65
    Defendant, Louie Cecil Cordell, entered a conditional plea of guilty for the cultivation of marijuana and appeals the district court's denial of his motion to suppress evidence seized in a search of h...

  • Glenmede Trust Company v. B Thompson
    56 F3d 476
    Before us is a Petition for Writ of Mandamus filed by a law firm and its client, a trust company which is a defendant in the underlying diversity action involving claims for breach of fiduciary duty, ...

  • United States v. Ward
    55 F3d 412
    Michael Ward pleaded guilty in 1991 to manufacturing methamphetamine, in violation of 21 U.S.C. Sec. 841, and conspiring to manufacture methamphetamine, in violation of 21 U.S.C. Sec. 846. Ward recei...

  • Vue v. Immigration and Naturalization Service
    56 F3d 75
    MEMORANDUM Nhia Bee Vue, a native and citizen of Laos, petitions for reversal of the Board of Immigration Appeals' ("BIA") order affirming the immigration judge's ("IJ") decision finding Vue deportab...

  • United States v. Moore
    55 F3d 1500
    Appellant William Earl Moore challenges the district court's enhancement of his sentence for aiding and abetting credit card fraud. We reverse and remand for resentencing. It is undisputed that Mr....

  • Featherstone v. United Parcel Services Incorporated
    56 F3d 61
    Lurenda Featherstone, an African-American Jehovah's Witness, appeals the district court's order granting summary judgment to his employer, United Parcel Service, Inc. ("UPS"), in his Title VII action...

  • United States v. H Shrader
    56 F3d 288
    In this appeal, defendants-appellants Mark Shrader and Ricky Gagnon challenge the sentences imposed upon them after they pleaded guilty to conspiring to possess marijuana with the intent to distribute...

  • Ross Yordy Construction Company v. Naylor Vi
    55 F3d 285
    Rose Ann Pepple was a secretary and bookkeeper at the Ross Yordy Construction Company between 1988 and 1991. After Yordy accused Pepple of stealing over $45,000 in company funds by way of forged chec...

  • United States v. Smith
    56 F3d 66
    The defendant, Michael Anthony Smith, appeals the district court's use of an uncounseled misdemeanor conviction that resulted in a suspended sentence for the purpose of sentencing under 18 U.S.C. Sec....

  • United States v. Livingston
    56 F3d 62
    Lonnie James Livingston was originally sentenced to serve a term of 92 months for armed bank robbery and to a consecutive term of 60 months for using a firearm in a crime of violence. We remanded for...

  • United States v. Quezada Rivera
    56 F3d 75
    MEMORANDUM Jesus Rogelio Quezada-Rivera appeals the district court's denial of his suppression motion following his conditional guilty plea conviction for possession with intent to distribute marijua...

  • Allen v. J Figueroa
    56 F3d 70
    MEMORANDUM California state prisoner Cedric Allen filed a district court action pro se and in forma pauperis under 42 U.S.C. Sec. 1983, claiming that prison officials' actions in placing a potentiall...

  • United States v. Caulder
    56 F3d 62
    Jerrad Dewayne Caulder pled guilty to conspiracy to manufacture counterfeit federal reserve notes, 18 U.S.C. Secs. 371, 471 (1988), and was sentenced to a term of 13 months. He appeals his sentence, ...

  • Carter Smith v. Oe Shires
    56 F3d 60
    Charles Carter, the administrator of the estate of Terry Smith, brought this action against Deputy Sheriff O.E. Shires and Sheriff Jerry Caldwell. The estate alleges that, in causing Smith's death, S...

  • United States v. Johnson Dix A
    54 F3d 1295
    This case is about a drug deal gone sour, leading to a shooting and then to an extortion attempt. Deborah Johnson-Dix, Carlos Meyers, Darrell Walton, and Garrett Thompson were charged with possession...

  • United States v. Thomas
    55 F3d 144
    Jerome Thomas, Jr. appeals from his conviction on three counts of an indictment charging him with conspiracy to possess with intent to distribute and to distribute cocaine base and heroin, 21 U.S.C. S...

  • United States v. Stokes
    56 F3d 62
    Andre Charles Stokes appeals the 24-month sentence reimposed by the district court after his case was remanded for resentencing. We affirm. Stokes was originally sentenced to serve 24 months after ...

  • United States v. G Peck
    56 F3d 65
    The defendant-appellant, Bruce Peck, pleaded guilty to one count of preparing a false income-tax return and three counts of failure to pay income tax. He received a 23-month prison sentence for the f...

  • Greene v. United States
    56 F3d 64
    Before: MILBURN and SILER, Circuit Judges, and COOK, Chief District Judge. This pro se federal prisoner appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 ...

  • Mehojah v. R Drummond Rc
    56 F3d 1213
    In this diversity action, William and Fredricka Mehojah appeal from the district court's exclusion of certain evidence in their negligence action against Charles Drummond, as the representative of the...

  • United States v. Brown
    56 F3d 65
    A jury convicted Peter George Brown of various drug-related offenses. On appeal, he claims that his counsel's failure to renew his motion for judgment of acquittal as to every count of the indictment...

  • United States v. Carr
    56 F3d 38
    Glenn Demon Carr was convicted of possession with intent to distribute 66.92 grams of cocaine base in violation of 21 U.S.C. Sec. 841(a)(1). Because Carr had been convicted of two prior felony contro...

  • Finora Company Incorporated v. Amitie Shipping Limited
    54 F3d 209
    The issue in this admiralty case is whether vessel owners with contractual liens on subfreights owed to charterers of their vessels must give actual notice of those liens to third-party obligors. Bec...

  • United States v. K Jackson
    56 F3d 65
    The defendant, Kenard Jackson, appeals his conviction and sentence imposed following a jury verdict finding him guilty of aiding and abetting possession with intent to distribute crack cocaine, in vio...

  • United States v. J Ratiff
    56 F3d 1532
    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 ...

  • Mansur v. Vance
    56 F3d 64
    Before: JONES and RYAN, Circuit Judges, and MATIA, District Judge. Sharif R. Mansur, a pro se Tennessee prisoner, appeals a district court order dismissing his civil rights complaint filed pursuant...

  • Eason v. Komer B
    56 F3d 64
    Before: MILBURN and SILER, Circuit Judges, and COOK, Chief District Judge. Steve Eason, a pro se Kentucky prisoner, appeals a district court judgment granting the defendants' motion for summary jud...

  • United States v. P Grey P
    56 F3d 1219
    In these consolidated appeals of Huey P. Grey, No. 94-3217, and his wife Ann P. Grey, No. 94-3218, we must first consider their combined contentions stemming from their convictions and sentences follo...

  • Us Term Limits Inc v. Thornton Bryant
    514 US 779
    The Constitution sets forth qualifications for membership in the Congress of the United States. Article I, § 2, cl. 2, which applies to the House of Representatives, provides: "No Person shall...

  • United States v. Rauckhorst Slain
    56 F3d 65
    The appellants appeal from their convictions for mail fraud in violation of 18 U.S.C. Sec. 1341, transportation of stolen goods in violation of 18 U.S.C. Sec. 2314, securities fraud in violation of 15...

  • United States v. W Akers
    56 F3d 73
    MEMORANDUM Akers' appointed counsel on appeal has filed a brief requesting leave to withdraw under Anders v. California, 386 U.S. 738 (1967). The brief satisfies Anders' requirements. Counsel state...

  • Urban v. Immigration and Naturalization Service
    56 F3d 75
    Petition to Review a Decision of the Immigration and Naturalization Service, INS No. Aul-vqv-uhl. DISMISSED. Before: NORRIS, WIGGINS, and FERNANDEZ, Circuit Judges MEMORANDUM Dagmar Urban, a na...

  • Morales Arevalo v. Immigration and Naturalization Service
    54 F3d 785
    MEMORANDUM Antonio Morales-Arevalo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an Immigration Judge's ("IJ")...

  • Nelson v. Angelone
    54 F3d 786
    MEMORANDUM California state prisoner Mark S. Nelson appeals pro se the district court's denial of his motion for a preliminary injunction in his 42 U.S.C. Sec. 1983 action, seeking to require prison ...

  • United States v. Smith D
    54 F3d 786
    MEMORANDUM Walter Eugene Smith appeals pro se his conviction and 64-month sentence following guilty pleas to possessing counterfeit cashier's checks, conspiracy to possess counterfeit cashier's check...

  • United States v. Daniels
    54 F3d 786
    MEMORANDUM In this consolidated appeal, Dion Lamont Daniels appeals his conviction and 210-month sentence for armed bank robbery in violation of 18 U.S.C. Sec. 2113(a), (d), and Sherard Duprees Hicks...

  • Calia v. Morrison J
    54 F3d 787
    Before KELLY and SETH, Circuit Judges, and KANE, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist...

  • United States v. Dings
    56 F3d 74
    Before: CUMMINGS, SCHROEDER, and RYMER, Circuit Judges MEMORANDUM Jeffrey Griffith Dings appeals his jury conviction for two counts of conspiracy to possess with intent to distribute marijuana in v...

  • United States v. Conner
    56 F3d 74
    Before: BEEZER and TROTT, Circuit Judges, and BURNS, District Judge. MEMORANDUM Ronald Conner appeals the sentence imposed after he pleaded guilty to six counts of unarmed bank robbery in violatio...

  • United States v. Johnson
    56 F3d 74
    Before: CUMMINGS, SCHROEDER, and RYMER, Circuit Judges MEMORANDUM Nathaniel Johnson and Abron Marcus Buchanan appeal their convictions for conspiring, 18 U.S.C. Sec. 371, and aiding and abetting ar...

  • United States v. Felton
    55 F3d 861
    Chester M. Keller (argued), Asst. Federal Public Defender, Newark, NJ, for appellant. Faith S. Hochberg, U.S. Atty., Jayne K. Blumberg, Alain Leibman (argued), Asst. U.S. Atty., Newark, NJ, for appe...

  • United States v. Blake
    55 F3d 684
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented ...

  • United States v. D Jones
    54 F3d 1285
    Fredderick D. Jones was convicted in the district court of seven counts of distribution of cocaine base in violation of 21 U.S.C. Sec. 841(a)(1). He challenges his conviction on the ground that the e...

  • United States v. J Clark
    55 F3d 9
    Defendant-appellant Craig J. Clark appeals from his sentence, claiming that the government breached its plea agreement with him. Agreeing, we remand for resentencing. On June 1, 1994, Clark waived ...

  • United States v. Abbott
    56 F3d 65
    Claiming that the district court committed errors during trial and in sentencing them, Reamonia and John Abbott appeal their convictions under 26 U.S.C. Sec. 7201 for tax evasion. Because the Abbotts...

  • Spar Gas Inc v. Ap Propane Inc
    56 F3d 65
    This is an appeal from an order dismissing an antitrust suit with prejudice after the plaintiff, which had sought a voluntary nonsuit less than three months before trial was scheduled to begin, failed...

  • Montoya v. State Of New Mexico
    55 F3d 1496
    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. Fleming
    54 F3d 774
    Robin Fleming and Kevin Proctor appeal their criminal sentences. Fleming and Proctor contend that the district court misapplied the sentencing guidelines in resentencing them. We consolidate their a...

  • United States v. Taualii
    56 F3d 75
    MEMORANDUM Faamanatu Taualii, Ka Seiuli, and Khoi Tran appeal their jury convictions for conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. Sec. 846, and possession wi...

  • Ngaine v. Us Immigration and Naturalization Service
    54 F3d 773
    Petitioner Jedidah Caroline Ngaine seeks review of a final order of the Board of Immigration Appeals ("BIA" or "the Board") directing her deportation based on its determination that a sentence of "pro...

  • Frey v. Johnson
    54 F3d 773
    Richard Frey appeals a jury verdict rejecting his pro se claim under 42 U.S.C. Sec. 1983 that two police officers used excessive force during his arrest. He claims that the district court erred in re...

  • United States v. Bennem
    56 F3d 65
    This is an unusually sordid criminal case. The defendant, Cedric Edward Bennem, is a pimp who allegedly kidnapped a prostitute at gunpoint in January of 1991, beat her with a two-by-four, and forced ...

  • United States v. W Baxter
    54 F3d 774
    Jeffrey McWilliams and Charles Baxter have appealed their convictions for charges relating to a 1993 bank robbery committed in Maryland. Baxter has also challenged his sentence. For the reasons stat...

  • United States v. McSween
    53 F3d 684
    Defendant-appellant Gerry Carlyle McSween (McSween) appeals his conviction on a conditional plea of guilty to possession with intent to distribute crack cocaine after the district court denied his mot...

  • United States v. Yarbough
    55 F3d 280
    Richard Yarbough was convicted by a jury of seven drug and two weapons charges. The district court labeled him a career offender under section 4B1.1 of the Sentencing Guidelines and imposed an impris...

  • United States v. Maxim
    55 F3d 394
    Cornelius Maxim, Jr. was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922(g) (1988), and illegally possessing a machine gun, in violation of 18 U.S.C. Sec. 922...

  • Schroeder v. McDonald W Dps
    55 F3d 454
    Defendants-appellants ("defendants") appeal the district court's denial in part of their motion for summary judgment. Plaintiff-appellee ("plaintiff") brought suit under 42 U.S.C. Sec. 1983. The dis...

  • Gibson Greetings Inc v. National Labor Relations Board
    53 F3d 385
    This case arises from a strike called by the International Brotherhood of Firemen & Oilers, AFL-CIO at Gibson Greetings, Inc.'s Berea, Kentucky plant in the summer of 1989. The Company petitions ...

  • United States v. D Jones
    52 F3d 924
    Gregory Jones appeals from his conviction on two counts of aiding and abetting acts of extortion in violation of 18 U.S.C. Secs. 2 and 1951. The conviction stemmed from a scheme in which Jones, then ...

  • Gentner Pc v. D Shulman R J
    55 F3d 87
    Plaintiffs appeal from an order of the United States District Court for the Northern District of New York (McAvoy, C.J.) denying their motion for a preliminary injunction. Three of the plaintiffs, Ma...

  • Hardin v. Hayes T F Wa Rl
    52 F3d 934
    The City of Gadsden, Alabama (the "City"), appeals from a jury verdict in favor of Josephine Hardin, as personal representative for the estate of Edie L. Houseal, a jail inmate who died while incarcer...

  • Trm Inc v. United States
    52 F3d 941
    This case arises out of the permanent disqualification of a grocery store from participation in the federal food stamp program because two of the store's employees allegedly accepted food stamps in ex...

  • United States v. Guimond
    54 F3d 777
    The defendant appeals the district court's order revoking his pretrial bond and ordering his continued detention pending trial. Before the court are the appellate briefs of both the defendant and the...

  • United States v. Smith
    54 F3d 775
    Appellant appeals from the denial of his motion for relief from the judgment of the district court denying his habeas corpus petition. For the reasons that follow, we affirm. * O'Dell Smith pled gu...

  • Murphy v. Immigration and Naturalization Service
    54 F3d 605
    Travis Murphy petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming the determination of the immigration judge ("IJ") that Murphy is deportable to Jamaica, pursuant ...

  • United States v. Yrlas
    54 F3d 777
    The defendant, Marcos Yrlas, appeals his sentence of 36 months' incarceration, imposed as a result of the district court's determination that Yrlas had violated the conditions of his supervised releas...

  • United States Of America v. G Reed
    54 F3d 775
    Billy G. Reed appeals his conviction and sentence for possession of cocaine base with intent to distribute in violation of 21 U.S.C.A. Sec. 841(a)(1), (b)(1)(B) (West 1981 & Supp.1994). On appeal...

  • United States v. Aman
    54 F3d 779
    Defendant Reinhold Aman was first sentenced to 27 months' imprisonment following a conviction for mailing threatening communications, in violation of 18 U.S.C. Sec. 876, to his ex-wife, and to the jud...

  • United States v. Adebanjo
    54 F3d 774
    Appellant Kolawole Adebanjo (Adebanjo) was indicted for possession with intent to distribute 100 grams or more of a controlled substance containing heroin. See 21 U.S.C.A. Sec. 841(a)(1) (West 1972)....

  • Reynolds v. S Chater
    54 F3d 774
    Mary Reynolds appeals the denial of her applications for disability insurance benefits and supplemental security income. We conclude that substantial evidence supports decision of the Administrative ...

  • Bowling v. Chairman Virginia Parole Board
    54 F3d 772
    Appellant appeals from the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. We have reviewed the record and the district court's opinion, and find no reversible error...

  • United States v. Collins
    54 F3d 774
    Shawn Collins (Collins) appeals his conviction of one count of possession with intent to distribute cocaine base. Collins contends that the district court abused its discretion in admitting, under Fe...

  • United States v. Capadona
    54 F3d 788
    Defendant-appellant James Capadona appeals the district court's denial of his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255. Because Mr. Capadona has not shown that h...

  • Vines v. United States
    54 F3d 778
    Before: JONES and RYAN, Circuit Judges, and MATIA, District Judge. This pro se federal prisoner appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. S...

  • Zhang v. Slattery and C
    55 F3d 732
    The INS challenges the district court's order remanding Zhang's case to the Board of Immigration Appeals ("BIA") for further consideration. Zhang's petition challenged a March 22, 1994 decision of th...

  • Alexander v. Ieyoub
    52 F3d 554
    Plaintiff-Appellant Becky H. Alexander (Alexander) appeals the district court's dismissal of her 42 U.S.C. Sec. 1983 suit against the Defendants-Appellees, the former and current parish district attor...

  • Marquez Salas v. United States
    56 F3d 72
    MEMORANDUM In 1983, Benjamin Marquez-Salas, a Mexican citizen, entered the United States without inspection. He worked at various jobs saving money to relocate his family to the United States. In 1...

  • United States v. D Pinella
    56 F3d 75
    MEMORANDUM Joseph D. Pinella appeals his conviction following entry of a guilty plea to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Secs. 841(a) (1) and 846. Pi...

  • United States v. Sehorn
    56 F3d 75
    MEMORANDUM Bobby Lee Sehorn appeals his conviction, following a jury trial, for use of a firearm during and in relation to a crime of violence in violation of 18 U.S.C. Sec. 924(c). Sehorn pleaded g...

  • United States v. Stout
    56 F3d 75
    MEMORANDUM George Royal Stout, after remand from this court for resentencing, appeals his sentence for aiding and abetting the manufacture of methamphetamine in violation of 21 U.S.C. Sec. 841(a)(1) ...

  • Anderson v. R Hallahan
    56 F3d 70
    MEMORANDUM Arizona prisoner Donald L. Anderson appeals pro se the district court's denial of his habeas corpus petition brought under 28 U.S.C. Sec. 2254. Anderson contends that the district court s...

  • United States v. Beverly
    56 F3d 67
    Nathaniel Beverly, Jr., pleaded guilty to bank robbery, 18 U.S.C. Secs. 2113(a), and was sentenced to a ninety-two-month term of imprisonment to be followed by a three year term of supervised release....

  • United States v. Hampton
    56 F3d 67
    A jury convicted Charles Hampton, Jr., of conspiracy to transport stolen property across state lines. The district court sentenced him to 44 months imprisonment and three years supervised release, an...

  • United States v. E Bintzler
    56 F3d 67
    Kirk E. Bintzler pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g), and was sentenced to 75 months in prison. On appeal Bintzler challenges the district...

  • United States v. Podmenik
    56 F3d 75
    MEMORANDUM Michael Podmenik appeals the district court's denial, following an evidentiary hearing, of his motion to set aside his conviction and to vacate his sentence for narcotics convictions pursu...

  • United States v. D Davis
    56 F3d 74
    MEMORANDUM William D. Davis appeals his sentence of 151 months imposed after we remanded his case for resentencing. Davis was convicted, following a jury trial, for conspiracy to distribute and dist...

  • Cooper v. J Palmieri M
    56 F3d 70
    MEMORANDUM Sonya L. Cooper ("Cooper") appeals the district court's grant of partial summary judgment in favor of Officer Jeffrey Palmieri ("Palmieri"), Officer Mark Foisie ("Foisie"), and Inspector A...

  • United States v. Norland
    56 F3d 74
    MEMORANDUM Richard Hans Norland appeals the restitution portion of the sentence imposed following his guilty plea to conspiracy to commit wire fraud in violation of 18 U.S.C. Secs. 371 and 1343. Nor...

  • James v. D Marshall
    56 F3d 71
    MEMORANDUM Wendell James, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. Following a jury trial, James was convicted of first ...

  • Mathers v. Angelone
    56 F3d 72
    MEMORANDUM James Emerald Mathers, a Nevada state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. Mathers pleaded guilty to attempting to obtain money under ...

  • Oliver v. San Francisco Police Department
    56 F3d 72
    MEMORANDUM Emmett M. Oliver, a California state prisoner, appeals pro se the district court's 28 U.S.C. Sec. 1915(d) dismissal of his 42 U.S.C. Sec. 1983 civil rights action against Officers Charles ...

  • Swan v. Cochran Iii
    56 F3d 73
    MEMORANDUM William Orr Swan and Kathleen Swan appeal pro from the district court's order of dismissal. On appeal, they contend that the district court erred by dismissing their claims against defend...

  • Peek v. Golden Nugget Hotel and Casino
    56 F3d 73
    MEMORANDUM Barbara Peek appeals the district court's decision pursuant to Fed. R. Civ. P. 37(b)(2)(c) dismissing for multiple discovery failures her personal injury action brought against the Golden...

  • United States v. Carrillo Colorado
    56 F3d 73
    MEMORANDUM Saul Carrillo-Colorado appeals his guilty plea conviction for illegal re-entry into the United States in violation of 8 U.S.C. Secs. 1326(a) and (b)(1). Carrillo-Colorado contends that th...

  • Sittman v. United States
    56 F3d 73
    MEMORANDUM Dennis J. Sittman, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence. Sittman contends that: ...

  • People Of Territory Of Guam v. M Viloria
    56 F3d 73
    MEMORANDUM A jury convicted Vincent M. Viloria on one count of Second Degree Criminal Sexual Conduct (9 G.C.A. Sec. 25.20), three counts of Third Degree Criminal Sexual Conduct (9 G.C.A. Sec. 25.25),...

  • Fierro Leon v. Immigration and Naturalization Service
    56 F3d 71
    MEMORANDUM Victor Manuel Fierro-Leon, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals ("BIA") which (1) vacated the immigration judge's ("IJ") dec...

  • Hodges v. United States
    56 F3d 71
    MEMORANDUM** Michael Dale Hodges, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to modify, vacate or set aside his 168-month conviction. Hodges con...

  • Gulley v. Rockford Memorial Hospital
    56 F3d 67
    Felicia Gulley, a medical transcriptionist for the Rockford Memorial Hospital, filed an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e, et seq. and 42 U.S.C. Sec. 1981 ag...

  • United States v. Lattimore
    56 F3d 74
    MEMORANDUM Georgette Lattimore appeals her sentence of 24 months imposed following revocation of her supervised release. Lattimore contends that when imposing her sentence, the district court failed...

  • Manion v. United States
    56 F3d 72
    MEMORANDUM Myron Lee Manion appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 petition. Manion was sentenced to 78 months imprisonment following a guilty plea to possession with ...

  • United States v. Siotos
    56 F3d 75
    MEMORANDUM Philip Siotos appeals his jury conviction and sentence under the Sentencing Guidelines for conspiracy to distribute and possess with intent to distribute cocaine, in violation of 21 U.S.C....

  • United States Of America v. David Ray
    55 F3d 685
    This cause came to be heard on appeal from the United States District Court for the District of Columbia, and was briefed and argued by counsel. The issues have been accorded full consideration by th...

  • United States v. A Abrams
    54 F3d 764
    Defendant-appellant Winston Abrams appeals the denial of his motion to dismiss an indictment charging illegal reentry of a deported alien under 8 U.S.C. Sec. 1326(b)(1). We affirm. Abrams, a citiz...

  • Klingenhofer v. United States
    56 F3d 71
    MEMORANDUM Federal prisoner David F. Klingenhofer appeals pro se the district court's denial of his motion brought under 28 U.S.C. Sec. 2255 to correct the sentence imposed upon him for receiving sto...

  • United States v. Swearingen
    56 F3d 75
    MEMORANDUM On December 6, 1993, three or four men wearing black clothing and ski masks or face paint, each about 5'8" tall, robbed the Colonial Bank in Merlin, Oregon. The robbers left one fake gun ...

  • United States Of America v. Gary Lynn Tucker
    56 F3d 75
    Before: BROWNING, REAVLEY, and NORRIS, Circuit Judges MEMORANDUM Appellant Gary Lynn Tucker argued below that he and the Assistant United States Attorney ("AUSA") prosecuting him had entered a vali...

  • Blankenship and Associates Inc v. National Labor Relations Board
    54 F3d 447
    Almost two years ago we enforced a remedial order that the Labor Board had entered against Rayford Blankenship, a labor-relations consultant, and his company. Blankenship & Associates, Inc. v. NL...

  • Lewis v. Ylst
    56 F3d 71
    MEMORANDUM Donald Ray Lewis, a California state prisoner sentenced under California's Indeterminate Sentencing Law (ISL), appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas ...

  • United States v. Brinson
    54 F3d 774
    Dana Brinson appeals from his conviction pursuant to 21 U.S.C.A. Sec. 846 (West 1981 & Supp.1994) for conspiracy to possess with intent to distribute cocaine. We affirm. First, Brinson contends...

  • United States v. Techno Engineering and Construction Ltd
    56 F3d 75
    MEMORANDUM 1. Jury Instruction 6A correctly stated the law. The victims of mail fraud need not suffer an actual monetary loss. United States v. Dischner, 974 F.2d 1502, 1521 (9th Cir. 1992). It i...

  • Ortiz Casanova v. United States
    54 F3d 764
    Appellant Jose A. Ortiz Casanova, acting pro se, moved to vacate, modify or correct his sentence pursuant to 28 U.S.C. Sec. 2255. Ortiz maintains that the district court erred in dismissing all his c...

  • Smith v. McCaughtry
    54 F3d 779
    Vances Smith, an inmate at the Waupun Correctional Institution (WCI) in Wisconsin, brought suit against the defendants under 42 U.S.C. Sec. 1983 alleging violations of his procedural due process right...

  • United States v. Nardi
    56 F3d 74
    MEMORANDUM Joseph John Nardi appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to one count of bank robbery, in violation of 18 U.S.C. Sec. 2113(a). Nardi conten...

  • United States v. Higa
    55 F3d 448
    Zane Higa was a customer service representative for Northwest Airlines. His duties included meeting incoming international flights and checking planes after the passengers had disembarked for things ...

  • Lively v. Gomez
    56 F3d 72
    MEMORANDUM California state prisoner Dayon Lively appeals pro se the district court's dismissal without prejudice of his 42 U.S.C. Sec. 1983 action for failure to keep the court apprised of his curre...

  • Shand v. P W Keohane
    54 F3d 779
    Plaintiff Leonard Shand, an inmate at the United States Penitentiary at Terre Haute, Indiana, appeals from a district court order entering summary judgment in favor of the defendant prison officials i...

  • United States v. S Waldron
    53 F3d 680
    Thomas S. Waldron ("Waldron") appeals his conviction and sentence on six counts of making a false statement on loan documents to a bank in violation of 18 U.S.C. Sec. 1014. We affirm. In 1981, Wald...

  • Wu v. International Business Machines Corporation
    56 F3d 75
    MEMORANDUM Bryan C. Wu appeals pro se the district court's dismissal for failure to prosecute and for failure to obey discovery orders, pursuant to Fed.R. Civ. P. 37 and 41, of his action against his...

  • King v. Champion
    55 F3d 522
    Petitioner Doyle Kent King appeals the district court's order of August 9, 1993, denying him habeas relief under 28 U.S.C. Sec. 2254 on his claim that state court delay in adjudicating his direct crim...

  • Prater v. Commissioner Of Internal Revenue
    55 F3d 527
    Petitioner Ronald R. Prater appeals from a decision of the United States Tax Court. The only issue on appeal is whether deductions petitioner took on his federal income tax returns following a divorc...

  • Doolin Security Savings Bank Fsb v. Federal Deposit Insurance Corporation
    53 F3d 1395
    Doolin Security Savings Bank, F.S.B. (Doolin), appeals a decision by the Board of Directors of the Federal Deposit Insurance Corporation (Board) to terminate Doolin's insured status. We affirm. Do...

  • United v. Certain
    55 F3d 78
    Forfeiture proceedings, because they permit the Government in a civil action to seize property linked with criminal activities, often raise troublesome legal issues. In defending this civil action to...

  • United States v. D Reeves
    56 F3d 75
    MEMORANDUM Yusuf D. Reeves appeals the district court's revocation of his supervised release for violating the conditions of his release by possessing cocaine with the intent to distribute. He conte...

  • Term Auto Sales Inc v. City Of Cleveland
    54 F3d 777
    Section 601.15 of the codified ordinances of the City of Cleveland provides for the inspection of vehicles and vehicle parts at certain enumerated locations for the purpose of locating stolen motor ve...

  • Evans v. C A Turner
    54 F3d 779
    Petitioner Randall Evans, an inmate in the federal prison at Marion, Illinois, raises due process challenges in this habeas action filed pursuant to 28 U.S.C. Sec. 2241 to a prison disciplinary procee...

  • Collins v. Jabe
    54 F3d 776
    E. Tyrone Collins, also known as Eric Tyrone Peoples, 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...

  • United States v. West
    54 F3d 775
    James West pled guilty to one count of distributing crack cocaine, 21 U.S.C.A. Sec. 841 (West 1981 & Supp.1994). He appeals his sentence of 140 months on the ground that the district court clearl...

  • United States v. Hope
    56 F3d 67
    Defendant Sam Hope pled guilty to unlawful possession of firearms by a convicted felon, 18 U.S.C. Sec. 922(g)(1), and he was sentenced to 87 months' imprisonment. Defendant challenges his sentence. ...

  • Morton v. Greer H P Jw
    61 F3d 906
    Plaintiff Gary W. Morton, a state prison inmate, filed this civil rights action pursuant to 42 U.S.C. Sec. 1983, alleging Eighth Amendment cruel and unusual punishment violations and alleging Fourteen...

  • United States v. Waight
    56 F3d 75
    MEMORANDUM Carol Waight appeals her sentence under the Guidelines imposed following her conviction for interference with commerce by threats of violence and aiding and abetting, in violation of 18 U....

  • United States v. D Morris
    54 F3d 779
    Herbert D. Morris, Jr. was convicted of possession of heroin with intent to distribute, 21 U.S.C. Sec. 841(a), and was sentenced to 131 months' imprisonment. On direct appeal, Morris challenges the s...

  • Hankins v. United States
    54 F3d 779
    Ervie Hankins was convicted of conspiracy to possess cocaine with intent to distribute. At sentencing, the district court considered petitioner's previous five convictions over a 20-year period, and ...

  • United States v. Gatewood
    54 F3d 777
    Romele Gatewood appeals his jury conviction and sentence for making a false statement to the Navy, a department of the United States, in violation of 18 U.S.C. Sec. 1001. Gatewood challenges his conv...

  • United States v. Shilt
    56 F3d 75
    MEMORANDUM Robert Franklin Shilt, a federal prisoner, appeals pro se the district court's order striking his motion to correct an illegal sentence pursuant to Fed. R. Crim. P. 35(a) or in the alter...

  • Coley v. A Gonzales
    55 F3d 1385
    Coley, an Arizona State prisoner, appeals from the denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for conspiracy to commit first degree murder, conspiracy to hinder prose...

  • United States v. Simon
    56 F3d 75
    Memorandum Robert Simon appeals his conviction and sentence for bank robbery, in violation of 18 U.S.C. Sec. 2113(a) (1988). Simon contends that the district court erred by: (1) incorrectly instruc...

  • United States v. H Pierson Iii
    53 F3d 62
    Pursuant to 21 U.S.C. Sec. 841, a person convicted of possession with intent to distribute more than five grams of cocaine base must be sentenced to a term of imprisonment of not less than five years....

  • United States v. Moore
    54 F3d 777
    Defendant French Moore pleaded guilty to possession with the intent to distribute crack cocaine. Pursuant to his plea agreement, Moore reserved the right to appeal the denial of his previously filed ...

  • Henderson v. Pullman
    54 F3d 776
    Jerome Henderson, a pro se Ohio prisoner, 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 c...

  • Jackson v. Brigano
    54 F3d 776
    Edward Jackson, an Ohio state prisoner, moves for the appointment of counsel and appeals a district court order denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. ...

  • United States v. J Lawrence
    54 F3d 777
    This pro se federal prisoner appeals a judgment of conviction on two counts of criminal contempt in violation of 18 U.S.C. Secs. 401(3) and 2. The case has been referred to a panel of the court pursu...

  • United States v. Kirsh
    54 F3d 1062
    Defendants Joseph and Mara Kirsh, husband and wife, appeal from judgments entered in the United States District Court for the Southern District of New York, following a jury trial before Kevin Thomas ...

  • United States v. Taylor
    54 F3d 967
    A jury convicted defendant-appellant Terrence Taylor on charges that he twice had robbed federally insured banks, and had carried a firearm during and in relation to the second robbery. Deterrating n...

  • Nalley v. D Nalley F Blanton
    53 F3d 649
    In September 1992, a cassette tape was anonymously delivered to Patsy Nalley of Easley, South Carolina. When she played the tape, it revealed a telephone conversation between her husband, Louie Nalle...

  • United States v. Hernandez
    55 F3d 443
    We are called upon to decide whether the police used an alleged parking violation as a pretext to search for evidence of an unrelated, more serious offense. We hold that the stop was pretextual and t...

  • Hegarty v. Somerset County M Hegarty A
    53 F3d 1367
    On May 15, 1992, state and county law enforcement officers forcibly entered a remote cabin in the Maine woods, without a warrant, and mortally wounded plaintiff's decedent, Katherine A. Hegarty, while...

  • United States v. G Dunton
    54 F3d 764
    We have reviewed the parties' briefs and the record on appeal. We affirm the denial of appellant's motion to withdraw his guilty plea, essentially for the reasons stated in the district court's order...

  • Bowens v. Clark
    54 F3d 779
    Petitioner Gregory C. Bowens petitioned for a writ of habeas corpus, 28 U.S.C. Sec. 2254. The district court denied relief. We now affirm the judgment of the district court. Petitioner was convict...

  • Barker v. Randall
    54 F3d 785
    MEMORANDUM Terry Barker appeals the dismissal of his complaint under 28 U.S.C. Sec. 1915(d). A district court may dismiss an in forma pauperis complaint under Sec. 1915(d) as frivolous if it lacks a...

  • United States v. David Clapp
    54 F3d 774
    The Appellant, William Clapp appeals his sentence of ninety months for unlawfully possessing ammunition as a convicted felon in violation of 18 U.S.C. Sec. 922(g)(1) & Sec. 924(a)(2) (1988). Coun...

  • United States Of America v. Palmer
    54 F3d 775
    Claude Lincoln Palmer appeals the 57-month sentence imposed on him after his guilty plea to illegal reentry of a deported alien, 8 U.S.C.A. Sec. 1326 (West Supp.1994). He contends that the district c...

  • United States v. Heckard
    54 F3d 786
    MEMORANDUM Allen Ray Heckard appeals his jury conviction of distribution of cocaine base, in violation of 21 U.S.C. Secs. 841(a)(1) and 841(b)(1), and appeals his sentence. We affirm. Heckard's co...

  • Owens v. M Pettibone
    54 F3d 773
    Appellant appeals from the district court's order denying relief in this action seeking to overturn a 1968 conviction from which he has been fully released and to expunge that conviction from his crim...

  • United States v. D Owens G
    54 F3d 271
    This case involves an appeal of an injunction issued by the district court that prohibits the execution of an Ohio state court order issued under the Ohio Public Records Act. The Ohio order would req...

  • People Of Territory Of Guam v. Santos
    54 F3d 786
    Before: PREGERSON, KOZINSKI, and HAWKINS, Circuit Judges MEMORANDUM The government of the Territory of Guam appeals the decision of the Appellate Division of the United States District Court for th...

  • United States Of America v. Goulden
    54 F3d 774
    James Craig Goulden pled guilty to participating in a conspiracy to distribute marijuana and to possess marijuana with intent to distribute, 21 U.S.C.A. Sec. 846 (West Supp.1994), and was sentenced to...

  • United States v. Sanchez Montoya
    54 F3d 786
    MEMORANDUM Jose Sanchez-Montoya appeals his conviction for cocaine possession and illegal reentry into the United States. We AFFIRM. * Sanchez-Montoya argues that Operation Round #1 violated the F...

  • United States v. K Farley
    54 F3d 774
    Steve K. Farley entered a guilty plea to a charge of conspiracy to interfere with civil rights, 18 U.S.C.A. Sec. 241 (West Supp.1994), and was sentenced to serve 27 months imprisonment. He appeals hi...

  • United States v. Fowler
    54 F3d 774
    Larry Richard Fowler entered a guilty plea to one count of possession with intent to distribute less than ten kilograms of marijuana, 21 U.S.C.A. Sec. 841 (West 1981 & Supp.1994), 18 U.S.C. Sec. 2...

  • United States v. Lopez
    56 F3d 74
    MEMORANDUM Ernesto Rudolfo Lopez appeals his convictions, following a jury trial, for conspiracy to possess with intent to distribute marijuana, and possession with intent to distribute marijuana in ...

  • United States v. R Franke
    54 F3d 788
    Craig R. Franke was indicted on 15 counts of mail fraud in the District of Kansas under 18 U.S.C. 1341. Three counts were dismissed by the government prior to trial. A trial date of August 31, 1992,...

  • Giano v. Senkowski
    54 F3d 1050
    In July 1991, inmate Julio Giano's girlfriend sent him an envelope containing two semi-nude photographs of herself. Pursuant to prison policy, a prison mailroom employee confiscated the photographs. ...

  • United States v. Young
    54 F3d 775
    Herbert Earl Young pled guilty to conspiracy to possess with intent to distribute and to distribute crack cocaine, 21 U.S.C.A. Sec. 846 (West Supp.1994), and was sentenced to a term of 77 months. His...

  • United States v. B Richardson
    56 F3d 75
    MEMORANDUM Alan B. Richardson appeals his 54-month sentence, following the district court's order granting the Government's Fed. R. Crim. P. 35(b) motion for a sentence reduction. Richardson pled ...

  • United States v. Irons
    53 F3d 947
    Jack Irons and his friend Eugene Berogan were involved in a car crash when Berogan, who was following Irons, struck Irons's van. The car Berogan was driving belonged to another friend of Irons, Richa...

  • United States Of America v. Dewey Ratliff
    56 F3d 65
    The defendant, Dewey Ratliff,appeals the sentence he received after pleading guilty to transporting and receiving firearms in interstate commerce and dealing in firearms without a license, in violatio...

  • United States v. Kinzler
    55 F3d 70
    Defendant-appellant Norman Lida appeals from a judgment entered December 27, 1993 in the United States District Court for the Southern District of New York, Pierre N. Leval, Judge, that convicted Lida...

  • United States v. C Guyton
    59 F3d 173
    Cortez Guyton was convicted of one count of conspiring to distribute cocaine and cocaine base in violation of 21 U.S.C. Sec. 846 and 841(a)(1). At sentencing, the district court calculated Guyton's b...

  • United States v. Davis
    55 F3d 517
    Randall K. Rathbun, U.S. Atty. by T.G. Luedke, Asst. U.S. Atty., Topeka, KS, for plaintiff-appellee. Michael G. Katz, Federal Public Defender by Jenine Jensen, Asst. Federal Public Defender, Denver,...

  • United States v. E Delano
    55 F3d 720
    Appellant Robert Delano appeals from a judgment of conviction of the United States District Court for the Western District of New York, Arcara, J. The jury convicted Delano on five counts of a multip...

  • United States v. Marchant
    55 F3d 509
    Defendant David Wayne Marchant appeals his convictions for making a false statement in the acquisition of a firearm, 18 U.S.C. Sec. 922(a)(6), and felon in possession of a firearm, 18 U.S.C. Sec. 922(...

  • Childs v. L Trippett R R
    56 F3d 64
    Before: SUHRHEINRICH and DAUGHTREY, Circuit Judges, and HEYBURN, District Judge. Lynzell Childs, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights complaint ...

  • Henthorn v. W Hester
    56 F3d 64
    Before: SUHRHEINRICH and DAUGHTREY, Circuit Judges, and HEYBURN, District Judge. Donald Gene Henthorn appeals pro se from a district court judgment dismissing a civil rights case that he had filed ...

  • Swearingen v. Wilkinson
    56 F3d 65
    Before: NORRIS and DAUGHTREY, Circuit Judges; and CHURCHILL, District Judge. Donald L. Swearingen, pro se, appeals three district court orders dismissing his civil rights complaint which he filed u...

  • Ackerman Ii v. Warnaco Inc
    55 F3d 117
    Plaintiffs, 169 former employees of defendant Warnaco, Inc. ("Warnaco"), appeal from an order of the district court that granted summary judgment in favor of Warnaco and denied plaintiffs' cross-moti...

  • United States v. Speed
    53 F3d 643
    Joseph Ben Speed, Jr., appeals the sentence imposed by the district court following his conviction for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C.A. Sec. 846 (Wes...

  • Mallas Flint v. United States H Kolak
    54 F3d 773
    James Mallas sought an award of punitive damages against the Internal Revenue Service (IRS) pursuant to 26 U.S.C. Sec. 7431(c)(1)(B)(ii) for the unauthorized disclosures of his tax return information....

  • United States v. Duarte
    54 F3d 777
    Defendant, Domingo Ramon Duarte, appeals his conviction for possession with intent to distribute marijuana in violation of 21 U.S.C. Sec.841. His issues on appeal involve the stopping of his vehicle ...

  • Rojas v. United States
    55 F3d 61
    Appellant Julio Cesar Rojas appeals from a judgment of the United States District Court for the Southern District of New York (Duffy, J.), after a bench trial, convicting appellant of criminal contemp...

  • United States v. Forney
    54 F3d 774
    Rodney Quinton Forney appeals from a judgment convicting him of unlawful possession of a firearm. We affirm. * The district court properly denied Forney's motions for judgment of acquittal and for ...

  • City Of Edmonds v. Oxford House Inc
    514 US 725
    The Fair Housing Act (FHA or Act) prohibits discrimination in housing against, inter alios, persons with handicaps. Section 3607(b)(1) of the Act entirely exempts from the FHA's compass "any reasonab...

  • Reynoldsville Casket Co v. L Hyde
    514 US 749
    In Bendix Autolite Corp. v. Midwesco Enterprises, Inc., 486 U.S. 888, 108 S.Ct. 2218, 100 L.Ed.2d 896 (1988), this Court held unconstitutional (as impermissibly burdening interstate commerce) an Ohio ...

  • United States v. S Crawford
    52 F3d 1303
    Defendants-Appellants Margaret Crawford ("Margaret") and Edward Crawford ("Edward") appeal their convictions of violating two statutes that each proscribe the manufacture or sale of devices for the un...

  • Purkett v. Elem
    514 US 765
    Respondent was convicted of second-degree robbery in a Missouri court. During jury selection, he objected to the prosecutor's use of peremptory challenges to strike two black men from the jury panel,...

  • Ward v. Cain
    53 F3d 106
    Scheduled for execution between midnight and 3:00 a.m. on May 16, 1995, Thomas Lee Ward seeks a certificate of probable cause to appeal the denial of his petition for habeas corpus and a stay of his e...

  • United States v. Murphy
    53 F3d 93
    The defendant/appellee was charged, under 18 U.S.C. Sec. 922(q), the Gun-Free School Zones Act of 1990, with possession of a firearm in an area he knew or should have known was a school zone. While t...

  • Grillo v. National Transportation Safety Board
    56 F3d 71
    Before: HALL and LEAVY, Circuit Judges, and HOGAN, District Judge. MEMORANDUM Marco Anthony Grillo petitions for review of an order of the National Transportation Safety Board ("NTSB") affirming t...

  • United States v. Breeland Ii
    53 F3d 100
    Lucius Breeland II appeals from his conviction for possession of an unregistered firearm in violation of the National Firearms Act, 26 U.S.C. Sec. 5861(d) (1988). Finding no reversible error, we affi...

  • United States v. Hancock
    54 F3d 774
    Jacqueline Hancock appeals her conviction of conspiracy to solicit and to commit murder-for-hire. See 18 U.S.C.A. Sec. 371 (West 1966 & Supp.1995). She challenges only the sufficiency of the evi...

  • Silverburg v. McDaniel C
    54 F3d 777
    Before: KENNEDY and NORRIS, Circuit Judges, and WEBER, District Judge. Joseph L. Silverburg, a Kentucky pro se prisoner, appeals district court orders dismissing his case filed under 42 U.S.C. Sec....

  • Whitton v. City Of Gladstone Missouri
    54 F3d 1400
    The City of Gladstone, Missouri, appeals from the district court's order holding that several provisions of its sign code are impermissible restraints on free speech and therefore unconstitutional. L...

  • United States v. Ogundeko
    56 F3d 75
    MEMORANDUM Defendant, Joseph Ogundeko ("Ogundeko"), appeals his conviction on 15 counts of conspiracy, credit card fraud, mail fraud, money laundering, unlawful possession of credit cards, and posses...

  • United States v. J Hughes
    54 F3d 777
    Before: SUHRHEINRICH and DAUGHTREY, Circuit Judges, and ZATKOFF, District Judge. This federal prisoner, represented by counsel, appeals a district court judgment finding him guilty of using a firea...

  • United States v. Local United Seafood Workers
    55 F3d 64
    These consolidated appeals from decisions of the United States District Court for the Southern District of New York, Thomas P. Griesa, Chief Judge, arise from the implementation of an April 15, 1988 c...

  • United States v. Brown
    53 F3d 312
    James Mullis appeals his conviction for money laundering on the ground of insufficient evidence. We affirm the conviction. To show that Mullis laundered money, the government must prove that Mullis...

  • United States v. Hooker
    54 F3d 774
    Appellant, Sandra Hooker, appeals her conviction after a jury trial on one count of theft of government property, 18 U.S.C. Sec. 641 (1988). Finding no reversible error, we affirm. * Hooker worked ...

  • United States v. Marroquin
    56 F3d 74
    Before: BEEZER and TROTT, Circuit Judges, and SHUBB, District Judge. MEMORANDUM Elizabeth Marroquin appeals her jury conviction of importation of marijuana, in violation of 21 U.S.C. Secs. 952, 96...

  • Rhoden v. United States
    55 F3d 428
    Lyndall Rhoden brought this action for false arrest and imprisonment against the United States under the Federal Tort Claims Act ("FTCA") after being detained by the Immigration and Naturalization Ser...

  • United States v. J Sammaripa
    55 F3d 433
    Lonnie J. Sammaripa, Sr. was convicted of one count of committing assault resulting in serious bodily injury on an Indian reservation in violation of 18 U.S.C. Secs. 113(a)(7) and 1153. At his first ...

  • United States v. E Buntin
    54 F3d 774
    Appellant, Robert E. Buntin, Sr., seeks to appeal his sentence after entering a guilty plea to the interstate transportation of money taken by fraud, 18 U.S.C. Sec. 2314 (1988). Buntin argues that th...

  • Privette v. Department Of Air Force
    62 F3d 1430
    Dennis R. Privette ("Petitioner") appeals the Merit Systems Protection Board's (MSPB or Board) decision, Docket No. CH-0752-93-0312-B-1, upholding his removal as a Police Officer at the Selfridge Air ...

  • United States v. 2300000 In United States Currency
    54 F3d 777
    Before: KENNEDY and NORRIS, Circuit Judges, and WEBER, District Judge. In this civil forfeiture action brought under 21 U.S.C. Sec. 881(a)(6), claimant John Michael Williams appeals a district cour...

  • Hubbard v. United States
    514 US 695
    In unsworn papers filed in a bankruptcy proceeding, petitioner made three false statements of fact. Each of those misrepresentations provided the basis for a criminal conviction and prison sentence u...

  • United States v. Dantzler
    54 F3d 774
    Charles Dantzler, Sr., appeals from the sentence imposed pursuant to his guilty plea to distributing crack cocaine in violation of 21 U.S.C. Sec. 841(a)(1) (1988), and 18 U.S.C. Sec. 2 (1988). The pl...

  • Equality Foundation Of Greater Cincinnati Inc Home v. City Of Cincinnati E
    54 F3d 261
    In case numbers 94-3855/3973, defendant/appellant the City of Cincinnati ("the City"), and intervening defendants/appellants Equal Rights Not Special Rights ("ERNSR"), Mark Miller, Thomas E. Brinkman,...

  • Kipen v. Department Of The Navy
    56 F3d 82
    Anthony M. Kipen seeks review of the final decision of the Merit Systems Protection Board ("Board") in Docket No. AT-0752-94-0093-I-1, sustaining his removal by the Department of the Navy ("agency"). ...

  • Selinski v. Johnson
    54 F3d 777
    Before: NORRIS and DAUGHTREY, Circuit Judges; and CHURCHILL, District Judge. John Charles Selinski, a pro se Michigan prisoner, appeals a district court order denying his petition for a writ of hab...

  • United States v. Como
    53 F3d 87
    Fredrick Como appeals his conviction and sentence for possession of a firearm by a convicted felon. 18 U.S.C. Sec. 922(g). He contends that the district court erred by failing to suppress certain ev...

  • United States v. L McCullough
    53 F3d 164
    Appellant and defendant below, James McCullough, appeals his sentence for escaping from the Federal Prison Camp in Manchester, Kentucky. Appellant walked away from the camp without permission. He wa...

  • Dial v. E Murphy A
    54 F3d 776
    Before: SUHRHEINRICH and DAUGHTREY, Circuit Judges, and HEYBURN, District Judge. Daniel P. Dial appeals a district court judgment dismissing his civil rights action filed under the Federal Tort Cla...

  • United States v. Wilbon
    54 F3d 788
    John Paul Wilbon appeals from a district court order denying his motion for pretrial release pending government appeal. Our review of the district court's ruling is plenary as to questions of law, gi...

  • Starr v. Pearle Vision Inc
    54 F3d 1548
    Plaintiff-Appellant Jacqui Starr ("Starr") commenced this defamation and intentional infliction of emotional distress action against Defendant-Appellee Pearle Vision, Inc. ("Pearle Vision"), her form...

  • United States v. W Curley
    55 F3d 254
    A jury convicted Robert Curley of conspiring to possess marijuana with intent to distribute it, in violation of 21 U.S.C. Secs. 841(a)(1), 846. For this offense, the district court sentenced Curley t...

  • United States v. Shepard
    59 F3d 177
    MEMORANDUM Dale Shepard, a.k.a. Arthur Zelson, appeals his 24-month sentence imposed upon revocation of his term of supervised release. Appellant contends the district court failed to comply with th...

  • United States v. Gravely
    54 F3d 774
    On April 20, 1994, as part of an ongoing investigation into suspected drug activity by the appellant, Richard Gravely, federal drug agents in Huntington, West Virginia arranged for a cooperating witne...

  • Harris v. United States
    54 F3d 776
    Before: NELSON and DAUGHTREY, Circuit Judges; and HILLMAN, District Judge. Joseph D. Harris, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate sentence filed...

  • Lenz v. Winburn L W M
    51 F3d 1540
    Plaintiffs Donald and Shirley Lenz sued Mary Winburn, Doris Paskewitz, Elizabeth Lenz, and Volusia County, Florida under 42 U.S.C. Sec. 1983 for violation of their Fourth and Fourteenth Amendment righ...

  • United States v. Tran
    57 F3d 1081
    Defendant claims his business records and invoices were essential to the government's case because the government needed them to prove he did not have a legitimate source for the memory chips he sold ...

  • 23914g Switzer v. Wal Mart Stores Inc
    52 F3d 1294
    In this ERISA case Defendant-Appellant Wal-Mart Stores, Inc. (Wal-Mart), in its capacity as plan administrator of the Wal-Mart Stores, Inc. Health Benefit Plan (the Wal-Mart Plan), appeals from an ad...

  • United States v. N Wilkinson
    53 F3d 757
    Defendant, Bruce N. Wilkinson, appeals the findings and conclusions of the district court upon remand from the decision of this court in United States v. Wilkinson, 26 F.3d 623 (6th Cir.1994). The is...

  • Williams v. E Poulos C
    54 F3d 764
    After appellants obtained substantial relief in their lawsuit alleging illegal wiretapping in violation of 18 U.S.C. Sec. 2511(1) and Me. Rev. Stat. Ann. tit. 15 Sec. 710(1), the district court, pur...

  • United States v. Hepburn
    56 F3d 74
    MEMORANDUM Malcolm Hepburn and Robin Lucas were indicted, under 18 U.S.C. Sec. 371, of conspiracy to fraudulently obtain monies for federally insured institutions and to unlawfully possess and use cr...

  • Scarfo v. Cabletron Systems Inc Scarfo
    54 F3d 931
    The imagery, even if hyperbole in the classic sense of a figure of speech rather than an assertion to be taken literally, may nevertheless aptly call attention to the increasing intricacy of a rapidly...

  • Bronk v. Ineichen
    54 F3d 425
    After a brief but contentious tenancy, plaintiffs Alisha Bronk and Monica Jay vacated their Madison, Wisconsin, apartment and brought suit against their former landlord, Bernhard Ineichen. Plaintiffs...

  • Giraldo v. United States
    54 F3d 776
    Before: RYAN and DAUGHTREY, Circuit Judges; and HILLMAN, District Judge. This pro se federal prisoner appeals a district court judgment denying his motion to vacate, set aside, or correct sentence ...

  • United States v. D Brunson
    54 F3d 673
    The defendant, Mr. Brunson, was convicted of numerous counts of wire fraud, laundering of monetary instruments, and engaging in monetary transactions in property derived from specified unlawful activi...

  • United States v. M Manogg
    54 F3d 777
    This appeal challenges the district court's refusal to allow defendant to perform title search services during defendant's term of supervised release. Defendant is a lawyer who used a false identity...

  • United v. Real
    54 F3d 777
    Before: KENNEDY and SUHRHEINRICH, Circuit Judges; and CHURCHILL, District Judge. James Rivera, a pro se federal prisoner, appeals a district court's order denying his motion to set aside the judgme...

  • United States v. Carper
    54 F3d 777
    The Defendant-Appellant Michael Carper ("Carper") appeals his sentence for violating the terms of his supervised release. Carper argues the district court abused its discretion by imposing a sentence...

  • Motev v. Johnson R T
    54 F3d 777
    Plaintiff, Tsilina Motev, appeals the order dismissing her diversity breach of contract action as a sanction for her failure to comply with discovery orders. Motev contends that the district court ab...

  • Taylor v. E Lecureux
    54 F3d 777
    Before: BOGGS and NORRIS, Circuit Judges, and SPIEGEL, District Judge. John Mackenzie Taylor, a pro se Michigan prisoner, appeals a district court judgment dismissing his petition for a writ of hab...

  • Tharpe v. United States
    54 F3d 777
    Accordingly, the district court's judgment is affirmed pursuant to Rule 9(b)(3), Rules of the Sixth Circuit. ...

  • United States v. Edwards Iii
    55 F3d 428
    In this matter, Ray Harold Edwards, III was indicted, inter alia, for the unlawful possession of firearms in a school zone in violation of 18 U.S.C. Sec. 922(q)(1)(A) (1988 ed., Supp. V.). Edwards f...

  • Phifer v. Warden United States Penitentiary Terre Haute Indiana
    53 F3d 859
    William Phifer is an inmate moving to reopen a Petition for a Writ of Habeas Corpus. He originally filed a petition with the district court, alleging numerous errors in a parole revocation hearing. ...

  • Weeks v. E Jones
    52 F3d 1559
    This habeas case is before us for the second time. Petitioner requests emergency stay of execution and certificate of probable cause. We DENY Varnall Weeks was sentenced to death for his October 1...

  • Jojola v. Chavez
    55 F3d 488
    After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed.R.App.P. 34(f); 10th ...

  • United States v. Medrano
    56 F3d 74
    Before: SCHROEDER and KLEINFELD, Circuit Judges, and KING, District Judge. MEMORANDUM Hector Medrano was convicted of conspiracy to manufacture and distribute methamphetamine, distribution of a li...

  • Estate Of Sympson v. Commissioner Of Internal Revenue
    54 F3d 787
    After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f) an...

  • Gooding v. Stotts
    54 F3d 787
    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); 10...

  • Entrup v. City Of Central City Colorado
    54 F3d 787
    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); 10...

  • Dangerfield v. Hargett
    54 F3d 787
    Petitioner Milton Clark Dangerfield appearing pro se appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. Sec....

  • Richards v. Combined Insurance Company Of America
    55 F3d 247
    Barry and Karen Richards and other plaintiffs (collectively "plaintiffs") brought this action against defendant Credit Life Insurance Company of Ohio ("Credit Life") and its parent corporation, Combin...

  • United States v. Murray
    56 F3d 74
    MEMORANDUM Mark Lee Murray appeals his convictions for carjacking in violation of 18 U.S.C. Sec. 2119 and using a firearm during a crime of violence in violation of 18 U.S.C. Sec. 924(c). He argues ...

  • Lemme v. Immigration and Naturalization Service
    56 F3d 71
    MEMORANDUM Petitioner Ronald Albrecht Lemme appeals from an order of the Board of Immigration Appeals ("BIA") affirming the denial of his petition for asylum and withholding of deportation. For the ...

  • United States v. McElhaney
    54 F3d 777
    This is a criminal case in which a jury found the defendant, Richard Wayne McElhaney, guilty of being a convicted felon in possession of a firearm. Mr. McElhaney was also convicted on a related consp...

  • United States v. Doe
    53 F3d 1081
    We face a question of first impression under the Juvenile Delinquency Act (the "Juvenile Act"), 18 U.S.C. Secs. 5031-5042. We must decide whether an adjudicated juvenile delinquent may be sentenced t...

  • McNeal v. United States America
    54 F3d 776
    Before: NELSON and DAUGHTREY, Circuit Judges; and HILLMAN, District Judge. Bill McNeal, a pro se federal prisoner, appeals a district court order denying his motion to vacate, set aside, or correct...

  • Warth v. United States
    54 F3d 778
    Before: BOGGS and NORRIS, Circuit Judges, and SPIEGEL, District Judge. Daisy Helen Warth, a pro se federal prisoner, appeals a district court order dismissing her motion to vacate, set aside, or co...

  • United States v. Rothstein
    54 F3d 779
    Before RICHARD A. POSNER, Chief Judge, JOEL A. FLAUM, Circuit Judge, and JOHN C. SHABAZ, District Judge On June 14, 1988 defendant Harold Rothstein was sentenced in Case 87-CR-810 in the United Stat...

  • Brown v. Hearst Corporation Wcvb Tv
    54 F3d 21
    In March 1987, Regina Brown, the then-wife of appellant Willis Brown and mother of three children, disappeared. At the time Regina was employed as a flight attendant, and Willis as a pilot, for Ameri...

  • Liu v. L Waters
    55 F3d 421
    Zhen Tau Liu appeals the denial of his petition for writ of habeas corpus, in which he sought review of the Board of Immigration Appeals' ("BIA") order denying a waiver of excludability and ordering d...

  • Smith v. Samu
    54 F3d 788
    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. Boyd
    55 F3d 239
    The United States appeals from an order by the district judge granting (with the immaterial exception of minor counts against two of the defendants) a motion for a new trial by criminal defendants. 8...

  • Swartz v. Angelone
    54 F3d 786
    MEMORANDUM Alfred Swartz, a Nevada state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 claim as unripe. Swartz argues that his amended complaint states a cogniza...

  • United States v. Weir
    51 F3d 1031
    We hold that a conviction of conspiracy to possess with intent to distribute marijuana is a "controlled substance offense" for purposes of career criminal sentence enhancement under section 4B1.1 of t...

  • United States v. Jackson
    53 F3d 329
    Michael Jackson appeals his convictions for conspiracy to distribute cocaine and crack cocaine, 21 U.S.C. Sec. 846 (1988); possession of cocaine with intent to distribute, 21 U.S.C.A. Sec. 841 (West ...

  • Sylvia Deangelis v. El Paso Municipal Police Officers Association
    51 F3d 591
    The principal issue in this case is whether a jury verdict for the plaintiff in a Title VII sexual harassment case may be supported only by evidence of a few written jibes, at women police officers ge...

  • United States v. Butler
    54 F3d 788
    Defendant Victoria Velon Butler appeals her conviction for misapplication of funds from a financial institution, 18 U.S.C. 656, contending the district court improperly admitted evidence of uncharged ...

  • Smith v. J Brigano
    54 F3d 777
    Before: KENNEDY and SUHRHEINRICH, Circuit Judges; and CHURCHILL, District Judge. Leonard Smith appeals a judgment dismissing his petition for habeas corpus relief filed under 28 U.S.C. Sec. 2254. ...

  • Control Data Corporation v. Scsc Corp Control Data Coproration
    53 F3d 930
    Control Data Corporation brought this suit under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. Sec. 9601 et seq., and the Minnesota Environmenta...

  • Yates v. L Gray
    54 F3d 778
    The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R. App. ...

  • United States v. D Zegzula
    54 F3d 786
    MEMORANDUM Zegzula was convicted of tax evasion, mail fraud and making false statements to a bank. He argues that the court erred in denying his motions for a tax expert, for substitution of appoint...

  • United States v. E Wolfson
    55 F3d 58
    Defendant Louis E. Wolfson appeals from an order of the United States District Court for the Southern District of New York, John F. Keenan, Judge, denying his motion for disclosure of documents that h...

  • United States v. Zuniga
    54 F3d 786
    MEMORANDUM Carlos Briseno Zuniga appeals from his conviction following a jury trial on charges of, inter alia, conspiracy to distribute cocaine, possession of cocaine with intent to distribute, and d...

  • Bumgarner v. Middleton
    54 F3d 787
    Before KELLY and SETH, Circuit Judges, and KANE, District Judge. After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision o...

  • Villers v. Dutton
    54 F3d 777
    Before: KENNEDY and SUHRHEINRICH, Circuit Judges; and CHURCHILL, District Judge. Daniel Villers, a pro se Tennessee prisoner, appeals a district court judgment dismissing his petition for a writ of...

  • Thaqi v. Immigration and Naturalization Service
    54 F3d 777
    Before: SUHRHEINRICH and DAUGHTREY, Circuit Judges, and HEYBURN, District Judge. Mark Thaqi, a Yugoslavian citizen, petitions through counsel for review of an order of the Board of Immigration Appe...

  • Clark v. State Farm Fire and Casualty Insurance Company
    54 F3d 669
    Jack Tracy, Purcell, OK, for appellants. Mary Johnson Tidholm, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Oklahoma City, OK, for appellees, State Farm Fire and Cas. Co. and Paul Watts...

  • United States v. Young
    53 F3d 329
    Ruthven Young, Don Anthony Guerra, and Ashberth Sherran Guerra appeal the sentences they received after they were convicted of conspiracy to possess cocaine and crack cocaine with intent to distribute...

  • Swint
    51 F3d 988
    The Supreme Court has vacated the part of our prior judgment in this case that ordered the district court to enter summary judgment in favor of the County Commission on Counts I and II of the complain...

  • United States v. Martinez
    54 F3d 1040
    This appeal presents the single question whether the evidence of intent to distribute narcotics was sufficient to allow that issue to be decided by a jury. Ramon Martinez appeals from a judgment of t...

  • Walker Walker v. Cadle Company
    51 F3d 562
    In this case, we are confronted with questions surrounding the scope of bankruptcy jurisdiction. Irma J. Walker filed an adversary proceeding in bankruptcy court against the Cadle Company alleging vi...

  • Russo v. City Of Warren
    54 F3d 777
    On July 2, 1993, the district court granted summary judgment to the defendants in this Section 1983 case and dismissed with prejudice all of plaintiffs' claims. Arguing that summary judgment was inap...

  • United States v. Johnson
    53 F3d 327
    Defendant Valerie Johnson was indicted along with three others on various charges relating to a conspiracy to distribute heroin. She entered a plea of guilty to two counts of the six-count indictment...

  • United States v. J Felici
    54 F3d 504
    Rafael J. Felici appeals from his conviction for drug trafficking and unlawful firearm possession. On appeal he argues that the district court erred by failing to sever the felon in possession of a f...

  • United States v. Amwest Surety Insurance Company
    54 F3d 601
    Amwest Surety Insurance Company and Tito's Bail Bonds appeal the district court's order denying remission of a bail bond forfeiture. The bond was issued to secure the appearance of Johnny Nash at all...

  • United States v. J Ewers
    54 F3d 419
    James Ewers is a lawyer gone bad. Apparently unhappy with his status as a Madison, Wisconsin, criminal defense lawyer, Ewers decided to emulate some of his clients, so he engaged in selling cocaine. ...

  • United States v. Lyons
    53 F3d 1321
    Matthew Lyons was indicted for hiring an undercover police officer to murder a man he believed to be his wife's lover. In exchange for the government's agreement to dismiss two local-law counts and t...

  • Perez v. Sifel
    57 F3d 503
    Appellant Peter Perez, an inmate at the Westville Correctional Center, brought this action under 42 U.S.C. Sec. 1983 against several police officers. Appellant maintained that the appellee police off...

  • Bennett v. City Of Boston
    54 F3d 18
    In this pending civil rights action, the District Attorney for Suffolk County in Massachusetts seeks to appeal from an order mandating that various investigative materials in his possession be disclos...

  • United States v. Romero Carrion
    54 F3d 15
    Enrique Romero Carrion appeals the judgment of conviction and sentence entered against him for possessing cocaine with intent to distribute. See 21 U.S.C. Sec. 841(a)(1). Finding no reversible error...

  • United States v. Weaver
    53 F3d 341
    MEMORANDUM Weaver conditionally pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1) after police found a stolen firearm in the trunk of the car he was ...

  • United States v. Mason
    52 F3d 1286
    Paul Eugene Mason was convicted of importation and sale of drug paraphernalia and participation in drug distribution conspiracies in violation of federal law. After his conviction, Mason was released...

  • United States v. Bell
    54 F3d 502
    The Government appeals the district court's order suppressing cocaine base seized from Theophilis Bell. Because the district court applied an incorrect legal standard in granting Bell's motion to sup...

  • Ohio National Life Assurance Corporation v. W Crampton
    53 F3d 328
    This is a dispute about insurance coverage. Appellant Ohio National Life Assurance Corporation (Ohio National) brought a declaratory judgment action in the district court in which it sought, in part,...

  • United States v. Grier
    53 F3d 329
    Bernard Grier, R.B. Boyd, and Larry W. Galloway appeal their convictions on a number of charges relating to a large-scale cocaine trafficking conspiracy in Charlotte, North Carolina. Galloway also ap...

  • United States v. Douglas
    53 F3d 329
    The defendant, Kim Milburn Douglas, appeals his conviction of conspiracy to distribute and possess with intent to distribute cocaine and heroin, in violation of 21 U.S.C. Sec. 846, on the sole ground ...

  • United States v. Akinsanya
    53 F3d 852
    Brian W. Blanchard (argued), Office of U.S. Atty., Crim. Div., Barry Rand Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Chicago, IL, for U.S. David B. Atkins, Chicago, IL (argued), for...

  • Gilbert v. A Peters Iii
    55 F3d 237
    Plaintiffs, two individuals serving time for sexual offenses in the Illinois prison system, filed 42 U.S.C. Sec. 1983 challenges to Section 5-4-3 of the Illinois Unified Code of Corrections. This sta...

  • United States v. Grimes
    54 F3d 489
    James Grimes appeals from the revocation of his supervised release. The district court ordered him to serve 12 months after a revocation hearing at which it found that he had violated five conditions...

  • United States v. Davis
    53 F3d 638
    ARGUED: C. Cooper Fulton, Asst. Federal Public Defender, Charleston, WV, for appellant. Michael Lee Keller, Asst. U.S. Atty., Charleston, WV, for appellee. ON BRIEF: Hunt L. Charach, Federal Publi...

  • United States v. Fykes
    53 F3d 343
    After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f) and ...

  • United States v. A Stephenson L M
    53 F3d 836
    David E. Risley (argued), Rodger A. Heaton, Asst. U.S. Atty., Office of the U.S. Atty., Springfield, IL, for plaintiff-appellee. Steven C. Mills, Springfield, IL (argued), for defendants-appellants....

  • McKenzie v. Day
    57 F3d 1461
    McKenzie then filed this habeas petition in federal district court. In addition to the Lackey claim, McKenzie raised the following claims: (1) that changes made to the Montana capital punishment sch...

  • United States v. Corrado A
    53 F3d 620
    This appeal deals principally with only one issue: whether the district court properly relied upon section 1B1.11(b)(2) of the United States Sentencing Guidelines ("U.S.S.G." or "guidelines") in calc...

  • United States v. Quiroz Gutierrez
    53 F3d 341
    MEMORANDUM The defendant appeals his conviction of possession with intent to distribute methamphetamine in violation of 18 U.S.C. Sec. 2 and 21 U.S.C. Sec. 841(a)(1). The defendant bases his appeal ...

  • United States v. E Rector
    55 F3d 685
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented ...

  • United States v. T Birden
    55 F3d 684
    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 ...

  • National Labor Relations Board v. Hub Plastics Inc
    52 F3d 608
    Respondent Hub Plastics, Inc. ("Company") refused to bargain with the International Brotherhood of Electrical Workers, Local 2020, AFL-CIO-CLE ("Union"), even though the National Labor Relations Boar...

  • United States v. Edwards
    53 F3d 616
    Norman Edwards appeals from an order denying his motion to suppress evidence used to convict him for his role in credit card fraud and theft. Because we find that the evidence was obtained lawfully p...

  • United States v. Scurlock
    52 F3d 531
    Mary Scurlock, the defendant/appellant, was convicted by a jury on two counts of mail fraud and acquitted of a charge of conspiracy to commit mail fraud by participating in a scheme to commit money or...

  • United States v. Reeves
    53 F3d 341
    MEMORANDUM Jerry Bobby Reeves contests the district court's decision to admit evidence obtained during an investigatory stop; the evidence was used to convict Reeves for possession of narcotics with...

  • James v. Bray
    53 F3d 342
    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...

  • Felker v. G Thomas
    52 F3d 907
    This appeal involves the denial of habeas corpus relief, 28 U.S.C. Sec. 2254, to Ellis Wayne Felker, in connection with his 1983 murder conviction and death sentence imposed by the State of Georgia. ...

  • Emerson v. The Boeing Company
    53 F3d 342
    After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f) and ...

  • Settle v. Dickson County School Board
    53 F3d 152
    The issue before us is whether Dana Ramsey, a junior high school teacher in Dickson, a small Tennessee town, violated the free speech rights of one of her ninth grade students, Brittney Settle, by ref...

  • Matthews v. Rakiey
    54 F3d 908
    Petitioner Lloyd Matthews was convicted in August 1987 in a Massachusetts trial court of rape, assault in a dwelling with intent to commit a felony, and indecent assault and battery. After exhausting...

  • King v. Avalos
    56 F3d 80
    The Office of Personnel Management (OPM) petitions for review of an arbitrator's decision ordering the reinstatement of Martin Avalos. Avalos opposes. Avalos was employed as a plumbing foreman for ...

  • Larche v. Simons
    53 F3d 1068
    On October 10, 1989, petitioner Albert Larche was convicted by a jury in a California municipal court of two misdemeanors: corporal injury on a spouse and drawing or exhibiting a firearm. He was sen...

  • United States v. Navarrete
    60 F3d 835
    MEMORANDUM Federal prisoner Jose Navarrete appeals pro se the district court's denial of his motion brought under 18 U.S.C. Sec. 3582(c)(2). Despite Navarrete's incongruous claim otherwise, we have ...

  • United States v. C Aldridge
    56 F3d 73
    MEMORANDUM Ernest C. Aldridge appeals his two 2-month consecutive sentences of imprisonment imposed upon revocation of his term of probation. Aldridge contends the district court erred first, by ori...

  • United States v. Boyd
    53 F3d 631
    Richard Edison Boyd (Boyd) appeals his conviction on two counts of conspiracy to possess with intent to distribute and to distribute marijuana, see 21 U.S.C.A. Secs. 841(a)(1) and 846 (West 1981 &...

  • United States v. Vega Plante
    53 F3d 341
    MEMORANDUM William Thomas Plante appeals his 120-month sentence imposed following the entry of a guilty plea to conspiracy to distribute cocaine, in violation of 21 U.S.C. Secs. 841(b)(1)(A) and 846....

  • United States v. Luckett
    53 F3d 340
    MEMORANDUM Kristian Luckett appeals his 144-month sentence imposed following the entry of guilty pleas to armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) and (d), and use of a firearm durin...

  • Schmidt v. Scott
    53 F3d 343
    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. Hazelwood
    56 F3d 74
    MEMORANDUM Paul Junior Hazelwood, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. On July 30, 1992, Hazelwood pleaded guilty to armed bank robbery a...

  • Grand Jury Investigation State Of Missouri v. Wer State Of Missouri
    55 F3d 350
    These appeals arise from an order of the district court granting a petition of the State of Missouri for access to certain material related to a grand jury investigation in the Western District of Mis...

  • United States v. Rodriguez
    53 F3d 545
    Renaldo Rodriguez appeals from a conviction following a jury trial before Judge Raggi. Rodriguez was convicted on five counts: (i) possession of unregistered firearms, (ii) possession of a firearm b...

  • United States v. Hamdan
    56 F3d 74
    MEMORANDUM Sharif Kader Hamdan appeals the six-month sentence and fines imposed following his guilty plea to unauthorized acquisition of food stamps, in violation of 7 U.S.C. Sec. 2024(b), and redeem...

  • United States v. Hammond
    53 F3d 343
    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...

  • Sevilla Rivera v. Immigration and Naturalization Service
    56 F3d 73
    MEMORANDUM Eliseo Sevilla-Rivera petitions for review from the Board of Immigration Appeals' ("BIA") order affirming the immigration judge's ("IJ") decision finding him deportable and denying his app...

  • Luna v. Immigration and Naturalization Service
    53 F3d 338
    MEMORANDUM Leopoldo Luna, a native and citizen of Mexico, petitions for review of the order of the Board of Immigration Appeals ("BIA") affirming the immigration judge's ("IJ") decision finding him d...

  • United States v. G Fitzwater
    53 F3d 329
    Donnie G. Fitzwater appeals the sufficiency of the evidence to sustain his conviction on one count of filing a false 1988 tax return in violation of 26 U.S.C. Sec. 7206(1) (1988). We will not revers...

  • Khweis v. Immigration and Naturalization Service
    56 F3d 71
    MEMORANDUM Nabeel Ragi Khweis, who was born in Jerusalem when it was part of Jordan, petitions for review of the Board of Immigration Appeals' ("BIA") denial of Khweis's motion for reconsideration of...

  • United States v. Enoma Solomon Eribo
    53 F3d 332
    Defendant Enoma S. Eribo, was indicted by the United States District Court for the Western District of Tennessee. A five count superseding indictment was filed charging defendant on counts one and fi...

  • Krese v. United States
    53 F3d 331
    BEFORE: KENNEDY and SUHRHEINRICH, Circuit Judges; and HILLMAN, District Judge. Michael Krese, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate sentence file...

  • Crouse v. Chapleau
    53 F3d 331
    Before: KENNEDY and SUHRHEINRICH, Circuit Judges; and HILLMAN, District Judge. Charles Crouse, a Kentucky prisoner represented by counsel, appeals a district court judgment dismissing his petition ...

  • Bryant v. United States
    53 F3d 331
    Before: KENNEDY and SUHRHEINRICH, Circuit Judges; and HILLMAN, District Judge. Alfred Bryant appeals from an order denying a motion to vacate sentence filed under 28 U.S.C. Sec. 2255. The case has...

  • Izmailova v. St Lukes Roosevelt Hospital Center
    60 F3d 833
    MEMORANDUM Elmira Izmailova appeals pro se the district court's order denying her leave to file her medical malpractice action against St. Luke's Roosevelt Hospital Center ("St. Luke's") without prep...

  • Dorsey v. United States
    53 F3d 331
    Before: NORRIS and DAUGHTREY, Circuit Judges; and CHURCHILL, District Judge. Willie E. Dorsey, Sr., a pro se federal prisoner, appeals a district court judgment denying his motion to vacate sentenc...

  • United States v. Castillo Soriano
    53 F3d 327
    Defendant-appellant Martin Castillo- Soriano appeals from the imposition of sentence. He argues that his sixty-month sentence coincides with the statutory mandatory minimum sentence for his offense, ...

  • United States v. Vance
    53 F3d 220
    Charles Boyd Vance was charged with two counts of being a felon in possession of a firearm. See 18 U.S.C. Sec. 922(g)(1). He moved to suppress certain evidence, claiming that the evidence was the fr...

  • Young v. Us Immigration and Naturalization Service
    53 F3d 330
    Juan Young petitions for review of an order of the Board of Immigration Appeals ("the Board") dismissing his appeal. For the reasons set forth below, we deny the petition. Young, a native and citiz...

  • United States v. Keating
    53 F3d 329
    The appellant, Rohan St. Joseph Keating, was indicted with a number of others in a 49 count indictment arising out of a large cocaine and heroin operation in the Eastern District of Virginia. Keating...

  • Brydon v. Ingle
    56 F3d 70
    MEMORANDUM California prisoner Kenneth R. Brydon appeals pro se the district court's denial of his habeas corpus petition brought under 28 U.S.C. Sec. 2254. Brydon contends that his due process righ...

  • United States v. Smith Jr
    53 F3d 332
    BEFORE: NORRIS and DAUGHTREY, Circuit Judges; and CHURCHILL, District Judge. James Smith, Jr., brings a direct appeal from a judgment finding him to be in violation of a condition of supervised rel...

  • Riggins v. Walter T
    53 F3d 333
    Cortez Riggins, an inmate formerly at Menard Correctional Center, appeals the judgment in favor of the defendants, who are prison officials, in his suit filed pursuant to 42 U.S.C. Sec. 1983 for viola...

  • Estate Of Fg Holl Iv Na v. Commissioner Of Internal Revenue
    54 F3d 648
    Jack D. Flesher of Bever, Dye, Mustard & Belin, Wichita, KS, for plaintiff-appellant. Charles Bricken, Tax Div. of the Dept. of Justice, Washington, DC (Loretta C. Argrett, Asst. Atty. Gen., and...

  • Cook v. American Steamship Company
    53 F3d 733
    The plaintiff, Robert D. Cook, appeals from the judgment entered after a jury verdict in this action for negligence under the Jones Act, 46 U.S.C. Sec. 688, and for unseaworthiness. Cook brought suit...

  • United States v. Johnson
    56 F3d 74
    MEMORANDUM William Lamar Johnson Jr. appeals his conviction following a guilty plea to two counts of armed bank robbery and one count of attempted armed bank robbery in violation of 18 U.S.C. Secs. 2...

  • United States v. W Buehl
    56 F3d 73
    MEMORANDUM Lanny W. Buehl appeals his sentence after pleading guilty to second degree murder in violation of 18 U.S.C. Secs. 1153, 1111. He contends the district court erred when it refused to reduc...

  • United States v. Eleven Thousand Dollars United States Currency Hindi
    53 F3d 334
    The United States brought a civil forfeiture action for $11,000 cash seized from Shawqi Hindi when Hindi used the money to purchase food stamps illegally. The government moved for judgment on the ple...

  • Lira v. M Olivarez
    56 F3d 72
    MEMORANDUM Ernest Lira, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. Following a jury trial, Lira was convicted of first deg...

  • United States v. Knecht
    55 F3d 54
    Defendant Hannelore Knecht appeals from a judgment of conviction entered in the United States District Court for the Southern District of New York following her plea of guilty before Michael B. Mukase...

  • Jones v. B Vasquez
    56 F3d 71
    MEMORANDUM California prisoner Dennis C. Jones appeals the district court's denial of his habeas corpus petition brought under 28 U.S.C. Sec. 2254. Jones contends the district court erred by finding...

  • Montauk Oil Transportation Corp v. Tug El Zorro Grande
    54 F3d 111
    Montauk Oil Transportation Corp., owner of the oil barge CIBRO PHILADELPHIA, appeals from a judgment of the United States District Court for the Southern District of New York (Martin, J.) dismissing M...

  • United States v. Lc Lister
    53 F3d 66
    L.C. Lister, Jr. appeals from the sentencing determination of the district court, arguing that an obstruction of justice enhancement was improperly applied and that an acceptance of responsibility ded...

  • United States v. Vili
    56 F3d 75
    MEMORANDUM Vitorio Vili appeals his sentence of 37 months imposed following a guilty plea to conspiracy to defraud the United States by obtaining payments from false and fraudulent tax claims in viol...

  • United States v. Howard
    56 F3d 74
    MEMORANDUM Detrara Howard appeals his convictions in two separate jury trials and a bench trial for armed bank robbery in violation of 18 U.S.C. Secs. 2113(a), (d); use of a firearm during the commis...

  • United States v. Jernigan
    56 F3d 74
    MEMORANDUM Defendant Luke Jernigan appeals his conviction and sentence for passing counterfeit notes, in violation of 18 U.S.C. Sec. 473, and conspiracy to possess cocaine with the intent to distribu...

  • United States v. Fisher
    55 F3d 481
    Jerold D. McPhee, Salt Lake City, UT, for defendant-appellant. Bruce C. Lubeck, Asst. U.S. Atty. (Scott M. Matheson, Jr., U.S. Atty., with him on the brief), Salt Lake City, UT, for plaintiff-appel...

  • United States v. D Cox
    56 F3d 74
    Appeal from the United States District Court, for the Central District of California, D.C. No. CR 93-189 WDK(RS; William D. Keller, District Judge, Presiding. C.D.Cal. REVERSED IN PART, REMANDED I...

  • United States v. Solario
    53 F3d 341
    IN PART, DISMISSED IN PART. Before: BEEZER and TROTT, Circuit Judges, and BURNS, Senior District Judge. MEMORANDUM Jose Solorio ("Solorio") appeals his conviction and sentence imposed after he p...

  • Williams v. Reynolds
    53 F3d 343
    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...

  • Evans Iii v. Wolfe
    53 F3d 333
    Appellant Isiah Evans brought an action under the Federal Tort Claims Act ("FTCA") and the doctrine announced in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (19...

  • United States v. Faruq
    53 F3d 329
    Karim Faruq, a/k/a Charles Edward Williams, appeals his convictions and sentence for conspiracy to distribute and possess with intent to distribute heroin and cocaine, income tax evasion, money launde...

  • United States v. R Johnson
    53 F3d 831
    Arthur Johnson, now 65 years old, has had much experience with the criminal justice system. Although a full recitation of his criminal history would unnecessarily extend this opinion, we relate a bit...

  • Estate Of Ford v. Commissioner Of Internal Revenue
    53 F3d 924
    James W.R. Brown, Omaha, NE, argued, for appellants. Teresa T. Milton, Washington, DC, argued (Gary R. Allen and Teresa E. McLaughlin, on the brief), for appellee. Before LOKEN and MORRIS SHEPPARD...

  • Altmeyer v. R McBride
    53 F3d 333
    Petitioner brought an action seeking a writ of habeas corpus, 28 U.S.C. Sec. 2254. The district court denied relief, and petitioner appealed. We affirm. Petitioner is an inmate at the Correctional...

  • Porter v. A Fields
    53 F3d 342
    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. Payne
    54 F3d 788
    Before KELLY, Circuit Judge, McKAY, Senior Circuit Judge, and COOK, Senior District Judge. ORDER AND JUDGMENT H. DALE COOK, Senior District Judge. Michael Joseph Payne was indicted on a single co...

  • Voisin v. Cole
    56 F3d 75
    MEMORANDUM Alaska state prisoner John L. Voisin appeals pro se the district court's grant of summary judgment in favor of prison official Jerry Cole in Voisin's 42 U.S.C. Sec. 1983 action. Voisin al...

  • United States v. Shorter J
    54 F3d 1248
    John Shorter and Jerre Tanksley were convicted for offenses related to their membership in a cocaine distribution conspiracy. Shorter appeals both his conviction and his sentence, and Tanksley appeal...

  • Hathcock
    53 F3d 36
    Navistar International Transportation Corp. ("Navistar") appeals from a six million dollar default judgment in favor of Michael Hathcock and Sandy Hathcock entered by the district court as a sanction...

  • United States v. R Arishi R
    54 F3d 596
    Okwudiri Arishi appeals the district court's ruling on the government's Fed.R.Crim.P. 35(b) motion for reduction of sentence, arguing that the district court abused its discretion by failing to provid...

  • United States v. Bremner
    53 F3d 333
    Michael Bremner appeals the sentence imposed by the district court alleging that the district court denied his due process rights by sentencing him at the high end of the sentencing range based on the...

  • Martin v. Ontiveors
    53 F3d 342
    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...

  • Valdez v. Espaola City Of
    53 F3d 343
    The parties are familiar with the facts. Plaintiff Sheila Valdez, on behalf of her mother Plaintiff Theresa Gomez Valdez, brought a 42 U.S.C.1983 action against the City of Espaola, the Espaola Chief...

  • Kusay v. United States
    53 F3d 333
    Walter Kusay, Jr., pleaded guilty to mail fraud. Kusay says that he asked his lawyer to appeal the sentence, only to be told: "Wally, you don't have the money to appeal." No appeal was filed. When...

  • United States v. Alejandra Arvizo
    53 F3d 340
    In March 1993 Special Agent Amir Hamidi of the Drug Enforcement Agency received a tip from a confidential informant who was incarcerated at the federal prison in Pleasanton, California. The informant...

  • Perez Guerrero v. Immigration and Naturalization Service
    53 F3d 339
    MEMORANDUM Jose Ramon Perez-Guerrero is a native and citizen of El Salvador. He became a lawful permanent resident of the United States on or about April 1986. In January of 1989, he pled guilty in...

  • United States v. F Mseitef
    53 F3d 334
    Rifki Mseitef was convicted by a jury of four counts of knowingly acquiring and possessing food stamp coupons in a manner contrary to Chapter 51 of the Food Stamp Programs Act and its regulations. 18...

  • Ahonen v. Varela
    53 F3d 337
    MEMORANDUM Petri Antero Ahonen brought 42 U.S.C. Sec. 1983 and state tort claims alleging that Deputy Sheriff Enrique Varela used excessive force in arresting him. Following a pretrial evidentiary h...

  • United States v. Smith
    53 F3d 332
    Before: KENNEDY and SUHRHEINRICH, Circuit Judges; and HILLMAN, District Judge. Willford Smith appeals his convictions and sentence for conspiracy and distribution of more than five grams of cocaine...

  • Woody v. R Duckworth
    53 F3d 334
    Benjamin P. Woody, who is serving two life sentences for two counts of second degree murder, brought this pro se petition for habeas corpus relief under 28 U.S.C. Sec. 2254, alleging that his guilty p...

  • United States v. Pryor
    53 F3d 332
    Defendant, Sylvester Pryor, was convicted of three drug-trafficking crimes and use of a firearm in relation to a drug-trafficking crime. He appeals from the district court's refusal to suppress evide...

  • United States v. A Delumo
    53 F3d 333
    After pleading guilty to one count of conspiring to import heroin, the district court sentenced Phillip Delumo to 108 months imprisonment. On appeal, Delumo argues the district court erred by increas...

  • Clayton El v. B Gramley
    53 F3d 333
    James Paul Clayton-El was stripped of a year's good time credits, placed in segregation, and demoted to "C" grade after a prison disciplinary board concluded that he participated in the murder of anot...

  • Wickliffe v. A Farley
    53 F3d 334
    Lonnie Ray Wickliffe is serving a sentence of life imprisonment for first degree murder. His conviction and sentence were affirmed by the Supreme Court of Indiana, and the state courts rejected two r...

  • United States v. Acker
    52 F3d 509
    Catherine Yvonne Acker was tried by a jury and convicted of the August 18, 1992 armed robbery of a Charlotte Branch of the First Citizens Bank in violation of 18 U.S.C. Secs. 2113(a) and (d), for know...

  • Walker v. T Vaughn
    53 F3d 609
    Appellant Ronald Walker appeals the district court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. Walker's petition alleges ineffective assistance of coun...

  • United States v. Angulo Fernandez
    53 F3d 1177
    Defendant-Appellant Juan Alberto Angulo-Fernandez was convicted of possession of cocaine with intent to distribute, 21 U.S.C. Sec. 841(a)(1). He appeals his conviction, having entered a conditional p...

  • Crumpe v. Bowman
    53 F3d 328
    Appellants brought this Sec. 1983 action against Prince George's County, Maryland, and two Prince George's County police officers. By consent of the parties, the case was bifurcated, with the first t...

  • United States v. Durfee
    53 F3d 343
    Mr. Durfee, appearing pro se and in forma pauperis, appeals from the district court's denial of his motion for modification of sentence pursuant to 18 U.S.C. 3582(c)(2). He contends that the district...

  • Terrazas Jimenez v. Immigration and Naturalization Service
    53 F3d 343
    After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f) and ...

  • United States v. Garrett
    53 F3d 329
    Danny Bruce Garrett appeals from a judgment convicting him of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841. Finding that the district court committed no ...

  • In The Matter Of Frank E Knight
    55 F3d 231
    The case before us concerns the eligibility of a person filing a bankruptcy petition for relief under chapter 13 of the Bankruptcy Code. An individual may qualify as a chapter 13 debtor only if he ha...

  • Hale v. Tallapoosa County L
    50 F3d 1579
    Larry Wayne Hale appeals from summary judgments in favor of Tallapoosa County Sheriff Joe Smith, jailer Joe Flurry and Tallapoosa County (the "defendants"). Hale's 42 U.S.C. Sec. 1983 suit, based on ...

  • Tillman v. R McBride
    53 F3d 333
    Before Pell, Manion and Rovner, Circuit Judge S. In 1980 Torrence Tillman was convicted of burglary and rape in Indiana and was sentenced to thirty years of imprisonment. His conviction was affirme...

  • United States v. Puentes
    50 F3d 1567
    In this criminal appeal, we affirm the conviction and sentence, holding that a criminal defendant has standing to allege a violation of the principle of specialty, limited, however, to those objection...

  • United States v. E McKinley
    53 F3d 1170
    Mr. McKinley, facing criminal prosecution in Wyoming, undertook counter-measures that were (and are) apparently unprecedented in the annals of traditional criminal law. Mr. McKinley filed with the Co...

  • United States v. Ronayne
    53 F3d 332
    Jason Ronayne appeals from his conviction of two counts of possession of cocaine with the intent to distribute, in violation of 21 U.S.C. Sec. 841(a); one count of carrying a firearm in relation to a ...

  • Datz v. Kilgore
    51 F3d 252
    This case arises from the arrest of plaintiff, Richard Datz, by defendants, Gordy Kilgore and Dennis Kirkland, members of the Cobb County Police Department. During a burglary investigation Datz conse...

  • United States v. Verderame
    51 F3d 249
    Pellegrino Verderame appeals a conviction for conspiracy to possess with intent to distribute marihuana, and Billy Coffey appeals a conviction for conspiracy to possess with intent to distribute cocai...

  • United States v. K Tapia
    53 F3d 327
    The sole issue raised by this appeal is whether the district court erred, on remand, in denying defendant-appellant Clifford K. Tapia an additional one-level reduction in his offense level under U.S.S...

  • United States v. Lacey
    53 F3d 332
    Defendant Marcus Lacey appeals his conviction and sentence for conspiracy to possess with intent to distribute and to distribute cocaine, cocaine base, and marijuana in violation of 21 U.S.C. Secs. 84...

  • Allstate Insurance Company v. E Shuler
    53 F3d 331
    Appellants Lynn E. and Barbara Shuler, husband and wife, and Southridge Construction Management, Inc., appeal the district court's decision denying their motion for a new trial. Because the district ...

  • United States v. Bullard
    53 F3d 329
    Willie Bullard appeals from his conviction, entered pursuant to his guilty plea, for conspiring to possess with intent to distribute cocaine, in violation of 21 U.S.C. Sec. 846 (1988). Bullard's atto...

  • United States v. Humes
    53 F3d 329
    Kevin Percell Humes ("Humes") appeals from the district court's revocation of his supervised release. Because we find the objections raised on appeal without merit, we affirm the order of the distric...

  • Williams v. W Kaiser
    53 F3d 343
    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. Parcels In La Plata County Colorado
    53 F3d 341
    MEMORANDUM The instant appeal arises out of a civil action in which the government attempts to obtain several pieces of property through forfeiture pursuant to 21 U.S.C. Sec. 881. The appeals of thr...

  • United States v. Hinton
    53 F3d 334
    Before CUMMINGS, and KANNE, Circuit Judges; and WALTER, District Judge. On December 7, 1993, a grand jury in Benton, Illinois returned a two-count indictment charging the defendant, Donald Hinton ("...

  • Tavarez v. Reno Rm
    54 F3d 109
    Plaintiff-petitioner Francisco Tavarez ("Tavarez"), proceeding pro se, moves this Court for leave to proceed in forma pauperis to appeal from a judgment of the United States District Court for the Sou...

  • Kappos v. Hanks
    54 F3d 365
    James Kappos filed a petition for habeas corpus under 28 U.S.C. Sec. 2254, in which he alleged that his murder conviction was obtained in violation of the Constitution. He raises four issues on appea...

  • United States v. J Galluzzo
    53 F3d 334
    Alfred J. Galluzzo practiced as a podiatrist at the Galluzzo Foot Clinic in Janesville and Delavan, Wisconsin from 1978 to 1993. In 1994, he pled guilty to one count of submitting a false health insu...

  • United States v. Erinle
    53 F3d 334
    Oladipo Erinle, a federal prisoner appearing pro se, appeals from the denial of his motion under Fed.R.Civ.P. 60 for relief from the district court's order denying his motion under Fed.R.Crim.P. 35 to...

  • United States v. Mejias
    53 F3d 327
    Francisco Javier Mejias appeals his conviction and sentence for illegal reentry into the United States after deportation subsequent to an aggravated felony conviction, 8 U.S.C. Sec. 1326(b)(2). We a...

  • United States v. L Gruenberg
    53 F3d 214
    Micheal Gruenberg appeals from the district court's order correcting his illegal sentence. We affirm. Gruenberg was found guilty of multiple counts of wire fraud, interstate transportation of funds...

  • Sutherland v. Thomas
    53 F3d 343
    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...

  • Alfred Deblasio v. Zoning Board Of Adjustment For The Township Of West Amwell
    53 F3d 592
    This case raises important questions regarding the extent to which the due process clause of the Fourteenth Amendment may serve to protect landowners against arbitrary governmental regulation of land ...

  • 14580b Andrews v. E Shalala
    53 F3d 1035
    Raymond E. Andrews appeals the district court's entry of summary judgment for the Secretary of Health and Human Services, affirming the Secretary's denial of Supplemental Security Income (SSI) benefit...

  • United States v. McMahan Mj Mac Ag
    53 F3d 329
    In 1990, pursuant to a plea agreement, Klyne McMahan pled guilty to a single count for possession of marijuana. After the government concluded that McMahan had breached his plea agreement, he was rei...

  • Brinson v. Linda Rose Joint Venture
    53 F3d 1044
    Bradley H. Bagshaw, Helsell, Fetterman, Martin, Todd & Hokanson, Seattle, WA, for plaintiff-appellant. Lynne M. Cohee, Louis D. Peterson, Hillis, Clark, Martin & Peterson, Seattle, WA, for d...

  • United States v. Yuzary
    55 F3d 47
    Defendant-appellant Haim Yuzary appeals from a judgment entered March 9, 1994 in the United States District Court for the Eastern District of New York, Gregory W. Carman, Judge, that convicted Yuzary,...

  • Moses v. McGrath
    53 F3d 333
    Harold W. Moses was convicted by an Indiana state court of a drug offense on December 17, 1989. After he was released from state custody, Moses filed this action under 42 U.S.C. Sec. 1983 against his...

  • United States v. Blair
    54 F3d 639
    The defendant, Albert John Blair Jr., brings this appeal challenging the district court's acceptance of his guilty plea and calculation of sentence. We have jurisdiction pursuant to 28 U.S.C. Sec. 12...

  • Hadley v. P Dobucki
    59 F3d 173
    Willie B. Hadley, an inmate at the Graham Correctional Center in Hillsboro, Illinois, brought this action pursuant to 42 U.S.C. Sec. 1983 against various prison officials, alleging that the defendants...

  • Noland v. T Dixon
    53 F3d 328
    The State of North Carolina appeals the district court's conditional grant of a writ of habeas corpus, 28 U.S.C. Sec. 2254, to John Thomas Noland. For reasons that follow, the judgment of the distric...

  • United States v. Pickett
    53 F3d 343
    After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 10...

  • Salinas v. State Of Indiana
    53 F3d 333
    Carlos Salinas, a state prisoner appearing pro se, appeals from the denial of his petition for a writ of habeas corpus, 28 U.S.C. Sec. 2254, alleging that he was denied the right to confront and cross...

  • Jackson v. Clark
    53 F3d 333
    Derrick Jackson, a state prisoner appearing pro se, appeals from the denial of his petition for a writ of habeas corpus, 28 U.S.C. Sec. 2254, alleging that his guilty plea was not voluntarily or knowi...

  • United States v. Lampkins
    53 F3d 334
    Tony Lampkins was charged with transportation of a firearm and ammunition in interstate commerce in violation of 18 U.S.C. Sec. 922(g) and 924(a)(2) (Count I), possession of a firearm and ammunition i...

  • United States v. Oyairo
    53 F3d 332
    A jury convicted defendant, Augustus Oyairo, on two counts of entering into a sham marriage for the purposes of evading the immigration laws. Defendant now appeals, alleging three claims of error: w...

  • Albiso
    53 F3d 337
    MEMORANDUM I. Overview. Melvin Albiso and Aurelio Casem, Jr., appeal the district court's directed verdict and summary judgments in favor of Los Angeles County deputy sheriffs ("the deputies") on ...

  • United States v. Oquinn
    53 F3d 329
    Bascom O'Quinn and Ronnie Dale Blevins pled guilty to aiding and abetting the manufacture of marijuana. The sentencing court imposed on each the mandatory minimum sentence of sixty months imprisonmen...

  • United States v. Manzanarez Mercoda
    53 F3d 341
    Before: PREGERSON and TROTT, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM Ruben Manzanarez-Mercoda and Damien Franco-Lopez appeal their jury convictions for possession of coca...

  • United States v. M Racich
    53 F3d 341
    MEMORANDUM John M. Racich was stopped by two Tijuana police officers while traveling in Mexico. Upon discovering that he had a loaded gun in his vehicle, the officers advised him that he was under a...

  • Briggs v. Carr
    53 F3d 342
    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...

  • Bowman v. W Zavaras
    53 F3d 342
    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...

  • Bailey v. A Nelson
    53 F3d 342
    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. Webb
    53 F3d 329
    On January 6, 1993, a federal grand jury in the United States District Court for the District of South Carolina returned a six-count indictment against Tyrone Webb ("Webb"), and his codefendant, LaFaw...

  • United States v. Miller
    53 F3d 329
    Edward Leon Miller appeals his jury conviction of conspiring to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846 (1988) and 21 U.S.C.A. Secs. 841(a)(1) and (b)(1)(B) (West ...

  • United States v. Horsley
    56 F3d 50
    Appellant Marvin Jerome Horsley ("Horsley") appeals his convictions and sentences imposed by the United States District Court for the Middle District of Florida.I. Horsley was indicted by a federal ...

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