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  • This Summary
    104 F3d 352
    This cause came to be heard on the transcript of record from the United States District Court for the Southern District of New York and was submitted. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED,...

  • 4
    104 F3d 352
    This cause came to be heard on the transcript of record from the United States District Court for the Southern District of New York and was submitted. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED,...

  • United States v. D McGuire
    99 F3d 671
    We took this case en banc to consider the difficult problems attending application of United States v. Gaudin, --- U.S. ----, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995), which held that materiality is a q...

  • United States v. C Delmarle
    99 F3d 80
    Defendant John C. Delmarle appeals from a judgment entered in the United States District Court for the Western District of New York following his plea of guilty before Michael A. Telesca, Judge, convi...

  • This v. Lee
    104 F3d 352
    This cause came to be heard on the transcript of record from the United States District Court for the Western District of New York and was submitted. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ...

  • Siddiqi v. United States
    98 F3d 1427
    Siddiqi is an oncologist who, at pertinent times, practiced medicine in Elmira, New York. He was board-certified in internal medicine, oncology, and hematology. In 1973, he was approved to participa...

  • Hanson v. Putnam County Commission
    99 F3d 1129
    Robert Hanson appeals the district court's order granting summary judgment in favor of the Defendants in this action for an alleged violation of Hanson's civil rights and pendent state law claims. Th...

  • This v. Bess
    104 F3d 352
    This cause came on to be heard on the transcript of record from the United States District Court for the Eastern District of New York and was argued. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ...

  • This v. Stanislaus
    104 F3d 352
    This cause came on to be heard on the transcript of record from the United States District Court for the Eastern District of New York and was argued. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ...

  • This v. Hogan
    104 F3d 352
    This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York and was argued. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED,...

  • 2
    104 F3d 352
    This cause came to be heard on the transcript of record from the United States District Court for the Eastern District of New York and was argued. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJ...

  • This v. Sheffield
    104 F3d 352
    This cause came on to be heard on the transcript of record from the United States District Court for the Eastern District of New York and was submitted. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERE...

  • United States v. P Rohrig
    98 F3d 1506
    ROSEN, District Judge. In this case, we are called upon to determine whether police officers violated the Fourth Amendment by entering a private home without a warrant in the early hours of the morn...

  • This v. Portee
    104 F3d 352
    This cause came on to be heard on the transcript of record from the United States District Court for the Western District of New York and was argued. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ...

  • Lee v. Edwards
    101 F3d 805
    After plaintiff James K. Lee drove his car into a parked truck, defendant Michael Edwards--a police officer in Waterbury, Connecticut--went to the scene, saw that Lee was intoxicated, and tried to arr...

  • Vines v. Buchler
    101 F3d 110
    Robert Vines brought two actions against various officials at the Racine Correctional Institution alleging violations of his Eighth Amendment right to be free from cruel and unusual punishment. The d...

  • Fern v. B Gramley
    99 F3d 255
    Without a prior plea agreement, Jay Harry Fern pleaded guilty in an Illinois court in May 1989 to two counts of unlawful delivery of a controlled substance (cocaine). The court sentenced him on July ...

  • Mata v. L Johnson
    99 F3d 1261
    Petitioner-Appellant Ramon Mata, Jr., a Texas death row inmate, appeals the district court's grant of summary judgment in favor of Respondent-Appellee Gary Johnson, Director of the Texas Department of...

  • Hannah v. D Gilmore
    101 F3d 110
    Appellant Fredrick Hannah, an inmate of the Hill Correctional Center, brought this civil rights action in district court pursuant to 42 U.S.C. § 1983. Appellant claims that the warden, Appellee ...

  • Gray v. Jd Netherland Gray
    99 F3d 158
    This case comes before us on remand from the Supreme Court. We must determine whether petitioner Coleman Wayne Gray raised a claim of "prosecutorial misrepresentation" as to the nature of evidence to...

  • United States v. Gallagher
    99 F3d 329
    Defendant David Patrick Gallagher was convicted of unauthorized use of an access device in violation of 18 U.S.C. § 1029(a)(2) and bank fraud in violation of 18 U.S.C. § 1344, and sentenced ...

  • Foltice v. Guardsman Products Inc
    98 F3d 933
    This is an appeal from a denial of attorney fees in an ERISA case that arises out of a disputed claim for pension benefits. On the facts presented, as we read the record, the denial of attorney fees ...

  • United States v. E Lucas
    99 F3d 1290
    Jerry E. Lucas, Jr., convicted of misapplying bank funds through a fraudulent loan scheme in violation of 18 U.S.C. § 656, appeals from his sentence. At issue is the "amount of loss" caused by L...

  • Marfia v. Tc Ziraat Bankasi New York Branch
    100 F3d 243
    T.C. Ziraat Bankasi ("TCZB"), a Turkish bank wholly owned by the Turkish government, and Ozer Ozman, a Turkish national, appeal from a judgment in the amount of $2,274,432 entered in favor of Antonio ...

  • United States v. Troutt
    99 F3d 1144
    The Government charged Arlen Dee Troutt with conspiracy to distribute marijuana for his part in a scheme to import the drug from Mexico, pass it through Austin, Texas, and sell it in Minneapolis, Minn...

  • United States v. Steinberg
    99 F3d 1486
    Defendant David Michael Steinberg was convicted of (1) conspiracy to possess cocaine with intent to distribute (count one); (2) using or carrying a firearm during a drug trafficking crime (count two)...

  • United States v. Goggins
    99 F3d 116
    Appellant Damond Goggins appeals from a judgment of conviction and sentence in this criminal case. He limits his appeal to the contention that the district court improperly imposed a 2-level enhancem...

  • United States v. Y Boatner
    99 F3d 831
    In a scheme to defraud the Travelers Insurance Company, defendant Stephanie Boatner and three others took part in a staged automobile accident and entered the previously damaged vehicle while pretendi...

  • 3
    104 F3d 351
    On direct appeal, Shaoul challenged his conviction, arguing that the district court abused its discretion in denying his motion for a new trial and claiming that the district court's jury instructions...

  • Neal v. B Gramley
    99 F3d 841
    A state prisoner who is under sentence of death appeals from the denial of federal habeas corpus. One night back in 1982 Johnny Neal entered the home of a neighbor with whom he was friendly, Lillian ...

  • Atlas Food Systems and Services Incorporated v. Crane National Vendors Incorporated
    99 F3d 587
    The principal issue presented in this appeal is whether the district court abused its discretion in ordering a new trial unless the plaintiff agree to a remittitur of a $3-million punitive damage awar...

  • This v. Rozic
    104 F3d 351
    S.D.N.Y. AFFIRMED. RICHARD A. CANTON, Canton & Jasper, New York, NY. PAUL A. ENGELMAYER, Assistant United States Attorney, Southern District of New York, New York, NY. Present: MESKILL, C...

  • United States v. H Torres
    99 F3d 360
    After appellant David Torres was sentenced for his marijuana-related convictions, the Sentencing Commission revised the applicable sentencing guideline and lowered the sentencing range. Seeking to be...

  • Luis Tamayo v. Us Parole Commission
    101 F3d 692
    AFFIRMED. ...

  • United States v. McClinton
    98 F3d 1199
    Edward McClinton and Thomas Sanders were each charged with possession of small quantities of marijuana, which they had brought with them when they entered the United States. See 21 U.S.C. § 844....

  • United States v. Mullanix
    99 F3d 323
    Defendant Ronnie G. Mullanix appeals the district court's denial of his motion for resentencing. We have jurisdiction pursuant to 18 U.S.C. § 1291, and we affirm. Ronnie G. Mullanix pleaded gu...

  • This v. Havas
    104 F3d 352
    The following facts are not disputed. Plaintiff was arrested in Birmingham, Alabama in August, 1991 on an outstanding felony arrest warrant for "Leon Williams a/k/a Iceman." The warrant was issued ...

  • This v. Grado
    104 F3d 351
    Thomas Anzeulotto and Anthony Grado appeal from a judgment entered on January 17, 1996, in the United States District Court for the Eastern District of New York (Block, F.). Anzeulotto and Grado were...

  • This v. Lopez
    104 F3d 351
    Lopez argues here that the district court erred in denying him the two-level sentencing reduction for acceptance of responsibility (1) because it misinterpreted the presentence report as casting doubt...

  • United States v. Misher E O
    99 F3d 664
    This appeal arises from a drug conspiracy which operated in Waco, Texas, from 1989 to 1993. All the appellants were convicted and sentenced on indictments arising from this conspiracy. More specific...

  • Baldree v. L Johnson
    99 F3d 659
    Appellant Ernest Orville Baldree requests a certificate of probable cause from this Court in order to appeal the district court's denial of his petition for writ of habeas corpus. The district court ...

  • United States v. Schmidt
    99 F3d 315
    The district court found that Lonnie G. Schmidt ("Schmidt") violated the terms of his supervised release and probation by failing to turn over financial records requested by his probation officer. Th...

  • Campbell v. Rw Towse
    99 F3d 820
    Gregory Campbell, a lieutenant with the City of Alton Police Department (Department) in Alton, Illinois, was suspended with pay for nine days after he wrote a letter to Chief of Police Sylvester Jones...

  • 15606b Smith v. S Chater
    99 F3d 780
    This is an appeal by the Commissioner of Social Security. Since being involved in a February 1981 automobile accident, plaintiff Michael Smith has had numerous physical ailments, some of which have ...

  • Beldotti v. Boisvert
    99 F3d 1128
    On de novo review of the issues, we agree that plaintiff's § 1983 claims are barred by the borrowed three-year state limitations period for tort actions. The complaint seeks monetary damages ari...

  • United States v. Mason
    99 F3d 1132
    Dwight Mason appeals the district court's order revoking his term of supervised release and imposing a sentence of eight months imprisonment. He contends that the court clearly erred in finding that ...

  • United States v. Hall
    99 F3d 1132
    Pursuant to written plea agreements, Aland Tracy Hall and Andre Terry Hall pled guilty to conspiracy to possession with intent to distribute and distribution of cocaine base in violation of 21 U.S.C.A...

  • 2
    99 F3d 1132
    Pamela Williams appeals her conviction for possessing with the intent to distribute cocaine base, 21 U.S.C. § 841(a)(1) (1994). She argues that the district court erred by denying her motion to ...

  • United States v. Wills
    99 F3d 1132
    Michael Wills appeals his conviction and 28-month sentence for possessing a homemade knife, or "shank," at the District of Columbia's prison in Lorton, Virginia. Finding no error, we affirm. Accord...

  • United States v. Green
    99 F3d 1131
    Khalid Green appeals the 72-month sentence he received after he pled guilty to conspiracy to possess crack cocaine with intent to distribute, 21 U.S.C.A. § 846 (West Supp.1996). He maintains tha...

  • United States v. Dunbar
    99 F3d 1131
    Willie Dunbar pled guilty to conspiracy to distribute crack cocaine in violation of 21 U.S.C. § 846 (1994). The district court sentenced Dunbar to serve 135 months in prison to be followed by fi...

  • United States v. F Chorney
    99 F3d 1128
    On May 27, 1993, a jury in the federal district court in Rhode Island found Harold Chorney guilty of seven counts of making a false report and statement to a federally insured bank in violation of 18 ...

  • United States v. Sloan
    99 F3d 1132
    Jeremiah Weldon Sloan and Reaon O'Neil Moultry were convicted by a jury of conspiracy to distribute cocaine and crack cocaine and to possess both with intent to distribute, 21 U.S.C.A. § 846 (Wes...

  • United States v. Thompson G
    99 F3d 1132
    Barry Glen Thompson appeals the sentence of 144 months imprisonment he received after his guilty plea to an information charging that he distributed marijuana, 21 U.S.C.A. § 841 (West 1981 & ...

  • United States v. G Sullivan
    98 F3d 686
    David J. Fine, by Appointment of the Court, with whom Dangel, Donlan & Fine, Boston, MA, was on brief, for defendant-appellant. F. Mark Terison, Assistant United States Attorney, Portland, ME, w...

  • Farmer v. Ek McDaniel
    98 F3d 1548
    This appeal requires us to consider a novel, but narrow question: whether an amended third habeas corpus petition by a prisoner in state custody may be subject to dismissal for abuse of the writ even...

  • Geier v. Medtronic Inc H
    99 F3d 238
    Holly-Anne Geier, once a sales representative at Medtronic, Inc., was dismissed from work weeks after informing her supervisor David Roberts of her second pregnancy while at Medtronic. She filed a co...

  • Miller v. Smith
    99 F3d 120
    Bernard Eric Miller appeals from the district court's denial of his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. In the petition, Miller challenged the State of Mar...

  • United States v. Edwards
    98 F3d 1364
    Duane C. Edwards and Vonda M. Dortch both pleaded guilty to one count of distribution of cocaine base in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(A). In this consolidated appeal Edwards ...

  • United States v. E Abbott
    101 F3d 110
    In our order of June 12, 1996, we denied the motion to withdraw filed by counsel for defendant Frank E. Abbott, and directed counsel to address the validity of Abbott's conviction under 18 U.S.C. ...

  • Lovato v. Girodo
    99 F3d 1150
    ORDER AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R...

  • Bucuvalas v. United States
    98 F3d 652
    Valeriano Diviacchi, Boston, MA, for appellant. Carole S. Schwartz, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief, Boston, MA, for appellee. Bef...

  • Marques v. J Fitzgerald
    99 F3d 1
    This case concerns several claims brought by plaintiff-appellant, Stephen R. Marques, against the city of East Providence, Rhode Island, based on his discharge while a probationary employee of the cit...

  • Ross v. United States
    101 F3d 702
    This pro se federal prisoner appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255, and a district court judgment granting his motion to corre...

  • Putman v. Unknown Smith Dsn 2116
    98 F3d 1093
    Sharon Putman and Joann Lee appeal from the district court's grant of judgment as a matter of law to the appellees, a police officer, a towing company, and St. Louis County, in this 42 U.S.C. § 1...

  • Bagby v. Brondhaver
    98 F3d 1096
    Deputy sheriff Steve Brondhaver appeals an order denying his motion for a qualified immunity dismissal of Kelly Bagby's 42 U.S.C. § 1983 claim. Concluding that Brondhaver's arrest warrant affida...

  • United States v. E Scroger
    98 F3d 1256
    Jimmy E. Scroger (Scroger) appeals his conviction and sentence following a jury trial. He was found guilty of misdemeanor possession of methamphetamine and attempt to manufacture methamphetamine in v...

  • Harjo v. Ward
    99 F3d 1149
    ORDER AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.A...

  • Robinson v. Carr Hampton
    99 F3d 1150
    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...

  • Washington v. Lambert
    98 F3d 1181
    "The security of one's privacy against arbitrary intrusion by the police--which is at the core of the Fourth Amendment--is basic to a free society. " Wolf v. Colorado, 338 U.S. 25, 27, 69 S.Ct. 1359 ...

  • Johnson v. Wa Edmondson
    99 F3d 1149
    Before BRISCOE and MURPHY, Circuit Judges, and VAN BEBBER, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materia...

  • United States v. Bowden
    99 F3d 1128
    David L. Bowden appeals from his conviction for unlawful possession of a firearm by a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). The government has moved for summary affirman...

  • Sanchez v. Perrill
    99 F3d 1150
    On February 10, 1995, petitioner Julian Roger Sanchez, proceeding pro se, filed a post-conviction motion under 28 U.S.C. § 2241. He sought to vacate, set aside, or correct the sentence imposed f...

  • United States v. T Buffo
    99 F3d 1151
    ORDER AND JUDGMENT 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. ...

  • United States v. L Martin
    100 F3d 46
    Defendant Gregory L. Martin, Sr. was convicted of arson involving a building used in interstate commerce, in violation of 18 U.S.C. § 844(i) and sentenced to fifty years imprisonment. Finding th...

  • Snap Drape Inc v. Commissioner Of Internal Revenue
    98 F3d 194
    This federal income tax case presents two questions: (1) whether Treasury Regulation § 1.56(g)-1(d)(3)(iii)(E) is valid to the extent it provides that dividends paid to an Employee Stock Ownersh...

  • Munford Inc Munford Sb Dfa Pnc v. Valuation Research Corporation
    98 F3d 604
    As a matter of first impression in this circuit, we hold that 11 U.S.C. § 546(e) does not bar the trustee in bankruptcy from avoiding payments the debtor corporation made to its shareholders in a...

  • United States v. M Herrman
    99 F3d 1151
    ORDER AND JUDGMENT Appellant Jamie Herrman pled guilty to unlawful possession of a firearm by a convicted felon in violation of 18 U.S.C. §§ 922(g) , 924(a)(2) , and 2 . At sentencing, the ...

  • Boehmer v. Colorado Department Of Corrections E Iii Rw C J R R
    99 F3d 1149
    ORDER AND JUDGMENT 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 o...

  • Dorsey v. St Joseph County Jail Officials F
    98 F3d 1527
    Reginold J. Dorsey, while a pre-trial detainee at the St. Joseph County Jail in Indiana, was injured when four guards, defendants Deputy David Stafford, Deputy Robert Thompson, Captain Paul P. Moffa a...

  • Guzmn Rivera v. Rivera Cruz
    98 F3d 664
    The parties come before us for the third time in as many years. This time, defendants-appellants appeal the district court's denial of their motion for summary judgment based on qualified immunity. ...

  • Gadelkarim v. Simmons D L
    104 F3d 367
    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. Cowan
    99 F3d 1151
    ORDER AND JUDGMENT Defendant-appellant Michael Clark Cowan was indicted by a federal grand jury in the District of New Mexico in April, 1995. The first count of the two-count indictment charged Mr. ...

  • Johnson v. R Cody
    99 F3d 1149
    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...

  • Revello v. Hansen
    99 F3d 1150
    ORDER AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R...

  • Rusco Steel Company v. Atkinson Kiewit Jv
    98 F3d 1333
    This case comes before us on appeal from the district court's grant of partial summary judgment to appellees Rusco Steel Company ("Rusco"). At all times relevant to this case, Rusco was a subcontract...

  • Carpenter v. Laxton
    99 F3d 1138
    Defendants, Tim Hutchinson, Ben Harkins, and Tom Spangler (the "Knox County officers"), appeal the district court's order denying their motion for summary judgment based on qualified immunity. The Kn...

  • United States v. Simpson J H
    99 F3d 1140
    Thomas Edward Simpson (94-5201), Andrew J. Marini (94-5202), and Jacob H. Stamper (94-5318) appeal district court orders granting in part and denying in part their motions for modification of sentence...

  • Caston v. United States
    101 F3d 110
    Paul Caston appeals from the denial of his petition for relief pursuant to § 2255. The basis of his claim was that he was denied effective assistance of counsel, because his attorney did not ass...

  • Medeiros v. Immigration and Naturalization Service
    98 F3d 1333
    Carlos Alberto Taranas de Medeiros, a citizen of Portugal and a lawful permanent resident of the United States since 1970, challenges the Board of Immigration Appeals' denial of his request for relief...

  • United States v. Johnson
    98 F3d 1333
    Gary Johnson, who is currently serving a 37 month sentence in federal prison, appeals from the district court's denial of his pro se motion for immediate release. First, he argues that under 18 U.S.C...

  • United States v. Lawrence
    99 F3d 1147
    MEMORANDUM Following entry of his guilty plea to one count of wire fraud arising out of a fraudulent loan transaction, Robin Lawrence timely appeals the district court's sentence and restitution orde...

  • Hamdan v. Immigration and Naturalization Service
    98 F3d 183
    JORGE M. HAMDAN ("HAMDAN"), a citizen of Nicaragua, entered the United States as a lawful permanent resident. HAMDAN petitions this court for review of the Board of Immigration Appeals' ("BIA") deter...

  • Bruce Downey v. Joseph Crabtree Warden Federal Correctional Institution
    100 F3d 662
    This appeal by Joseph H. Crabtree, warden of the Federal Correctional Institution, Sheridan, Oregon, requires us to decide if the federal Bureau of Prisons properly defined "convicted of a nonviolent ...

  • United States v. E Taylor
    98 F3d 768
    Defendant Kevin E. Taylor ("Taylor") appeals his sentence from the United States District Court for the Western District of Pennsylvania following the denial of his motion for modification of sentence...

  • United States v. Wells
    98 F3d 808
    Kevin Michael Wells pled guilty to unlawful possession of a firearm by a convicted felon, see 18 U.S.C.A. § 922(g) (West Supp.1996), reserving his right to challenge on appeal various decisions o...

  • United States v. Imngren
    98 F3d 811
    Prasit Imngren and Kenneth Johnson were arrested in separate incidents for driving under the influence of alcohol (DUI) on Fort Belvoir, a federal military installation located in Virginia. Pursuant ...

  • Dietzen v. Mork P
    101 F3d 110
    Charles Dietzen was arrested between 3:30 and 4:00 p.m. on November 29, 1989 for retail theft. He gave the police a false name ("Brian J. Woller") and a false address (a potato field). Dietzen signe...

  • United States v. Brutzman W
    99 F3d 1147
    MEMORANDUM Following the entry of a conditional plea of guilty to mail fraud charges, Warren Brutzman appeals the district court's order granting the government's motion in limine to admit evidence o...

  • United States v. Feemster
    98 F3d 1089
    Cleophus Feemster was convicted of one count of being a felon in possession of ammunition in violation of 18 U.S.C. § 922(g)(1) (1994) and one count of possession of an unregistered firearm in vi...

  • United States v. Lennartz
    99 F3d 1147
    MEMORANDUM Kathleen Lennartz appeals her conviction for possession of unregistered shortened shotguns, use of a firearm during a narcotics trafficking offense, and narcotics trafficking. We affirm i...

  • Michael R Evans v. Peter Demosthenes
    98 F3d 1174
    Michael R. Evans, convicted in Nevada state court of burglary and grand larceny, appeals the district court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254...

  • Allen v. United States
    100 F3d 133
    Edward Allen appeals from a decision of the United States Court of Federal Claims dismissing his contract claim. Because we agree with the trial court that there was no contract, we affirm. Most of...

  • 2
    99 F3d 1138
    Before: NELSON and NORRIS, Circuit Judges; COHN, District Judge. Kenneth L. Davis appeals a district court order denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. The...

  • Taylor v. Danville Sheriffs Department Jail Division
    99 F3d 1131
    Appellant, a Virginia inmate, appeals from the district court's order dismissing without prejudice his 42 U.S.C. § 1983 (1994) complaint under 28 U.S.C. § 1915A(b)(1) (1994), amended by Pris...

  • United States v. Alexander B
    99 F3d 1131
    Anthony Corey Alexander appeals his conviction entered pursuant to a plea made in accordance with North Carolina v. Alford, 400 U.S. 25 (1990). The district court convicted Alexander of one count of...

  • United States v. Hawkins
    99 F3d 1132
    Willie Ray Hawkins, Jr., appeals his convictions for possession of crack cocaine with intent to distribute, 21 U.S.C.A. § 841 (West 1981 & Supp.1996), and possession of a firearm by a convict...

  • United States v. Previtte
    99 F3d 1132
    Jerry Wayne Previtte was convicted by a jury of being a felon in possession of a weapon, in violation of 18 U.S.C. § 922(g) (1994), and for being in possession of an unregistered sawed-off shotgu...

  • United States v. Kime
    99 F3d 870
    Jack Kime and Randall Bell were each convicted by a jury of drug distribution, conspiracy, and firearm violations. Kime appeals his conviction. Bell appeals his conviction and sentence. We affirm i...

  • Richard Hockenberry v. George Detella Warden Stateville Correctional Center
    101 F3d 110
    Richard Hockenberry ("Hockenberry") appeals the denial of his petition for a writ of habeas corpus. 28 U.S.C. § 2254. Hockenberry brought his petition in the Northern District of Illinois, clai...

  • In Re Gerald Parker
    99 F3d 1130
    Petitioner asks this court to grant his petition for an original writ of habeas corpus in connection with his convictions for conspiring to distribute marijuana and cocaine and for maintaining a place...

  • United States v. Dunn
    107 F3d 923
    This appeal was considered on the record from the United States District Court for the District of Columbia and the briefs and arguments of counsel. The court is satisfied that appropriate dispositio...

  • United States v. Turcios
    107 F3d 924
    This appeal was considered on the record from the United States District Court for the District of Columbia and the briefs and arguments of counsel. The court is satisfied that appropriate dispositio...

  • United States v. Hill
    99 F3d 1132
    Robert Levit Hill appeals his conviction and 135-month sentence for conspiracy to possess more than 500 grams of cocaine and more than 50 grams of crack cocaine with intent to distribute, 21 U.S.C.A. ...

  • United States v. Davis
    99 F3d 1131
    Howard Davis pled guilty to conspiring to distribute and to possess with intent to distribute crack cocaine in violation of 21 U.S.C. § 846 (1994), and to using and carrying a firearm during a dr...

  • United States v. Waters
    99 F3d 1132
    Sherry Luann Waters appeals her conviction and sentence for conspiracy to possess more than 500 grams of cocaine and more than 50 grams of crack cocaine with intent to distribute, 21 U.S.C.A. § 8...

  • United States v. Greger
    98 F3d 1080
    Gerald Greger, a resident of Wagner, South Dakota, was charged under 18 U.S.C. § 2243(a) with having a sexual relationship with a minor more than four years younger than he. Greger pled guilty b...

  • United States v. Cornwall
    99 F3d 1131
    Winston George Cornwall pled guilty to one count of distribution of crack cocaine, 21 U.S.C.A. § 841 (West 1981 & Supp.1996). Pursuant to the terms of his plea agreement, the government dism...

  • United States v. R Cohen
    99 F3d 69
    The question presented in this case is whether the Violent Crime Control & Law Enforcement Act of 1994, P.L. 103-322, 108 Stat. 1796, 2095-96, amended 18 U.S.C. § 3553 so as to make policy st...

  • This v. Ruiz
    104 F3d 351
    John M. Burke, Brooklyn, NY. Colleen P. Cassidy, The Legal Aid Society, New York, NY. Ira D. London, New York, NY. Nancy L. Kestenbaum, Asst. U.S. Atty., New York, NY. Present: NEWMAN, Chief ...

  • United States v. Walker
    104 F3d 364
    Michael Lee Walker conditionally pled guilty to one count of being a felon in possession of a firearm, reserving his right to appeal from the denial by the District Court of his motion to suppress. H...

  • Glenn v. Bartlett
    98 F3d 721
    Petitioner Otis Glenn appeals from an order entered in November 1995 in the United States District Court for the Northern District of New York, Con G. Cholakis, J., dismissing his habeas petition purs...

  • Scattered Corporation v. Chicago Stock Exchange Inc
    98 F3d 1004
    Scattered Corporation, a member of the Chicago Stock Exchange, is an arbitrageur specializing in the securities of bankrupt corporations. It also wants to serve as a market maker for other arbitrageu...

  • Yankton Sioux Tribe v. Southern Missouri Waste Management District
    99 F3d 1439
    This case raises questions about the extent to which an 1894 act of Congress affected the reservation of the Yankton Sioux Tribe in South Dakota. That statute ratified and incorporated an 1892 agreem...

  • United States v. M Clark
    99 F3d 1144
    Scipio Clark, an African-American, challenges the 120-month sentence imposed by the district court after he pleaded guilty to possessing cocaine base (crack) with intent to distribute, in violation of...

  • United States v. Flucas
    99 F3d 177
    Mitchell Lee Flucas appeals his sentence imposed after he pleaded guilty, pursuant to a plea agreement, to possession of cocaine base with intent to distribute. We affirm. Flucas and co-defendant P...

  • United States v. M Hatton
    99 F3d 1140
    Before: RYAN and BATCHELDER, Circuit Judges; MILES District Judge. William M. Hatton, represented by counsel, appeals his judgment of conviction and sentence. The parties have waived oral argumen...

  • Kilaab Al Ghashiyah v. Smith
    101 F3d 110
    In 1985, and again in 1986, Tayr Kilaab al Ghasiyah (Khan), a Wisconsin inmate formerly known as John Casteel, was convicted of two separate bank robberies. In 1992 he brought two petitions for writs...

  • United States v. Parks
    99 F3d 1140
    Thomas Lynn Parks, a federal prisoner, appeals that part of a district court order granting his motion for reduction of sentence that resentenced him to 60 months in prison pursuant to the mandatory m...

  • Harris v. Parole Board
    101 F3d 701
    DISMISSED. ...

  • In Re Attorney Discipline Matter
    98 F3d 1082
    On February 9, 1995, the United States District Court for the Eastern District of Missouri ordered attorney P.S. ("appellant") to surrender his license and relinquish his enrollment in the district c...

  • Johnson v. Pandya Md
    99 F3d 1139
    Before: NELSON and NORRIS, Circuit Judges; HIGGINS, District Judge. Dwayne Anthony Johnson appeals pro se from a district court judgment that dismissed his civil rights case filed under 42 U.S.C. ...

  • Weathers v. E Gunn
    99 F3d 1133
    Appellant appeals the district court's order denying relief on his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record and the district court's opinion accepting the magistrate judge'...

  • Witherspoon v. L Walters
    99 F3d 1133
    Appellant appeals the district court's order entering judgment for Defendants in accordance with a jury's verdict returned in this 42 U.S.C. § 1983 (1994) action alleging excessive use of force d...

  • United States v. Walls
    99 F3d 1140
    The defendant, Tony Walls, was convicted at a bench trial of three counts of distributing heroin, one count of possession with intent to distribute heroin, and of being a felon in possession of a fire...

  • United States v. McKinney
    98 F3d 974
    A jury convicted Larry McKinney of conspiracy to distribute cocaine, distribution of cocaine, and distribution of cocaine within 1000 feet of a public school. Before trial, through a motion to dismis...

  • United States v. State Of Washington
    98 F3d 1159
    In 1979, United States District Judge George H. Boldt ruled that five Northwest Indian tribes had no treaty fishing rights. In 1993, three of these tribes, the Duwamish, Snohomish, and Steilacoom Tri...

  • Fuszek v. Royal King Fisheries Inc
    98 F3d 514
    In these consolidated appeals we are called upon to determine whether section 3 of the Federal Employers Liability Act ("FELA"), 45 U.S.C. § 53, overrides the longstanding maritime doctrine of co...

  • United States v. Rivas
    99 F3d 170
    Appellant Rene Rivas ("Rivas") appeals his convictions for conspiracy to possess with intent to distribute marijuana and possession with intent to distribute marijuana, as well as the sentences impose...

  • United States v. K Brown
    99 F3d 1131
    Darrell K. Brown seeks to appeal the 24-month sentence imposed on him after he pled guilty to conspiracy to commit bank fraud, 18 U.S.C.A. § 371 (West 1966 & Supp.1996), pursuant to a plea ag...

  • Dunn v. Department Of Veterans Affairs
    98 F3d 1308
    An arbitrator denied Dennis Dunn and Frank Ruiz attorney fees under the Back Pay Act, 5 U.S.C. § 5596(b)(1)(A)(ii) (1994). Mr. Dunn and Mr. Ruiz seek review of the arbitrator's decision. Becaus...

  • United States v. Osborne
    99 F3d 1132
    Nathaniel Jerome Osborne appeals from his jury convictions of one count of conspiracy to distribute cocaine base, in violation of 21 U.S.C.A. § 846 (West Supp.1996), and two counts of distributio...

  • United States v. Rivera
    99 F3d 1132
    Andrew Rivera appeals his sentence after a guilty plea to possession with intent to distribute crack cocaine and distribution of crack cocaine, in violation of 21 U.S.C.A. § 841(a)(1) (West 1981 ...

  • Bell v. Fowler C
    99 F3d 262
    Bonnie Bell filed this action pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 1985(3), based on an incident where she was sexually assaulted by former police officer Randy Alan Fowler, and the ...

  • Mungiovi v. Chicago Housing Authority
    98 F3d 982
    Francis A. Mungiovi, who lives in the Shields Apartments--public housing operated by the Chicago Housing Authority--contends that the CHA has refused to deal with him in his capacity as "building pres...

  • United States v. McMullen
    98 F3d 1155
    This appeal by Frank Charles McMullen from the denial of his 28 U.S.C. § 2255 motion to vacate his sentence requires us to decide if defendants convicted of possession of methamphetamine with int...

  • Andrews v. Fowler C
    98 F3d 1069
    Kristi Andrews brought this civil rights action, alleging causes of action pursuant to 42 U.S.C. § 1983, 42 U.S.C. § 1985(3), and state law, arising out of a sexual assault by Randy Fowler, ...

  • United States v. Chandler
    98 F3d 711
    Carrie Chandler, pro se, appeals from a judgment of the United States District Court for the Eastern District of New York (Arthur D. Spatt, Judge ) entered on September 28, 1994. Following a jury tri...

  • Deas v. Wyoming Department Of Corrections State Penitentiary Warden
    99 F3d 1149
    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 ...

  • International Union Of Electronic Electrical Salaried Machine Furniture Workers v. E Statham
    97 F3d 1416
    The International Union of Electronic, Electrical, Salaried, Machine & Furniture Workers, AFL-CIO, appeals the district court's dismissal, for lack of jurisdiction, of the union's suit based on th...

  • United States v. Unterburger
    97 F3d 1413
    This is an abortion protestor case. Appellants Eric Olson and Raymond Unterburger ("the defendants") were charged in a one-count information with violating the Freedom of Access to Clinic Entrances A...

  • United States v. Dunlap
    104 F3d 364
    After a four-day trial in 1995, a federal jury convicted Robert Dunlap and a co-defendant, see United States v. Schwalb, 83 F.3d 1039 (8th Cir.1996) (per curiam ), of four counts of wire fraud and two...

  • Perry v. Robinson Investors Planning Inc H Ifg
    99 F3d 1150
    Before BRISCOE and MURPHY, Circuit Judges, and VAN BEBBER, District Judge. After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a ...

  • Dago v. Clark
    99 F3d 1149
    Before BALDOCK and BRISCOE, Circuit Judges, and LUNGSTRUM, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materia...

  • This v. Mah
    104 F3d 351
    1. Defendant-appellant Wai Chui Mah appeals from a judgment entered April 5, 1996 after a jury trial in the United States District Court for the Southern District of New York that convicted him of one...

  • This Summary
    104 F3d 351
    This cause came on to be heard on the transcript of record from the United States District Court for the Eastern District of New York and was taken on submission. ON CONSIDERATION WHEREOF, IT IS ORD...

  • Williams v. United States
    98 F3d 1052
    Federal inmate Robert Rydell Williams appeals the denial of his 28 U.S.C. § 2255 motion for post-conviction relief. Williams argues that his 1988 conviction for violating 18 U.S.C. § 924(c)...

  • Rodgers v. United States
    99 F3d 1139
    This pro se federal prisoner appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. This case has been referred to a panel of the court pursu...

  • Grunden v. United States
    99 F3d 1139
    Before: LIVELY and NELSON, Circuit Judges; HACKETT, District Judge. Richard Grunden appeals a district court order denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. T...

  • Calderon v. United States District Court For The Northern District Of California
    98 F3d 1102
    We must decide whether a California death row inmate is entitled to discovery before filing a federal habeas petition. * Arthur Calderon, Warden of the California State Prison at San Quentin, petiti...

  • Davis v. United States
    99 F3d 1138
    Before: LIVELY and NELSON, Circuit Judges; HACKETT, District Judge. Derrick H. Davis, proceeding pro se, appeals a district court judgment denying his motion to reopen his 28 U.S.C. § 2255 ca...

  • United States v. Acres Of Land
    99 F3d 1140
    The owners of a twenty-eight acre parcel of land neighboring the Fernald nuclear facility appeal the district court's approval of a compensation award made pursuant to the government's taking of 6.24 ...

  • Securities and Exchange Commission v. Aci Investors Protective Association J G
    99 F3d 1146
    Before: FLETCHER and TASHIMA, Circuit Judges, and RESTANI, Court of International Trade Judge. MEMORANDUM This is an appeal from a civil contempt order ("Contempt Order") arising out of an SEC rec...

  • United States v. Petersen
    98 F3d 502
    Defendant Justin Tanner Petersen appeals from the sentence imposed after his plea of guilty to charges of computer fraud, possession of a stolen vehicle transported across state lines, conspiracy to c...

  • United States v. Blount
    98 F3d 1489
    Donnie Blount and Gaylin Johnson appeal their convictions for drug trafficking and firearms offenses. Concluding that the evidence presented was legally insufficient to convict on the firearms counts...

  • United States v. Torres Perez
    99 F3d 1148
    MEMORANDUM Torres-Perez appeals his conviction for forcibly resisting a federal officer, in violation of 18 U.S.C. § 111. We have jurisdiction under 18 U.S.C. § 1294(1). We affirm. 1. T...

  • Torres v. United States
    99 F3d 1140
    Eleno Torres appeals pro se from a district court judgment that denied a motion to vacate his sentence under 28 U.S.C. § 2255. His appeal has been referred to a panel of this court pursuant to R...

  • United States v. Morrison
    98 F3d 619
    On July 7, 1992, a jury found Ron Morrison guilty of conspiracy to distribute and to possess with intent to distribute crack cocaine, in violation of 21 U.S.C. § 846, two separate instances of po...

  • United States v. P Bailey
    104 F3d 368
    ORDER AND JUDGMENT 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 o...

  • West v. Russell
    99 F3d 1141
    The plaintiff filed this § 1983 action in the United States District Court for the Southern District of Ohio. The district court dismissed it, and the plaintiff appeals. We affirm the judgment ...

  • United States v. C Medley
    99 F3d 1142
    In 1989 Howard Medley was convicted of violating 18 U.S.C. § 666. He appealed to this court and the conviction was affirmed. United States v. Medley, 913 F.2d 1248 (7th Cir.1990). After being ...

  • Diego Militia v. Reno
    98 F3d 1121
    * This case presents a pre-enforcement challenge to the constitutionality of Title XI of the Violent Crime Control and Law Enforcement Act of 1994, Pub.L. No. 103-322, 108 Stat. 1796 (1994) (the "Crim...

  • Hernandez v. Dorsey
    99 F3d 1149
    Before BRISCOE and MURPHY, Circuit Judges, and VAN BEBBER, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materia...

  • Camarano v. Irvin
    98 F3d 44
    Petitioner pro se Robert Camarano moved for authorization from this court to file a second or successive petition for writ of habeas corpus in the district court pursuant to 28 U.S.C. § 2244. We...

  • United States v. Morrison
    99 F3d 1132
    Lance Nathaniel Morrison appeals his sentence imposed pursuant to his conviction for a drug offense. He claims the district court erred by failing to review the Government's refusal to move for a dow...

  • United States v. Kissick
    99 F3d 1151
    Before BRISCOE and MURPHY, Circuit Judges, and VAN BEBBER, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materia...

  • United States v. Townsend
    98 F3d 510
    Curtis Townsend appeals from the district court's denial of his motion for a reduction of sentence under 18 U.S.C. § 3582(c)(2). We have jurisdiction, 18 U.S.C. § 3742(a), and we affirm. ...

  • United States v. Gonda
    99 F3d 1140
    Loren Todd Gonda, a federal prisoner proceeding pro se, appeals the district court's amended order denying his motion to reduce sentence filed under 18 U.S.C. § 3582(c)(2). This case has been re...

  • United States v. Archer
    99 F3d 1147
    MEMORANDUM Appellant Rick Lee Archer appeals from the district court's denial of a motion to withdraw his guilty plea, and the resulting criminal conviction. We have jurisdiction, 28 U.S.C. § 1...

  • United States v. P Ceccarani
    98 F3d 126
    This appeal raises an interesting question in which the defendant complains that the United States District Court for the Middle District of Pennsylvania has disregarded the Federal Sentencing Guideli...

  • Richardson v. L Evans
    99 F3d 1150
    Before BRISCOE and MURPHY, Circuit Judges, and VAN BEBBER, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materia...

  • Moscato 08126 050 v. Federal Bureau Of Prisons
    98 F3d 757
    Phillip Moscato, a federal prison inmate, filed this petition for habeas corpus relief in federal district court challenging the constitutionality of an institutional disciplinary hearing that resulte...

  • United States v. Morrow
    99 F3d 1132
    Michael Morrow appeals from a district court judgment order entered pursuant to a jury verdict finding him guilty of forcibly assaulting a correctional officer in violation of 18 U.S.C. § 111 (19...

  • United States v. D Baughman
    99 F3d 1151
    ORDER AND JUDGMENT Defendant-appellant Ronald Dale Baughman appeals the district court's denial of his motion to vacate, set aside, or modify his sentence pursuant to 28 U.S.C. § 2255. After ex...

  • Martin v. Tulsa County Board Of Commissioners N
    99 F3d 1150
    Before BALDOCK and BRISCOE, Circuit Judges, and LUNGSTRUM, District Judge. After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a ...

  • United States v. Sargent
    98 F3d 325
    A jury convicted Larry Sargent of misrepresentations made on Bureau of Alcohol, Tobacco and Firearm (ATF) forms, in violation of 18 U.S.C. § 924(a)(1)(A), and of misrepresentations made on local ...

  • United States v. Reilley
    99 F3d 1148
    MEMORANDUM Thomas Reilley appeals his guilty plea conviction and sentence for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). He contends: (1) the statut...

  • Ontiveros v. A Dorsey
    99 F3d 1150
    Before BRISCOE and MURPHY, Circuit Judges, and VAN BEBBER, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materia...

  • Tellez v. C Roe
    99 F3d 1147
    MEMORANDUM Jesus Maya Tellez, a California state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for first degree murder and attempt...

  • United States v. Webb
    98 F3d 585
    Defendant Edgar Wayne Webb was convicted of one count of marijuana possession, two counts of possession of unregistered firearms, and two counts of possession of firearms not identified by serial numb...

  • United States v. Anderson
    99 F3d 1140
    The defendant, Troy Anderson, appeals the district court's decision ordering his detention pending trial on drug and firearms charges. This panel is of the unanimous opinion that oral argument would ...

  • United States v. Riggs
    99 F3d 1140
    Defendant-appellant, William Riggs ("Riggs"), appeals his sentence of 188 months imprisonment for conspiracy to manufacture, manufacture of, and possession with intent to distribute marijuana. The pr...

  • United States v. Gorham
    107 F3d 923
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the appellant's brief. The court has determined that the issues presented occasion n...

  • Russell v. Robertson County Tennesee
    99 F3d 1139
    Before: LIVELY and NELSON, Circuit Judges; HACKETT, District Judge. Jerald David Russell, Jr., proceeding pro se, appeals a district court order dismissing his civil rights action filed under 42 U...

  • Taylor v. United States
    99 F3d 1140
    Before: LIVELY and NELSON, Circuit Judges; HACKETT, District Judge. Leonard Bernard Taylor appeals pro se from a district court order that denied his motion for relief from judgment, filed under F...

  • Bartel v. United States
    99 F3d 1138
    Michael Bartel, a pro se federal prisoner, appeals a district court order denying his motion to vacate, set aside, or correct his sentence filed under 28 U.S.C. § 2255. This case has been referr...

  • Landers v. United States
    99 F3d 1139
    James Landers, proceeding pro se, appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. This case has been referred to a panel of the court ...

  • United States v. Mejia
    97 F3d 1391
    Pursuant to Federal Rule of Appellate Procedure 40(a), the panel hereby grants the government's petition for rehearing, withdraws the previous panel opinion dated July 9, 1996, and substitutes the fol...

  • Waldemer v. United States
    106 F3d 729
    On December 9, 1993, at the end of a three-day trial, a jury found Mark Waldemer guilty of making a "false material declaration" to the grand jury in violation of 18 U.S.C. § 1623. One of the el...

  • United States v. Palmieri
    99 F3d 1148
    Before: BEEZER and THOMPSON, Circuit Judges, and GILLMOR, District Judge. MEMORANDUM Michael Palmieri appeals from the district court's denial of his motion to vacate his sentence. Palmieri plead...

  • 2
    97 F3d 1536
    Defendant Joseph W. Testa brings this interlocutory appeal from the district court's refusal to grant his motion for summary judgment on grounds of qualified immunity in this § 1983 political pat...

  • United States v. R Conte
    99 F3d 60
    Defendant Anthony R. Conte, convicted following his plea of guilty to bank fraud in violation of 18 U.S.C. § 1344 (1994) and sentenced to a term of probation, appeals from a judgment of the Unite...

  • McBride v. F Maass
    99 F3d 1146
    Before: GOODWIN and BRUNETTI, Circuit Judges and KING, District Judge. MEMORANDUM McBride, an Oregon state prisoner serving life for murder, brings this second appeal from district court judgments...

  • United States v. Valenzuela Cervantes
    101 F3d 706
    MEMORANDUM Valenzuela-Cervantes appeals his conviction after conditionally pleading guilty to illegal reentry in violation of 8 U.S.C. § 1326. Valenzuela-Cervantes contends the district court e...

  • United States v. Arango Forero
    99 F3d 1147
    MEMORANDUM Appellee argues that this court lacks jurisdiction to review defendant's conviction. The court disagrees. Appellee argued the merits fully in its brief and has therefore not been prejudi...

  • United States v. Moment
    99 F3d 1140
    Before: LIVELY and NELSON, Circuit Judges; HACKETT, District Judge. William Moment appeals his conviction and sentence of imprisonment entered after a jury found him guilty of violating 21 U.S.C. ...

  • United States v. Chambers
    99 F3d 1140
    Larry Marlowe Chambers, a federal prisoner proceeding pro se, appeals a district court order denying his motion for correction of sentence, construed by the district court as brought pursuant to 28 U....

  • Waldemer v. United States
    98 F3d 306
    On December 9, 1993, at the end of a three-day trial, a jury found Mark Waldemer guilty of making a "false material declaration" to the grand jury in violation of 18 U.S.C. § 1623. One of the el...

  • United States v. Horton
    98 F3d 313
    Maurice Horton pleaded guilty to making a bomb threat against a federal building in violation of 18 U.S.C. § 844(e). Horton made the threat only one day after a bomb had destroyed the Alfred P. ...

  • United States v. D Spencer
    99 F3d 1132
    Appellants Allen D. Spencer and Spencer's Safe & Lock Service, Inc. were each convicted on seventeen counts of submitting fraudulent claims to the government in violation of 18 U.S.C. § 287. ...

  • Testerman v. Eds Technical Products Corporation
    98 F3d 297
    Charles Testerman brought this suit under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., and the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq....

  • Dever v. Turner E
    99 F3d 1138
    Before: LIVELY and NELSON, Circuit Judges; HACKETT, District Judge. Frederick M. Dever, Jr., Floretta P. Dever, Kristen Nicole Dever and Megan Mae Dever, all proceeding pro se, appeal a district c...

  • Morford v. City Of Omaha
    98 F3d 398
    Cheryl Morford appeals from the decision of the District Court denying her claims for statutory damages, attorney fees, and costs, despite a jury verdict in her favor in her suit against the city of O...

  • United States v. J Byler
    98 F3d 391
    The defendant, Tony J. Byler, appeals from his conviction of conspiracy to distribute methamphetamine (count I), attempt to possess with intent to distribute methamphetamine (count II), and use of a f...

  • Aversa v. United States
    99 F3d 1200
    Daniel and Carla Aversa filed a civil action alleging that Patrick Walsh, an Assistant United States Attorney in the District of New Hampshire, and Kenneth Claunch, Chief of the Criminal Investigation...

  • United States v. Leaphart
    98 F3d 41
    Daniel Nobel, New York City, for appellant. Morris J. Panner, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., Craig A. Stewart, Asst. U.S. Atty., on the brief), for appellee. Before: ...

  • United States v. Jo
    99 F3d 1147
    MEMORANDUM Young Yil Jo appeals from his conviction and sentence for conspiracy to distribute cocaine and methamphetamine. We have jurisdiction, 28 U.S.C. § 1291, and we affirm. * Jo contends...

  • United States v. Uder
    98 F3d 1039
    Scotty Joe Uder appeals from a final judgment entered in the United States District Court for the Western District of Missouri, upon a jury verdict finding him guilty on one count of conducting operat...

  • Bush v. K Singletary
    99 F3d 373
    John Earl Bush, a Florida inmate under sentence of death, applies for permission to file a second habeas corpus petition challenging his 1982 death sentence for murder in the first degree. A detailed...

  • Lyons v. B Johnson
    99 F3d 499
    Respondent-appellant Sally B. Johnson, Superintendent of the Orleans Correctional Facility, appeals from a judgment entered January 18, 1996, in the United States District Court for the Southern Distr...

  • Taylor Equipment Inc v. John Deere Company
    98 F3d 1028
    Deere & Company (formerly John Deere Co.) and its subsidiary, John Deere Industrial Equipment Company (collectively, "Deere"), appeal a judgment in favor of Deere's former industrial equipment dea...

  • United States v. S Arnold
    99 F3d 1147
    MEMORANDUM Ronald Arnold appeals his jury conviction of four counts of willfully selling cable television distrainable boxes intended to be used for the unauthorized interception of cable services in...

  • Santana v. United States
    98 F3d 752
    Ernesto Santana has asked this Court to grant a certificate of appealability for his challenge to the district court's denial of habeas corpus relief pursuant to 28 U.S.C. § 2255. As a prelimina...

  • United States v. Alvarado Delgado
    98 F3d 492
    Alvarado-Delgado was deported from the United States in 1991. In 1994, he was apprehended in the United States and indicted under 8 U.S.C. § 1326, which provides that any alien who has previousl...

  • United States v. Stewart
    99 F3d 1148
    MEMORANDUM James Stewart appeals the district court's order revoking his supervised release. The revocation was based on Stewart's failure to report to his probation officer upon release from impris...

  • Grant
    98 F3d 116
    The question presented in this appeal is whether the district court properly applied the test set forth by the Supreme Court in Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982...

  • United States v. Orozco
    98 F3d 105
    Defendant-appellant, Zulmes Orozco challenges the constitutionality of the Drug-Free School Zones Act, 21 U.S.C. § 845(a). Orozco was convicted of distributing 1080 grams of cocaine within one t...

  • United States v. Ramiscal
    99 F3d 1148
    MEMORANDUM Vicente Cacal Ramiscal appeals from his convictions for conspiracy to distribute cocaine and crystal methamphetamine and conspiracy to launder money. We have jurisdiction, 28 U.S.C. §...

  • United States v. Lloyd
    99 F3d 1132
    On March 6, 1995, Donald Ray Lloyd pled guilty to the charge of armed bank robbery in violation of 18 U.S.C.A. §§ 2113(a) and 2113(d) (West Supp.1996). The district court sentenced Lloyd to...

  • United States v. Thomas
    97 F3d 1499
    A jury found Joseph L. Thomas, Sr. guilty of four counts of unlawfully distributing heroin, one count of unlawfully possessing the drug with intent to distribute it, and one count of possessing an unr...

  • Madrid v. State Of California
    99 F3d 1146
    MEMORANDUM Alejandro Madrid, a California state prisoner, appeals the denial of his habeas corpus petition under 28 U.S.C. § 2254. We affirm. Madrid was convicted in 1992 of possession of a w...

  • United States v. Sriyuth
    98 F3d 739
    Nopporn Sriyuth appeals his conviction of kidnapping and use of a firearm in relation to the kidnapping in violation of 18 U.S.C. §§ 1201(a)(1) and 924(c), respectively. We are asked to dec...

  • United States v. A Teran
    98 F3d 831
    Antonio A. Teran ("Teran") has brought this appeal of his probation revocation contending that the magistrate judge did not have jurisdiction over the underlying crime for which he was convicted and s...

  • United States v. Cauton
    99 F3d 1147
    MEMORANDUM Floro Cauton appeals from his convictions for conspiracy to distribute cocaine and methamphetamine and conspiracy to launder money. We have jurisdiction, 28 U.S.C. § 1291, and we aff...

  • United States v. Higham
    98 F3d 285
    Burton Higham hired someone he believed to be a hitman (actually, an undercover FBI agent) to kill his business partner, hoping to collect on a life insurance policy. A jury convicted him on charges ...

  • United States v. Dalton
    98 F3d 1336
    Swanson Dalton appeals his conviction and 360-month sentence for conspiracy to distribute cocaine, 21 U.S.C. § 846 (1994), and attempting to possess with intent to distribute cocaine, 21 U.S.C. &...

  • United States v. W Dolan
    99 F3d 1140
    Before: BOGGS and MILBURN, Circuit Judges; and QUIST, District Judge. QUIST, District Judge. Defendant-Appellant, David Dolan, appeals from a jury verdict finding him guilty of thirty-eight (38)...

  • United States v. Cantu
    99 F3d 1147
    MEMORANDUM Anna Dolores Cantu ("Cantu") timely appeals the district court's judgment which ordered restitution in the amount of $39,903.44, following her conviction and sentencing on two counts of ma...

  • Ei De Nemours Company Benlate Litigation Bush Ranch Inc v. Ei De Nemours and Company
    99 F3d 363
    This case involves an appeal from a contempt order entered by the district court against the Defendant-Appellant E.I. Du Pont de Nemours & Company ("DuPont"). For the reasons that follow, we reve...

  • Holdsworth v. Najeway
    99 F3d 1139
    Holdsworth's § 1983 action involving a claim for wrongful prosecution and imprisonment was dismissed on statute of limitations grounds. See 42 U.S.C. § 1983. Our review indicates the dismi...

  • Jackson v. Burt
    99 F3d 1139
    On this appeal, we are reviewing whether the district court erred by denying Lamare Jackson's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons that follow, we A...

  • Peters v. United States
    99 F3d 1139
    Before: SUHRHEINRICH and DAUGHTREY, Circuit Judges; JOHNSTONE, District Judge. This is a direct appeal from a judgment denying a motion to vacate sentence filed under 28 U.S.C. § 2255. This ...

  • Renfro v. United States
    99 F3d 1139
    This pro se federal prisoner appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. This case has been referred to a panel of the court pursu...

  • United States v. De Santos
    99 F3d 1147
    MEMORANDUM The district court committed no reviewable error in sentencing DeSantos. DeSantos' argument that the 16-level increase in offense level overrepresented his prior record was considered by...

  • Forbush v. Jc Penney Company
    98 F3d 817
    Cynthia Levin Moulton, Bristow, Hackerman, Wilson & Peterson, Houston, TX, Stephen Robert Bruce, Washington, DC, Burton D. Fretz, Washington, DC, for plaintiffs-appellees. Sidney Katherine Powel...

  • United States v. A Grable
    98 F3d 251
    In this appeal from an adjudication of civil contempt, the defendant Leslie A. Grable claims the district court wrongfully denied his assertion of a Fifth Amendment privilege against compelled self-in...

  • United States v. Furukawa
    99 F3d 1147
    Before: BROWNING, NORRIS, and REINHARDT, Circuit Judges MEMORANDUM The detectives identified themselves, asked to speak with the defendants, and told them they were free to leave. The encounter oc...

  • Barbara v. New York Stock Exchange Inc
    99 F3d 49
    Plaintiff-appellant Philip Barbara appeals from a judgment entered April 6, 1995 in the United States District Court for the Eastern District of New York, Allyne R. Ross, Judge, that dismissed his com...

  • United States v. D Wilson
    98 F3d 281
    Illinois security broker Gregory Wilson conducted a Ponzi scheme that defrauded forty-eight victims of more than three million dollars. Representing to investors that their funds were being placed in...

  • United States v. Barry
    98 F3d 373
    Paul Richard Barry was convicted of various drug and firearm offenses under 18 U.S.C. §§ 922(g)(1) and 924(c)(1), 21 U.S.C. §§ 841 and 844, and 26 U.S.C. §§ 5861(d) and 5...

  • Marshall v. F Sullivan Bfp J F
    105 F3d 47
    Defendants Town of Greenburgh, New York (the "Town" or "Greenburgh"), and Cornelius F. Sullivan, who at the pertinent times was a Town police lieutenant, appeal from so much of an order entered in the...

  • Kyles v. Erickson Cco
    99 F3d 1146
    MEMORANDUM Kimberlie Kyles' § 1983 complaint arose out of a body-cavity search performed at the Spokane County Jail following her arrest on an outstanding traffic warrant during the felony drug ...

  • Securities and Exchange Commission v. E Worthen
    98 F3d 480
    John Worthen appeals from the district court's denial of his motion for relief from a judgment of permanent injunction entered against him by default in 1974 in a civil case brought by the Securities ...

  • United States v. Jinadu
    98 F3d 239
    Defendant-appellant, Jinadu, appeals his conviction and sentence for conspiracy to import and to distribute heroin. For the following reasons, we affirm. Defendant-appellant, Lawal, appeals his conv...

  • United States v. O McKenzie
    99 F3d 813
    Gary O. McKenzie ("McKenzie") pleaded guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) which prohibits "any person--(1) who has been convicted...

  • Walters v. A Berge
    99 F3d 1142
    Serving a sentence of nine years' incarceration in Wisconsin for selling cocaine, Ferdinand Walters seeks a writ of habeas corpus under 28 U.S.C. § 2254, and he appeals from the district court's ...

  • United States v. Coble
    99 F3d 1147
    MEMORANDUM Ward David Coble appeals the district court's denial of his 28 U.S.C. § 2255 motion to correct his sentence. Coble contends that his federal sentence under the Sentencing Guidelines ...

  • United States v. Culbreath
    99 F3d 1140
    The defendant-appellant, Donald Lee Culbreath, was convicted of three counts of bank fraud in connection with his improper use of sight drafts to obtain use of money belonging to the Community Bank of...

  • Johnson v. United States
    99 F3d 1143
    Michael Johnson appeals from the district court's order denying his 28 U.S.C. § 2255 motion. We affirm. Johnson was originally sentenced to 78 months imprisonment and four years supervised rel...

  • United States v. Brown
    98 F3d 690
    Defendant Douglas Brown appeals a sentence, consisting primarily of five months' imprisonment, imposed by the United States District Court for the Southern District of New York (Allen G. Schwartz, Jud...

  • Pievsky v. J Ridge
    98 F3d 730
    Former Commissioner of the Delaware River Port Authority of Pennsylvania and New Jersey ("DRPA"), Max Pievsky, filed a complaint challenging the Governor of Pennsylvania's power to remove him without ...

  • United States v. Beckley
    97 F3d 507
    This case involves "equity skimming." Appellant purchased single family residences for a nominal price from financially distressed homeowners whose mortgage loans were guaranteed by the United State...

  • United States v. Murdoch
    98 F3d 472
    David John Murdoch was indicted on two counts of attempted murder, in violation of 18 U.S.C. § 1113, and two counts of use of a firearm in relation to a crime of violence, in violation of 18 U.S....

  • Gates
    98 F3d 463
    Prison officials were held in contempt of court for failing to obey a consent decree. The issue in the case is whether a consent decree requiring "appropriate" psychiatric care is specific enough to ...

  • United States v. Johnson
    107 F3d 923
    This appeal, having been briefed and argued, warrants only an abbreviated disposition pursuant to D.C.Cir.R. 36(b). The issues concern, among other things, the district court's failure to suppress ev...

  • Mans v. United States
    99 F3d 1139
    This is an appeal from a judgment denying a motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the ...

  • United States v. Utter
    97 F3d 509
    A jury convicted Forrest J. Utter of conspiracy, mail fraud, arson, and using fire to commit a federal felony offense. The district court sentenced him to fifteen years imprisonment. Utter appeals, ...

  • 2
    99 F3d 1139
    Before: SUHRHEINRICH and DAUGHTREY, Circuit Judges; JOHNSTONE, District Judge. Sherman Alexander Henderson, Kevin Ford, and Norfleet Clay, pro se Tennessee prisoners, appeal a district court judgm...

  • United States v. Bygrave
    97 F3d 708
    This appeal concerns the adequacy of a brief filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), specifically compliance with our decision in United States v....

  • Marincas v. Lewis Us
    97 F3d 733
    The petition for rehearing filed by appellant having been submitted to the judges who participated in the decision of this Court, and to all the other available circuit judges in active service, and n...

  • United States v. McKinzie
    98 F3d 1336
    Michael McKinzie challenges the sufficiency of the evidence relating to his conviction for one count of conspiracy to distribute and possess with intent to distribute cocaine base, 21 U.S.C. § 84...

  • Barichello v. McDonald
    98 F3d 948
    Mark J. Heyrman, Sharon Swingle, Law Student (argued), Adam Goodman, Mandel Legal Aid Clinic, Chicago, IL, for Plaintiff-Appellant. Jan E. Hughes, Office of the Attorney General, Civil Appeals Divis...

  • Kasemeier v. Indiana University
    99 F3d 1142
    Scott Kasemeier sued Indiana University and some of its employees following his discharge from the university's neural science Ph.D. program. He brought his claims pursuant to the Americans with Disa...

  • United States v. Calhoon
    97 F3d 518
    John T. Strauss, Covington, GA, for appellant. Dixie A. Morrow, Asst. U.S. Atty., Macon, GA, for appellee. Appeal from the United States District Court for the Middle District of Georgia. Before...

  • Cass v. City Of Adamsville Tennessee
    99 F3d 1138
    Before: SUHRHEINRICH and DAUGHTREY, Circuit Judges; JOHNSTONE, District Judge. Brian K. Cass appeals a district court order dismissing his civil rights action filed under 42 U.S.C. § 1983. T...

  • United States v. Crosby
    98 F3d 1336
    Jeffrey Roy Crosby appeals his conviction, by a jury, of possession of a firearm by a convicted felon, in violation of 18 U.S.C.A. § 922(g)(1) (West Supp.1996), on the ground that his Miranda an...

  • United States v. Lee
    99 F3d 1147
    MEMORANDUM Defendants Hyung Su Lee and Gun Ho Kim appeal the sentences imposed by the district court on resentencing. We affirm. We reject Lee's argument that the district court failed to exercise...

  • Burnham v. Ianni
    98 F3d 1007
    This action was brought in the United States District Court for the District of Minnesota pursuant to 42 U.S.C. § 1983 by Albert Burnham and Ronald Marchese, two history professors at the Univers...

  • Smith v. Nuth
    98 F3d 1335
    Appellant seeks to appeal the district court's order dismissing his petition filed pursuant to 28 U.S.C. § 2254 (1994), as amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub.L....

  • United States v. R Carter
    99 F3d 1151
    After examining the briefs and appellate records, 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). The ...

  • Handon v. Department Of The Air Force
    98 F3d 1359
    Vincent T. Handon petitions for review of the May 2, 1996 final decision of the Merit Systems Protection Board, Docket DC0752960220I-1, affirming the decision of the Department of the Air Force ("the ...

  • Nov v. Immigration and Naturalization Service
    99 F3d 1146
    MEMORANDUM Sony Nov, a native and citizen of Cambodia, petitions for review of the decision of the Board of Immigration Appeals dismissing his appeal from the Immigration Judge's order of deportation...

  • United States v. Caffey
    98 F3d 1336
    Louie Clement Caffey pleaded guilty to possession with attempt to distribute marijuana in violation of 18 U.S.C. § 841(a)(1) (1994). On appeal, he attacks his conviction on the grounds that the ...

  • United States v. Accettola
    98 F3d 1335
    Michael John Accettola appeals his conviction, after a bench trial, for making false statements to a grand jury of the United States in violation of 18 U.S.C.A. § 1623(a) (West Supp.1996) allegin...

  • Serpico v. Laborers International Union Of North America
    97 F3d 995
    The Department of Justice believes that the Laborers' International Union of North America has been infiltrated by mobsters. In November 1994 the Organized Crime and Racketeering Section of the Depar...

  • United States v. M Barry
    98 F3d 1333
    Robert M. Barry appeals his sentence for bank robbery in violation of 18 U.S.C. § 2113(a). He claims that the district court erred by considering him a career offender pursuant to U.S.S.G. §...

  • In Re Charles Blackshire
    98 F3d 1293
    Pursuant to 28 U.S.C. §§ 2255 and 2244(b)(3)(A), as amended by the Antiterrorism and Effective Death Penalty Act of 1996, Charles Blackshire applies for an order authorizing the district cou...

  • Mays v. D Sudderth
    97 F3d 107
    In this appeal we determine whether a sheriff is absolutely immune from suit and liability for damages in a civil action brought against him pursuant to 42 U.S.C. § 1983 for injuries resulting fr...

  • United States v. McQuilkin
    97 F3d 723
    In this appeal Robert McQuilkin challenges his sentence. We will affirm. Between March 1994 and July 1994, Robert McQuilkin sold methamphetamine. All sales took place within 1,000 feet of St. Fran...

  • United States v. Graham
    97 F3d 1145
    Timothy Edward Graham appeals from an amended judgment entered in the United States District Court for the District of Minnesota, United States v. Graham, No. 4-93-134 (D.Minn. Oct. 5, 1995) (amended...

  • Williams v. B Greifinger
    97 F3d 699
    B. The "Clearly Established" Contours of the Right to Exercise This court first addressed the outlines of the Eighth Amendment right to exercise in Sostre v. McGinnis, 442 F.2d 178 (2d Cir.1971) (in...

  • United States v. Novak
    99 F3d 1147
    Before: O'SCANNLAIN and LEAVY, Circuit Judges, and HUFF, District Judge. MEMORANDUM Kenneth Novak and Christopher Wittman appeal following their convictions in a joint jury trial on one count of c...

  • United States v. Matta Ballesteros
    98 F3d 1100
    The majority opinion in this case, published at 71 F. 3d 754 is amended as follows: Replace "Subsequently, he was convicted in the Northern District of Florida for various narcotics charges and escap...

  • Everard v. United States
    102 F3d 763
    Defendant William C. Everard appeals from the district court's order in this federal habeas case concluding that Federal Rule of Criminal Procedure 32(a)(2) did not require the sentencing court to adv...

  • United States v. Josleyn
    99 F3d 1182
    A federal jury sitting in New Hampshire returned guilty verdicts against appellants John W. Billmyer and Dennis R. Josleyn for conspiring to defraud their former employer, American Honda Motor Company...

  • United States v. Wilson
    99 F3d 1142
    A jury found Donnie Wilson guilty of conspiracy to distribute and possession with intent to distribute cocaine, a violation of 21 U.S.C. § 846, and distribution of cocaine, a violation of 21 U.S....

  • United States v. Mathews
    99 F3d 1144
    Mathews pleaded guilty to conspiracy to manufacture and distribute methamphetamine. The district court sentenced him to 180 months imprisonment, five years supervised release, and a $2,000 fine. We ...

  • United States v. Indelicato
    97 F3d 627
    In the district court Michael Indelicato pled guilty to various charges of possession and distribution of cocaine, conspiracy to distribute cocaine, wire fraud, and conspiracy to defraud the United St...

  • Corum v. K McGuire
    99 F3d 1143
    Lawrence W. Corum, a Missouri inmate, appeals from the district court's order granting the defendants' motion to dismiss his 42 U.S.C. § 1983 action. We affirm. Corum filed this section 1983 a...

  • Lundell Manufacturing Company Inc v. American Broadcasting Companies Inc
    98 F3d 351
    Lundell Manufacturing Company appeals from the district court's order granting American Broadcasting Companies judgment as a matter of law, and setting aside a jury verdict of just over one million do...

  • United States v. Maldonado Pineda
    99 F3d 1147
    MEMOARNDUM Jose Maldonado-Pineda appeals his sentence under the Sentencing Guidelines. We affirm. We decline to consider Maldonado-Pineda's contention that the government breached the plea agreeme...

  • United States v. J Murillo
    99 F3d 1140
    Defendant-appellant Robert J. Murillo appeals his convictions and sentence, claiming that the trial court erred in admitting hearsay evidence and in calculating his sentence. For the reasons below, w...

  • Patrick v. United States J
    99 F3d 1139
    Wayne L. Patrick, proceeding pro se, appeals a district court judgment dismissing his complaint filed pursuant to the Federal Tort Claims Act (FTCA) and Bivens v. Six Unknown Named Agents of Fed. Bu...

  • Weese v. S Schukman
    98 F3d 542
    In this medical malpractice litigation, the defendant appeals entry of a post-verdict judgment as a matter of law ("JML") in favor of the plaintiff. Plaintiff cross-appeals, claiming that the distric...

  • Albright v. D Holden
    99 F3d 1145
    MEMORANDUM Larry W. Albright, a Washington state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his 1988 conviction for second degree statutory ra...

  • Timmons v. Turner
    99 F3d 1140
    Before: SUHRHEINRICH and DAUGHTREY, Circuit Judges; JOHNSTONE, District Judge. Wayne A. Timmons, an Ohio prisoner proceeding pro se, appeals a district court judgment denying his petition for a wr...

  • United States v. Hoskins
    98 F3d 1336
    The Appellant, Eric Hoskins, pleaded guilty to possession with the intent to distribute cocaine but appeals the district court's order denying his motion to suppress the cocaine found on his person du...

  • United States v. M Haught
    98 F3d 1336
    David M. Haught pled guilty to an information charging that he willfully failed to account for and pay over to the Internal Revenue Service (IRS) certain taxes withheld from his employees, 26 U.S.C. &...

  • United States v. D Rainey Q
    98 F3d 1336
    Quinton D. Rainey was convicted of conspiracy to distribute cocaine base and possession of cocaine base with the intent to distribute, see 21 U.S.C.A. §§ 841(a)(1), 846 (West 1981 & Supp...

  • Buchanna v. Diehl Machine Inc
    98 F3d 366
    Stephen P. Lancaster, argued, Little Rock, AR (Roger A. Glasgow and Troy A. Price, on the brief), for appellant. Michael Angel, argued, Little Rock, AR (John Stround, on the brief), for appellee. ...

  • United States v. Acosta Guzman
    99 F3d 1147
    MEMORANDUM Victor Acosta-Guzman appeals the sentence imposed under the Sentencing Guidelines and his guilty plea conviction for harboring and concealing illegal aliens in violation of 8 U.S.C. §...

  • United States v. Yl Correa
    99 F3d 1147
    Before: O'SCANNLAIN and LEAVY, Circuit Judges, and HUFF, District Judge. MEMORANDUM Carnation Y.L. Correa ("Correa") appeals her jury conviction for filing false income tax returns, in violation o...

  • United States v. Walker
    98 F3d 944
    We could understand an argument that the lawyers' and the judge's erroneous conception of the effect of a detention order induced the defendant to plead guilty, in which event the remedy would be to r...

  • Garcia
    99 F3d 1138
    Plaintiffs appeal the District Court's order dismissing their complaint which alleged violations of 42 U.S.C. § 1983 and state law. The District Court found that the statute of limitations barre...

  • United States v. Garcia
    98 F3d 1347
    MEMORANDUM Felipe A. Garcia appeals his sentence under the Sentencing Guidelines for his jury conviction of conspiracy to manufacture methamphetamine and manufacturing methamphetamine in violation of...

  • United States v. Vindiola
    98 F3d 1348
    MEMORANDUM Raymundo Vindiola, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction for possession with intent to distribute ma...

  • United States v. Benabou
    98 F3d 1347
    MEMORANDUM Ilan Benabou appeals from his conviction for illegal reentry into the United States following deportation subsequent to felony conviction, in violation of 8 U.S.C. § 1326(a), (b)(1). ...

  • United States v. Valdez
    98 F3d 1348
    MEMORANDUM Richard Valdez appeals his sentence under the Sentencing Guidelines for his guilty plea conviction to conspiracy to make and pass counterfeit United States currency in violation of 18 U.S....

  • United States v. Jimenez
    98 F3d 1347
    MEMORANDUM Oscar Jimenez appeals his conviction by guilty plea and his sentence under the Sentencing Guidelines for conspiracy to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). Jime...

  • United States v. Girard
    98 F3d 1347
    MEMORANDUM In these consolidated cases, Noel Girard and David Hillenbrand appeal their convictions, which followed a bench trial, for assisting in the preparation of false and fraudulent tax returns ...

  • United States v. Comisar
    98 F3d 1347
    MEMORANDUM Federal prisoner Steven Robert Comisar appeals pro se the district court's denial of his second 28 U.S.C. § 2255 motion. Comisar contends the district court erred when it denied him ...

  • United States v. Olson
    98 F3d 1347
    MEMORANDUM Robert Earl Olson appeals his sentence under the Sentencing Guidelines for conspiracy to distribute methamphetamine. His counsel submitted a brief pursuant to Anders v. California, 386 U...

  • United States v. Jesser
    98 F3d 1347
    MEMORANDUM Peter Allen Jesser appeals his sentence imposed following his guilty plea to unarmed bank robbery in violation of 18 U.S.C. § 2113(a). Jesser contends that in adjusting his offense l...

  • United States v. Snyder
    98 F3d 1348
    MEMORANDUM William Graham Snyder appeals the district court's order which granted the government's Fed.R.Crim.P. 35 motion and reduced Snyder's sentence by 60 months for his substantial assistance to...

  • United States v. Leppert
    98 F3d 1347
    MEMORANDUM Sheri Lynn Leppert appeals the sentence imposed following her guilty plea to distribution of methamphetamine in violation of 21 U.S.C. § 841(a). Leppert contends that the district co...

  • United States v. Walker Ii
    98 F3d 1348
    MEMORANDUM Federal prisoner Wayman Walker II appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his guilty plea conviction for conspiracy to manufacture methyl...

  • United States v. Croft
    98 F3d 1347
    MEMORANDUM Frederick Mark Croft appeals his sentence imposed following his guilty plea to bank fraud in violation of 18 U.S.C. § 1344. Croft contends that in adjusting his offense level upward ...

  • United States v. Caro
    122 F3d 1075
    MEMORANDUM We AFFIRM all convictions of Francisco Caro Rodriguez and Jorge Perez-Garza, and decline to review Javier Gallardo Ochoa's sentencing for lack of jurisdiction. Assuming but not deciding ...

  • United States v. Chukwura
    101 F3d 230
    Defendant-appellant Anthony Chukwura appeals from a judgment entered February 21, 1996, in the United States District Court for the Eastern District of New York (I. Leo Glasser, Judge), that convicted...

  • Gilbert v. Storage Technology Corporation
    98 F3d 1349
    ORDER AND JUDGMENT Plaintiff-appellant Richard L. Gilbert appeals from the district court's final judgment entered against him in this employment discrimination case. The district court had jurisdic...

  • United States v. Barries Iii
    98 F3d 1347
    MEMORANDUM Reed Barries, III appeals his jury conviction for the crime of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) on the ground the statute is unconstitutiona...

  • United States v. Quijano
    98 F3d 1347
    MEMORANDUM Mario Santos Quijano appeals his conviction and 108-month sentence under the Sentencing Guidelines imposed following his guilty plea to importing a controlled substance and possession with...

  • United States v. Watkins
    98 F3d 1348
    MEMORANDUM Alexander Selwyn Watkins appeals his 120-month sentence following his guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(a). Wat...

  • Wright v. H Baldwin
    98 F3d 1348
    MEMORANDUM Rodney Francis Wright, an Oregon state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 habeas petition challenging his jury conviction for rape, sexual abuse, and public i...

  • United States v. Bernhard
    98 F3d 1347
    MEMORANDUM Robert Bernhard appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to armed bank robbery. His counsel submitted a brief pursuant to Anders v. Californ...

  • United States v. Beaty
    98 F3d 1347
    MEMORANDUM Mickey Dean Beaty appeals his conviction, following his conditional guilty plea for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and an armed career ...

  • United States v. J Nowaczyk
    98 F3d 1333
    After careful review of the record and briefs, we conclude that this case clearly presents no substantial issue for review. We find no error or abuse of discretion in the revocation of defendant's s...

  • Cardenas v. Co Skillings
    98 F3d 1345
    MEMORANDUM Leopoldo Cardenas, a Washington state prisoner, appeals pro se the district court's judgment in favor of Correctional Officer Robert Skillings following a bench trial in Cardenas' 42 U.S.C...

  • United States v. Doe
    98 F3d 459
    Two juvenile males, appellants Doe # 1 ("M.F.") and Doe # 2 ("I.S."), were adjudicated juvenile delinquents for committing an act of sexual abuse against another minor. Appellants contend, inter alia...

  • United States v. A Moore
    97 F3d 561
    Appellant Corey Moore was convicted of possession of an unregistered sawed-off rifle, in violation of the National Firearms Act ("Act"), 26 U.S.C. § 5861(d) (1994). Appellant contends that there...

  • Robertson v. Thornell
    99 F3d 1144
    Lee Dell Robertson appeals the district court's dismissal of Robertson's 42 U.S.C. § 1983 claim for damages. Robertson contends Detective Don Thornell searched Robertson's home and arrested him ...

  • United States v. A Catlett
    97 F3d 565
    Appellants Darnell Catlett and Derrick McAllister were charged with (1) distribution of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C) and 18 U.S.C. § 2; (2) posses...

  • Hadley v. Groose
    97 F3d 1131
    The State of Missouri appeals the district court's order granting Russell Hadley's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We affirm. In the early morning hours of D...

  • Forster v. W Boss L
    97 F3d 1127
    This case arises out of the sale of property fronting on the Lake of the Ozarks in Missouri. The plaintiffs are the buyers of the property, James D. Forster and Joann Forster. The defendants are the...

  • United States v. L Olvis D
    97 F3d 739
    After uncovering a large and violent crack cocaine conspiracy in the Williamsburg, Virginia area, the United States indicted 25 persons in three separate indictments. All 25 are black, and of the app...

  • Joos v. Ratliff
    97 F3d 1125
    Robert Joos appeals from the district court's judgment in favor of defendants following an evidentiary hearing in his 42 U.S.C. § 1983 action. We conclude the force employed against Joos in conn...

  • Keenan v. Beeler
    99 F3d 1139
    Thomas Earl Keenan appeals a district court judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. § 2241. This case has been referred to a panel of the court pursuan...

  • Maloney v. Converse
    98 F3d 1333
    Pro se debtor Martin James Maloney appeals a district court order that affirmed a bankruptcy court decision which held that a $400,000 civil judgment against Maloney was not dischargeable under 11 U.S...

  • United States v. Sellers
    99 F3d 1144
    William Sellers, an African-American, challenges the 84-month sentence imposed by the district court after he pleaded guilty to possessing cocaine base (crack) with intent to distribute, in violation ...

  • United States v. B Hersch
    98 F3d 1336
    A jury convicted Alex B. Hersch of making false statements, in violation of 18 U.S.C.A. § 1001 (West Supp.1996) (Count 2); and of perjury, in violation of 18 U.S.C.A. § 1623 (West 1984 &...

  • Item Company v. United States
    98 F3d 1294
    Defendant-appellant the United States (government) appeals a judgment of the Court of International Trade (CIT), holding that plaintiff-appellee The Item Company, d/b/a/ Blue Ridge: The Item Company'...

  • Ritchie v. Jackson
    98 F3d 1335
    William W. Ritchie and Frank Brown appeal the district court's grant of Defendants' motions for summary judgment in their 42 U.S.C. § 1983 (1994) action, wherein they alleged false arrest, use of...

  • United States v. Brunson
    98 F3d 1335
    Gilroy Lamar Brunson appeals from the district court's orders revoking his supervised release and sentencing him to two concurrent twelve-month terms of imprisonment. Brunson claims that the district...

  • Duffy v. Riveland G Duffy
    98 F3d 447
    Appellant Sean Duffy, a deaf Washington state prisoner, appeals two separate district courts' grants of summary judgment in favor of various state prison officials (collectively "the Appellees") and t...

  • Vance v. Peters Iii E
    97 F3d 987
    Jackie Vance, an inmate at Dwight Correctional Center ("Dwight"), brought suit under 42 U.S.C. § 1983 against three prison officials. She claimed that a prison guard used constitutionally excess...

  • Mayes v. United States
    98 F3d 1346
    MEMORANDUM Federal prisoner Robert M. Mayes appeals pro se the district court's denial of his petition for writ of error coram nobis. He contends the district court erred when it denied him relief. ...

  • United States v. Cooks
    99 F3d 1142
    Willie Cooks attempted, pursuant to Fed.R.Crim.P. 32(e), to withdraw his plea of guilty, based on a written plea agreement, to the offense of one count of distributing PCP in violation of 21 U.S.C. &#...

  • Oluwa v. Cambra H
    98 F3d 1346
    MEMORANDUM Ras Adisa Gamba Oluwa, a California state prisoner, appeals pro se the denial of his 28 U.S.C. 2254 habeas corpus petition challenging the California Board of Prison Terms' refusal to hold...

  • United States v. National Financial Services Incorporated J N
    98 F3d 131
    National Financial Services, Inc. (NFS), Robert J. Smith, and N. Frank Lanocha are debt collectors who, primarily on behalf of companies selling magazine subscriptions, send out computer-generated du...

  • United States v. Davis
    98 F3d 141
    The defendant, Cecil McDonald Davis, was indicted in September 1994 under a four count indictment. The indictment alleged conspiracy, in violation of 18 U.S.C. § 371, to damage and destroy or at...

  • United States v. Fleschner
    98 F3d 155
    Defendants Herbert D. Fleschner, Robert B. Clarkson, and Vernon Rubel appeal their convictions for conspiracy to defraud the United States of income tax revenue in violation of 18 U.S.C. § 371. ...

  • Scott Ii v. Gomez
    98 F3d 1346
    MEMORANDUM Sterling B. Scott II, a California state prisoner, appeals pro se the district court's denial pursuant to 28 U.S.C. § 1915(d) of his motion to proceed in forma pauperis and the dismis...

  • Harris v. Chapman Mj Jw T R R
    97 F3d 499
    On September 25, 1989 several correctional officers at the Martin Correctional Institution ("MCI") in Martin County, Florida forcibly removed Vincent D. Harris from his cell and had his hair cut, alle...

  • David v. Reno J
    98 F3d 1345
    MEMORANDUM David Michael David appeals pro se the district court's dismissal of his application for a writ of mandamus. In the writ, David asked the district court to compel the United States Attorn...

  • United States v. E Graves
    98 F3d 258
    Between August 1993 and July 1994, a 61-year-old man named Dale Graves, who had no previous criminal record (other than for driving offenses) but had suffered a stroke the previous year, robbed the sa...

  • United States v. Colvert
    98 F3d 1347
    MEMORANDUM David Albert Colvert, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his criminal conviction on double jeopardy grounds. We...

  • United States v. D Lomax
    99 F3d 1142
    Ricky Lomax conditionally pleaded guilty to one count of possession of a firearm by a felon, 18 U.S.C. §§ 922(g), 924(e)(1), while reserving the right to appeal the district court's denial o...

  • United States v. Mathis
    96 F3d 1577
    Defendant Ronald E. Mathis (a/k/a "Romeo") was convicted of multiple drug counts and received a life sentence without parole. On appeal, he alleges that the government violated his right to a speedy ...

  • Wanamaker v. H Albrecht
    99 F3d 1151
    ORDER AND JUDGMENT Donald H. Albrecht and Jo Anne Albrecht ("the Albrechts") appeal from an order of the district court granting summary judgment dismissing their counterclaims for fraud, rescission,...

  • United States v. Gutierrez
    97 F3d 1445
    Defendant pled guilty and was sentenced to a seventy-month term of imprisonment for a violation of 21 U.S.C. § 841(a)(1). On appeal she argues that the district court erred in refusing to depart...

  • Pedrina v. Chun
    97 F3d 1296
    Plaintiffs Leonard Wong, et al., brought this action against Defendants Han Kuk Chun, Tetsuo Yasuda, Masanori Kobayashi, Yoshinori Hayashida, Y.Y. Valley Corporation ("YYVC"), Hiroshi Kobayashi, Eugen...

  • United States v. Cifuentes Riascos
    97 F3d 1445
    Defendant was convicted of unlawful re-entry by a deported alien in violation of 8 U.S.C. § 1326(b)(2). He was sentenced to 100 months imprisonment and fined $500. On appeal he argues for the f...

  • United States v. Cordoba
    104 F3d 225
    This appeal requires us to decide whether our per se rule excluding the admission of unstipulated polygraph evidence was effectively overruled by Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, ...

  • United States v. M Stoner
    98 F3d 527
    The defendant, Cynthia M. Stoner, appeals her conviction and sentence following a jury verdict for conspiracy under 18 U.S.C. § 371 relating to the embezzlement of tribal funds. Ms. Stoner conte...

  • Demeris v. Cumberland Farms Inc
    97 F3d 1445
    This is an appeal by Cumberland Farms, Inc. ("Cumberland") from a preliminary injunction granted to Zenaphon R. Demeris, d/b/a Aki's Gulf ("Demeris") pursuant to the Petroleum Marketing Practices Act...

  • Herman v. L Johnson
    98 F3d 171
    David Lee Herman, sentenced to death for the murder of Jennifer Burns, seeks to appeal the district court's denial of his petition for writ of habeas corpus. We dismiss his appeal. While robbing th...

  • Reynolds v. United States
    99 F3d 1130
    The appellant's petition for rehearing and suggestion for rehearing en banc were submitted to this Court; the appellee submitted a response to the petition. Upon consideration of the parties' submi...

  • Lucien v. B Gramley A Iii
    99 F3d 1142
    Rudolph Lucien filed this suit pursuant to 42 U.S.C. § 1983, seeking damages for Eighth and Fourteenth Amendment violations related to the conditions of confinement during a three-month period in...

  • United States v. N Moore
    98 F3d 347
    Andre N. Moore and Larry Jones appeal their convictions and sentences for possession with intent to distribute more than fifty grams of cocaine base within one thousand feet of a school zone in violat...

  • Chance Management Inc v. State Of South Dakota
    97 F3d 1107
    A corporation may obtain a license as a video lottery machine operator for the South Dakota Lottery only if residents of South Dakota hold the majority ownership interest in the corporation. S.D. Cod...

  • United States v. Garcia Jr
    99 F3d 1140
    Juan Balderas Garcia Jr. appeals his judgment of conviction and sentence of imprisonment entered after a jury found him guilty of possession with intent to distribute marijuana in violation of 21 U.S....

  • Blake v. Kernan Ac J E Co M Ii
    98 F3d 1345
    MEMORANDUM Melvin James Blake, a California state prisoner, appeals pro se the district court's summary judgment in favor of prison officials in Blake's 42 U.S.C. § 1983 action alleging that pri...

  • Cleary v. L Benov
    98 F3d 1345
    MEMORANDUM Thomas James Cleary appeals pro se the district court's denial of his 28 U.S.C. § 2241 habeas petition. Cleary contends that the district court erred by finding that he had adequate ...

  • United States v. Meliksetian
    98 F3d 1347
    MEMORANDUM Abram Meliksetian appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction and sentence for conspiracy and possession of cocaine in violati...

  • United States v. Patterson
    98 F3d 1347
    MEMORANDUM Appellant Vernon Wayne Patterson appeals the 188-month sentence imposed on him by the district court under U.S.S.G. § 5G1.3(a). We have jurisdiction under 28 U.S.C. § 1291. We ...

  • Sharp v. A Fields
    99 F3d 1150
    Gary Vern Sharp, a state prisoner proceeding pro se, appeals the district court's sua sponte dismissal of his civil rights complaint pursuant to Fed.R.Civ.P. 12(b)(6). We find no error in the distric...

  • Seagrave v. Lake County Sheriffs Department
    98 F3d 1346
    MEMORANDUM Harry James Seagrave, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas petition and granting of summary judgment in favor of d...

  • United States v. Quinones
    97 F3d 473
    Juan Ramon Quinones appeals from a judgment of conviction entered on his guilty plea to one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) (Count One...

  • United States v. Stinson
    97 F3d 466
    Terry Lynn Stinson appeals the sentence imposed at resentencing on five counts arising out of his robbery of a Florida bank. We affirm. Terry Lynn Stinson was convicted on his plea of guilty on fiv...

  • Morrison v. Reichhold Chemicals Inc
    97 F3d 460
    Among various challenged trial errors and costs rulings by the district court, this appeal presents the first-impression issue for our circuit of whether video depositions are taxable as costs under 2...

  • United States v. Holloway
    98 F3d 1347
    MEMORANDUM Steven Emile Holloway appeals the 78-month sentence imposed following his plea of guilty to armed bank robbery in violation of 18 U.S.C. § 2113(a), (d). Pursuant to Anders v. Califo...

  • Machuca v. White
    98 F3d 1346
    MEMORANDUM Hugo Machuca, a California state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition. The district court denied Machuca's petition after concluding ...

  • United States v. C Campo
    98 F3d 1347
    MEMORANDUM Julius Campo appeals the forty-one month sentence imposed following his plea of guilty to commit mail theft in violation of 18 U.S.C. § 371. Campo contends the district court erred b...

  • United States v. E Harvey
    98 F3d 1347
    MEMORANDUM William E. Harvey appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his guilty plea conviction and 188-month sentence for three counts of distribut...

  • Bowen v. United States
    98 F3d 1345
    MEMORANDUM Federal prisoner Dean Edward Bowen appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his conviction and sentence. Bowen contends the district court ...

  • United States v. Bell
    98 F3d 1347
    MEMORANDUM David Bell appeals pro se the denial of his 28 U.S.C. § 2255 motion challenging his conviction for several bank robbery offenses. Bell contends that: (1) the district court abused i...

  • McCauley Bey v. K Delo
    97 F3d 1104
    Jerry McCauley-Bey, serving a life sentence for second degree murder, a consecutive life sentence for first degree assault, and two concurrent thirty-year sentences for armed criminal action, petition...

  • United States v. Greschner
    99 F3d 1151
    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. McCarthy
    97 F3d 1562
    Thomas McCarthy, Clarence Houston, John Piner, Carl Thompsen, Michael Ness, and Stephen Labrie appeal from judgments entered against them by the district court on various drug and drug-related charges...

  • Wehr v. Ryans Family Steak Houses Inc
    99 F3d 1140
    Plaintiff Jack Wehr appeals an order denying his motion to amend the judgment and award reinstatement or, in the alternative, for a new trial, and also denying his motion to modify the judgment to all...

  • United States v. C Douglas
    99 F3d 1140
    Trevor C. Douglas pleaded guilty to illegally possessing and dealing in firearms, violations of 18 U.S.C. §§ 922(g) and 922(a)(1)(A). On December 8, 1995, he was sentenced to an aggregate t...

  • Comercia Bank v. Suburban Trust and Savings Bank
    99 F3d 1138
    Plaintiff, Comerica Bank (Comerica), sued defendants, Suburban Trust and Savings Bank (Suburban), and Columbia National Bank of Chicago (Columbia), in this diversity action arising out of the parties'...

  • United States v. Wilson
    98 F3d 1348
    MEMORANDUM Robert Wilson appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his 58-month sentence for various firearms offenses. Wilson contends the district co...

  • United States v. Harris
    98 F3d 1347
    MEMORANDUM Michael Harris appeals the district court's denial of his post-judgment motion for correction of his sentence. We have jurisdiction under 28 U.S.C. § 1291. We review the district co...

  • Bery v. City Of New York
    97 F3d 689
    Noah A. Kinigstein, New York City, Carol Novack, New York City, for Bery Plaintiffs-Appellants. Wayne A. Cross, New York City (Randall M. Fox, New York City, Dewey Ballantine, New York City ), for L...

  • Richmond Boro Gun Club Inc Vi v. City Of New York P
    97 F3d 681
    Appellants Richmond Boro Gun Club, the New York State Rifle and Pistol Association, and John Does I through VI brought this action challenging New York City Local Law 78 of 1991, amending New York Cit...

  • United States v. Maccado
    99 F3d 1132
    Nigel Judson Maccado appeals his conviction for driving without an operator's license, 36 C.F.R. § 4.2 (1996), assimilating VA. CODE ANN. § 46.2-301 (Michie 1966), and driving while intoxic...

  • Ii v. Shillinger
    99 F3d 1149
    ORDER AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R...

  • United States v. Distefano
    99 F3d 1151
    Mr. Distefano moved to vacate his sentence pursuant to 28 U.S.C. § 2255 and sought the return of forfeited property on double jeopardy grounds. We have reviewed the district court's order, which...

  • Smith v. P Duncan
    98 F3d 1342
    Oren Keith Smith, proceeding pro se, appeals a district court order dismissing his civil rights suit filed under 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to...

  • Clark v. E Lecureux
    98 F3d 1341
    Curtis Lee Clark appeals a district court judgment denying his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. This case has been referred to a panel of the court pursuant to ...

  • Formisano v. United States
    98 F3d 1341
    Antonio Formisano Sr., proceeding pro se, appeals a district court judgment denying his motion to vacate his sentence filed pursuant to 28 U.S.C. § 2255. This case has been referred to a panel o...

  • Wright v. Riveland
    98 F3d 1345
    MEMORANDUM Paul A. Wright appeals pro se the district court's summary judgment in favor of defendant prison officials in his 42 U.S.C. § 1983 civil rights action alleging that the defendants vio...

  • Anaya v. T White
    98 F3d 1345
    MEMORANDUM Alex Anaya, Jr., appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition. Anaya contends that: 1) insufficient evidence supported an enhancement to his sentence ...

  • Huff v. Warden Kentucky State Reformatory
    98 F3d 1341
    John Rancy Huff appeals pro se from a district court judgment that dismissed his habeas corpus petition filed under 28 U.S.C. § 2254. His appeal has been referred to a panel of this court pursua...

  • Robinson v. A Lewis
    98 F3d 1346
    MEMORANDUM Lonnie B. Robinson, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of state prison officials in his 42 U.S.C. § 1983 action. Robinson conten...

  • Masters v. City Of Bellflower
    98 F3d 1346
    MEMORANDUM Leo Masters appeals pro se the district court's summary judgment for the defendants in his 42 U.S.C. § 1983 civil rights action. We have jurisdiction pursuant to 28 U.S.C. § 129...

  • Pratt v. United States
    98 F3d 1346
    MEMORANDUM John Edward Pratt, a federal prisoner, appeals pro se the district court's denial of his habeas corpus petition brought under 28 U.S.C. § 2241. Pratt contends that: 1) the district ...

  • Ono v. Ce Floyd J J W N A
    98 F3d 1346
    MEMORANDUM Federal prisoner Paul Masaru Ono appeals pro se the district court's denial of a preliminary injunction in his action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of N...

  • United States v. Reid
    98 F3d 1336
    Appellant appeals from the district court's order denying his motion under 28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat....

  • Griffin v. United States
    98 F3d 1341
    This is a direct appeal from a judgment denying a motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules o...

  • Johnson v. A Johnston
    98 F3d 1342
    Edgar Johnson, Jr., a Michigan prisoner proceeding pro se, appeals a district court judgment granting summary judgment in favor of the defendant in this civil rights suit filed under 42 U.S.C. § ...

  • United States v. Akrawi
    98 F3d 1342
    Ragheed Akrawi appeals a district court order denying his motion for transcript at government expense. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Cir...

  • Szymanski v. United States
    98 F3d 1342
    Eugene Szymanski appeals a district court order denying his motion to vacate sentence filed under 28 U.S.C. § 2255 and dismissing his petition for a writ of coram nobis. The case has been referr...

  • United States v. T Shanks
    97 F3d 977
    Booker T. Shanks ("Shanks") was convicted by a jury of (1) knowingly and intentionally possessing with the intent to distribute heroin and of (2) knowingly and intentionally possessing with the intent...

  • Taylor v. Guzik
    98 F3d 1342
    William O. Taylor appeals a district court judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. § 2241. This case has been referred to a panel of the court pursuant...

  • Valassis Communications Inc v. Aetna Casualty and Surety Company
    97 F3d 870
    The plaintiffs-appellants, Valassis Communications and David Brandon, appealed the lower court's order granting Aetna's motion to dismiss the complaint for failure to state a claim. Specifically, the...

  • United States v. A Chambos
    98 F3d 1343
    Nicholas A. Chambos appeals his judgment of conviction and sentence. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this pan...

  • Durham v. Numan
    97 F3d 862
    Plaintiff Russell Durham appeals the District Court's grant of summary judgment for the five defendants in this 42 U.S.C. § 1983 suit arising out of an August, 1990, assault by hospital security ...

  • United States v. Sanders
    97 F3d 856
    Defendant-Appellant Lummie Sanders ("Sanders") appeals his sentence imposed on remand after his conviction on charges of possession of a firearm by a convicted felon and making a false statement in th...

  • Clemente v. Q Crane
    97 F3d 1445
    The Commonwealth of Massachusetts State Board of Retirement terminated plaintiff Gerald W. Clemente's disability retirement and group insurance benefits because of his conviction of a crime four years...

  • Killian v. City Of Riverview
    98 F3d 1342
    George Killian, a pro se federal prisoner, appeals a district court judgment dismissing his civil rights suit filed pursuant to 42 U.S.C. §§ 1983, 1985(3) and 1988. This case has been refer...

  • United States v. Bailey
    97 F3d 982
    Richard Bailey appeals the mandatory sentence of life imprisonment he received after the district court determined that, as part of his racketeering activities, Bailey conspired to murder and solicite...

  • United States v. Dooley
    98 F3d 1347
    MEMORANDUM Appellant Kevin Victor Dooley ("Dooley") appeals his sentence under the Sentencing Guidelines following his conviction for bank robbery (18 U.S.C. § 2113(a)). We have jurisdiction un...

  • United States v. Maldonado
    98 F3d 1347
    MEMORANDUM John Maldonado, Ramon Osuna, Jose Landeros, and Jaime Nevarez were convicted on drug conspiracy and other drug charges. Each defendant appeals his conviction or sentence or both. We affi...

  • Lewis v. Sacramento County
    98 F3d 434
    This 42 U.S.C. § 1983 case involves a high-speed pursuit of two teenagers on a motorcycle by a law enforcement officer in a patrol car. One of the teenagers was killed. We have jurisdiction und...

  • Rodriguez Roman v. Immigration and Naturalization Service
    98 F3d 416
    Francisco Lucas Rodriguez-Roman, a native and citizen of Cuba, asserts that he left Cuba for political reasons and that, if deported, he would be subjected to prolonged incarceration, and possibly eve...

  • United States v. Smith
    96 F3d 1350
    Court-appointed counsel in this direct criminal appeal has moved to withdraw and has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independen...

  • United States v. Hannah
    97 F3d 1267
    Gerald Wayne Hannah stood trial for bank robbery. The government argued that he had driven through a drive-up window and handed the teller a hold-up note, and then drove away with cash. During jury ...

  • Reich v. Local International Brotherhood Of Teamsters Chauffeurs Warehousemen and Helpers Of America
    97 F3d 1269
    This appeal arises out of a Labor-Management Reporting and Disclosure Act (LMRDA) Title IV suit brought by the Secretary of Labor against Teamsters' Local 396. The Secretary asserts that Local 396 vi...

  • United States Securities and Exchange Commission v. H Fehn
    97 F3d 1276
    This appeal requires us to apply Section 104 of the recently enacted Private Securities Litigation Reform Act of 1995, which expressly authorizes the Securities and Exchange Commission ("SEC") to brin...

  • Elliott v. B Kiesewetter B H 95 3104 K Elliott
    98 F3d 47
    This appeal involves a challenge to the district court's asset freeze order arising out of certain litigation pending in the district court between members of the Kiesewetter family. The asset freeze...

  • United States v. Q Wesley
    107 F3d 924
    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 ...

  • Okpala v. Department Of Justice and United States Customs Service
    107 F3d 923
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the appellant's brief. The court has determined that the issues presented occasion n...

  • United States v. Koon
    98 F3d 1347
    MEMORANDUM Ricky David Koon appeals his 151-month sentence imposed following a guilty plea to unarmed bank robbery in violation of 18 U.S.C. § 2113(a). Koon contends that the district court err...

  • United States v. E Jackson
    98 F3d 1347
    MEMORANDUM Appellant Lowell Jackson, Jr. ("Jackson") appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion following his conviction by guilty plea to one count of distributi...

  • United States v. Maddox
    98 F3d 1347
    MEMORANDUM Ernest Joe Maddox, in pro per, appeals his sentence after pleading guilty to making false statements to a financial institution in violation of 18 U.S.C. § 1014. He contends the dist...

  • United States v. Ruenzel
    98 F3d 1347
    MEMORANDUM James Herbert Ruenzel appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Ruenzel contends that: (1) his federal conviction violated the Double Jeopardy Claus...

  • United States v. A Atman M
    98 F3d 1342
    On September 6, 1996, a jury returned a verdict finding the defendant guilty on four counts of drug-related criminal activity. Thereafter, he filed a pro se notice of appeal seeking "to appeal the ju...

  • United States v. Polk
    97 F3d 1096
    Michael Anthony Polk was indicted on a charge of possession with intent to distribute cocaine under 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). Following the indictment, Polk filed a motion to su...

  • Enterprises Inc v. Zurich Insurance Company
    97 F3d 171
    When is fire not the enemy of ice? When the 50% shareholder of a failing Dairy Queen franchise in Blissfield, Michigan torches that franchise outlet for profit, and his wife, who also owns 50% of th...

  • Grand Jury Subpoena United States v. H McDougal
    97 F3d 1090
    Susan H. McDougal appeals a district court order holding her in contempt for refusing to testify before a federal grand jury under an appropriate grant of use immunity. See 28 U.S.C. § 1826(a); ...

  • United States v. Milojevich
    98 F3d 1347
    Before: WIGGINS and TROTT, Circuit Judges, and VANCE, District Judge. MEMORANDUM Appellant Jack John Milojevich was convicted of possession of an unregistered machine gun in violation of the Natio...

  • Imco Inc v. United States
    97 F3d 1422
    IMCO, Inc., appeals the April 28, 1995 judgment of the United States Court of Federal Claims, 33 Fed. Cl. 312 (1995), dismissing its bid protest challenging the Army's cancellation of a solicitation ...

  • United States v. D Taylor
    97 F3d 1360
    Terry D. Taylor (Taylor) appeals from his conviction and sentence entered following his plea of guilty to knowingly maintaining a place for the manufacture of methamphetamine, in violation of 21 U.S.C...

  • United States v. Arnold
    98 F3d 1335
    Jill Maureen Arnold was convicted of one count of possession with intent to distribute methamphetamine, 21 U.S.C. § 841(a)(1) (1988). Arnold now appeals her conviction and 120-month sentence. F...

  • United States v. L Bailie B
    99 F3d 1147
    MEMORANDUM The convictions and sentences of Ron, Nada, and Terri Bailie (collectively the Bailies) for conspiracy, making false statements and the misapplication or embezzlement of federal funds are ...

  • Nickelson v. United States
    98 F3d 1342
    The pro se petitioner, Sharod Nickelson, appeals a district court order denying his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. He now moves for release on...

  • Tokar v. Armontrout
    97 F3d 1078
    Jeffrey Tokar appeals from a judgment of the district court granting summary judgment in favor of Bill Armontrout, Robert Drennen, and Myrna E. Trickey, former officials with the Missouri Department o...

  • Ceja v. Stewart
    97 F3d 1246
    Jose Jesus Ceja is on death row in Arizona. He appeals the district court's denial of his habeas corpus petition. We have jurisdiction. 28 U.S.C. §§ 1291 and 2253. We affirm. In 1974, ...

  • United States v. Sherpa
    97 F3d 1239
    Pemba Rita Sherpa, a native and citizen of Nepal, was convicted by a jury of possession of heroin with intent to distribute and of importation of heroin in violation of 21 U.S.C. §§ 841(a)(1...

  • Sampley v. E Wright
    98 F3d 1344
    Pro se appellant Bill Sampley, a state prisoner, filed this civil rights action under 42 U.S.C. § 1983 alleging violations of his Eighth and Fourteenth Amendment rights. He claims that while inc...

  • United States v. C David
    96 F3d 1477
    We reject Patrick David's challenge to his conviction for drug possession which he makes on the ground that the trial court improperly admitted paging company records which contained hearsay. We decl...

  • United States v. Gatling
    96 F3d 1511
    Appellant Jennifer Gatling ("Gatling") and appellant Cheryl Walker ("Walker") were each convicted of conspiracy to commit bribery in regard to the illegal issuance of section 8 subsidies through the S...

  • United States v. Becerra
    97 F3d 669
    This appeal primarily concerns the validity of the execution of an anticipatory search warrant. In February 1994, customs agents intercepted a package containing 740 grams of cocaine sent from Cali, ...

  • United States v. E Neal
    98 F3d 1344
    A jury convicted John Neal of conspiracy with intent to distribute marijuana, see 21 U.S.C. §§ 846, 841(a)(1), and conspiracy to launder money, see 18 U.S.C. §§ 371, 1956(a)(1)(A)(...

  • Orback v. Hewlett Packard Company
    97 F3d 429
    Plaintiffs, all former Colorado employees of Hewlett-Packard Company, appeal from summary judgment entered for Hewlett-Packard in four consolidated wrongful discharge actions. Although the circumstan...

  • Pyle v. Starbuck
    98 F3d 1350
    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. Sotelo
    97 F3d 782
    Defendants-Appellants challenge their convictions and sentences relating to a drug trafficking conspiracy. Finding no reversible error, we affirm. a. Proceedings in the district court Appellants ...

  • Turner v. Caldwell
    98 F3d 1344
    On October 25, 1991, inmate Gregory Turner was struck from behind by another inmate in an unprovoked attack at the Cook County Jail. In this civil rights suit pursuant to 42 U.S.C. § 1983, Turne...

  • United States v. Burkins
    98 F3d 1350
    Peter Burkins was convicted of fifteen counts of possession with intent to distribute cocaine base, conspiracy to possess with intent to distribute, money laundering and possession of a firearm during...

  • United States v. Sherpa
    110 F3d 656
    Pemba Rita Sherpa, a native and citizen of Nepal, was convicted by a jury of possession of heroin with intent to distribute and of importation of heroin in violation of 21 U.S.C. §§ 841(a)(1...

  • United States v. Sherpa
    99 F3d 1148
    Before: WALLACE and T.G. NELSON, Circuit Judges, and BROWNING, District Judge. MEMORANDUM Pemba Rita Sherpa, a native and citizen of Nepal, appeals the district court's denial of his motions to su...

  • United States v. Perkins
    98 F3d 1343
    The defendant appeals an order of the district court denying his post-judgment "Motion to Supplement the Record with Newly Discovered Evidence, Dismiss the Case or Set Aside Jury Verdict." We conclu...

  • United States v. Duran
    96 F3d 1495
    On April 4, 1995, a jury convicted Francisco Martin Duran of ten criminal counts, all of which centered on the fact that on October 29, 1994, at around 3:00 in the afternoon, Duran stood on the Pennsy...

  • United States v. Payne
    99 F3d 1148
    Before: BEEZER and THOMPSON, Circuit Judges, and GILLMOR, District Judge. MEMORANDUM Michael Dwayne Payne appeals his conviction for being a felon in possession of a firearm. Payne argues that (1...

  • United States v. Alston
    98 F3d 1335
    The defendant, William Alston, appeals his conviction for armed robbery of a federal credit union in violation of 18 U.S.C. § 2113(a) and (d) on the grounds of insufficient evidence and prosecuto...

  • Chateaubriand v. Gaspard
    97 F3d 1218
    We must decide whether state legislators are immune from suit for allegedly firing an employee who opposed performing illegal political campaign activity. * In 1985 the Washington State Senate Democ...

  • United States v. Anderson
    98 F3d 1335
    Samuel Wayne Anderson appeals as plainly unreasonable the 24-month sentence he received after his supervised release was revoked. We affirm. Anderson was previously convicted of intent to defraud t...

  • Cornell v. Maass
    99 F3d 1145
    MEMORANDUM Oregon state prisoner Donald Edward Cornell ("Cornell") appeals the district court's denial of his habeas petition pursuant to 28 U.S.C. § 2254. Cornell argues that the Oregon Board ...

  • United States v. Amerson
    98 F3d 1335
    Jermaine Amerson appeals from an order of the district court revoking his supervised release and sentencing him to the statutory maximum of two years. Amerson concedes a number of violations of the c...

  • United States v. Dc Jaramillo
    98 F3d 521
    A jury convicted James Jaramillo of 118 counts of Medicare fraud, 95 counts of Medicaid fraud, and 15 counts of filing false claims with the CHAMPUS program. The jury, however, acquitted Jaramillo of...

  • Santamaria v. Horsley
    110 F3d 1352
    Sheriff Don Horsley of San Mateo County, California, appeals from the district court's order granting Jose Napolean Santamaria's petition for writ of habeas corpus. The district court had jurisdictio...

  • Pascall Group Inc Arw v. Steel Reclamation Resources Inc
    98 F3d 1349
    ORDER AND JUDGMENT 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. ...

  • United States v. J Ebert
    99 F3d 448
    This case was heard on the record from the United States District Court for the District of Columbia and on the briefs and arguments by counsel. The court has accorded the arguments full consideratio...

  • United States v. Rice
    98 F3d 1350
    ORDER AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R...

  • United States v. L Glover
    97 F3d 1345
    Defendants David Wann and Robert Glover appeal from the joint denial of their substantially similar motions to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. The district court d...

  • Munoz v. Rowland
    104 F3d 1096
    Munoz appeals from the district court's denial of his petition for writ of habeas corpus. The district court had jurisdiction pursuant to 28 U.S.C. § 2254. We have jurisdiction over this timely...

  • United States v. Sloan
    97 F3d 1378
    In these consolidated appeals, appellants challenge the sentences imposed after their pleas of guilty to violations of 21 U.S.C. § 841(a). Appellants argue that the relevant statute and Sentenci...

  • United States v. Obrien
    99 F3d 1147
    MEMORANDUM O'Brien appeals her sentence under the Sentencing Guidelines. We have jurisdiction under 18 U.S.C. § 3742 and affirm. O'Brien argues that the district court erred in increasing her...

  • Jones v. United States
    97 F3d 1077
    In 1991, Appellant Charles Boston Jones was convicted of delivering and conspiring to deliver marijuana. Prior to that conviction, Jones' tractor trailer was administratively forfeited by the Drug En...

  • Cooper v. Secretary Of Army
    98 F3d 1341
    Bobby L. Cooper, a pro se federal prisoner, appeals a district court judgment dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. This case has been referred ...

  • Hernandez v. United States
    98 F3d 1341
    Before: SUHRHEINRICH and MOORE, Circuit Judges; MCKINLEY, District Judge. Carlos Rafael Hernandez appeals a district court order denying his motion to vacate sentence filed under 28 U.S.C. § ...

  • Chandler v. Chapleau W R
    98 F3d 1341
    Before: MARTIN, Chief Judge; BROWN, Circuit Judge; McCALLA, District Judge. Buster Chandler, a Kentucky prisoner proceeding pro se, appeals a district court judgment dismissing his civil rights s...

  • United States v. L Greenhill
    99 F3d 1147
    Before: CANBY and FERNANDEZ, Circuit Judges, and JONES, District Judge. MEMORANDUM Anthony Leon Greenhill was a parolee from the California State Prison System. After Greenhill had apparently vio...

  • Rolfe v. United States
    98 F3d 1342
    Before: SUHRHEINRICH and MOORE, Circuit Judges; MCKINLEY, District Judge. Claude and Pamela Rolfe, pro se federal prisoners, appeal a district court order denying their joint motion to vacate, set...

  • United States v. Macaulay
    98 F3d 1343
    Before: KENNEDY, DAUGHTREY, and WEIS, Circuit Judges. This is a direct appeal from a criminal conviction in which the only issues raised concern the application of the sentencing guidelines. The p...

  • Johnson v. United States
    98 F3d 1342
    Before: SUHRHEINRICH and MOORE, Circuit Judges; McKINLEY, District Judge. Bernard Lamarr Johnson appeals pro se from a district court judgment that denied a motion to vacate his sentence under 28 ...

  • Plummer v. American Institute Of Certified Public Accountants
    97 F3d 220
    This appeal arises from a disciplinary action taken against Ray E. Plummer by the American Institute of Certified Public Accountants ("AICPA"). The AICPA claimed that Plummer, while acting in his cap...

  • Atkins v. Smythe
    98 F3d 1341
    This state prisoner, represented by counsel, appeals a district court judgment denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The parties have waived oral a...

  • Drinkard v. L Johnson
    97 F3d 751
    Richard Gerry Drinkard, a Texas death row inmate, seeks a certificate of probable cause ("CPC") to appeal the district court's denial of his petition for a writ of habeas corpus. Construing his appli...

  • United States v. Morrison
    98 F3d 1336
    Brian Lamont Morrison entered a guilty plea to one count of conspiracy to possess false identification documents with intent to use, 18 U.S.C.A. § 371 (West 1966 & Supp.1996), and one count o...

  • United States v. Apfel
    97 F3d 1074
    Appellant, Monte Allen Apfel, appeals the district court's denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. We affirm. On April 20, 1990, pursuant to ...

  • United States v. Moss
    98 F3d 1336
    Charles Edward Moss, Jr., pled guilty to conspiracy to possess with the intent to distribute crack cocaine, in violation of 21 U.S.C. § 846 (1994). The district court sentenced Moss to serve 210...

  • United States v. R Caldwell
    97 F3d 1063
    John R. Caldwell appeals from a final judgment entered in the District Court for the Western District of Missouri upon a jury verdict finding him guilty of distribution of methamphetamine in violation...

  • Allen D Labayre v. State Of Iowa
    97 F3d 1061
    The State of Iowa charged Allen D. LaBayre with two counts of second-degree sexual abuse for the oral and anal rapes of his girlfriend's two young sons over a two-year period. Before LaBayre's 1988 t...

  • Daniels v. United States
    98 F3d 1341
    Before: MARTIN, Chief Judge; BROWN, Circuit Judge; McCALLA, District Judge. This is an appeal from a judgment denying a motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. This ca...

  • United States v. R Winnie
    97 F3d 975
    Gail Winnie of Harshaw, Wisconsin, was a member of a party that went on a monthlong hunting safari in Africa in 1981. During the safari a cheetah was shot and killed. The cheetah was imported into t...

  • United States v. Brekke
    97 F3d 1043
    Defendants Lauree Flaa Brekke and James Stanley Brekke were indicted in federal district court in Minnesota on charges of bank fraud, making false statements to a financial institution, mail fraud, an...

  • United States v. Branham
    97 F3d 835
    James E. Arehart, Asst. U.S. Attorney (argued), Mark A. Wohlander, Asst. U.S. Attorney (briefed), Office of the U.S. Attorney, Lexington, KY, for U.S. in Nos. 95-5213, 95-5241, 95-5357 and 95-5490. ...

  • United States v. Mylett
    97 F3d 663
    Joseph Cusimano appeals from a final judgment and sentence entered on May 16, 1996, in the United States District Court for the Southern District of New York following his conviction for trading in vi...

  • Salazar v. L Johnson
    96 F3d 789
    Christopher Joseph Salazar, II, Texas Department of Criminal Justice, Gatesville, TX, for petitioner-appellant. John Brent Worley, Office of the Attorney General for the State of Texas, Austin, TX, ...

  • United States v. J Baylor
    97 F3d 542
    In these appeals from their convictions by a jury of conspiracy to distribute cocaine base, 21 U.S.C. § 846, distribution of cocaine base, id. § 841, and distribution of cocaine base within ...

  • United States v. W Pretty M
    98 F3d 1213
    Defendants Patricia Whitehead and William Pretty appeal their convictions and sentences arising out of a bribery and money laundering scheme. The government charged that the defendants, with Patrick ...

  • Castilleja v. Harwell
    98 F3d 1349
    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 ...

  • Moore v. True
    98 F3d 1349
    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...

  • Orr v. United States
    98 F3d 1342
    Robert B. Orr, proceeding pro se, appeals a district court judgment denying his motion to vacate his sentence filed pursuant to 28 U.S.C. § 2255. This case has been referred to a panel of the co...

  • United States v. Nivins
    98 F3d 1343
    Before: KENNEDY, DAUGHTREY, and WEIS, Circuit Judges. Kevin Lamar Nivins appeals a district court order revoking his supervised release and sentencing him to two years of imprisonment. The case ha...

  • Small v. Perrill
    98 F3d 1350
    ORDER AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R...

  • Johnson v. Dipaolo
    98 F3d 1333
    Petitioner Walter Johnson filed the instant petition for a writ of habeas corpus in 1993, complaining primarily of delay attending the progress of his direct criminal appeal in state court. In respon...

  • United States v. Behrens
    98 F3d 1350
    Harold Onee Behrens, Jr., appearing pro se and in forma pauperis, appeals the district court's denial of his motion to recover property pursuant to Rule 41(e) of the Federal Rules of Criminal Procedur...

  • United States v. Hood
    98 F3d 1350
    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...

  • McCrady v. United States
    98 F3d 1342
    Before: MARTIN, Chief Judge; BROWN, Circuit Judge; McCALLA, District Judge. William McCrady appeals a district court order denying his motion to vacate sentence filed pursuant to 28 U.S.C. §...

  • United States v. G Bustos
    98 F3d 1350
    ORDER AND JUDGMENT Defendant Virginia G. Bustos appeals from her conviction and 120 month sentence for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). App...

  • Harrison v. Barbour
    98 F3d 1345
    MEMORANDUM Harrison appeals the dismissal of his action, which alleged that prison officials deprived him of due process by terminating his extended family visitation ("EFV") privilege pursuant to a ...

  • United States v. Badru
    97 F3d 1471
    In these appeals from convictions by a jury of conspiracy to distribute heroin and related offenses, appellants raise a host of issues, only a few of which require more than cursory discussion. Findi...

  • United States v. Marron
    98 F3d 1350
    ORDER AND JUDGMENT In May 1994, approximately a year-and-a-half before the Supreme Court decided Bailey v. United States, 116 S.Ct. 501 (1995), Lawrence Chris Marron pleaded guilty to attempted cult...

  • United States v. Humphrey
    98 F3d 1350
    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. Braun
    99 F3d 1144
    Conrad J. Braun appeals the district court's order denying his motion for return of property, denying his motion for production of documents, and granting the government's application for writ of exec...

  • Bousley v. M Brooks
    97 F3d 284
    Kenneth E. Bousley was convicted in 1990, upon a plea of guilty, for drug trafficking and use of a firearm in relation to a drug offense. He now appeals from the district court's dismissal of his 28 ...

  • United States v. W McGrady
    97 F3d 1042
    John W. McGrady pled guilty to two counts of distributing crack cocaine in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B). The district court sentenced him to fifty-seven months imprisonment. On...

  • United States v. N Bowman
    98 F3d 1343
    The defendant appeals a district court order revoking his bond and detaining him pending sentence pursuant to 18 U.S.C. § 3143(a)(1). Briefs have been filed by the defendant and the government. ...

  • Richenberg v. J Perry
    97 F3d 256
    Richard F. Richenberg, Jr., appeals the district court's grant of summary judgment upholding an Air Force decision to honorably discharge him under the military's "Don't Ask, Don't Tell" policy regard...

  • Lopardo v. Fleming Companies Inc
    97 F3d 921
    A pier on Middle Lake, Lauderdale Lakes, Wisconsin, provides the backdrop for this decade-long saga between Richard and Catherine Lopardo, on the one hand, and the Godfrey Company and its affiliates, ...

  • United States v. L Hill
    99 F3d 1144
    Joseph L. Hill appeals the 130-month sentence imposed by the district court's after he pleaded guilty to possessing cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). ...

  • Leveriza v. Hayes
    98 F3d 1346
    Before: CANBY and FERNANDEZ, Circuit Judges and JONES, District Judge. MEMORANDUM Carina Leveriza, a federal prisoner, appeals pro se the district court's order dismissing her 28 U.S.C. § 224...

  • United States v. Ferguson
    98 F3d 1343
    Kenneth Ferguson appeals the district court's imposition of a $10,000 fine as part of his sentence following his guilty plea to the charge of distributing cocaine base in violation of 21 U.S.C. §...

  • Henderson v. E
    97 F3d 942
    An Illinois jury convicted Ladell Henderson of murder and attempted murder, for which he was sentenced to respective prison terms of life and thirty years. His petition for a writ of habeas corpus co...

  • United States v. Jacobs
    97 F3d 275
    Paul D. Groce, argued, Little Rock, AR, for appellant. Linda B. Lipe, argued, Little Rock, AR (Paula J. Casey, on the brief), for appellee. Before BEAM and MURPHY, Circuit Judges, BURNS, District ...

  • United States v. Walker
    97 F3d 253
    Craig Walker was convicted by a jury of conspiracy to commit mail fraud, mail fraud, conspiracy to obstruct justice, and subornation of perjury. The district court sentenced him to thirty-three month...

  • United States v. Diaz Franco
    98 F3d 1347
    MEMORANDUM Pedro Diaz-Franco appeals from the sentence imposed following a conviction for one count of possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Diaz...

  • Biswell Stores Inc v. Indian Nations Communications Of Cushing Inc
    98 F3d 1349
    Plaintiff brought this civil action for violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2, alleging conspiracy to monopolize, attempt to monopolize, and actual monopolizat...

  • Shinn Shinn
    96 F3d 783
    Yvonne and John Eugene Shinn, on behalf of Jonathan Daniel Shinn, appeal the district court's order granting College Station Independent School District ("School District"), Kenneth Wilbanks, Ray Chan...

  • McCrory v. Kraft Food Ingredients
    98 F3d 1342
    Plaintiff, a chemist, appeals a grant of summary judgment for defendant in his employment discrimination lawsuit. Plaintiff brings claims of age discrimination under the Tennessee Human Rights Act, ...

  • Vizcaino v. Microsoft Corporation
    97 F3d 1187
    Large corporations have increasingly adopted the practice of hiring temporary employees or independent contractors as a means of avoiding payment of employee benefits, and thereby increasing their pro...

  • United States v. Redroad
    99 F3d 1144
    Lyman Redroad appeals the sentence the district court imposed after he pleaded guilty to assaulting, resisting, and impeding a federal officer by means of a dangerous weapon, in violation of 18 U.S.C....

  • United States v. Bell
    98 F3d 1335
    Appellant Lance Vondel Bell pled guilty to conspiracy to possess with intent to distribute cocaine base, 21 U.S.C. § 846 (1994). On appeal, he contends that he should have received a downward ad...

  • United States v. Kidd
    98 F3d 1336
    Dennis Ray Kidd was convicted for reckless driving in violation of 18 U.S.C.A. § 13 (West Supp.1996), assimilating Va.Code Ann. § 46.2-852 (Michie 1994), and operating a motor vehicle after ...

  • Smith v. Lm Saunders
    98 F3d 1335
    Appellant appeals from the district court's orders dismissing without prejudice, his petition filed pursuant to 28 U.S.C. § 2254 (1994), as amended by Antiterrorism and Effective Death Penalty Ac...

  • United States v. Crews
    98 F3d 1336
    David Milton Crews appeals his convictions for a conspiracy to possess with intent to distribute cocaine and marijuana, 21 U.S.C. § 846 (1994), the related distribution charges, 21 U.S.C. §&...

  • United States v. C Guthrie
    98 F3d 1336
    Howard C. Guthrie pled guilty to one count of receiving materials involving the sexual exploitation of minors, 18 U.S.C.A. § 2252(a)(2) (West Supp.1996), and a second count of possession of mater...

  • United States v. Mitchell
    98 F3d 1336
    These cases are consolidated direct appeals from criminal convictions. Defendants were each convicted of possession of a shank while an inmate at Lorton Reformatory in violation of 18 U.S.C. § 1...

  • United States v. Smith
    98 F3d 1336
    Clinton Smith, Jr., was convicted after a bench trial of assault on a government agent and of robbery of personal property of the United States, in violation of 18 U.S.C.A. §§ 111, 2112 (Wes...

  • United States v. Franklin
    98 F3d 1336
    Raymond Stephen Franklin pled guilty to conspiracy to possess crack cocaine with intent to distribute, 21 U.S.C.A. § 841 (West 1981 & Supp.1996), and was sentenced to serve a term of 210 mont...

  • United States Of America v. Pierce
    98 F3d 1350
    Having examined the briefs and the appellate record, this panel determines unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10t...

  • Associated Builders Contractors Inc v. Local International Brotherhood Of Electrical Workers
    109 F3d 1353
    The appellant, Associated Builders and Contractors, Inc., Golden Gate Chapter ("ABC"), is an organization of non-union construction contractors. The defendants are local unions affiliated with the In...

  • Equal Employment Opportunity Commission v. Ilona Of Hungary Incorporated
    108 F3d 1569
    We consider in this appeal the extent to which an employer must accommodate its employees' religious practices under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1). Lyudmil...

  • Equal Employment Opportunity Commission v. Ilona Of Hungary Incorporated
    97 F3d 204
    We consider in this appeal the extent to which an employer must accommodate its employees' religious practices under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1). Lyudmil...

  • United States v. Locklear
    97 F3d 196
    Michael Locklear was convicted on eight counts of aiding and abetting the uttering of counterfeit cashier's checks purportedly issued by M & I Marshall & Isley Bank ("M & I Bank") knowing ...

  • United States v. Welch
    97 F3d 142
    Defendants raise numerous issues following their conviction and sentencing for acts alleged to have occurred as part of a conspiracy to distribute cocaine in Columbus, Ohio, between 1988 and 1993. Fo...

  • Hillman
    98 F3d 1349
    ORDER AND JUDGMENT This appeal arises out of one of several class action securities cases consolidated for pretrial purposes. Appellant Glen W. Barnard, a defendant in each of the consolidated cases...

  • James E Frazee v. United States Forest Service
    97 F3d 367
    Plaintiffs-Appellants James E. and Joann P. Frazee, doing business as High Lakes Contractors (collectively, the "Frazees") challenge an administrative agency decision to release information under the ...

  • United States v. P Bomar
    98 F3d 1342
    Before: SUHRHEINRICH and MOORE, Circuit Judges; MCKINLEY, District Judge. Marion P. Bomar appeals a district court order granting in part and denying in part his motion to dismiss his criminal ind...

  • United States v. A Warfield
    97 F3d 1014
    Antwon A. Warfield and Brian M. Thomas appeal from the final judgments of the district court after they were convicted of armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d), conspirac...

  • United States v. Woods
    99 F3d 1142
    Oneal Woods was convicted of one count of possession with intent to distribute cocaine base, 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, and sentenced to 175 months' imprisonment. Before trial...

  • Van Gregg v. McAninch
    98 F3d 1343
    Before: BOGGS and SILER, Circuit Judges; McCALLA, District Judge. Terry Van Gregg, an Ohio state prisoner, proceeding pro se appeals a district court judgment denying his petition for a writ of ha...

  • Smith v. Collins
    98 F3d 1342
    Before: NORRIS and SILER, Circuit Judges; EDMUNDS, District Judge. Darryl W. Smith, a pro se Ohio prisoner, appeals a district court order denying his petition for a writ of habeas corpus which he...

  • Cooper v. Casey
    97 F3d 914
    Two cellmates in the disciplinary wing of Illinois' Stateville prison brought suit under 42 U.S.C. § 1983 against several guards at the prison, claiming that the guards had beaten them and then r...

  • Kelly v. Municipal Courts Of Marion County Indiana W
    97 F3d 902
    David Kelly, a black male and a Jehovah's Witness, worked as a bailiff in the courtroom of Judge Wendell Mayer. Mayer discharged Kelly, ostensibly for poor job performance as well as for inappropriat...

  • United States v. Fisher
    97 F3d 1449
    HALL, Circuit Judge, concurring in part and dissenting in part: I do not agree that the informant's tip, standing alone, contained sufficient material details to provide the police with probable caus...

  • United States v. E Koller
    98 F3d 1343
    Before: NORRIS and SILER, Circuit Judges; EDMUNDS, District Judge. This federal prisoner appeals his judgment of conviction and sentence entered after he pleaded guilty to aiding and abetting in t...

  • Johnson v. En Vogue
    98 F3d 1342
    Marvin Johnson, proceeding pro se, appeals a district court order dismissing Johnson's complaint against various entities and individuals affiliated with the music industry, alleging that these defend...

  • United States v. L Underwood
    98 F3d 1343
    Before: NORRIS and SILER, Circuit Judges; EDMUNDS, District Judge. Theodore L. Underwood, a federal prisoner, appeals his judgment of conviction for possessing cocaine base with the intent to dist...

  • United States v. J Rioux
    97 F3d 648
    In 1986, the people of Hartford County, Connecticut elected Alfred J. Rioux High Sheriff. Rioux was subsequently accused of extorting funds from the Special Deputy Sheriffs and Deputy Sheriffs whom h...

  • Brown v. Neal
    97 F3d 1464
    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. Pollington Iii
    98 F3d 341
    Leslie William Pollington, III appeals from a judgment of the district court entered upon a conditional plea of guilty to possession with the intent to distribute marijuana, in violation of 21 U.S.C. ...

  • Jackson v. Evatt Scdc
    97 F3d 1447
    Appellant appeals the district court's order dismissing his 42 U.S.C. § 1983 (1994) complaint. Appellant's case was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (1994...

  • In Re Darrell James Debrew
    97 F3d 1446
    Darrell James Debrew, a federal prisoner, filed a petition for a writ of mandamus, requesting that the district court judge who presided over his conviction and habeas corpus proceedings be required t...

  • United States v. Williams
    97 F3d 240
    Appellants were charged, along with twenty-eight others, with being part of a massive drug trafficking network that shipped cocaine from Los Angeles, California, to Minneapolis, Minnesota. Gerald Wil...

  • Trippet v. Tri Texas Inc S Home Stake Oil and Gas Company B
    97 F3d 1465
    ORDER AND JUDGMENT Helen G. Trippet, on her own behalf and as Custodian for Leslie S. Murphy and Mark Murphy; Robert S. Trippet, as Guardian of Virginia Trippet; Mary S. Trippet; Constance S. Trip...

  • United States v. Loaiza Diaz
    96 F3d 1335
    Jose Loaiza-Diaz was arrested while driving a truck loaded with 123.5 pounds of marijuana from Mexico to Phoenix, Arizona. During a search of the truck, police discovered a loaded shotgun underneath ...

  • Mitchell v. United States
    98 F3d 1342
    Stanley L. Mitchell appeals a district court order denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. The case has been referred to a panel of the court pursuant to Rule 9...

  • United States v. Sharrieff
    98 F3d 1348
    MEMORANDUM Aziz Sharrieff, Trina Harper and Carlos Munoz appeal their sentences for conspiracy to commit armed robbery, in violation of 18 U.S.C. § 371, and carrying a firearm during a crime of ...

  • United States v. McHenry
    97 F3d 125
    This appeal presents us with another in a continuing series of challenges to Congress's authority, after United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), to enact criminal...

  • United States v. Royal Street F
    98 F3d 1343
    Before: SUHRHEINRICH and MOORE, Circuit Judges; MCKINLY, District Judge. The United States appeals a district court judgment granting Charles F. Hampton's motion for relief from a judgment of forf...

  • United States v. S Patterson
    97 F3d 192
    Following his flight from trial and sentencing on Illinois drug and gun charges, a federal arrest warrant was issued against defendant Vance Patterson in 1994. In January 1995 the Federal Bureau of I...

  • United States v. A Lampe
    98 F3d 1344
    This order assumes familiarity with our earlier order of March 12, 1996. New counsel has since been appointed to represent Lampe, and she has filed a brief carefully addressing the question posed in ...

  • Bejna v. Immigration and Naturalization Service
    98 F3d 1344
    After an immigration judge found Ahmed Bejna statutorily ineligible for asylum or for withholding of deportation, Bejna appealed to the Board of Immigration Appeals. The BIA affirmed the immigration ...

  • United States v. Burns
    98 F3d 1344
    On November 2, 1995, Carlos Burns pleaded guilty to one count of possession of 106.8 grams of cocaine base with intent to distribute and one count of possession of 799.3 grams of cocaine with intent t...

  • In The Matter Of Bbc International Ltd Et Als
    99 F3d 811
    Petitioners are the defendants in a patent suit that is about to go to trial in the Western District of Wisconsin. In No. 96-2770 they ask us to direct the judge to transfer the litigation to the Sou...

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