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  • United States v. Bacon
    105 F3d 667
    MEMORANDUM Bacon pled guilty to possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and was sentenced to sixty months. As part of his negotiated plea agreeme...

  • United States v. Reider
    103 F3d 99
    The issue in this case is when the defendant's term of supervised release began. We conclude that the critical day is the one on which defendant was released on regular parole and, in the circumstanc...

  • United States v. Valdez
    103 F3d 95
    The central issue in this criminal appeal is whether 8 U.S.C. § 1326(b) constitutes a provision of substantive law, requiring the government to charge and prove a prior felony conviction, or whet...

  • Seamon v. Rokosik
    106 F3d 403
    Cleveland Seamon, Jr., wants damages under 42 U.S.C. § 1983 from the officers who arrested him in his mother's home. He has two theories: that the officers lacked probable cause to arrest him, ...

  • United States v. E Edwards
    103 F3d 90
    Appellant Travis Eugene Edwards pled guilty to one count of possession with intent to distribute 50 grams or more of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) (1994). He was sent...

  • United States v. Hallum
    103 F3d 87
    Defendants R.J. Blackburn, James Curtis Hallum and Delton Wayne Hilton all pleaded guilty to one count of manufacturing and distributing marijuana, in violation of 21 U.S.C. § 841(a)(1) and 18 U....

  • Smith v. Herman
    105 F3d 666
    MEMORANDUM Joe U. Smith appeals the denial of his petition for writ of habeas corpus in which he sought relief from a conviction in the Arizona state court for second degree burglary, sexual assault,...

  • Ensminger v. Terminix International Company
    102 F3d 1571
    In this appeal, Terminix International Company contends a jury's adverse verdict is infested with error which the district court failed to repair when it denied post-trial motions for judgment as a ma...

  • United States v. Kasprowski
    105 F3d 649
    Lori Lee Kasprowski appeals from the sentence imposed by the district court pursuant to her conviction under 21 U.S.C. §§ 841(a)(1) & 860. Kasprowski contends that the court erred in it...

  • United States v. Childress
    104 F3d 47
    On October 27, 1995, a federal jury in the State of Maryland convicted James Frederic Childress of travelling with the intent to engage in a sexual act with a juvenile in violation of 18 U.S.C. §...

  • Macarthur v. Corporate State Of Utah B L
    105 F3d 669
    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 ...

  • Deckert v. City Of Ulysses
    105 F3d 669
    Plaintiff Ronald Deckert appeals the district court's award of summary judgment in favor of defendant, City of Ulysses, Kansas, on his Americans with Disabilities Act (ADA) claim and § 1983 claim...

  • Vashaghani v. A Radcliffe
    105 F3d 668
    Vashaghani appeals from the district court's denial of her petition for a writ of habeas corpus. The district court had jurisdiction under 8 U.S.C. § 1105a(b). We have jurisdiction over this ti...

  • Harris v. Polk County Iowa
    103 F3d 696
    After Elaine Harris pleaded guilty to a shoplifting charge, she was fired from her job as a legal stenographer in the county attorney's office. About four years later, Harris reapplied for her old jo...

  • United States v. Betti Rowbal
    105 F3d 667
    MEMORANDUM Betti Jo Rowbal entered a plea of guilty to two counts of involuntary manslaughter in violation of 18 U.S.C. §§ 1112, 1151, and 1153. At sentencing, the district court departed ...

  • United States v. Haire
    103 F3d 697
    Daryl Bernard Haire appeals his convictions of three counts of distribution of cocaine and of cocaine base. He was convicted by a jury and sentenced by the District Court to 51 months in prison. We ...

  • Evvtex Co Inc v. Hartley Cooper Associates Limited Zjb9012467 351
    102 F3d 1327
    Plaintiff-appellee Evvtex Co., Inc. ("Evvtex") initiated this action against defendants-appellants Hartley Cooper Associates Limited and Gibbs Hartley Cooper Limited (collectively "Hartley Cooper") t...

  • United States v. W Finnigan
    105 F3d 667
    Before: FERNANDEZ and TASHIMA, Circuit Judges, and MERHIGE, Senior District Judge. MEMORANDUM On December 16, 1994, Finnigan and Peterson, along with their co-defendant Gregory J. Gwynn, pleaded g...

  • United States v. Appel
    105 F3d 667
    MEMORANDUM Defendant Sage Appel appeals the sentence imposed after she pleaded guilty to conspiracy to possess LSD with intent to distribute and possession of LSD with intent to distribute, in violat...

  • Roberts v. Glanz
    106 F3d 414
    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...

  • Adepegba v. G Hammons F C I L F C I
    103 F3d 383
    Valentino Adepegba, a federal prisoner, appeals the district court's dismissal of his in forma pauperis civil rights action as frivolous. His appeal raises several issues of first impression in this ...

  • Cooper v. P Taylor T
    103 F3d 366
    Kamathene Adonia Cooper confessed to South Carolina law enforcement officers on three separate occasions that he had murdered Rheupert W. Stewart in Lake City, South Carolina. After conducting a hear...

  • United States v. St John
    105 F3d 649
    Roger St. John appeals his conviction of escape in violation of 18 U.S.C.A. § 751(a) (West Supp.1996). We affirm. St. John escaped from Lorton Reformatory Minimum Security Facility in May 1995...

  • United States v. Orozco
    103 F3d 389
    We must determine, sua sponte, whether those provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) which govern appeal of a district court's final order in a 28 U.S.C. §...

  • United States v. Porter
    105 F3d 660
    Represented by counsel, Willie Delois Porter consented to trial before a magistrate judge in this proceeding, initiated by a citation under 41 C.F.R. § 101-20.305 for disorderly conduct. See Fed...

  • Clifton v. Ca Turner
    105 F3d 660
    Raymond Lee Clifton seeks multiple writs of habeas corpus to restore good time credits he lost for infractions of prison rules, and to advance the date of his parole release. Clifton was an inmate of...

  • Manuel Augusto v. Immigration and Naturalization Service
    104 F3d 1127
    This case presents the question of how past criminal behavior should be considered in naturalization proceedings involving noncitizen veterans qualifying for special treatment under 8 U.S.C. § 14...

  • United States v. Wellington
    102 F3d 499
    Peter Birch, Asst. Federal Public Defender, Kathleen Williams, Federal Public Defender, Brenda Bryn, Asst. Federal Public Defender, West Palm Beach, FL, for Defendant-Appellant. Kendall Coffey, U.S....

  • United States v. Idp Wlg
    102 F3d 507
    This appeal presents two issues of first impression in this circuit pertaining to the Juvenile Justice and Delinquency Prevention Act of 1974 ("the Act"), 18 U.S.C. §§ 5031-5042. We must re...

  • United States v. Verners
    103 F3d 108
    Guessinia Verners was convicted of possession of cocaine base with intent to distribute, establishment of manufacturing operations, and aiding and abetting her co-defendant Laroon Verners in the commi...

  • Schlicher v. Peters I and I McColpin
    103 F3d 940
    In 1991, the Legislature for the State of Kansas enacted into law Kansas Statutes Annotated (K.S.A.) 1991 Supp. 21-2511, which provides, generally, for the collection of blood and saliva specimens fro...

  • United States v. G Siegel
    102 F3d 477
    Bruce G. Howie, Piper & Ludin, P.A., St. Petersburg, FL, for Defendant-Appellant. Kevin R. March, Tamra Phipps, David Rhodes, Asst. U.S. Attys., Tampa, FL, for Plaintiff-Appellee. Appeal from ...

  • United States v. Attar
    104 F3d 359
    In Appeal No. 95-8519, Appellant appeals from the district court's orders denying his motion for release on bail and denying his motion for reconsideration. Appeal No. 96-6097 is Appellant's appeal f...

  • Buchanan v. J Angelone
    103 F3d 344
    In 1988, Douglas McArthur Buchanan, Jr., was convicted of capital murder in Virginia and sentenced to death. After exhausting his state remedies, he petitioned the district court for a writ of habeas...

  • United States v. Rybar
    103 F3d 273
    Appellant Raymond Rybar, Jr. was convicted following a conditional guilty plea to two counts of violating 18 U.S.C. § 922(o), which makes it "unlawful for any person to transfer or possess a mach...

  • McMahon Food Corp v. Burger Dairy Co
    103 F3d 1307
    Burger Dairy Company ("Burger") and McMahon Food Corporation ("MFC") were involved in a contract dispute over milk products that Burger sold to MFC, as well as credits for empty milk cases that MFC re...

  • United States v. Sepulveda
    102 F3d 1313
    On February 14, 1995, acting on an informant's tip that two Hispanic males were selling crack through a side window, police detectives in Providence, Rhode Island staked out the designated first-floor...

  • United States v. Mikell
    102 F3d 470
    Matthew Farmer, Tampa, FL, for Sonny James Mikell. Craig Alldredge, Matt Perry, Asst. Federal Public Defenders, Tampa, FL, for William Dee Young. James Wardell, Tampa, FL, for Samuel Lee Langston....

  • United States v. Contreras
    105 F3d 667
    MEMORANDUM Jorge Rivera Contreras pleaded guilty to a single count of possessing methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841, and was sentenced to 87 months impris...

  • United States v. Luiz
    102 F3d 466
    John Luiz and Sean Griffith were convicted, on their pleas of guilty, for conspiracy to commit bank robbery in violation of 18 U.S.C. § 371 (1994). Luiz and Griffith appeal, challenging their se...

  • Salcido Valencia v. Immigration and Naturalization Service
    105 F3d 666
    ORDER Raul Salcido-Valencia, a native and citizen of Mexico, petitions for review of the Board of Immigrations Appeals' (BIA) denial of his motion to reopen deportation proceedings so that he may app...

  • United States v. Gorman
    104 F3d 272
    The issue raised in this appeal is whether a search warrant authorizing the search of a residence also authorizes without so stating the search of the residence's curtilage. We hold that it does. H...

  • Bradley v. Harcourt Brace and Company
    104 F3d 267
    Mary Bradley appeals the district court's grant of summary judgment in favor of Harcourt, Brace and Company ("Harcourt") on her claims of sex discrimination and disability discrimination. We must dec...

  • United States v. Sepulveda
    105 F3d 659
    Defendants appeal their sentences following entry of guilty pleas to conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 846. We AFFIRM. D...

  • United States v. Hayes
    104 F3d 360
    Norman Hayes was convicted of four counts of knowingly causing the United States Postal Service to deliver threatening letters in violation of 18 U.S.C. § 876 (1994). In 1988, Hayes was convicte...

  • United States v. Bracey
    104 F3d 359
    Appellants Darrell Bracey, Ronald M. Humphries, and Linwood Gray appeal their convictions of conspiracy to distribute heroin and cocaine. They argue that the district court erred in admitting evidenc...

  • Atherton v. Arlington County Board
    104 F3d 358
    Appellant appeals from the district court's orders denying relief in his civil action challenging the constitutionality of a county ordinance and the propriety of his conviction and denying his motion...

  • Schutt v. County Of Napa
    105 F3d 666
    MEMORANDUM Violet Schutt ("Schutt") appeals from the district court's grant of summary judgment against her in her Title VII action against the County of Napa ("Napa"). In granting summary judgment,...

  • United States v. A Female Juvenile
    103 F3d 14
    This appeal requires us to determine how 18 U.S.C. § 5037 affects resentencing of a convicted juvenile delinquent after revocation of the delinquent's probation. Because we find § 5037 clea...

  • United States v. Candia Veleta
    104 F3d 243
    Appellants Javier Candia-Veleta and Miguel Angel Mendoza-Villabos appeal the district court's denials of their motions for discovery relating to selective prosecution challenges. These two cases, whi...

  • United States v. Bramble
    103 F3d 1475
    Ronald Bramble appeals his convictions of possession of a firearm by a felon, 18 U.S.C. § 922(g)(1); possession of marijuana, 21 U.S.C. § 844(a); cultivation of marijuana, 21 U.S.C. §...

  • United States v. Clawson
    104 F3d 250
    We decide under what circumstances 18 U.S.C. § 3288 permits reindictment after dismissal of an indictment on statute of limitations grounds. * Defendant was convicted of conspiracy and mail fra...

  • United States v. Bain
    104 F3d 368
    Defendant Lawrence Bain brings this timely direct appeal from his conviction on four counts arising from a bank robbery. The charges in the indictment were robbery of a federally insured financial in...

  • Senger v. United States
    103 F3d 1437
    Appellant Kerry Senger brings this action against the U.S. Government pursuant to the Federal Tort Claims Act ("FTCA"). He claims damages for injuries that allegedly were inflicted by a U.S. Postal S...

  • Stefanow v. McFadden
    103 F3d 1466
    This appeal arises from a suit brought by Michael Stefanow ("Stefanow"), a prisoner in the Arizona State Prison Complex, against the prison warden and other prison officials (collectively, the "prison...

  • United States v. A Cunningham
    103 F3d 596
    Kenneth Cunningham appeals the decision of the district court denying him a downward sentencing departure for acceptance of responsibility. For the reasons set forth in the following opinion, we affi...

  • United States v. Marroquin
    107 F3d 1
    Upon careful review of the record, defendant's brief, and the government's motion asking that we summarily remand to the district court for further proceedings, we agree that oral argument is not nece...

  • United States v. Anderson
    105 F3d 670
    ORDER AND JUDGMENT After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed...

  • United States v. C Smith
    103 F3d 600
    On November 28, 1995, Kory Smith was convicted by a jury of armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d). The District Court sentenced Smith to 14 years in prison and ordered h...

  • This v. Altman
    107 F3d 4
    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 by counsel. ON CONSIDERATION WHEREOF, IT IS HERE...

  • United States v. L Taylor
    106 F3d 411
    MEMORANDUM I. Helm. The evidence, viewed in the light most favorable to the prosecution, was sufficient to support defendant's convictions for conspiracy, mail fraud, and embezzlement. From late 1...

  • Peck v. United States
    102 F3d 1319
    The Court voted to rehear this appeal in banc to consider the harmless error analysis applicable on review of a collateral attack upon a conviction obtained after a jury charge that, in conformity wit...

  • United States v. Bennallack
    106 F3d 409
    MEMORANDUM Defendant-appellant Guy Richard Bennallack appeals from his convictions and sentencing on thirteen counts relating to defrauding the government through false tax returns. We have jurisdic...

  • United States v. O Diaz
    106 F3d 409
    MEMORANDUM A jury convicted Efren O. Diaz of embezzling postal service funds. Diaz claims that the district judge's instruction to the jury after opening statements was plain error, because it depri...

  • United States v. Altamirano
    106 F3d 409
    MEMORANDUM Marytza Altamirano appeals her conviction of transporting more than $10,000 outside the United States without filing a customs report in violation of 31 U.S.C. § 5316(a)(1)(A) and of ...

  • Kalady v. W Booker
    104 F3d 367
    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. Bond
    106 F3d 409
    MEMORANDUM Markham David Bond was convicted of two counts of armed bank robbery in violation of 18 U.S.C. §§ 2113 (a) and (d); two counts of robbery affecting interstate commerce in violat...

  • United States v. Redding
    104 F3d 96
    Defendants Dennis Redding and William Perez pleaded guilty to conspiring to possess cocaine with intent to distribute it. The district court sentenced both defendants to 90 month terms of imprisonmen...

  • United States v. Prescott
    104 F3d 360
    John F. Prescott appeals from his conviction for possession of a firearm after a felony conviction. 18 U.S.C.A. § 922(g) (West Supp.1996). On appeal, he argues that the district court abused it...

  • Coates v. Williams
    104 F3d 358
    Charles R. Coates, a prison inmate, sued several prison officers under 42 U.S.C.A. § 1983 (West 1994), alleging a violation of his Eighth Amendment right to be free from cruel and unusual punishm...

  • United States v. H Burton
    104 F3d 359
    Charles H. Burton was convicted in a bench trial of being a felon in possession of a firearm in violation of 18 U.S.C.A. §§ 922(g)(1), 924(e) (West Supp.1996) (Count One), and of knowingly p...

  • Merriweather v. Family Dollar Stores Of Indiana Inc
    103 F3d 576
    Plaintiff Phyllis Merriweather sued defendant Family Dollar Stores under Title VII and 42 U.S.C. § 1981 for intentional race discrimination in denying her promotions, and for retaliating by firin...

  • United States v. W Jackson
    103 F3d 561
    Norris W. Jackson ("Jackson") was convicted by a jury of conspiracy to possess with intent to distribute cocaine base in violation of 21 U.S.C. § 846, possession of cocaine base in violation of 2...

  • United States v. F Cunningham
    103 F3d 553
    Constance Cunningham was sentenced to 84 months in prison after being convicted by a jury of tampering with a consumer product "with reckless disregard for the risk that another person will be placed ...

  • United States v. R Wagner
    103 F3d 551
    We write to clarify the standard for determining whether to accept a motion by a criminal defendant's lawyer to withdraw from representing the defendant on appeal on the ground that there are no nonfr...

  • Doe v. Claiborne County Tennessee Claiborne County Board Of Education
    103 F3d 495
    Plaintiff, Jane Doe, brought this civil rights action under 42 U.S.C. § 1983 against Claiborne County, Tennessee, the Claiborne County Board of Education, and several School Board members and sch...

  • United States v. Cocivera
    104 F3d 566
    Appellant John Cocivera and six corporations that he established were convicted by a jury of various crimes arising out of a scheme to defraud Medicare. The principal issues before us concern Cociver...

  • United States v. Turner
    102 F3d 1350
    ARGUED: Robert Maurice Galumbeck, Dudley, Galumbeck & Simmons, Tazewell, VA, for Appellants. Steven Randall Remseyer, Assistant United States Attorney, Abingdon, VA, for Appellee. ON BRIEF: Ro...

  • Love v. Westville Correctional Center
    103 F3d 558
    The Westville Correctional Center (Westville) claims in this appeal that the district court abused its discretion by granting Cleo Love's motion for a new trial and in giving certain instructions to t...

  • Excel Corporation v. United Food and Commercial Workers International Union Local
    102 F3d 1464
    The United Food and Commercial Workers International Union, Local 431 (Union) appeals the district court's order vacating a labor arbitration award in which the arbitrator concluded that Excel Corpora...

  • Gaten v. St Louis County Police Department
    104 F3d 363
    Kevin L. Gaten appeals from the district court's order granting defendants' motion for summary judgment in this action to recover monies seized and forfeited to the United States pursuant to 21 U.S.C....

  • Freisinger v. United States
    104 F3d 363
    In 1990, a jury found Keith Freisinger guilty of one count of possessing cocaine with intent to distribute and four counts of carrying a firearm in relation to a drug-trafficking crime. We affirmed t...

  • United States v. Eureka Laboratories Inc
    103 F3d 908
    Defendant Eureka Laboratories, Inc. (ELI) and two of its managers were charged in an eight-count superseding information with conspiracy to defraud the United States and other crimes arising from ELI...

  • United States v. Welch
    103 F3d 906
    We must decide whether a sentence for conviction of bankruptcy fraud by filing fraudulent bankruptcy petitions can be enhanced for violation of a "judicial process" under the Sentencing Guidelines. I ...

  • Amrut N Patel v. James F Penman
    103 F3d 868
    Amrut and Sita Patel appeal the jury verdict against them on their § 1983 claim alleging that the City of San Bernardino violated their procedural due process rights by not affording them notice ...

  • Federal Election Commission v. R Williams
    104 F3d 237
    Larry R. Williams appeals the district court's denial of his motion to dismiss and grant of a motion for summary judgment in favor of the Federal Election Commission (FEC). Williams argues, inter ali...

  • Chaparro v. Ibp Inc State
    104 F3d 367
    Before HENRY, MURPHY and RONEY, Circuit Judges. ORDER AND JUDGMENT In this retaliatory discharge case filed in diversity, plaintiff-appellant Amanda Chaparro appeals the district court's entry of j...

  • Reeves v. X Hopkins
    102 F3d 977
    Randolph Reeves was convicted of two counts of felony murder and sentenced to death. Following unsuccessful appeal and postconviction actions in Nebraska state court, Reeves was granted habeas corpus...

  • Langford v. Day
    102 F3d 1551
    Terry Allen Langford, a Montana death-row inmate, appeals the denial of his habeas corpus petition under 28 U.S.C. § 2254 and the grant of summary judgment for respondents. Langford confessed to...

  • Gutierrez v. Perrill
    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...

  • Ledon v. United States
    104 F3d 364
    In 1995, Calixto Raymond Ledon pleaded guilty to distributing cocaine. The district court sentenced him to 70 months imprisonment and four years supervised release. Ledon did not file a direct crimi...

  • United States v. Rodea
    102 F3d 1401
    Primarily at issue is the exigent circumstances exception to the Fourth Amendment warrant requirement. The United States appeals the suppression (1) of evidence seized in the search of a mobile home ...

  • United States v. Rockson
    104 F3d 360
    Joseph Dadzie and Jacob Rockson were convicted by a jury of conspiracy to launder monetary instruments, see 18 U.S.C.A. § 1956(h) (West Supp.1996), and conspiracy to fail to file currency transac...

  • Strange v. J Porath Albuquerque
    104 F3d 368
    Damon Strange appeals the district court's grant of summary judgment in favor of the City of Albuquerque and Officer Martin J. Porath on his claims under 42 U.S.C. § 1983 for violation of his Fou...

  • McKinnon v. W Carr
    103 F3d 934
    Petitioner McKinnon was convicted in Oklahoma for rape and oral sodomy. The Oklahoma Court of Criminal Appeals affirmed on the merits, McKinnon v. State, 752 P.2d 833 (Okla.Crim.App.1988), and in an ...

  • United States v. Osias
    104 F3d 360
    Tony Osias appeals from the sentence imposed by the district court his plea of guilty to involvement in a crack cocaine conspiracy in violation of 21 U.S.C. § 846 (1994). We affirm. In his ple...

  • United States v. Garrett
    104 F3d 360
    Michelle S. Nelson, Assistant Federal Public Defender, Greenville, South Carolina, for Appellant. David Calhoun Stephens, Assistant United States Attorney, Greenville, South Carolina, for Appellee. ...

  • United States v. Deninno
    103 F3d 82
    Defendant Bonard Ray Deninno appeals from an order denying his motion for return of forfeited property. The United States District Court for the Western District of Oklahoma adopted the Report and Re...

  • United States v. Hawkins
    102 F3d 973
    Keith Hawkins appeals his conviction and 210-month sentence for possession with intent to distribute cocaine base. He raises suppression, trial, and sentencing issues on appeal. We affirm. An info...

  • United States v. Casterline
    103 F3d 76
    Though defendant raises several issues, the most significant is whether a felon can be convicted of possessing a firearm based solely on ownership. The answer is no. A jury convicted Casterline of ...

  • Roderick Macarthur Foundation v. Federal Bureau Of Investigation
    102 F3d 600
    The J. Roderick MacArthur Foundation and its former president Lance E. Lindblom seek to compel the Federal Bureau of Investigation to expunge its records relating to their associational activities and...

  • Fj Vollmer Company Inc v. W Magaw and Us
    102 F3d 591
    This case presents a recurring question under the Equal Access to Justice Act: In evaluating a claim for fees under the Act, what standard of reasonableness should a court use to determine whether an...

  • People Of The Territory Of Guam v. Camacho
    103 F3d 863
    Franklin Borja Camacho appeals his conviction of violation of 9 Guam Code Annotated § 49.40(a) (Official Misconduct) and his conviction of violation of 9 Guam Code Annotated § 61.20(b) (Hara...

  • Chavez v. Department Of Health and Human Services
    103 F3d 849
    Silvestre Chavez appeals the judgment affirming the final decision of the Commissioner of the Social Security Administration denying his claim for disability benefits under Titles II and XVI of the So...

  • United States v. Hicks
    103 F3d 837
    Benjamin Lloyd Hicks ("Hicks") appeals his conviction and sentence for armed carjacking (18 U.S.C. § 2119(2),(3)), unlawful use of a firearm during a crime of violence (18 U.S.C. § 924(c)(1)...

  • National Labor Relations Board v. Riverboat Hotel
    105 F3d 665
    MEMORANDUM The National Labor Relations Board petitions for enforcement of its order finding that The Riverboat Hotel violated section 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. &...

  • Cassell v. Norris
    103 F3d 61
    Harold Davy Cassell appeals the district court's dismissal of his petition for a writ of habeas corpus. We affirm. More than a decade ago, Harold Davy Cassell and three companions culminated a stri...

  • United States v. Stuttley
    103 F3d 684
    The five defendants in this appeal were members of a conspiracy that distributed cocaine and cocaine base in the Rochester, Minnesota, area. All five pleaded guilty in the district court. They joint...

  • Hawaii Newspaper Agency v. S Bronster
    103 F3d 742
    Margery S. Bronster, in her official capacity as Attorney General of Hawaii, appeals from the district court's grant of summary judgment in favor of the Hawaii Newspaper Agency, Gannett Pacific Corp. ...

  • United States v. McDougall
    104 F3d 360
    Wayne McDougall pled guilty to conspiracy to distribute cocaine base in violation of 21 U.S.C.A. § 846 (West Supp.1996). Citing the 1995 Annual Report of the United States Sentencing Commission,...

  • Martinez Martinez v. Immigration and Naturalization Service
    106 F3d 408
    Petition to Review a Decision of the Immigration and Naturalization Service, INS No. Avo-ipq-mqi. Before: REINHARDT and RYMER, Circuit Judges and TANNER, District Judge. MEMORANDUM Petitioner Ri...

  • People v. M Viloria
    106 F3d 408
    Before: REINHARDT and RYMER, Circuit Judges; TANNER, District Judge. MEMORANDUM Martin M. Viloria appeals the district court appellate division's affirmance of his conviction by jury trial in Gua...

  • United States v. Garin
    103 F3d 687
    Richard John Garin appeals from his conviction on several drug charges and the resulting sentence imposed by the district court. We affirm. Garin's arrest was preceded by the following events. Jef...

  • Langford v. Day P
    110 F3d 1380
    Terry Allen Langford, a Montana death-row inmate, appeals the denial of his habeas corpus petition under 28 U.S.C. § 2254 and the grant of summary judgment for respondents. Langford confessed to...

  • United States v. Rivers
    106 F3d 410
    Before: FLETCHER, FARRIS, and HALL, Circuit Judges MEMORANDUM Marvin Gene Rivers appeals his conviction for armed bank robbery under 18 U.S.C. §§ 2113(a) and (d). Rivers claims that the ...

  • United States v. Stanley
    106 F3d 411
    Jerome Sherman Stanley appeals pro se from two district court orders. On January 12, 1994, the district court entered an order in compliance with a limited remand from this court. We had requested t...

  • People v. Turner
    106 F3d 408
    Before: REINHARDT and RYMER, Circuit Judges; TANNER, District Judge. MEMORANDUM Daniel Lucien Turner appeals the district court appellate division's affirmance of his conviction by jury trial in ...

  • Quandt v. Franklin County Tennessee
    106 F3d 401
    Proceeding pro se, plaintiffs Paul Max Quandt and his wife Brenda Quandt appeal the district court's entry of judgment against them in this action brought pursuant to 42 U.S.C. §§ 1981, 1983...

  • United States v. Cato
    106 F3d 402
    Before: MERRITT and COLE, Circuit Judges; DUGGAN, District Judge. DUGGAN, District Judge. On October 25, 1993, a two-count indictment was issued against defendant charging him with possession wi...

  • Central Kansas Credit Union v. Mutual Guaranty Corporation
    102 F3d 1097
    This appeal arises from a dispute between Central Kansas Credit Union ("CKCU"), a Kansas credit union with its principal offices in Hutchinson, Kansas, and Mutual Guaranty Corporation ("Mutual Guarant...

  • United States v. Cruz Acevedo
    106 F3d 402
    Defendant-Appellant Fausto Cruz-Acevedo appeals the district court's order denying his motion filed under 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. We hold that the district...

  • Grand Jury Subpoena Doe No v. Doe No
    103 F3d 234
    Intervenors-Appellants John Doe 1, et al., appeal from an oral order dated July 12, 1996, and later written order entered July 24, 1996, in the United States District Court for the Western District of...

  • Polymer Technologies Inc v. P Bridwell Ha Ag
    103 F3d 970
    Polymer Technologies, Inc. and Walter Polovina (collectively "Polymer") appeal from the order of the United States District Court for the District of Montana denying their motion for a preliminary inj...

  • Ironside v. Simi Valley Hospital
    103 F3d 482
    The plaintiff, a physician practicing in Tennessee, sued a California hospital where previously he had practiced, and persons connected with it, alleging that they defamed him and tortiously interfere...

  • United States v. Steward
    105 F3d 667
    MEMORANDUM A jury convicted Steward of attempt to distribute methamphetamine and possession of a firearm in relation to a drug offense. In a previous appeal, Steward challenged his convictions and s...

  • United States v. Brown
    102 F3d 1390
    Timothy Newman Brown ("Tim") and Tracy Alexander Brown ("Tracy") were convicted by a jury of their peers on all counts of a six count indictment, which included conspiring to possess with intent to di...

  • United States v. Voshell
    105 F3d 663
    Steve Alan Voshell appeals the 180-month sentence imposed by the district court after he pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). On app...

  • United States v. Clay
    106 F3d 402
    Defendant Clay was indicted for possession and distribution of cocaine base. Clay pled guilty and was sentenced to 262 months in prison. Clay now appeals his sentence, arguing that the sentencing gu...

  • Cerullo v. T Allen Fdc
    104 F3d 367
    ORDER AND JUDGMENT Before BALDOCK and BRISCOE, Circuit Judges, and LUNGSTRUM, District Judge. LUNGSTRUM, District Judge. After examining the briefs and appellate record, this panel has determined...

  • Publishers Printing Co Inc v. National Labor Relations Board
    106 F3d 401
    This case comes to us on a petition for review of an order of the National Labor Relations Board. The Board has filed a cross-application for enforcement. The order in question requires the petitio...

  • United States v. Davis
    103 F3d 660
    Cleophus Davis, Jr., was convicted by a jury of three counts of armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d) (1988); and three counts of using a firearm during and in relation...

  • Leap v. Malone F and K
    106 F3d 401
    This is a personal injury case, filed in federal court on diversity grounds, in which the plaintiff appeals from a judgment entered on a verdict in her favor for three quarters of a million dollars. ...

  • 5
    104 F3d 356
    Appeal from the United States District Court for the Eastern District of New York (Fredric Block, Judge ). APPEARING FOR APPELLANT: Barry Gene Rhodes, Brooklyn, NY APPEARING FOR APPELLEE: John M....

  • Flores v. United States
    105 F3d 660
    Feilberto Flores appeals the denial of his third petition under 28 U.S.C. § 2255, this time raising a double jeopardy claim as to the civil forfeiture of certain property, 21 U.S.C. § 881(a)...

  • Holland v. Hanks
    105 F3d 660
    John Holland ("Holland") challenges his confinement at the Wabash Valley Correctional Institute ("WVCI") pursuant to 28 U.S.C. § 2254, arguing that he is being required to serve time under an "in...

  • United States v. Macias Luna
    105 F3d 660
    Defendant Humberto Macias-Luna pled guilty to, and was convicted of, unlawful re-entry into the United States after deportation. (No. 94 CR 40032) Defendant was sentenced to 86 months' imprisonment a...

  • Anonymous v. S Kaye
    104 F3d 355
    Appeal from the United States District Court for the Southern District of New York (John F. Keenan, Judge). APPEARING FOR APPELLANT:Michael S. Barth, Pro Se, Liberty Corner, NJ. APPEARING FOR APPE...

  • United States v. M Glisson
    105 F3d 660
    On September 20, 1995, Forest Service Supervisor Louise Odegaard issued Order No. 95-08-18 closing the Cripps Bend Timber Sale ("CBTS Order"), a portion of the Shawnee National Forest, to the public p...

  • Norton v. Corrales Village Of
    103 F3d 928
    Plaintiffs Richard E. Norton, Carolyn A. Norton, and Norco, Inc., landowners and developers, brought this action against defendants Village of Corrales, Corrales Planning and Zoning Commission, and va...

  • United States v. Anderson
    104 F3d 359
    Appellant, Alex Anderson, was convicted of mailing threatening communications to a female television newscaster, and was sentenced to three years in prison. Shortly before Anderson's scheduled releas...

  • United States v. Ferrin
    104 F3d 359
    Luis Ferrin appeals the district court's order denying relief on his motion brought under 28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104...

  • United States v. Fowler
    104 F3d 368
    Defendant Lester Eugene Fowler appeals from the denial of his motion under 28 U.S.C. § 2255. Mr. Fowler alleged in his § 2255 motion that the sentence he was serving for unlawful possession...

  • United States v. L Reser
    104 F3d 368
    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...

  • Yarnevic v. Brinks Incorporated R
    102 F3d 753
    John R. Yarnevic appeals the district court orders denying his motion to remand his action to state court and granting summary judgment in favor of Brink's, Incorporated. We affirm. * The first iss...

  • No 96 4609
    102 F3d 748
    In reviewing the propriety of loans made by the Appellant-Bank to a customer of the Bank, the Federal Deposit Insurance Corporation ("FDIC") concluded that a series of loans made to that customer, his...

  • This v. Liberman
    104 F3d 356
    Appeal from the United States District Court for the Southern District of New York. Appearing for Appellant:Bart Schwartz pro se, N.Y., N.Y. S.D.N.Y. AFFIRMED. Before KEARSE and CABRANES, Cirr...

  • Ryan v. County Jury Commission J
    105 F3d 329
    Ryan was a defendant in two criminal jury trials in DuPage County in 1991 and 1992 and he was found guilty at each trial. Ryan believes that the jury selection system used in each case was unfairly p...

  • This v. Leigh
    104 F3d 356
    Appeal from the United States District Court for the Western District of New York (John T. Elfvin, Judge). APPEARING FOR APPELLANT: Laurie S. Hershey, Garden City, NY. APPEARING FOR APPELLEE: Jo...

  • United States v. Gonzalez Rodriguez
    104 F3d 368
    ORDER AND JUDGMENT Defendant Jesus Manuel Gonzalez-Rodriguez appeals from his sentence, claiming that the district court should have departed downward. We have jurisdiction under 18 U.S.C. § 35...

  • United States v. Rogers
    102 F3d 641
    Chadwick Rogers was convicted of conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. §§ 846 and 841(a)(1), and certain of his property was ordered forfeited p...

  • United States v. A Plantan
    102 F3d 953
    In 1995, John Plantan pled guilty to one count of federal excise tax evasion in violation of 26 U.S.C. § 7201 pursuant to a plea agreement with the government. At sentencing, the court imposed a...

  • United States v. Jones
    104 F3d 360
    Damon D. Jones was convicted by a jury of one count each of armed bank robbery (18 U.S.C. § 2113(d) (1994)) and interference with commerce by robbery (18 U.S.C. § 1951 (1994)) and two counts...

  • United States v. Horning
    105 F3d 667
    Before: REINHARDT and RYMER, Circuit Judges; TANNER, District Judge. MEMORANDUM Karen Horning, proceeding pro se, appeals her conviction for possession with intent to distribute methamphetamine i...

  • United States v. Woods
    104 F3d 360
    Ronald Maurice Woods appeals his conviction of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1) (1994). We affirm. On September 15, 1994, police officers stop...

  • Mock v. Kernan
    104 F3d 365
    MEMORANDUM Blaine Carroll Mock, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his jury conviction for rape and kidna...

  • Martinez v. Neilson Hcf Hcf Hcf Hcf
    104 F3d 365
    MEMORANDUM Marshall Martinez, a Hawaii state prisoner, appeals pro se the district court's judgment following a bench trial and partial summary judgment in his 42 U.S.C. § 1983 action. Martinez...

  • United States v. Anderson
    104 F3d 366
    MEMORANDUM Gary Lee Anderson appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his guilty plea conviction for manufacturing methamphetamine in violation of 21...

  • United States Of America v. Reza
    104 F3d 360
    Alfredo Reza was involved in a scheme in which he made and distributed false alien identification cards ("Green Cards"). Appellant was apprehended after a cooperating witness purchased ten counterfei...

  • United States v. Rivera
    104 F3d 366
    MEMORANDUM Francisco Soto Rivera appeals the district court's modification of his supervised release term following Rivera's violation of supervised release conditions. Rivera pled guilty to two cou...

  • United States Of America v. Zaki
    104 F3d 360
    Omar Shahid Zaki entered a guilty plea to two counts of mail fraud, 18 U.S.C.A. § 1341 (West Supp.1996). He was sentenced to a term of 51 months and fined $250,000. He appeals his conviction, a...

  • United States v. Bagha
    104 F3d 366
    MEMORANDUM Victor Bagha appeals the the district court's revocation of his probation and the imposition of a four-year sentence. Pursuant to Anders v. California, 386 U.S. 738 (1967), Bagha's counse...

  • Wilson v. United States Department Of Agriculture
    104 F3d 366
    James A. Wilson, Sr., d/b/a Modern Locker Plant and/or Cattlemen's Co-op, Yellowstone Meat Company and Rudolph Stanko, all pro se, petition for review of an order of the Secretary of the United States...

  • United States v. Smith
    104 F3d 366
    MEMORANDUM Federal prisoner Lawrence Warren Smith appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his conviction for drug trafficking and firearms violations....

  • United States v. Iglesias
    104 F3d 366
    MEMORANDUM Raymond Iglesias appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence for conspiracy to possess cocaine with intent to distribute. Iglesia...

  • United States v. Webb
    104 F3d 366
    MEMORANDUM Thomas Dean Webb appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence imposed following his 1991 probation revocation. We have jurisdictio...

  • Burgos v. Pl Kernan
    104 F3d 365
    MEMORANDUM California state prisoner Richard Burgos appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging a prison disciplinary proceeding in which he wa...

  • Buchanan v. D Marshall
    104 F3d 365
    MEMORANDUM California state prisoner Richard C. Buchanan appeals pro se the district court's dismissal of his habeas corpus petition. Buchanan contends that: 1) the district court erred by determin...

  • Hayes v. T Forsyth
    104 F3d 365
    MEMORANDUM California state prisoner Michael Hayes appeals pro se the district court's summary judgment in favor of T. Forsyth, a prison guard, in Hayes's 42 U.S.C. § 1983 action, alleging that ...

  • McDaniel v. Cody McDaniel
    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 these appeals. See Fed. R.App. P. 34(a); 1...

  • Hardy v. City Of Glendale
    104 F3d 365
    MEMORANDUM Paul Hardy appeals pro se the district court's summary judgment in favor of the City of Glendale, the Glendale Humane Society, several Glendale police officers, and several Glendale Humane...

  • Denson v. United States
    104 F3d 365
    Before: WIGGINS and TROTT, Circuit Judges, and VANCE, District Judge. MEMORANDUM This is a Federal Tort Claims Act case arising out of a construction site accident that occurred on February 1, 198...

  • V Immigration and Naturalization Service
    104 F3d 365
    MEMORANDUM Augustine N. Okeke, a native and citizen of Nigeria petitions pro se for review of an order of the Board of Immigration Appeals ("BIA") affirming the Immigration Judge's (IJ) decision find...

  • United States v. Dasilva
    104 F3d 366
    MEMORANDUM Federal prisoner Robert DaSilva appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate the sentence imposed for his 1989 conviction for conspiracy to manufacture...

  • United States v. Breedlove
    104 F3d 366
    MEMORANDUM Derrick Mauri Breedlove appeals his 108-month sentence under the Sentencing Guidelines following his conviction for conspiracy to commit armed bank robbery and armed bank robbery in violat...

  • United States v. Dominguez
    104 F3d 366
    MEMORANDUM Richard Damon Dominguez appeals his conviction and 37-month sentence following a guilty plea for possession of an unregistered destructive device, in violation of 26 U.S.C. § 5861(d)....

  • Parejo v. E Thatcher
    104 F3d 365
    MEMORANDUM Manuel Parejo, a Washington state prisoner, appeals pro se the district court's summary judgment in favor of defendants in his 42 U.S.C. § 1983 action. Parejo alleged that he was pla...

  • McNeely v. M Olivarez
    104 F3d 365
    MEMORANDUM Robert Gene McNeely, a California state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 petition challenging his jury conviction for the second degree murder of his wife. ...

  • United States v. Arrollo Ariola
    104 F3d 366
    MEMORANDUM Ernesto Arrollo-Ariola appeals his sentence imposed following his guilty plea to possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Arroll...

  • Villegas Valenzuela v. Immigration and Naturalization Service
    103 F3d 805
    Ana Villegas-Valenzuela and Martina Limon-Perez petition to overturn decisions of administrative law judges granting summary decisions in favor of the Immigration and Naturalization Service ("INS") in...

  • United States v. Edmonds
    103 F3d 822
    Ronnie B. Edmonds appeals his jury conviction for making seventeen false statements to law enforcement officers in violation of 18 U.S.C. § 1001. Edmonds also appeals his sentence of 41 months i...

  • United States v. Jimenez
    104 F3d 366
    MEMORANDUM Carlos Max Jiminez appeals his 60-month sentence imposed following his guilty plea to possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Jimine...

  • Falcon Trading Group Ltd v. Securities and Exchange Commission
    102 F3d 579
    The petitioners challenge a decision of the Securities and Exchange Commission (SEC or Commission) imposing sanctions on them for violating the Rules of Fair Practice [322 U.S.App.D.C. 182] (Rules) of...

  • Miller v. United States
    106 F3d 401
    The petitioner, James Richard Miller, was originally convicted of conspiracy to possess cocaine with the intent to distribute, knowingly traveling in interstate commerce to promote an unlawful activit...

  • High v. United States
    106 F3d 400
    Kenneth High, represented by counsel, appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. The parties have waived oral argument, and this ...

  • United States v. Walker
    104 F3d 368
    These consolidated appeals arise from a Kansas State Trooper's stop and subsequent search of a rented Chrysler minivan which uncovered 38 kilograms of cocaine. The driver of the vehicle, Defendant Br...

  • Acker v. State Of Colorado
    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 Of America v. Nicholas
    104 F3d 368
    Defendant appeals the district court's decision denying his motion to suppress evidence seized during the course of a traffic stop. Following the court's ruling, defendant entered a conditional guilt...

  • United States v. Tyler
    104 F3d 368
    Defendant-appellant Laster David Tyler appeals from the sentence imposed for his two convictions for distribution and possession, with intent to distribute, cocaine base, in violation of 21 U.S.C. &#x...

  • United States v. Dethouars
    104 F3d 368
    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...

  • Nissen v. Silbaugh
    104 F3d 368
    Former Wyoming state penitentiary prisoner Robert D. Nissen brought this 42 U.S.C. § 1983 action against certain corrections personnel, alleging that they violated his civil rights by failing to ...

  • United States v. Felix Rodriguez
    104 F3d 366
    MEMORANDUM Jesus Felix-Rodriguez, a federal prisoner, appeals pro se the denial of his 28 U.S.C. § 2255 motion and motion for reconsideration. We have jurisdiction pursuant to 28 U.S.C. § ...

  • Nelson v. Jaramillo H
    104 F3d 368
    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 ...

  • California Department Of Corrections v. United States District Court For The Eastern District Of Cali
    103 F3d 72
    Arthur Calderon, Warden of the California State Prison at San Quentin, and James Gomez, Director of the California Department of Corrections, (Petitioners) seek a writ of mandamus directing the United...

  • Wright v. Gomez and S Rh Cvsp
    104 F3d 366
    MEMORANDUM Jesse James Wright, a California state prisoner released on parole, appeals pro se the district court's denial of his motion for reconsideration concerning the district court's prior grant...

  • United States v. B McDougal
    103 F3d 651
    A group of media organizations, including Reporters Committee for Freedom of the Press; Radio-Television New Directors Association; Capital Cities/American Broadcasting Companies, Inc.; Cable News...

  • Jones v. A Fields
    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. Escamilla Hernandez
    104 F3d 366
    MEMORANDUM Jose Luis Escamilla-Hernandez appeals his 120-month sentence imposed following his guilty plea to one count of importing cocaine in violation of 21 U.S.C. §§ 952 and 960. We hav...

  • United States v. Alberto Gutierrez
    104 F3d 366
    MEMORANDUM Julieo Alberto Gutierrez appeals his 21-month sentence imposed following the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and affirm. Gutierre...

  • Ferrer v. E Dailey E and G Us J Us
    104 F3d 367
    Mr. Ferrer, an inmate incarcerated in Springfield, Missouri who appears pro se, appeals from the dismissal of his action against his former defense attorney, the attorney's law firm and two assistant ...

  • Anderson v. Campbell
    104 F3d 367
    This case explores the area of law bound by Payton v. New York, 445 U.S. 573 (1980) on the one side, and Steagald v. United States, 451 U.S. 204 (1981) on the other. In Payton, the Court stated that ...

  • United States v. Doe
    105 F3d 667
    Before FLETCHER, WIGGINS, and T.G. NELSON, Circuit Judges MEMORANDUM John Doe appeals his juvenile conviction for attempted criminal damage under 18 U.S.C. § 13, assimilating Arizona Revised S...

  • Schulman Schulman v. United States Internal Revenue R
    105 F3d 666
    MEMORANDUM Gerald L. Schulman filed a Bankruptcy petition under Chapter 7 of the Bankruptcy Code on February 3, 1992. The clerk of the Bankruptcy Court sent a notice to Schulman's counsel setting th...

  • Noble v. United States
    105 F3d 666
    MEMORANDUM Mae Noble presents the following questions for our consideration: (1) whether she may assert for the first time in a motion under 28 U.S.C. § 2255 that the government failed to prove...

  • Stevenson Bey v. E Lungren Fci
    105 F3d 666
    MEMORANDUM Stevie Stevenson-Bey appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus following his bench trial conviction. Stevenson-Bey contends that t...

  • United States v. L Wilson
    102 F3d 968
    Travell Wilson and Earnest Watkins, Jr. appeal from judgments of the district court entered after a jury found them guilty of conspiracy to distribute cocaine and of aiding and abetting possession wit...

  • Marks v. Clarke
    102 F3d 1012
    Appellants in this case are twenty-three individual City of Spokane police officers and one individual Spokane County law enforcement officer. Appellees, the plaintiff Gypsy Church of the Northwest a...

  • United States v. Smith
    103 F3d 531
    Richard Alexander Smith had the bad luck to be stopped for speeding on Interstate 57 in Williamson County, Illinois. After determining that Smith did not own the car he was driving, the state trooper...

  • Pitsonbarger v. Gramley
    103 F3d 1293
    From August 26, 1987, to September 1, 1987, Jimmy Ray Pitsonbarger rampaged through the states of Nevada, Illinois, and Missouri, committing a series of crimes including sexual assault, attempted murd...

  • Stussy v. City Of Los Angeles
    105 F3d 666
    MEMORANDUM Dieter Stussy appeals the district court's summary judgment in favor of the City of Los Angeles, the City of Long Beach and the United States, in Stussy's civil rights action. Stussy cont...

  • United States v. McDermot Ii L
    102 F3d 1379
    Appellee Gordon L. Rush, Jr. was convicted of multiple counts of mail fraud under 18 U.S.C. § 1341, wire fraud under 18 U.S.C. § 1343, and conspiracy to commit mail and wire fraud under 18 U...

  • United States v. L Bailey
    105 F3d 660
    Henry L. Bailey, Jr., was convicted on his plea of guilty to one count of passing counterfeit money in violation of 18 U.S.C. § 472. He was sentenced to two months imprisonment, two years superv...

  • Moore v. Parmenter
    104 F3d 367
    Phillip Ray Moore was convicted by a Jefferson County, Colorado jury of eight felony counts stemming from a violent sexual assault against his wife and daughter. He was sentenced to 72 years. After ...

  • Macnab v. Oregon Board Of Parole
    105 F3d 665
    MEMORANDUM Loren Macnab, an Oregon state parolee, appeals pro se the district court's dismissal of his 42 U.S.C. §§ 1983, 1985 action for failure to state a claim pursuant to Fed.R.Civ.P. 1...

  • United States v. M Dickerson
    105 F3d 660
    Sheila Dickerson pleaded guilty to and was convicted of one count of distributing a controlled substance (crack) in violation of 21 U.S.C. § 841(a)(1). After she was sentenced to seventy months ...

  • This v. Copenhagen
    104 F3d 355
    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 argued by counsel for appellants and appellee. ON CONSIDER...

  • Alton v. National Association Of Securities Dealers Inc Alton
    105 F3d 664
    MEMORANDUM Thomas Alton petitions pro se for review of an order of the Securities and Exchange Commission ("SEC") affirming disciplinary sanctions imposed against him by the National Association of S...

  • Donovan v. United States Of America
    104 F3d 362
    Vincent Donovan was convicted by a jury of conspiring to distribute cocaine, possessing cocaine with the intent to distribute, and travelling in interstate commerce to facilitate an illegal act. Dono...

  • Fidel
    105 F3d 664
    Before FLETCHER, TASHIMA and RESTANI MEMORANDUM Plaintiff-appellants Bernard Fidel, David Fidel, Marit Fidel, Erik Fidel and Hilda Fidel (collectively "appellants") were members of a shareholder cla...

  • Hart v. State California
    105 F3d 665
    MEMORANDUM Chester Ray Hart, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his jury conviction for six counts of chi...

  • This Summary
    104 F3d 357
    This cause came to be heard on the transcript of record from the United States District Court for the District of Connecticut and was argued by counsel for the appellant and appellee. ON CONSIDERATI...

  • United States v. Algerio
    104 F3d 359
    Appellant Kevin Algerio appeals from a sentence imposed as a result of his pleading guilty to violating the terms of his supervised release. Algerio contends that the district court abused its discre...

  • Monroe v. United States
    105 F3d 665
    MEMORANDUM Sue Monroe, a federal prisoner appeals pro se the district court's order granting in part, and denying in part her Fed.R.Crim.P. 41(e) motion for return of seized property. We have jurisd...

  • Charles v. A Lowe
    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. A Cook
    104 F3d 359
    Charles A. Cook appeals the district court's order affirming his conviction by a magistrate judge of speeding on the George Washington Memorial Parkway, a federal highway under the jurisdiction of the...

  • United States v. Vonstein
    105 F3d 667
    MEMORANDUM Appellant Jeri Lynn Vonstein was charged with conspiracy to distribute 100 grams or more of methamphetamine in violation of 21 U.S.C. § 846 (count one), and distribution of and aiding...

  • Dubois v. United States Department Of Agriculture
    102 F3d 1273
    The defendant-intervenor Loon Mountain Recreation Corporation ("Loon Corp.") operates a ski resort in the White Mountain National Forest in Lincoln, New Hampshire. In order to expand its skiing facil...

  • United States v. Vega
    102 F3d 1301
    Daniel T.S. Heffernan, by appointment of the Court, with whom Sugarman, Rogers, Barshak & Cohen, P.C., Boston, MA, was on brief for appellant. Kevin P. McGrath, Assistant United States Attorney,...

  • Vaccaro v. Henry
    105 F3d 668
    MEMORANDUM John J. Vaccaro, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition challenging the revocation of his parole. The United St...

  • United States v. Reyes
    102 F3d 1361
    Defendant-Appellant, Jose Virgilio Reyes, principally appeals his conviction of using or carrying a firearm during and in relation to a drug-trafficking crime in violation of 18 U.S.C. § 924(c)(1...

  • Sunbeam Oster v. Whitehurst
    102 F3d 1368
    Resolution of the principal issues presented by this appeal requires the construction and application of reimbursement and subrogation provisions of the Plaintiff-Appellant Sunbeam-Oster Company, Inc....

  • Marler v. Missouri State Board Of Optometry F W E Ve
    102 F3d 1453
    Robert E. Marler appeals the district court's grant of summary judgment in favor of the defendants in this 42 U.S.C. § 1983 action. Marler filed this lawsuit against the Missouri State Board of ...

  • United States v. Diaz
    105 F3d 667
    MEMORANDUM Federal prisoner Emilio Gomez Diaz appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his 1993 guilty plea conviction for conspiracy to distribute m...

  • United States v. A Davis
    103 F3d 48
    Although this appeal was not D.O.A., it died soon after it arrived at our door. If mootness means anything, it means in most cases that one cannot successfully appeal when a district judge has alread...

  • Moore v. C Parke
    104 F3d 362
    Billy Kenneth Moore was sentenced to twenty years in prison for an armed robbery committed in Owen County, Indiana in 1985. Moore's sentence was enhanced by thirty years for being an habitual offende...

  • United States v. Williams
    103 F3d 57
    Paige Aaron Williams appeals the district court's order reducing his sentence pursuant to 18 U.S.C. § 3582(c)(2). We vacate the order and remand for reconsideration. Williams pleaded guilty to...

  • Quinn v. R Hinson
    107 F3d 1
    Candace A. Quinn (hereinafter petitioner), seeks review of the National Transportation Safety Board's affirmance of an order of the Federal Aviation Administration ("FAA"), suspending her commercial p...

  • Holland v. Hargett
    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. Neal
    105 F3d 667
    MEMORANDUM Anthony Cecil Neal, a federal prisoner, appeals pro se the denial of his motion to reconsider his motion pursuant to 18 U.S.C. § 3582, which the district court reclassified as a motio...

  • United States v. Arreola Armenta
    105 F3d 667
    MEMORANDUM In this consolidated appeal, Hermenegildo Arreola-Armenta appeals his jury conviction for conspiracy to possess and distribute heroin, distribution of heroin and possession with intent to ...

  • United States v. A Ramirez Torres
    105 F3d 667
    MEMORANDUM The United States challenges the district court's failure to apply the obstruction of justice enhancement under § 3C1.1 of the Sentencing Guidelines in sentencing Appellee Luis Ramire...

  • Ball v. W Booker
    104 F3d 362
    In 1993 the United States Parole Commission revoked Ball's parole, based in part on a Texas police report and arrest record concerning a charge of aggravated robbery. In August 1994 a Texas state cou...

  • United States v. J James
    105 F3d 667
    MEMORANDUM Bernie J. James appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his guilty plea conviction for conspiracy to possess and distribute cocaine base, i...

  • United States v. Robinson
    104 F3d 361
    Defendant-Appellant Timothy Robinson appeals from a jury conviction of possessing cocaine with the intent to distribute and conspiring to do the same. Robinson contends that the government failed to ...

  • United States v. L Rogers
    105 F3d 667
    MEMORANDUM Gerald L. Rogers, a federal prisoner, appeals pro se the district court's denial of his second 28 U.S.C. § 2255 motion to vacate his sentence for mail fraud (18 U.S.C. § 1341) an...

  • United States v. Ennis
    105 F3d 667
    MEMORANDUM Jimmy Earl Ennis appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his conviction and life sentence for conspiracy to manufacture and possess with in...

  • Ferguson v. Finney
    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. Slevin
    106 F3d 1086
    Defendant-appellant Frank Slevin appeals from a judgment of conviction entered on December 27, 1995 in the United States District Court for the Southern District of New York. A jury found Slevin guil...

  • United States v. N Sia
    104 F3d 348
    Defendant Christopher Sia appeals from the denial of his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2). For the reasons that follow, we vacate and remand for further proceedings....

  • Roberts v. Jw Booker
    103 F3d 145
    Mr. Roberts, an inmate appearing pro se and in forma pauperis, appeals from the dismissal of his habeas corpus petition, 28 U.S.C. § 2241, challenging the decision of the United States Parole Com...

  • Wood v. Rogers
    103 F3d 146
    Before the stay ran, appellant filed a motion to vacate, alleging that a direct state court appeal had been filed with the Oklahoma Court of Criminal Appeals by the Oklahoma Indigent Defense System. ...

  • United States v. Verdugo
    105 F3d 667
    Before: FARRIS, BEEZER and TASHIMA, Circuit Judges MEMORANDUM Humberto Eduardo Verdugo appeals the district court's affirmance of the magistrate judge's probation revocation order. Verdugo contend...

  • United States v. Kaisserman
    105 F3d 667
    Before: BROWNING, SKOPIL, and BRUNETTI, Circuit Judges MEMORANDUM We affirm the conviction of Jay Kaiserman for residing in the Coronado National Forest without special use authorization in violati...

  • United States v. Magallanes
    105 F3d 667
    Magallanes' testimony about the jacket kept changing, contradicting itself, and was implausible. The district judge said at sentencing that he believed Magallanes had lied in his testimony at trial a...

  • Smith
    103 F3d 637
    These two prisoners' civil rights cases arise out of an incident where an Arkansas inmate stabbed two fellow inmates, Ernest Smith and John Stewart, murdering Stewart and seriously injuring Smith. Sm...

  • United States v. So
    105 F3d 667
    MEMORANDUM Sambath So seeks habeas relief for his conviction of illegal firearms trafficking and false statements based on (1) the district court's denial of his motion to suppress evidence seized du...

  • Barrett v. United States
    105 F3d 793
    Christopher Barrett, pro se, petitions for a writ of mandamus directing the District Court for the Eastern District of New York (Allyne R. Ross, J.) to rule upon petitioner's motion to vacate his guil...

  • United States v. Molina
    102 F3d 928
    Jorge Molina was convicted on February 16, 1996, following a jury trial of a six count indictment. Count One was for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. ...

  • United States v. Golden
    102 F3d 936
    A jury convicted Stephen Golden on December 8, 1994 on nine drug-related counts, including conspiracy to possess with intent to distribute cocaine base ("crack") in violation of 21 U.S.C. § 846, ...

  • United States v. Rogers Mitchell
    104 F3d 361
    Defendants Antwon Rogers, Adolphus Mitchell, and Eric Love were indicted on drug charges in the United States District Court for the Northern District of Ohio. Count I of the indictment alleged consp...

  • Watford v. City Of Cleveland P
    104 F3d 361
    At the outset, we note that plaintiff-appellant, Watford, in his reply brief states that: "Appellant is not contesting the dismissal of appellees City of Cleveland, the Chief of Police [Kovacic] nor ...

  • Aucoin v. W Reynolds
    104 F3d 361
    Defendants appeal the district court's order finding that the Tennessee Department of Corrections' drug testing policy created a constitutionally protected liberty interest and that defendants violate...

  • Woods v. United States
    104 F3d 361
    Thomas D. Woods, a federal prisoner proceeding pro se, 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...

  • Watkins El v. Woodward
    104 F3d 361
    Larry Eugene Watkins-El, a Kentucky prisoner proceeding pro se, appeals a district court order granting summary judgment to the defendants in his civil rights action filed under 42 U.S.C. § 1983....

  • United States v. Beasley
    102 F3d 1440
    Reginald Beasley and Oliver Beasley appeal from a final judgment entered in the District Court finding them guilty upon a jury verdict of one count of conspiring to commit bank robbery, in violation o...

  • United States v. D Parton
    104 F3d 361
    During the trial of Franklin DeWayne Parton on charges of being a felon in possession of a firearm, the defendant moved for a mistrial, following objectionable questioning by the assistant U.S. attorn...

  • Donovan v. United States
    104 F3d 362
    Steven Donovan, along with three others, was convicted of cocaine trafficking and sentenced to life imprisonment. His conviction was affirmed by this court on appeal. United States v. Donovan, 24 F....

  • United States v. Nelson
    102 F3d 1344
    In connection with his cocaine conspiracy conviction, James Kevin Nelson contends that the district court erred (1) in refusing to suppress $43,000 seized from his shoulder bag when he was arrested, (...

  • United States v. Sledge
    103 F3d 122
    Appellant Thomas Sledge pled guilty to embezzling over $258,000 from the Greensboro National Bank. The district court sentenced Sledge to eighteen months incarceration with five years supervised rele...

  • United States v. R Williams
    102 F3d 923
    William R. Williams was convicted of threatening the life of the President of the United States. See 18 U.S.C. § 871. He appeals his sentence of five years incarceration followed by three years...

  • National Labor Relations Board v. Fluor Daniel Inc
    102 F3d 818
    The National Labor Relations Board ("NLRB") has petitioned for enforcement of its order finding respondent, Fluor Daniel, Inc., to have committed various unfair labor practices against job applicants ...

  • Satterfield v. McCaughtry
    104 F3d 362
    Clinton Satterfield brought this § 1983 action against various prison officials and employees at the Waupun Correctional Institute alleging that they violated his Fourteenth Amendment procedural ...

  • Bronson v. E Freeman
    103 F3d 116
    Nora Henry Hargrove, Wilmington, North Carolina, for Appellant. Clarence Joe Delforge, III, Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ...

  • United States v. Valdez
    104 F3d 361
    Defendants Dionicio Valdez and Omar Paz-Zamudia appeal the sentences entered by the district court on their guilty pleas to conspiracy to possess with intent to distribute controlled substances. They...

  • United States v. Haselden
    103 F3d 121
    Appellant pled guilty to one count of conspiracy to possess with intent to distribute and to distribute cocaine. Pursuant to the plea agreement, the Government administered a polygraph examination pr...

  • United States v. Wellmaker
    103 F3d 145
    Defendant-appellant Tonya Lee Wellmaker pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1) and was sentenced to 92 months imprisonment and three years supervised re...

  • United States v. Parker
    103 F3d 122
    Appellant appeals the order of the district court dismissing as moot his motion for relief pursuant to 28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, P...

  • United States v. Butler
    103 F3d 120
    Sean Butler, a prisoner in the Maximum Security Facility of the Lorton Reformatory Correctional Complex, Lorton, Virginia, was convicted of one count each of assault with a dangerous weapon (18 U.S.C....

  • United States v. Spriggs Iii
    102 F3d 1245
    The four appellants, all salesmen at well-known Washington-area suburban car dealerships, were caught in an elaborate sting operation in which an undercover police officer posed as a big-time District...

  • United States v. Ware
    108 F3d 340
    MEMORANDUM Troy Ware appeals his jury conviction under 18 U.S.C. § 922(g)(1) for being a felon in possession of a firearm. Ware presents three grounds for relief: (1) the district court abused...

  • United States v. Walker
    108 F3d 340
    MEMORANDUM Andre Walker appeals his jury conviction of one count of distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1). Walker argues that the evidence was insufficient to supp...

  • United States v. Ferret Castellanos
    108 F3d 339
    MEMORANDUM Jose Luis Ferret-Castellanos appeals from a final sentence imposed following his jury conviction for possession of cocaine with intent to distribute (21 U.S.C. § 841(a)(1)) and this c...

  • United States v. Lewis
    103 F3d 121
    Elan Christopher Lewis was sentenced to life without parole on the basis of convictions on one count of money laundering, four counts of drug distribution, and two counts involving firearms. On appea...

  • Musser v. Damrow
    108 F3d 338
    MEMORANDUM Robert Musser appeals pro se the district court's dismissal of his action for lack of prosecution. Musser contends that the district court (1) lacked subject matter jurisdiction; (2) sho...

  • United States v. Lanier
    103 F3d 121
    The defendant, Tommy Wright Lanier, was charged in a bill of indictment along with five co-defendants of conspiring to possess with the intent to distribute marijuana in violation of 21 U.S.C. § ...

  • Sinks v. Shanks
    103 F3d 145
    ORDER AND JUDGMENT This matter is before the court on Petitioner Kenneth Sinks's application for a certificate of probable cause to appeal the district court's denial of his 28 U.S.C. § 2254 pet...

  • Bureau v. State Of California
    108 F3d 336
    MEMORANDUM Val Jean Bureau appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition. Bureau contends: 1) Bureau's plea was coerced or involuntary because the trial court fou...

  • United States v. Ingram
    103 F3d 121
    Rodney Keith Ingram pled guilty to one count of possession of cocaine with intent to distribute. He appeals the denial of his motion to suppress the cocaine recovered from his automobile. We affirm....

  • Cochran Consulting Inc v. Uwatec Usa Inc Ag
    102 F3d 1224
    This suit for patent infringement was brought by Cochran Consulting, Inc., against Uwatec USA, Inc., its Swiss parent company Uwatec AG, and Ocean's Window, Inc., a distributor resident in the judicia...

  • Hilao v. Estate Of Marcos
    103 F3d 767
    The Estate of Ferdinand E. Marcos appeals from a final judgment entered against it in a class-action suit after a trifurcated jury trial on the damage claims brought by a class of Philippine nationals...

  • Murray v. City Of Boston
    104 F3d 348
    Plaintiff James Murray appeals from the entry of summary judgment on his employment-related claim against the City of Boston. Murray, a former city employee, brought claims against the City of Boston...

  • Megan Racine v. Niagara
    102 F3d 671
    This appeal raises a simple issue of statutory interpretation, but is set in a complex factual and legal background. The Federal Deposit Insurance Corporation ("FDIC"), Megan-Racine Associates, Inc. ...

  • Jackson v. H Long A Penland
    102 F3d 722
    When Buncombe County (North Carolina) Sheriff Charles H. Long received a complaint from a female inmate in the Buncombe County Detention Center that she had been raped by a jailer, Sheriff Long conduc...

  • United States v. Jones
    102 F3d 804
    Defendant, Phillip Jones, appeals his sentence and conviction for conspiracy to possess with intent to distribute cocaine base, distribution of cocaine base, attempt to possess cocaine with intent to ...

  • Street v. Corrections Corporation Of America
    102 F3d 810
    Plaintiff William Street appeals the grant of summary judgment to the defendants, Corrections Corporation of America ("CCA"), Dexter Stephen, and Jimmy Turner, in this case brought under 42 U.S.C. &#x...

  • United States v. Hernandez
    103 F3d 145
    ORDER AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See Fed. ...

  • Carlos Deleon v. Robert Hanslmaier Supt
    104 F3d 355
    E.D.N.Y. AFFIRMED. Counsel for Petitioner-Appellant: Randall D. Unger, Kew Gardens, New York. Counsel for Respondent-Appellee: Jacqueline M. Linares, Assistant District Attorney, Kings County,...

  • Wirgau v. United States
    104 F3d 361
    Carl Wirgau 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(a), Rul...

  • Crow v. W Penry
    102 F3d 1086
    Appellant Crow was convicted in Mexico of a drug violation. Pursuant to a treaty with Mexico concerning transfer of prisoners, see 28 U.S.T. 7399 et seq., he was transferred to a federal institution ...

  • United States v. Willis
    102 F3d 1078
    Defendant Robert Lee Willis appeals following a mistrial because of a hung jury and conviction after a second trial, on a two-count superseding indictment for conspiracy to commit bank larceny, in vio...

  • United States v. Adams
    103 F3d 120
    Timothy Adams was convicted (after a jury trial) of conspiracy to possess with the intent to distribute cocaine base ("crack"). See 21 U.S.C. §§ 841(a)(1) and 846. The district court sente...

  • Maximo Hilao v. Estate Of Ferdinand Marcos
    103 F3d 789
    Jose Maria Sison and Jaime Piopongco appeal from various rulings of the district court in the trial of their claims against the Estate of Ferdinand E. Marcos for damages incurred when human-rights abu...

  • Gross v. M Sizemore
    104 F3d 361
    Plaintiff-Appellant Fredrick Gross appeals the grant of summary judgment in favor of defendants in this suit filed under 42 U.S.C. § 1983. For the following reasons, we AFFIRM. Plaintiff's sui...

  • This v. Sinclair
    104 F3d 356
    This cause came on to be heard on the transcript of record from the United States District Court for the District of Connecticut and was argued by counsel. ON CONSIDERATION WHEREOF, IT IS HEREBY ORD...

  • This v. Ayala
    104 F3d 356
    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 by counsel. ON CONSIDERATION WHEREOF, IT IS HER...

  • Westine v. Wa Perrill
    103 F3d 145
    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. City
    104 F3d 356
    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 submitted. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDE...

  • United States v. Tamburro
    108 F3d 340
    MEMORANDUM Defendant Joseph Tamburro, a postal employee, appeals his conviction following a jury trial for unlawfully opening mail in violation of 18 U.S.C. § 1703(a). We have jurisdiction purs...

  • United States v. Nevis
    108 F3d 340
    MEMORANDUM Thomas Nevis appeals the district court's revocation of his probation for failure to pay restitution. We affirm. Nevis was convicted in 1989 of 24 counts of bank fraud and related offen...

  • This v. Pino Lara
    104 F3d 357
    APPEARING FOR APPELLEE: LEWIS J. LIMAN, Assistant United States Attorney, Southern District of New York, New York, NY. APPEARING FOR DEFENDANT-APPELLANT: DARRELL B. FIELDS, The Legal Aid Society, ...

  • Requested Extradition Of Kirby v. Kirby
    106 F3d 855
    Appellees Terence Damien Kirby, Pol Brennan and Kevin Barry John Artt fled to the United States after escaping in 1983, along with 35 other prisoners, from the Maze Prison in Belfast, Northern Ireland...

  • United States v. Kremer
    108 F3d 339
    MEMORANDUM The United States appeals the district court's order suppressing evidence obtained during a search that was authorized by an allegedly defective warrant. The alleged defect is that probab...

  • United States v. Harris
    108 F3d 339
    Before: WIGGINS and TROTT, Circuit Judges, and VANCE, District Judge. MEMORANDUM Raquel and Marvin Harris appeal the denial of their 28 U.S.C. § 2255 motions challenging their jury conviction...

  • United States v. Gage
    108 F3d 339
    MEMORANDUM Anita Gage appeals from an order denying her motion for reduction of sentence under 18 U.S.C. § 3582(c). Gage was convicted of one count of Conspiracy to Aid and Abet the Manufacture...

  • Henderson v. T Hartwig
    104 F3d 362
    Following a bench trial in the Circuit Court of Cook County, Samuel Henderson was found guilty of first degree murder and sentenced to 24 years' imprisonment. Henderson filed a direct appeal on the g...

  • Elliott v. Rocha H
    108 F3d 337
    MEMORANDUM Douglas Slade Elliott appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for murder and kidnapping. We have jurisdic...

  • 3
    104 F3d 357
    On June 24, 1992, Doe, a high-ranking lieutenant in a New York cell of the world's primary international drug trafficking organization, pleaded guilty pursuant to a plea agreement to a one-count indic...

  • Crane v. Arizona Republic
    108 F3d 337
    MEMORANDUM Appellants ("Republic ") appeal the jury verdict for several reasons. They argue that: (1) the plaintiffs failed to comply with California Civil Code § 48a(1); (2) the plaintiffs f...

  • Smith Lee Associates Inc v. City Of Taylor Michigan
    102 F3d 781
    The City of Taylor, Michigan appeals the District Court's judgment that the City violated the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3604(f)(1)(B) & (3)(B), by intentionally discrim...

  • Cleaton v. Hargett
    103 F3d 144
    This matter is before the court on petitioner Tommy Lee Cleaton's application for a certificate of appealability to appeal the district court's denial of his petition for a writ of habeas corpus under...

  • Erie Insurance Group v. Sear Corporation
    102 F3d 889
    Defendants-appellants Sear Corporation, Larry Bass and Birch Dalton (collectively "Sear") appeal the district court's grant of summary judgment in favor of plaintiff-appellee Erie Insurance Group ("Er...

  • Cosentino v. R Kelly
    102 F3d 71
    Petitioners Anthony Magana and Joseph Cosentino appeal from a May 13, 1996 judgment of the United States District Court for the Southern District of New York, denying their petition for a writ of habe...

  • Coyne Delany Company v. Blue Cross and Blue Shield Of Virginia Incorporated
    102 F3d 712
    Coyne & Delany Company brought suit against Blue Cross and Blue Shield of Virginia under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., alleging that B...

  • United States v. Ogden
    102 F3d 887
    In recent years, the government has taken to including a waiver of the right to appeal the sentence imposed in some of its plea agreements. This case illustrates the confusion that can arise due to t...

  • United States v. C Ashby
    103 F3d 131
    Joel C. Ashby appeals a district court judgment of conviction and sentence. The parties have waived oral argument and this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(...

  • United States v. Hailstock
    103 F3d 121
    Anthony Devore Hailstock pled guilty to conspiracy to possess with the intent to distribute and to distribute cocaine base, in violation of 21 U.S.C. § 846 (1994). The district court sentenced H...

  • Ealy v. City Of Dayton
    103 F3d 129
    Plaintiff Larry Ealy, pro se, appeals the District Court's order denying his motion for judgment as a matter of law or a new trial. In this action brought under 42 U.S.C. § 1983, the court instr...

  • Ty Cheng v. Minact Inc
    103 F3d 128
    Defendant, MINACT, Inc., appeals from the judgment for plaintiff, Theresa T.Y. Cheng, following a jury trial on plaintiff's claim under the Age Discrimination in Employment Act of 1967, as amended (AD...

  • 2
    103 F3d 131
    Michael Guy Duncan appeals his judgment of conviction and sentence. The parties have waived oral argument and this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a). In...

  • United States v. Broomfield
    103 F3d 131
    Lonnie Broomfield appeals a district court judgment of conviction and sentence. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination...

  • Ssmc Incorporated Nv v. Steffen Singer Furniture Acquisition Corporation and I Xx
    102 F3d 704
    This case arises from one aspect of the complex commercial transactions entered into by two sophisticated businessmen, Paul Bilzerian and James Ting. The parties have presented us with massive filing...

  • Sledge v. Pratt
    106 F3d 401
    Willie D. Sledge, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights action filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of t...

  • Shifman v. Internal Revenue Service
    103 F3d 130
    Plaintiffs appeal from the district court's grant of summary judgment in favor of defendants, the Internal Revenue Service ("IRS") and the United States, in actions seeking the return of copies of cer...

  • Johnson v. Teamsters Local Johnson
    102 F3d 21
    In the principal appeal now before us, Teamsters Local 559 and Robert Dubian appeal from state law tort judgments against them arising out of a workplace conflict. They argue, inter alia, that there ...

  • Clark v. Turner
    103 F3d 128
    This pro se Ohio prisoner appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant...

  • United States v. Wilson
    105 F3d 667
    MEMORANDUM The judgment says that Wilson is "placed on probation for a term of one year." The challenged condition of probation runs for three years. We need not decide whether a condition of prob...

  • Nazaraghaie v. Immigration and Naturalization Service
    102 F3d 460
    Iraj Nazaraghaie, a citizen of Iran, appeals the denial by the district court of his petition for a writ of habeas corpus. At a hearing before an immigration judge, Mr. Nazaraghaie conceded his exclu...

  • United States v. Keys
    103 F3d 758
    Nathaniel Earl Keys timely appeals the district court's affirmance of his conviction, following a bench trial before a magistrate judge, for assault on his daughter in violation of 18 U.S.C. §&#x...

  • Lauti v. Johnson
    102 F3d 166
    The principal issue in this appeal is the same as that decided by a panel of the court only two months ago: whether a Texas jury instruction concerning intoxication, Tex.Penal Code § 8.04(b), un...

  • Robinson v. State Of Michigan J J
    103 F3d 130
    Steven Gilbert Robinson, a pro se Michigan prisoner, appeals a district court order dismissing his complaint alleging a violation of the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§...

  • United States v. Senn
    102 F3d 327
    In accord with his plea agreement, Darin Senn cooperated actively with the government in its drug investigations. The government, in return, filed a motion for downward departure based upon his subst...

  • Gade v. D United States Parole Commission
    103 F3d 144
    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. Berger
    103 F3d 67
    James A. Berger, Jr. was resentenced on remand from this court, for three narcotics counts and one count of using a firearm during a drug trafficking crime. He claims the resentencing court erroneous...

  • United States v. Dickey
    102 F3d 157
    Larry Wilson Dickey appeals his convictions for manufacturing methamphetamine and firearm violations. Applying the recent Supreme Court decision in Bailey v. United States, --- U.S. ----, 116 S.Ct. 5...

  • United States v. McFadgon
    103 F3d 131
    David McFadgon pleaded guilty to a charge of possession of twenty-four (24) grams of cocaine base with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and to a charge of failure to app...

  • Cokley v. Emery
    103 F3d 144
    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. Moreno
    102 F3d 994
    Danny Moreno appeals from his conviction for possession with intent to distribute cocaine base (21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)). He contends that the district court erred by preven...

  • United States v. A Kizeart
    102 F3d 320
    Defendant Judious A. Kizeart was convicted under the "felon in possession" statute, 18 U.S.C. § 922(g)(1), as a previously convicted felon, for knowingly possessing and transporting in interstate...

  • United States v. Fahsi
    102 F3d 363
    Madani Fahsi and Missoum Ouared pleaded guilty to aiding and abetting the trafficking of counterfeit goods in violation of 18 U.S.C. §§ 2 & 2320. The District Court sentenced both defen...

  • United States v. H Strange
    102 F3d 356
    Richard Strange and Charles Zamorano pleaded guilty to violating 21 U.S.C. §§ 841(a)(1), 846 (1994), by conspiring to distribute and possess with intent to distribute controlled substances. ...

  • United States v. Calleja
    103 F3d 121
    Bernardo Calleja appeals from the district court's order denying his motion to correct an illegal sentence pursuant to former Fed.R.Crim.P. 35(a). Calleja claimed that his sentence was illegally impo...

  • United States v. Moran
    103 F3d 131
    Defendant Kelly Moran appeals from the sentence imposed by the district court following his plea of guilty to one count of illegally possessing a firearm after having been convicted of three prior vio...

  • Watson v. Block
    102 F3d 433
    Attorney Penelope Watson appeals the denial of her habeas petition claiming that her due process rights were violated when she was held in summary contempt. We reverse. Ms. Watson represented Willi...

  • Farmer v. United States
    104 F3d 362
    Stanley Farmer appeals from the district court's denial of his motion pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct the sentence resulting from his 1986 guilty plea to various dru...

  • This v. Finnerty
    104 F3d 356
    Paladin is a lawyer admitted to the New York Bar. His lawsuit arises out of two letters of caution sent by the New York State Grievance Committee for the Tenth Judicial District. In the Second Judic...

  • 7
    104 F3d 356
    After Mendez was sentenced, he appealed his conviction to the Appellate Division, First Department. On appeal, he claimed that he had been denied a fair trial because in summation, the prosecutor com...

  • 6
    104 F3d 356
    Appearing for Appellant: Pascual Rodriguez, pro se, Staten Island, New York. Appearing for Appellee Charles J. Hynes: Linda H. Young, Assistant Corporation Counsel, City of New York, New York, New...

  • Isby v. Newkirk
    105 F3d 660
    Aaron E. Isby, an inmate at the Maximum Control Complex (MCC) in Westville, Indiana, filed a petition for writ of habeas corpus, 28 U.S.C. § 2254, challenging his classification and transfer to t...

  • 4
    104 F3d 355
    Appearing for Appellant: Ira Harvey Cherry, pro se, New York, New York. Appearing for Appellee: Patrick J. Smith, Assistant United States Attorney for the Southern District of New York, New York, ...

  • 4
    104 F3d 357
    Appearing for Appellant Gilberto Mora: Michael H. Sporn, New York, New York Appearing for Appellant Johnny Mora: Wesley M. Serra, Brown, Berne & Serra, New York, New York. Appearing for Appe...

  • Peterman v. United States
    103 F3d 130
    Darrell Peterman appeals a district court order denying his motion to reconsider that court's denial of his motion to vacate sentence filed under 28 U.S.C. § 2255. The case has been referred to ...

  • Tracy v. Parker
    103 F3d 131
    This pro se Kentucky state prisoner appeals a district court judgment dismissing his civil rights suit filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pur...

  • Diehl v. Twin Disc Incorporated
    102 F3d 301
    In this appeal, we are called upon to decide whether Twin Disc promised certain insurance benefits for the duration of its retired employees' lives and, if so, to examine the nature of these benefits....

  • Exxon Valdez Allen v. Exxon Corporation Exxon Valdez C Abad
    102 F3d 429
    Suzanne C. Etpison, Bixby, Bowan & Gerry, San Diego, CA, for the plaintiffs-appellants. Randall Scarlett, Brown, Monzione, Fabbro, Zakaria & Scarlett, San Francisco, CA, for plaintiffs-appel...

  • Kuhn v. R Duckworth
    104 F3d 362
    Inmate John Kuhn filed a petition for a writ of habeas corpus, 28 U.S.C. § 2254, alleging that his guilty plea to attempted murder was invalid because 1) it was not knowingly and voluntarily give...

  • Smith v. People J
    103 F3d 145
    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...

  • No 95 60679
    101 F3d 414
    This case arises out of a movie deal gone bad. At the center of the controversy is the lovable star canine character we all know as Benji TM. But this case is not about Benji TM himself. Rather, we...

  • United States v. Y Omori
    107 F3d 18
    Before: O'SCANNLAIN and LEAVY, Circuit Judges, and HUFF, District Judge. MEMORANDUM Mary Yoko Omori ("Omori") appeals her sentence following her guilty plea to bank fraud, bank embezzlement, filin...

  • Arellanes v. Wh Seifert
    107 F3d 14
    MEMORANDUM Petitioner spent six years in prison on federal narcotics charges; he was released in 1990 to begin serving a special parole term. In 1994, he violated the conditions of his parole, firs...

  • Carner v. Townsend D
    103 F3d 128
    David Eugene Carner appeals a district court judgment denying him a writ of habeas corpus under 28 U.S.C. § 2254. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules...

  • Masterson v. State
    104 F3d 364
    In 1982, a jury found Jessie Daniel Masterson guilty of first-degree murder, he was sentenced to life imprisonment, and the Iowa Supreme Court affirmed on direct appeal. State v. Masterson, No. 68237...

  • United States v. D Purcell K
    107 F3d 18
    Before: FERNANDEZ and HAWKINS, Circuit Judges, and SCHWARZER, District Judge. MEMORANDUM Appellants were convicted of conspiracy to make material false statements on loan applications (18 U.S.C. &...

  • Bowling Lpa Pc v. Pfizer Inc
    102 F3d 777
    Four hundred years ago William Shakespeare observed that lawyers "dream on fees." During the ensuing centuries, few lawyers, even in their wildest dreams, have envisioned fees such as those that hav...

  • Smith v. United States
    104 F3d 364
    Billy Lee Smith was convicted by a jury of possession of ephedrine, a listed chemical, with intent to manufacture methamphetamine, in violation of 21 U.S.C. § 841(d)(1). He was sentenced to 92 m...

  • 4
    104 F3d 356
    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 by counsel. ON CONSIDERATION WHEREOF, IT IS HERE...

  • Clemmons v. L Sparkman
    103 F3d 129
    Kenneth Clemmons, a pro se Kentucky prisoner, appeals a district court judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. This case has been referred to a...

  • This v. Cooper
    104 F3d 356
    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 by counsel. ON CONSIDERATION WHEREOF, IT IS HERE...

  • Houser v. H Luttrell
    103 F3d 129
    Adam R. Houser, a pro se federal prisoner, appeals a district court judgment denying his lawsuit construed as a request for habeas corpus relief pursuant to 28 U.S.C. § 2241. This case has been ...

  • Isby v. E Wright E Isby
    104 F3d 362
    Plaintiff Aaron E. Isby, a prisoner at the Maximum Control Complex (MCC) in Westville, Indiana, filed two civil rights actions under 42 U.S.C. § 1983, challenging various policies and conditions ...

  • Malsh v. Hanslmaier
    102 F3d 69
    Luxley George Malsh appeals from Chief Judge McAvoy's dismissal of his petition for a writ of habeas corpus. Malsh claims that the district court erred in failing to review the entire state court tri...

  • United States v. Rucker
    107 F3d 18
    Before: KOZINSKI and LEAVY, Circuit Judges, and SCHWARZER, Senior District Judge. MEMORANDUM Lloyd Myles Rucker appeals his conviction after jury trial on several counts of mail fraud (18 U.S.C. &...

  • United States v. Myers
    102 F3d 227
    Gary Humble, Asst. U.S. Attorney (argued and briefed), Office of the U.S. Attorney, Chattanooga, TN, for Plaintiff-Appellee. Jerry Sanford Sloan (argued and briefed), Chattanooga, TN, for Defendant-...

  • Mosley v. Wilson
    102 F3d 85
    A federal jury was presented with four claims filed by James Mosley against Joseph Wilson, a police officer of East Fallowfield Township, Chester County, Pennsylvania: two claims for violations of Mo...

  • United States v. Riley
    103 F3d 145
    On February 9, 1995, Appellant Richard Anthony Riley ("Riley") was indicted on three counts in the Western District of Oklahoma: Conspiracy to Manufacture Methamphetamine, Distribution of Ephedrine t...

  • United States v. Rios
    103 F3d 145
    Before TACHA, BALDOCK, and BRISCOE, C.J. 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...

  • Ayala v. Speckard
    102 F3d 649
    In our initial opinion in this case, 89 F.3d 91 (with which we assume familiarity), we reversed the district court's denial of Ayala's petition for a writ of habeas corpus and remanded for issuance of...

  • United States v. Watson
    103 F3d 145
    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...

  • United States v. McCroy
    102 F3d 239
    Defendant Billy McCroy appeals the district court's denial of his motion to suppress two pawn shop tickets seized from his wallet while he was being detained for shoplifting two cartons of cigarettes ...

  • Fry v. Duckworth
    105 F3d 660
    James Earl Fry, a pro se litigant, appeals from the district court's denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2254. The district court concluded that Fry procedurally defa...

  • This v. Sound
    104 F3d 356
    This cause came on to be heard on the transcript of record from the National Labor Relations Board and was argued by counsel. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED tha...

  • Steele v. A Farley
    105 F3d 660
    Victor Steele filed a petition for a writ of habeas corpus, 28 U.S.C. § 2254, alleging that he was incompetent to plead guilty to rape and that the state trial court failed to conduct a competenc...

  • Depugh v. Sutton W G
    104 F3d 363
    Robert B. DePugh appeals the District Court's grant of summary judgment to defendants in his civil rights action based on the issuance and execution of a Missouri search warrant. Having reviewed the ...

  • United States Of America v. L Payne
    102 F3d 289
    A jury convicted Terrance L. Payne of cocaine distribution charges. Payne's motions for a new trial and for a judgment of acquittal because of insufficient evidence were denied. Payne appeals his c...

  • Sledd v. Linsday
    102 F3d 282
    Late in the evening of March 31, 1989, several Chicago police officers used a battering ram to break into the home of Andrew Sledd, in the course of executing a search warrant they had obtained the da...

  • United States v. Romualdi
    101 F3d 971
    In United States v. Bierley, 922 F.2d 1061 (3d Cir.1990), we held that a sentencing court has authority to depart downward under the Sentencing Guidelines by analogy to the adjustment for Mitigating R...

  • Nevius v. Sumner
    105 F3d 453
    Thomas Nevius, a Nevada state prisoner under sentence of death, brings three matters before this court. First, he appeals the district court's denial of his motion to file a petition for writ of habe...

  • United States v. S Lewis E
    104 F3d 690
    Appellants Connie S. Lewis, Patsy E. Lewis, and Marion Francis Richey pled guilty to charges arising from a long-standing food stamp fraud scheme. The Lewises' two sons, Jason and Carson, also pled g...

  • Sawyer v. Traughber
    103 F3d 130
    This pro se Tennessee state prisoner appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the cou...

  • Sanders v. Bowersox
    104 F3d 364
    Richard Lee Sanders (Sanders) was convicted of first degree murder, but the Missouri Court of Appeals reversed this conviction. On retrial, Sanders was again convicted and sentenced to life imprisonm...

  • This v. Scott
    104 F3d 357
    Appeal from the United States District Court for the Southern District of New York. APPEARING FOR APPELLANT: Lawrence F. Ruggiero New York, New York APPEARING FOR APPELLEE: Mark A. Godsey, Assi...

  • Frazell v. Ek Flanigan
    102 F3d 877
    Paul H. Frazell brought this action under 42 U.S.C. § 1983, alleging that Illinois State Trooper E.K. Flanigan violated his Fourth Amendment rights in the course of a traffic stop and arrest on J...

  • United States v. Cajina United States
    104 F3d 364
    Danilo and Camilo A. Cajina appeal their drug-related convictions and sentences. They contend the evidence is insufficient to support the jury's verdicts. They also contend the district court miscal...

  • United States v. Araujo
    105 F3d 660
    After a jury trial, Antonio Araujo was convicted of knowingly attempting to possess with the intent to distribute four kilograms of cocaine in violation of 21 U.S.C. § 846. That conviction was r...

  • United States v. Wallace
    102 F3d 346
    Lavell Wallace appeals from a judgment of the district court entered upon a conditional plea of guilty to possession with the intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)...

  • United States v. Daniel
    103 F3d 131
    Willie Don Daniel, a federal prisoner, appeals his conviction and sentence for being a felon in possession of a firearm and ammunition, and for possessing an unregistered sawed-off shotgun. The parti...

  • United States v. Taylor
    102 F3d 767
    On April 6, 1994, defendant Eric Taylor was convicted by a jury of two counts of possession with intent to distribute cocaine base, in violation of various federal statutes, and of one count of using ...

  • United States v. T Wiles
    102 F3d 1043
    Miniscribe was a Colorado-based manufacturer of computer hard disk drives. These criminal appeals arise from its management's fraudulent cover-up of a multimillion dollar inventory overstatement betw...

  • Koopmans v. Farm Credit Services Of Mid America Aca
    102 F3d 874
    Farm Credit Services holds a first mortgage on the Koopmans' farm, securing a loan whose balance hovers near $110,000. The land is worth more, perhaps as much as $215,000, so, although junior liens o...

  • Equal Employment Opportunity Commission Cross v. Texas Instruments Incorporated Cross
    100 F3d 1173
    The Equal Employment Opportunity Commission ("EEOC") appeals the district court's summary judgment to Texas Instruments, Inc. ("TI") on the merits of the EEOC's claims that six manufacturing superviso...

  • United States v. M Johnson A
    103 F3d 131
    Defendants James Johnson and Imam Lewis appeal an order of the district court dismissing, for lack of jurisdiction, their appeal from a magistrate judge's order of pretrial detention. This appeal has...

  • White v. D Hannigan
    103 F3d 145
    This matter is before the court on Petitioner Steven White's application for a certificate of appealability to appeal the district court's denial of his 28 U.S.C. § 2254 petition for writ of habe...

  • United States v. D Dehart
    107 F3d 876
    Appellant Donnie D. DeHart pleaded guilty to violating 21 U.S.C. §§ 841(a)(1), 846 (1994), by conspiring to manufacture and distribute methamphetamine. The only issue in this appeal is whet...

  • United States v. Lin
    101 F3d 760
    On April 13, 1995, appellants Hung Shun Lin ("Lin") and Qui Gao ("Gao") were convicted by a jury of hostage-taking, in violation of 18 U.S.C. § 1203. Lin was also convicted of two counts of usin...

  • Johnson
    101 F3d 792
    Kyle and Leticia Johnson appeal the March 8, 1996 judgment of the United States District Court for the Western District of New York (Elfvin, J.) that granted summary judgment in favor of two arresting...

  • Rogers v. Bearley
    103 F3d 140
    MEMORANDUM We are asked to decide whether a prison disciplinary officer may rely on personal knowledge of a general nature in adjudicating an inmate infraction. Because we find that such reliance do...

  • Yarborough v. P Keane
    101 F3d 894
    Kemp Yarborough appeals from Judge Martin's dismissal of his petition for habeas corpus. During Yarborough's murder trial in New York State Supreme Court, the prosecutor notified the judge in a robin...

  • United States v. A Collins
    104 F3d 143
    Terry A. Collins pled guilty to one count of interstate transportation of stolen property in violation of 18 U.S.C. § 2314 and was sentenced by the district court to 24 months. Collins argues on...

  • United States v. Jobson
    102 F3d 214
    Defendant Eric Jobson appeals his jury conviction for possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1). On appeal, defendant contends (1) that the prosecution's failure ...

  • 2
    104 F3d 355
    ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of said district court be and it hereby is AFFIRMED. Pursuant to a certificate of probable cause issued by the ...

  • United States v. Kral
    105 F3d 663
    James Kral challenges the sufficiency of the evidence to support his conviction for aiding and abetting possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1)...

  • Terry v. Reno
    101 F3d 1412
    In this case, anti-abortion protesters challenge the constitutionality of the Freedom of Access to Clinic Entrances Act. Enacted in 1994, that statute prohibits the use or threat of force or physical...

  • Securities and Exchange Commission v. First Jersey Securities Inc E
    101 F3d 1450
    Defendants First Jersey Securities, Inc. ("First Jersey" or the "Firm"), and Robert E. Brennan appeal from a judgment entered in the United States District Court for the Southern District of New York...

  • Johnson v. Andrews
    103 F3d 144
    This is a pro se habeas corpus case brought under 28 U.S.C. § 2254. Petitioner-Appellant Raymond Herschel Johnson filed a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, a...

  • Betaco Inc v. Cessna Aircraft Company
    103 F3d 1281
    Betaco, Inc. agreed to purchase a six-passenger CitationJet from the Cessna Aircraft Company for $2.495 million. After making deposits totaling $150,000 toward the purchase of the aircraft, Betaco de...

  • United States v. Hope
    102 F3d 114
    Dennis Wayne Hope appeals his convictions for carjacking, robbery, using a firearm during the commission of a crime of violence, and illegally possessing a firearm. At trial he admitted to all charge...

  • United States v. Still
    102 F3d 118
    Byron Still pleaded guilty to six counts in a second superseding indictment. Still appeals his guilty pleas to counts one and two on the ground that the district court failed to advise him of the cor...

  • United States v. Millar
    103 F3d 142
    MEMORANDUM Appellant Dale Ray Millar was charged with one count of armed bank robbery and one count of the use of a firearm during a crime of violence. At trial, the court instructed the jury on the...

  • 3
    104 F3d 356
    ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of said district court be and it hereby is AFFIRMED. Defendant-appellant Courtney Titus appeals a sentence impo...

  • Hunter v. United States C Bailey
    101 F3d 1565
    We heard these cases en banc to decide whether a district court judge is authorized to issue a certificate of appealability pursuant to 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure...

  • Ogilvie v. United States
    519 US 79
    Internal Revenue Code § 104(a)(2), as it read in 1988, excluded from ''gross income,'' the ''amount of any damages received (whether by suit or agreement and whether as lump sums or as peri...

  • Pearson v. C Parke
    105 F3d 660
    Kevin Pearson, a state prisoner, appeals the district court's denial of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. Pearson's petition was based on a claim of ineffective...

  • Raine v. W Nelson Us
    103 F3d 144
    Plaintiff--Appellant Ronald Del Raine ("Del Raine") is serving an aggregate prison term of 209 years in the United States Penitentiary, Leavenworth, Kansas ("USP"). The facts of this case arise from ...

  • United States v. Mendez
    102 F3d 126
    The defendant, John Mendez, appeals from a district court order denying his motion to suppress certain evidence from being introduced at his trial and from a judgment of conviction on a narcotics char...

  • United States v. P Jiles
    102 F3d 278
    This case presents the issue of whether a default judgment entered against a defendant constitutes a "prior sentence" for purposes of assessing criminal history points under the United States Sentenci...

  • Ersek v. Township Of Springfield J J
    102 F3d 79
    William Ersek, a golf professional who suffered employment reverses incident to adverse newspaper reports about an investigation of his stewardship at a Township-owned golf course, brought a federal c...

  • United States v. Bishop
    103 F3d 141
    MEMORANDUM Kim Annon Bishop ("Bishop") pled guilty to conspiracy to possess and distribute methamphetamine and possession of methamphetamine with intent to distribute. The federal sentencing guideli...

  • Opportunity Homes Inc v. National Labor Relations Board
    101 F3d 1515
    Opportunity Homes, Inc. ("OH") petitions for review of an order of the National Labor Relations Board (the "NLRB" or "Board") directing OH to cease and desist from certain unfair labor practices and ...

  • Dixon v. A Chrans
    101 F3d 1228
    Over 9 years ago, on September 23, 1987, Robert Taylor, a unit manager at Illinois' Pontiac Correctional Center, was stabbed to death on a cell block at the prison. The murder was said to be planned ...

  • United States v. Hunter
    103 F3d 121
    Reginald Dwayne Hunter pled guilty to possession of ammunition by a convicted felon, 18 U.S.C. § 922(g)(1) (1994). He was sentenced as an armed career criminal to 216 months imprisonment. Hunte...

  • United States v. Miller
    103 F3d 121
    Lashan Deneice Miller pled guilty to conspiracy to commit credit card fraud, in violation of 18 U.S.C. § 371 (1994). She contends that the district court erred by allowing the Government to resc...

  • United States v. McKie 96 7010 96 7011 M 96 7014
    112 F3d 626
    In this joint appeal, defendants Michael McKie, Guy Henry and Jermaine Hall challenge their convictions on weapons offenses. We will reverse defendants' convictions for unlawful firearm possession un...

  • United States v. Garcia
    103 F3d 121
    Following the district court's denial of his motion to suppress, Defendant Fernando Garcia entered a conditional plea of guilty to a one-count indictment charging him with possession with intent to di...

  • United States v. McAlpine
    103 F3d 145
    ORDER AND JUDGMENT Defendant Johnnie Louis McAlpine pleaded guilty to eight counts of mail fraud, in violation of 18 U.S.C. § 1341, and was sentenced to forty-six months imprisonment and ordered...

  • Howell v. Hn Scott
    103 F3d 144
    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...

  • Zeitvogel v. Bowersox
    103 F3d 54
    Richard Zeitvogel, a Missouri inmate sentenced to death for killing his cellmate, Gary Dew, has applied to us for an order authorizing the district court to consider a second habeas petition. See Ant...

  • Dickerson v. D McClellan L
    101 F3d 1151
    Appellants, Officer Cory D. McClellan and Sergeant Charles L. Stevens (the "officers"), appeal the district court's denial of their motion for summary judgment based on qualified immunity in this 42 U...

  • United States v. Jackson
    103 F3d 121
    Charles Adrian Jackson appeals his convictions for bank robbery, 18 U.S.C. § 2113(a) (1994), armed bank robbery, 18 U.S.C. § 2113(d) (1994), and carrying and using a firearm during and in re...

  • Mosley v. United States
    103 F3d 130
    Arthur L. Mosley, Jr., 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...

  • United States v. Garzon
    103 F3d 142
    Before: WALLACE, SCHROEDER, and ALARCON, Circuit Judges MEMORANDUM Fernando Asi Garzon appeals his conviction of importing methamphetamine in violation of 21 U.S.C. §§ 952(a), 960. The o...

  • United States v. W Childers
    103 F3d 121
    Marion W. Childers pled guilty to conspiring to possess methamphetamine with intent to distribute, 21 U.S.C.A. § 846 (West Supp.1996), and to possessing a firearm while a convicted felon, 18 U.S....

  • Hill v. United States Postal Service
    104 F3d 376
    Wayne P. Hill petitions for review of the February 6, 1996, final decision of the Merit Systems Protection Board (Board), Docket No. BN0752950162-X-1, finding the United States Postal Service (Agency)...

  • This Summary
    104 F3d 356
    ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the order of the district court is hereby AFFIRMED. Defendant-appellant, Roosevelt A. Holmes, appeals from a judgment of con...

  • This v. Corona Diaz
    104 F3d 356
    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 HE...

  • United States v. L Griffin
    105 F3d 660
    Richard L. Griffin was convicted of being a felon in possession of a firearm pursuant to 18 U.S.C. § 922(g)(1). At sentencing, he received a four-level increase under U.S.S.G. § 2K2.1(b)(5)...

  • 3
    104 F3d 355
    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 by counsel. ON CONSIDERATION WHEREOF, IT IS HERE...

  • This v. Cruz
    104 F3d 356
    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 taken on submission. ON CONSIDERATION WHEREOF, IT IS HE...

  • United States v. Tobias
    103 F3d 131
    This federal prisoner, through counsel, appeals his conviction and sentence entered on his plea of guilty to violating 18 U.S.C. § 922(g)(1). The parties have waived oral argument, and this pane...

  • Renzulli v. United States
    105 F3d 660
    On March 29, 1989, William Renzulli pleaded guilty to conspiracy to distribute fifty kilograms of cocaine. Renzulli was one of the most culpable conspirators. He was sentenced on December 7, 1990 to...

  • Funk v. C Parke
    105 F3d 660
    Alva L. Funk was convicted of two counts of intimidation while armed with a deadly weapon, two counts of resisting law enforcement while armed with a deadly weapon, one count of resisting law enforcem...

  • United States v. One Hundred Twenty Thousand Seven Hundred Fifty One Dollars G
    102 F3d 342
    This is a forfeiture action involving $120,751.00 in currency. The district court dismissed the forfeiture action as abated upon the death of the claimant. The government appeals, and we reverse. ...

  • This v. Gentile
    104 F3d 356
    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 by counsel. ON CONSIDERATION WHEREOF, IT IS HEREB...

  • Herrera v. United States
    105 F3d 660
    Petitioner Sergio Herrera pleaded guilty to one count of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. He was sentenced to ten years of imprisonment followed by eight years o...

  • Day v. Jj Clark
    105 F3d 660
    The issue in this habeas corpus case is whether the Bureau of Prisons ("BOP") correctly calculated Day's federal term of imprisonment. The district court found that it did and denied the petition. W...

  • United States v. Bryant
    105 F3d 660
    Ivory Bryant accepted a plea agreement and was convicted on his plea of one count of conspiracy to distribute a controlled substance, 21 U.S.C. § 846, and one count of money laundering, 18 U.S.C....

  • United States v. Dohrmann
    103 F3d 141
    Before: CANBY and FERNANDEZ, Circuit Judges, and JONES, District Judge. MEMORANDUM Defendant/appellant Bernhard Dohrmann appeals his conviction of sixteen counts of criminal contempt for disobeyin...

  • Jones v. George
    105 F3d 660
    Sidney Jones, a state prisoner, appeals the district court's denial of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. The district court found Jones' claims to be either wit...

  • United States v. Deary
    103 F3d 141
    MEMORANDUM After receiving information from informants that Bobby Wayne Deary was dealing cocaine, the CRIPS (Crack Rock Impact Project Sacramento) team began observing his activity. On March 8, 199...

  • This v. Gorczyk
    104 F3d 356
    This cause came on to be heard on the transcript of record from the United States District Court for the District of Vermont and was argued. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED ...

  • This v. Howell
    104 F3d 356
    ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of said district court be and it hereby is AFFIRMED. On November 30, 1986, a jury convicted defendant-appellant...

  • United States v. J Sams
    104 F3d 1407
    This appeal was considered on the record from the United States District Court for the District of Columbia, the briefs filed by the parties, and oral argument held on November 8, 1996. The Court has...

  • Humphreys v. Drug Enforcement Administration
    105 F3d 112
    The Drug Enforcement Administration ("DEA") has moved this court pursuant to Third Circuit Appellate Rule 27.4 to vacate our previously released decision and opinion resolving this appeal, Humphreys v...

  • Babcock v. Rl White G
    102 F3d 267
    John Babcock is living proof of the dangers that prison gangs pose to inmates, and of the logistical nightmare they create for prison administrators. Serving a thirty-five-year sentence at the United...

  • Rodriguez v. De Espana
    104 F3d 348
    This appeal stems from a suit alleging failure to pay proper overtime and other extraordinary compensation in violation of both federal statutes and local law. The plaintiff, Jesus Rafael Rodriguez R...

  • United States v. Garner
    103 F3d 131
    Charles Glenn Garner appeals his conviction under 18 U.S.C. § 922(g), as a felon in possession of a firearm, claiming that the district court lacked jurisdiction and that the evidence presented i...

  • Johnson v. Schneiderheinz
    102 F3d 340
    Charles E. Johnson was arrested for murder in Merrick County, Nebraska. Subsequently, Johnson was released, the charges were dismissed, and another individual was charged with the murder. Johnson br...

  • United States v. E Bradshaw
    102 F3d 204
    Stuart J. Canale, Asst. U.S. Attorney (argued and briefed), Office of the U.S. Attorney, Memphis, TN, for Plaintiff-Appellee. Anthony E. Bradshaw, Leavenworth, KS, pro se. Gerald L. Gulley, Jr. (...

  • United States v. Apker
    101 F3d 75
    A certificate of appealability is not available to the petitioner in this case because petitioner is not asserting the denial of a constitutional right. See Hohn v. United States, 99 F.3d 892 (8th Ci...

  • Taylor v. Cisneros
    102 F3d 1334
    Silas Taylor, Jr., appeals from a final judgment entered on November 29, 1995. In his complaint he sought a judgment declaring that the actions of the appellee, Housing Authority of Bayonne, New Jers...

  • Ambrosini v. Labarraque
    101 F3d 129
    This case appears before this court for the second time after the district court granted summary judgment to appellees, Dr. Jorge Labarraque and the Upjohn Company. Again, we address only the questio...

  • United States v. M Shepherd S
    102 F3d 558
    In these consolidated appeals, appellants Sharon Shepherd and Marvin Binion challenge their convictions by a jury of conspiracy to distribute and possess with intent to distribute fifty or more grams ...

  • Holland v. City Of Portland
    102 F3d 6
    Rory Holland sued the City of Portland, Maine, and two Portland police officers, Sullivan Rizzo and Bruce Coffin, for damages and injunctive relief under 42 U.S.C. § 1983 and Maine tort law for H...

  • United States v. Mosby
    101 F3d 1278
    Ivory Mosby was convicted in the district court for being a felon in possession of ammunition, a violation of 18 U.S.C. § 922(g)(1). Mosby now appeals his conviction, arguing that (1) the seizur...

  • Swofford v. E Detella
    101 F3d 1218
    James Swofford was sentenced to thirty years of imprisonment largely on the strength of the testimony of a five-year-old child, who was three at the time the events testified to transpired. No review...

  • United States v. Goodluck
    103 F3d 145
    Before ANDERSON, McWILLIAMS and WEIS, Circuit Judges. ORDER AND JUDGMENT Defendant pleaded guilty to an indictment charging that he committed arson on an Indian reservation. The district court gra...

  • Moore v. L Johnson
    101 F3d 1069
    In this capital case, the Director of the Texas Department of Criminal Justice, Institutional Division appeals from an order by the district court which reverses the judgment of the state trial court,...

  • Philbin v. Trans Union Corporation
    101 F3d 957
    Plaintiff James R. Philbin, Jr. appeals two orders of the district court, the first dated November 29, 1994, and the second and final order dated December 8, 1995, granting summary judgment in favor o...

  • Tyus v. Urban Search Management
    102 F3d 256
    The New York is an upscale apartment house located on North Lake Shore Drive in Chicago. Believing that the advertisements its owners used to lure potential tenants to The New York were racially disc...

  • Scott v. District Of Columbia
    101 F3d 748
    This is an appeal by the District of Columbia and various members of the Metropolitan Police Department ("MPD") from the denial of a motion for judgment as a matter of law, or in the alternative for a...

  • Finfrock v. D Jordan
    105 F3d 660
    Joseph Finfrock, an Indiana state prisoner, filed a complaint alleging violations of his constitutional rights by D. Bruce Jordan, superintendent of the Indiana State Farm, and by Dr. Reyes, a prison ...

  • Carboni v. J Meldrum Dvm D Dvm Dvm
    103 F3d 116
    Appellant-plaintiff Deborah Ann Carboni appeals from the summary judgment dismissal of her suit under 42 U.S.C. § 1983 against appellee-defendants Dr. J. Blair Meldrum, Dr. Don Waldron, Rene Arms...

  • United States v. Boogades
    103 F3d 120
    Gus John Boogades was convicted of nine counts of wire fraud and seven counts of money laundering in violation of 18 U.S.C. §§ 1343 & 1956(a)(1)(A)(i). Boogades appeals his convictions ...

  • United States v. Kanahele
    103 F3d 142
    MEMORANDUM Defendant-appellants Dennis K. Kanahele and Gordon Ka'aihue appeal from the orders: 1) denying defendants' joint motion to dismiss the indictment with prejudice because retrial would viol...

  • Garnier v. Wood
    103 F3d 138
    MEMORANDUM Henry B. Garnier, a Washington state prisoner, appeals pro se the district court's denial without prejudice of his 28 U.S.C. § 2254 habeas corpus petition challenging his 1993 convict...

  • Allen v. Lewis Adoc F Jc Adoc
    103 F3d 137
    MEMORANDUM Arizona state prisoner Norman Harold Allen appeals pro se the district court's Fed.R.Civ.P. 12(b)(6) dismissal of his action, pursuant to 42 U.S.C. § 1983, alleging prison officials v...

  • United States v. W Osborne
    103 F3d 143
    MEMORANDUM Donald W. Osborne, a federal prisoner, appeals pro se the district court's denial of his motion pursuant to 18 U.S.C. § 3582(c) to reduce the sentence imposed on February 4, 1994 foll...

  • Castillo Chavez v. Immigration and Naturalization Service
    103 F3d 137
    Petition to Review a Decision of the Immigration and Naturalization Service, No. Aod-jdi-xaz. REVIEW DENIED. Before: CANBY and FERNANDEZ, Circuit Judges and JONES, District Judge. MEMORANDUM C...

  • Young v. United States
    103 F3d 134
    Allen Young appeals the district court's denial of his motion to vacate, set aside or correct the sentence filed pursuant to 28 U.S.C. § 2255. Young asserted numerous claims in the district cour...

  • United States v. Harrig
    103 F3d 142
    MEMORANDUM Federal prisoner Robert Michael Harrig appeals pro se the district court's denial of his second 28 U.S.C. § 2255 motion to vacate, set aside or correct his sentence under the Sentenci...

  • Gunn v. A Hanks
    103 F3d 133
    Commodore Gunn and a fellow inmate at the Indiana State Prison were cited for fighting, a violation of the Adult Disciplinary Policy Procedures. Gunn received a copy of the report and was notified of...

  • United States v. Uba
    103 F3d 143
    MEMORANDUM Federal prisoner Benjamin Ifeanyi Uba appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his conviction and sentence. Uba contends that: (1) the dis...

  • Johnson v. D Gilmore
    103 F3d 133
    Jasper Johnson filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court denied the petition, and Johnson appealed. On August 2, 1974, Johnson was convicted of mu...

  • Somers v. United States
    103 F3d 133
    In November, 1989, Timothy Somers was convicted by a jury of one count of conspiracy to distribute and possess with intent to distribute cocaine in an amount greater than 500 grams in violation of 21 ...

  • Pearson v. W Helman
    103 F3d 133
    In 1992, Michael Pearson pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). While serving his eighty-four month sentence, Pearson completed a prison d...

  • United States v. Sterling
    103 F3d 131
    Hyland Steve Sterling pleaded guilty to bank robbery, a violation of 18 U.S.C. §§ 2 and 2113(a). On January 12, 1996, he was sentenced to serve 72 months of imprisonment and two years of su...

  • Durham v. Roberts L
    103 F3d 138
    Before: FLETCHER and FERGUSON, Circuit Judges, and KING, District Judge. MEMORANDUM David R. Durham and Richard E. Phelps, inmates at the Oregon State Correctional Institution ("OSCI") in Salem, O...

  • Lyons v. Steffen
    103 F3d 139
    MEMORANDUM Harold Travis Lyons, a Nevada state prisoner, appeals pro se the district court's dismissal of Lyons' 42 U.S.C. § 1983 action against various justices of the Nevada Supreme Court alle...

  • Pantoja Dona v. Immigration and Naturalization Service
    103 F3d 140
    MEMORANDUM Oscar Armando Pantoja-Dona petitions to review a final order of deportation by the Board of Immigration Appeals ("BIA"). Pantoja-Dona also petitions to review the Board's order denying th...

  • United States v. Meier
    103 F3d 142
    MEMORANDUM Federal prisoner Leon Paul Meier appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. We review de novo a district court's decision on a § 2255 motion. Sa...

  • United States v. A Hamlin
    103 F3d 142
    Before: WIGGINS and TROTT, Circuit Judges, VANCE, District Judge. MEMORANDUM Duane Hamlin ("Defendant") appeals his sentence following his guilty plea to one count of aggravated sexual assault of ...

  • United States v. Guerrero
    103 F3d 142
    MEMORANDUM Carlos Palomino Guerrero appeals his jury conviction and the sentence imposed under the Sentencing Guidelines for possession with intent to distribute marijuana and methamphetamine in viol...

  • United States v. Mathisen
    103 F3d 142
    MEMORANDUM Federal prisoner Carl W. Mathisen appeals pro se the district court's denial of his motion to direct the United States Probation Officer to prepare a revised presentence report (PSR) which...

  • United States v. Harvey
    103 F3d 142
    MEMORANDUM Terry Harvey, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his 200-month sentence. Harvey was convicted after pleading guil...

  • United States v. Clark
    103 F3d 141
    MEMORANDUM Lavern Clark appeals her 37-month sentence imposed following her guilty plea to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). Clark contends tha...

  • United States v. Torres
    103 F3d 143
    MEMORANDUM Frank Torres appeals the district judge's refusal to adjust downward under Sentencing Guideline § 3B1.2 for his role in the offense. We affirm the district court. Frank Torres was ...

  • United States v. Amarel
    103 F3d 141
    Before: WIGGINS, TROTT, Circuit Judges, VANCE, District Judge. MEMORANDUM Melvin Anthony Amarel pleaded guilty to one count of conversion of government property, 15 U.S.C. § 714m(c), and one ...

  • United States v. Franklin
    103 F3d 141
    MEMORANDUM Federal prisoner Lewis Edward Franklin appeals pro se the district court's denial of his third 21 U.S.C. § 2255 motion to vacate his conviction and sentence for possession with intent...

  • United States v. Fox
    103 F3d 141
    MEMORANDUM James Stanley Fox, a federal prisoner, appeals pro se the district court's order denying Fox's second motion pursuant to 28 U.S.C. § 2255 to reduce his sentence imposed following his ...

  • United States v. Breen
    103 F3d 141
    MEMORANDUM David Breen appeals the district court's denial of his motion for resentencing under the Sentencing Guidelines for his guilty plea conviction of conspiring to manufacture marijuana. Breen...

  • United States v. Chow
    103 F3d 141
    MEMORANDUM Federal prisoner David Chow appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Chow contends that the district court erred when it determined that he could no...

  • Vallesteros v. Immigration and Naturalization Service
    103 F3d 143
    MEMORANDUM Macario Medrano Vallesteros petitions us to review the decision of the Board of Immigration Appeals (Board) denying him suspension of deportation under 8 U.S.C. § 1254(a), voluntary d...

  • United States v. Green
    103 F3d 121
    Clinton Green appeals from his conviction of possession with intent to distribute crack cocaine, 21 U.S.C. § 841(a)(1) (1994). Green claims that the district court erred by refusing to suppress ...

  • United States v. Jenkins
    103 F3d 121
    Jeffrey Jenkins, a Lorton prison inmate, appeals his convictions of assault by striking, beating or wounding, and assault resulting in serious bodily injury. We affirm. Jenkins first contends that ...

  • United States v. M Curtin
    104 F3d 364
    Timothy M. Curtin appeals the 78-month sentence imposed by the district court after he pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and knowi...

  • United States v. H Mitchell
    103 F3d 121
    Leonard H. Mitchell was convicted of possessing a firearm while being a convicted felon, 18 U.S.C.A. § 922(g)(1) (West Supp.1996), and was sentenced as an armed career offender. 18 U.S.C.A. ...

  • United States v. Williams
    104 F3d 364
    A jury found Andrew Ross Williams guilty of possessing a motor vehicle, with intent to sell or otherwise dispose of it, knowing that the vehicle identification number (VIN) had been tampered with or a...

  • 2
    103 F3d 121
    Michael Anthony Hall appeals his conviction for bank fraud in violation of 18 U.S.C. § 1344 (1994). Hall claims he was denied effective assistance of counsel in that he felt pressured by his att...

  • United States v. Johnson
    103 F3d 121
    Kevin Rodell Johnson was convicted by a jury of conspiracy to possess with intent to distribute and to distribute more than 50 grams of crack cocaine within the Eastern District of Virginia, 21 U.S.C....

  • United States v. Bullock
    103 F3d 121
    Larry Randall Bullock appeals from a district court order denying his Fed.R.Crim.P. 35(b) motion for reduction of his sentence. We dismiss the appeal. It is uncontested that Bullock's initial sente...

  • Vasquez v. Misel L Kr F G Vasquez
    103 F3d 145
    ORDR 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. Crum
    103 F3d 121
    Joseph Crum appeals his convictions for conspiracy to distribute powder and crack cocaine and possession of cocaine with intent to distribute. Finding no reversible error, we affirm. Testimony at t...

  • Lopkoff v. Slater
    103 F3d 144
    Before BALDOCK and BRISCOE, Circuit Judges, and LUNGSTRUM, District Judge. ORDER AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously that oral argume...

  • United States v. W Samuel
    103 F3d 122
    Appellant Darrell W. Samuel entered a guilty plea pursuant to a plea agreement to conspiracy to possess with intent to distribute cocaine and cocaine base ("crack") in violation of 21 U.S.C. §&#x...

  • United States v. Christal
    104 F3d 364
    William Ray Christal appeals the 78-month sentence imposed by the district court after he pleaded guilty to possessing methamphetamine with intent to distribute. Through counsel, Christal contends th...

  • United States v. Mac Jobe
    101 F3d 1046
    The court herewith substitutes the following opinion for its previous opinion, 77 F.3d 1461 and opinion on rehearing, 90 F. 3d 920: Appellants Billie Mac Jobe ("Billie Mac"), Stanley Pruet Jobe ("Sta...

  • United States v. Durant
    103 F3d 141
    MEMORANDUM The defendants-appellants Durant, Ramirez, and Cardona-Hernandez pleaded guilty to a conspiracy to possess with intent to distribute and to distribute cocaine, in violation of 21 U.S.C. &#...

  • Larson v. Wood
    103 F3d 139
    MEMORANDUM Washington state prisoner Charles Dale Larson appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. Larson contends that: (1) the police did ...

  • United States v. E Cook
    102 F3d 249
    While employed by Wisconsin Armored Transport, Robert Cook hijacked an armored car containing some $260,000 bound for a federally-insured bank. He parked some of the proceeds in a Cayman Islands bank...

  • Marr v. Wright
    103 F3d 139
    MEMORANDUM Washington state prisoner Floyd William Marr appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition. Marr contends that: 1) he was sentenced in violation of the...

  • Todd v. National Transportation Safety Board
    103 F3d 140
    MEMORANDUM We need not reach the question of whether the exclusionary rule applies in this civil context. Assuming (without deciding whether there was a basis for the allegation of illegal search) t...

  • United States v. A Curry
    103 F3d 121
    Derrick Curry was convicted of possession, distribution, and conspiracy to distribute crack cocaine in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1) and 846. Curry appeals argu...

  • United States v. Lutz
    103 F3d 142
    MEMORANDUM Robert Lutz, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Lutz was convicted of conspiracy to possess a controlled substance with in...

  • United States v. Smith Iii
    106 F3d 350
    Harry Leon Smith appeals his sentence for executing a scheme and artifice to defraud, and obtaining monies and funds by means of false and fraudulent pretenses, representations, and promises, in viola...

  • United States v. Garcia Barrios
    103 F3d 142
    MEMORANDUM Martin Garcia-Barrios appeals the nine-month sentence imposed upon his guilty plea conviction for possession with intent to distribute marijuana in violation of 18 U.S.C. § 2113(a). ...

  • In Re John Mills Jr
    101 F3d 1369
    Pursuant to 28 U.S.C. §§ 2254 and 2244, as amended by §§ 104 and 106 of the Antiterrorism and Effective Death Penalty Act of 1996, John Mills, Jr. has applied for an order authoriz...

  • United States v. Gray
    103 F3d 142
    MEMORANDUM Barry Addison Gray appeals his sentence following his conviction by guilty plea to armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d). Gray contends that the district co...

  • United States Of America v. Fykes
    103 F3d 145
    Defendant-Appellant Michael Fykes appeals the district court's dismissal of his petition to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. The district court dismissed t...

  • Paul Preseault v. United States
    100 F3d 1525
    In this Takings case, the United States denies liability under the Fifth Amendment of the Constitution for actions it took pursuant to the Federal legislation known as the Rails-to-Trails Act. The ori...

  • United States v. Allred
    103 F3d 120
    A jury convicted Jimmy Lee Allred of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(e) (1994). He appeals his conviction, contending that the district ...

  • Vaughn v. Pl Kernan Dk Mh Dh
    103 F3d 143
    MEMORANDUM Howard Lee Vaughn, Jr., a California state prisoner, appeals pro se the district court's summary judgment in favor of defendant prison officials in Vaughn's 42 U.S.C. § 1983 action. ...

  • United States v. K Jolly
    102 F3d 46
    K. Douglas Jolly appeals from a sentence imposed by Chief Judge McAvoy after Jolly pleaded guilty to mail fraud. Jolly was a corporate president and principal who procured loans to the corporation th...

  • United States v. Lor
    103 F3d 142
    MEMORANDUM Huot Seng Lor appeals pro se the district courts' denial of his 28 U.S.C. § 2255 motion. Lor contends that: 1) the restitution amount imposed at sentencing is erroneous; 2) counsel...

  • United States v. N Keith
    103 F3d 142
    MEMORANDUM Tommie Keith burned down his video store and submitted an inflated insurance claim for his loss. A jury convicted him of four counts: (1) arson to commit a felony, 18 U.S.C. § 844(h...

  • United States v. Montes
    103 F3d 142
    MEMORANDUM Defendants Victor Reyna Montes, Martin Olivares-Sevilla, and Alfredo Cortes-Loeza entered a conditional plea of guilty to: (1) conspiring to transport undocumented aliens in violation of ...

  • United States v. Mays
    103 F3d 142
    MEMORANDUM Mays appeals the district court's denial of his second 28 U.S.C. § 2255 motion. We affirm. The basis of Mays' claim of error on the entrapment instruction does not differ in kind f...

  • Williams v. White
    103 F3d 143
    MEMORANDUM Clayton Williams, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. Williams contends that the trial court vi...

  • United States v. Omectin
    103 F3d 143
    MEMORANDUM JoAnn Omectin, a federal prisoner, appeals pro se the district court's denial of her 28 U.S.C. § 2255 motion. Omectin contends that: (1) the district court erred by refusing to gran...

  • United States v. Stout
    103 F3d 143
    MEMORANDUM Federal prisoner George Royal Stout appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his 1990 guilty plea conviction for methamphetamine manufactu...

  • United States v. Sanchez De Toscano
    103 F3d 143
    MEMORANDUM Felicitas Sanchez-De Toscano appeals her sentence under the Sentencing Guidelines for her guilty plea conviction to transportation of illegal aliens in violation of 8 U.S.C. § 1324(a)...

  • Vasquez v. United States
    103 F3d 132
    Tom Vasquez, a 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. The parties have waived oral argume...

  • United States v. A Pointer
    103 F3d 131
    Gene A. Pointer 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 panel u...

  • United States v. Hayes
    103 F3d 131
    Nathan Anthony Hayes 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 pa...

  • United States v. L Martinez
    103 F3d 142
    MEMORANDUM Victor Martinez appeals his conviction by guilty plea for firearm possession by a felon in violation of 18 U.S.C. § 922(g)(1), and possession of unauthorized access devices in violati...

  • Reeder v. Baker
    103 F3d 130
    Michael Reeder, a pro se Ohio prisoner, appeals a district court judgment dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. This case has been referred to a...

  • Jr Wilkerson v. T Peete P E Jr
    103 F3d 143
    MEMORANDUM J.R. Wilkerson appeals pro se the district court's grant of summary judgment in favor of defendant prison officials in his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S....

  • Van Ourkerk v. Ce Floyd
    103 F3d 143
    MEMORANDUM Calvin Fred Van Ourkerk, a federal prisoner sentenced under pre-Sentencing Guidelines law, appeals pro se the denial of his 28 U.S.C. § 2241 habeas corpus petition challenging the dec...

  • United States v. Ono
    103 F3d 143
    MEMORANDUM Paul Masaru Ono, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Ono was convicted of numerous offenses stemming from his participation...

  • Prince v. United States
    103 F3d 130
    Guy Leonard Prince, a 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. The parties have waived oral...

  • Precon Corporation v. G and B Environmental Incorporated
    103 F3d 119
    This appeal involves a contract dispute between appellant, G & B Environmental, Inc. (G & B), a Delaware corporation, and appellees, Precon Corporation (Precon) and Alliance Contracting, Inc....

  • Chancler v. Jackson County
    103 F3d 137
    MEMORANDUM Dennis Chancler appeals the district court's summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that defendants terminated his work-release privileges without a h...

  • Hirano v. Young
    103 F3d 138
    MEMORANDUM Douglas Hirano, a Hawaii state prisoner, appeals pro se the district court's grant of summary judgment in favor of the defendants in his 42 U.S.C. § 1983 action. Hirano alleges that ...

  • United States v. Adkins
    102 F3d 111
    The defendant appeals from the sentences imposed by the district court for his convictions of re-entry into the United States without the consent of the Attorney General, having previously been deport...

  • United States v. Ortiz Lizola
    103 F3d 143
    MEMORANDUM Defendant Nicolas Ortiz-Lizola appeals the district court's denial of his motion to withdraw his guilty plea and the district court's decision not to award a minor participant sentence red...

  • United States v. Davis
    103 F3d 145
    The district court did not abuse its discretion in denying Ms. Davis's motion as successive. Therefore, the judgment of the district court is AFFIRMED. The mandate shall issue forthwith. ...

  • Donaldson v. K Russell
    103 F3d 129
    Robert Donaldson appeals a district court judgment dismissing 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 ...

  • Davey v. Stegall
    103 F3d 129
    Dennis Davey, proceeding pro se, appeals a district court's order denying his petition for a writ of habeas corpus which he filed under 28 U.S.C. § 2254. This case has been referred to a panel o...

  • Hellenic American Neighborhood Action Committee v. City Of New York
    101 F3d 877
    Under the New York City Charter, a bidder for a City contract must clear two hurdles. First, the bid must be "the most advantageous to the city," taking into consideration a variety of factors, inclu...

  • Munizza v. State Farm Mutual Automobile Insurance Company
    103 F3d 139
    Before: BRUNETTI and O'SCANNLAIN, Circuit Judges, and WILLIAMS, District Judge. MEMORANDUM Appellant Steven Munizza appeals the district court's grant of summary judgment in favor of his former em...

  • United States v. Miller
    103 F3d 142
    MEMORANDUM Emmitt Gene Miller, Sr. appeals pro se his 121-month sentence imposed following this court's remand for resentencing. Miller was convicted of conspiracy to distribute cocaine in violation...

  • United States v. Hardy
    101 F3d 1210
    Hiding a 7-inch knife, Connell Hardy walked into the Dirksen Federal Building in Chicago, Illinois, in the summer of 1994. He stepped through the metal detectors undetected and proceeded to the 19th ...

  • Krastev v. Immigration and Naturalization Service
    101 F3d 1213
    Petitioner Vassil Krastev ("Krastev") seeks review of the affirmance by the Board of Immigration Appeals ("BIA") of the decision of an Immigration Judge ("IJ") denying Krastev's request for political ...

  • United States v. E Windom
    103 F3d 523
    Stephen J. Liccione (submitted on briefs), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee. John A. Birdsall, Gonzalez, Saggio, Birdsall & Harlan, Milwaukee, WI, for ...

  • Esses Esses v. Hanania
    101 F3d 873
    This proceeding arises from a familial dispute ultimately concerning the distribution of the estate of Rafoul Esses ("Rafoul"), a resident of Hong Kong, who died intestate in March 1994. David Esses ...

  • Cissell Manufacturing Company v. United States Department Of Labor
    101 F3d 1132
    In this action seeking review of a final administrative determination that an employer engaged in discrimination in violation of a federal contract, brought under the Administrative Procedure Act ("AP...

  • Taylor v. State Of Rhode Island
    101 F3d 780
    The Rhode Island Department of Corrections ("Department") appeals from a district court judgment declaring ultra vires and unconstitutional the Department's application of a Rhode Island statute which...

  • Kolster v. Immigration and Naturalization Service
    101 F3d 785
    This case requires us to determine whether section 440(a) of the Antiterrorism and Effective Death Penalty Act (AEDPA), enacted after this petition was filed, applies here. Alfredo Kolster, an alien ...

  • Devin v. E
    101 F3d 1206
    Petitioner James Devin was convicted of murdering a fellow inmate while incarcerated in the DuPage County Jail. During his trial, the jury was permitted to view the area of the prison where the crime...

  • United States v. McHan
    101 F3d 1027
    After pleading guilty in 1988 to conspiring to distribute marijuana, Charles William McHan was convicted again in 1992 of participating in another marijuana distribution conspiracy, operating a contin...

  • Martin v. United States
    109 F3d 1177
    This is Humberto Martin's third visit to this court. Four years ago, we affirmed his conviction for cocaine offenses. 964 F.2d 714 (7th Cir.1992). Two years ago, Martin filed in the district court ...

  • Collins
    110 F3d 1363
    Four hundred to five hundred people were arrested in San Francisco on the evening of May 1, 1992, two days after the announcement of the jury verdicts in the state criminal trial of the Los Angeles po...

  • Chalmers v. Tulon Company Of Richmond
    101 F3d 1012
    As repoint supervisor, Chalmers was the only management-level employee working regularly at the Richmond center. J.A. 43. Chalmers' immediate supervisor, Richard C. LaMantia, was in charge of sales ...

  • Collins
    102 F3d 406
    Four hundred to five hundred people were arrested in San Francisco on the evening of May 1, 1992, two days after the announcement of the jury verdicts in the state criminal trial of the Los Angeles po...

  • This v. Mitchell
    104 F3d 355
    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 taken on submission. ON CONSIDERATION WHEREOF, IT IS HE...

  • United States v. E Young
    104 F3d 1407
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs and oral arguments of counsel. After full review of the case, the court i...

  • Lumpkin v. Wilkinson
    103 F3d 130
    Jesse Lumpkin (aka Jesse Lumpkins), a pro se Ohio prisoner, appeals a district court judgment dismissing his civil rights suit filed pursuant to 42 U.S.C. § 1983. This case has been referred to ...

  • United States v. C Ciak
    102 F3d 38
    In an earlier action before this Court regarding the same set of events, we granted the defendant, Scott C. Ciak's, petition for habeas corpus and vacated his conviction for possession of a firearm as...

  • United States v. Williams
    103 F3d 122
    Floyd Robert Williams pled guilty to distributing crack cocaine, 21 U.S.C.A. § 841 (West 1981 & Supp.1996). He was sentenced to a term of 83 months imprisonment and three years supervised re...

  • Martin v. United States
    103 F3d 133
    This is Humberto Martin's third visit to this court. Four years ago, we affirmed his conviction for cocaine offenses. 964 F.2d 714 (7th Cir.1992). Two years ago, Martin filed in the district court ...

  • United States v. Lombard
    102 F3d 1
    This court earlier upheld the convictions of defendant Henry Lombard; but the court vacated the life sentence imposed on one of the counts and remanded for resentencing, holding that the district cou...

  • Abdul Wadood v. Macmillillan
    103 F3d 133
    Plaintiffs brought this suit pursuant to 42 U.S.C. § 1983 challenging the state prison's vested month system used to calculate good time credit and release dates, arguing that the system violates...

  • Armstrong v. Randolph
    103 F3d 133
    James Armstrong brought the present suit under 42 U.S.C. § 1983 alleging that various officers and employees at the Vandalia and Logan Correctional Centers violated his due process, Fourth Amendm...

  • United States v. Brown
    101 F3d 1272
    Jimmy Brown was convicted of two drug-related charges. In this direct appeal, Brown challenges the district court's denial of his motions to suppress a statement made at the time of his arrest and ev...

  • Miller v. Parole Board Case Worker
    103 F3d 118
    Appellant seeks to appeal from the district court's order dismissing without prejudice his petition filed pursuant to 28 U.S.C. § 2254 (1994), amended by Antiterrorism and Effective Death Penalty...

  • 2
    104 F3d 356
    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 by counsel. ON CONSIDERATION WHEREOF, IT IS HERE...

  • Riselay v. United States
    103 F3d 130
    Michael Riselay, a federal prisoner, appeals a district court order and judgment denying his motion to vacate, set aside, or correct his sentence, filed under 28 U.S.C. § 2255. The parties have ...

  • United States v. Farmer
    103 F3d 131
    Defendant-appellant, Thomas Farmer, appeals his conviction and sentence for possession with intent to distribute cocaine base in violation of 18 U.S.C. § 841. For the following reasons, we affir...

  • Merritt v. Bureau Of Prisons
    104 F3d 1407
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs and argument of counsel. The court is satisfied that appropriate disposit...

  • Holman v. Page
    102 F3d 872
    On consideration of the petition for rehearing and suggestion for rehearing en banc filed by the petitioner-appellant on September 10, 1996, and the answer of the respondent-appellee, a vote of the ac...

  • United States v. L Brooks
    101 F3d 680
    Norman L. Brooks appeals from his sentence on the sole ground that the district court, in fashioning the restitution order, did not take adequate account of his ability to pay. Brooks concedes that h...

  • United States v. B Randolph
    101 F3d 607
    The government appeals sixty-month sentences imposed upon Ronnell B. Randolph and Willie Mitchell after they were convicted of cocaine distribution offenses. Concluding that the district court did no...

  • McMillian v. We Johnson
    101 F3d 1363
    The opinion reported at 88 F.3d 1554 (11th Cir.1996), is amended by substituting the following for section "F" under part IV of the opinion, pages 1571-73. F. Tate's Sovereign Immunity From State L...

  • United States v. Caslavka
    104 F3d 364
    Lon Michael Caslavka pleaded guilty to income tax evasion in violation of 26 U.S.C. § 2601, and making a false statement to a federally-insured financial institution in violation of 18 U.S.C. &#x...

  • United States v. Nale
    101 F3d 1000
    A Grand Jury returned a four count indictment against Scott Nale for 1) carjacking, in violation of 18 U.S.C. § 2119; 2) using and carrying a firearm in connection with the carjacking offense in...

  • United States v. Jarrell
    103 F3d 121
    Defendant Jarrell was charged in a seven count indictment of attempting to conceal repeated discharges of fecal coliform pollutants into the public waters, thereby polluting adjacent residential neigh...

  • Brown v. McGinnis
    103 F3d 128
    Michael Brown, a Michigan prisoner proceeding pro se, appeals a district court's grant of summary judgment for defendant McGinnis in this civil rights action filed under 42 U.S.C. § 1983. This c...

  • Jihad v. E Gunn
    103 F3d 118
    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...

  • United States v. Littleton
    103 F3d 131
    Before: NELSON and NORRIS, Circuit Judges; COHN, District Judge. COHN, District Judge. This is a sentencing appeal. Defendant-appellant Joe Mitchell Littleton (Littleton) pled guilty to sixteen...

  • Hairston v. Pacific Conference
    101 F3d 1315
    Plaintiffs-appellants Russell Hairston, Frank Garcia, Jovan McCoy and Kyle Roberts appeal the district court's order granting summary judgment in favor of defendant-appellee, the Pacific-10 Conference...

  • David v. City and County Of Denver
    101 F3d 1344
    Denver Police Officer Dorothy Monica David appeals the district court's judgment in favor of the City and County of Denver, Mayor Wellington Webb, former Manager of Safety Manuel Martinez, former Chie...

  • Pigg v. Hanks
    103 F3d 133
    Petitioner Steve Pigg, an Indiana state prisoner, pleaded guilty pursuant to a plea agreement to the shooting murders of 17-year-old Jason Brown and 23-year-old Nanette Scott, and was convicted of tho...

  • Winkler v. Eli Lilly and Co
    101 F3d 1196
    This is a case about attempts to discover the terms of a secret agreement. The Winkler family and James Mahoney are suing the defendant pharmaceutical company Eli Lilly & Co. for injuries alleged...

  • Stehney v. J Perry J M
    101 F3d 925
    The National Security Agency revoked Ann Stehney's security clearance after she refused to submit to a polygraph examination. As a result, the Institute for Defense Analyses terminated her employment...

  • Weyant v. S Okst S
    101 F3d 845
    Plaintiffs Larry Weyant ("Larry") and Charles Weyant ("Charles") appeal from so much of a final judgment of the United States District Court for the Southern District of New York, Charles L. Brieant, ...

  • United States v. Ekinci
    101 F3d 838
    Defendant appeals from a judgment of the United States District Court for the Eastern District of New York (Sterling Johnson Jr., Judge ) following a jury trial in which he was convicted of violating ...

  • United States v. E Wyatt
    102 F3d 241
    A jury convicted Michael Wyatt for being a felon in possession of firearms in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). He was subsequently sentenced to 120 months' imprisonment. ...

  • McDonald v. Bowersox
    101 F3d 588
    Samuel Lee McDonald, a death row inmate in Missouri state prison, was convicted and sentenced to death by a jury on February 24, 1982, for the May 16, 1981 shooting of an off-duty police officer. Aft...

  • Boling v. Romer Doc
    101 F3d 1336
    Plaintiff Jason Aaron Boling appeals from the district court's order granting summary judgment against him on his 42 U.S.C. §§ 1983, 1985, and 1988 claims. Plaintiff challenged the constitu...

  • Amarel
    102 F3d 1494
    This appeal arose out of a complex, lengthy, and bitterly contested antitrust suit. Plaintiffs-appellants, independent California rice farmers, appeal the district court's March 1994 judgment for def...

  • Abdul Wadood v. Huckins
    103 F3d 133
    Plaintiff Lokmar Y. Abdul-Wadood, an Indiana prisoner, has exhausted the three "strikes" allowed by the Prison Litigation Reform Act, Pub.L. 104-134, 110 Stat. 1321 (Apr. 26, 1996) ("PLRA"). However,...

  • United States v. Jones
    101 F3d 1263
    In an alley in St. Paul, Minnesota, at three o'clock in the morning on June 24, 1990, witnesses discovered the burning, dead body of twenty-six-year-old Duon Walker. Duon was a cocaine dealer from Lo...

  • United States v. Black Cloud
    101 F3d 1258
    Elmer Black Cloud appeals his convictions for sexual abuse of a minor and incest in violation of 18 U.S.C. §§ 1153, 2243(a), and South Dakota Codified Laws § 22-22-1(6). Black Cloud ar...

  • United States v. L Glover
    101 F3d 1183
    At the close of his second jury trial, Paul L. Glover, formerly the Vice-President and General Counsel of the Chicago Truck Drivers, Helpers and Warehouse Workers Union (Independent) (CTDU or the Unio...

  • Russell v. United States
    103 F3d 130
    Before: KENNEDY and BATCHELDER, Circuit Judges; EDGAR, District Judge. Christopher Russell, proceeding pro se, appeals a district court judgment denying his motion to vacate sentence filed pursuan...

  • Oguguo v. United States
    103 F3d 130
    Isaac Oguguo 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(a), Ru...

  • United States v. G Stansfield
    101 F3d 909
    Merritt G. Stansfield appeals from a judgment rendered after a jury trial convicting him of three counts of mail fraud in violation of 18 U.S.C. § 1341, two counts of engaging in unlawful monetar...

  • Sanford v. United States
    103 F3d 130
    Eugene Sanford, a federal prisoner proceeding pro se, appeals a district court order denying his motion for relief from judgment, filed pursuant to Fed.R.Civ.P. 60(b). This case has been referred to ...

  • United States v. L Oates United States
    105 F3d 663
    Rebecca L. Oates pleaded guilty to illegally possessing food stamps and conspiring to distribute cocaine base, in violation of 7 U.S.C. § 2024(b) and 21 U.S.C. § 846, and was sentenced to co...

  • Mathis v. Ziegler
    103 F3d 130
    Terry Lee Mathis appeals a district court order dismissing his civil rights complaint filed pursuant to 42 U.S.C. § 1983. The case has been referred to a panel of the court pursuant to Rule 9(a)...

  • United States v. M Burke
    101 F3d 680
    In 1991, defendant Douglas Burke was convicted in federal court on counterfeiting charges and later sentenced to 28 months in prison and three years of supervised release. In 1995, while on supervise...

  • United States v. Cole
    101 F3d 680
    We have carefully reviewed the record in this case, including the briefs of the parties. We find that the evidence presented was clearly sufficient for a rational jury to have found Cole guilty, beyo...

  • Nordgren v. Burlington Northern Railroad Company
    101 F3d 1246
    This is an interlocutory appeal pursuant to 28 U.S.C. § 1292(b) from an order denying the Burlington Northern Railroad Company's (BN) motion to amend its answer to assert a state-law counterclaim...

  • United States v. R Hall
    101 F3d 1174
    Pursuant to a plea agreement, Defendant Hall pled guilty to one count of conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. The charge resulted from Ha...

  • Nmc Finishing v. National Labor Relations Board
    101 F3d 528
    In this case, we decide whether an employer must reinstate a striking employee who is guilty of obscene, abusive and offensive picket line conduct directed at a non-striking fellow employee. The Nati...

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