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  • United States v. H Abernathy
    83 F3d 17
    James H. Abernathy, driving a Massachusetts registered car in Providence, Rhode Island, was stopped by two policemen, one of whom, when he peered into defendant's vehicle, observed the butt of a .45 c...

  • This v. Williams
    101 F3d 683
    APPEARING FOR APPELLANTS: John Burke, Brooklyn, New York, for Craig Williams. Joyce David, Brooklyn, New York, for Darryl Board. Fern H. Schwaber, New York, New York, for Idris Cox. David G. Se...

  • This v. Senkowski
    101 F3d 683
    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...

  • 5
    101 F3d 683
    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...

  • 7
    101 F3d 683
    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...

  • 8
    101 F3d 683
    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 HER...

  • This v. Chapman
    101 F3d 683
    Defendant-appellant William Chapman appeals from the July 10, 1995, judgment of the District Court, following his guilty plea, convicting him of conspiracy to possess with intent to distribute, and to...

  • United States v. Chamberlain
    88 F3d 1279
    This cause came to be heard on the appeal from the District Court and was briefed and argued by counsel. The issues have been accorded full consideration by the court and occasion no need for a publ...

  • Armstrong v. McGinnis
    89 F3d 838
    James Armstrong, a state prisoner acting pro se, sued a variety of prison officials under 42 U.S.C. § 1983. He alleged that they denied him procedural due process in eight separate prison disci...

  • United States v. J Gaudet
    81 F3d 585
    Stanley Gaudet appeals the denial of his motion under 28 U.S.C. § 2255 for vacatur of his conviction and sentence. He argues that the court that convicted and sentenced him lacked jurisdiction ...

  • Mullins v. Arms
    89 F3d 834
    Before: SILER and COLE, Circuit Judges, and BELL, District Judge. This Tennessee state prisoner appeals pro se the summary judgment for the defendants in this civil rights action filed pursuant to ...

  • United States v. Chin
    83 F3d 83
    Larry Chin ("Chin"), defendant-appellant, has appealed his conviction for the distribution of heroin and other drug-related crimes. For the following reasons, we, with one exception, have concluded ...

  • 4
    101 F3d 683
    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 HER...

  • This v. United
    101 F3d 683
    This cause came on to be heard on the transcript of record from the United States District Court for the Eastern District of New York and was submitted. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERE...

  • Lucien v. T Balmer
    85 F3d 631
    Rudolph Lucien, an Illinois state prisoner, filed a civil rights action pursuant to 42 U.S.C. § 1983 alleging due process violations under Wolff v. McDonnell, 418 U.S. 539, 563-67 (1974), in conn...

  • Ferguson v. Federal Bureau Of Investigation
    83 F3d 41
    The background and lengthy procedural history of this case are discussed in past opinions of this Court and of the District Court for the Southern District of New York. See 957 F.2d 1059 (2d Cir.199...

  • United States v. Kay
    83 F3d 98
    Patricia Ann Kay appeals her sentence after pleading guilty to bank fraud under 18 U.S.C. § 1344. Concluding that the trial court's upward departure did not result from an erroneous application...

  • United States v. Segura Del Real
    83 F3d 275
    Jose Manuel Segura-Del Real pleaded guilty to a one-count indictment for illegal reentry by an alien after deportation subsequent to conviction in violation of 8 U.S.C. § 1326(b)(1). The distri...

  • Bennett v. United States Parole Commission
    83 F3d 324
    Petitioner Joseph A. Bennett is a United States citizen who pleaded guilty in Mexico in 1989 to charges of transporting cocaine. The Mexican court sentenced him to a nine-year prison term. Soon th...

  • United States v. Shepard
    83 F3d 417
    Robert Dale Shepard ("Shepard") pleaded guilty to escaping from custody and various burglary, theft, and firearms violations. On appeal he contends that the district court erred in ordering restitut...

  • United States v. D Soderna
    82 F3d 1370
    Matthew L. Jacobs, Office of the U.S. Attorney, Milwaukee, WI, Jessica Dunsay Silver, Eileen Penner (argued), Dept. of Justice, Civil Rights Div., Appellate Section, Washington, DC, for U.S. in Nos. 9...

  • Abdul Wadood v. E Wright
    85 F3d 631
    Plaintiff Lokmar Y. Abdul-Wadood, an Indiana state prisoner, filed a civil rights action pursuant to 42 U.S.C. § 1983, purportedly as a class action, alleging that defendants, prison officials at...

  • Kaul v. T Stephan
    83 F3d 1208
    Appellant Kathy L. Kaul, a Citizen Band Potawatomi Indian, operates a general store on the Prairie Band Potawatomi Indian Reservation (the "Reservation") in Kansas. After learning that the Kansas De...

  • United States v. D Wallingford
    82 F3d 278
    Ronald D. Wallingford appeals from a final judgment of the district court entered upon a jury verdict finding him guilty of conspiracy to distribute and distribution of methamphetamine. We affirm. ...

  • 3
    101 F3d 683
    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 by counsel. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED...

  • United States v. Levy
    89 F3d 836
    Before: SILER and COLE, Circuit Judges, and BELL, District Judge. Kevin Mashaun Jackson Levy appeals a district court judgment of conviction and sentence following Levy's guilty plea to five counts...

  • United States v. Yulee
    89 F3d 837
    The defendant appeals the order of the district court enhancing his sentence pursuant to the United States Sentencing Guidelines Section 3C1.1 for obstruction of justice. For the reasons which follo...

  • This v. Twersky
    101 F3d 683
    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 Windom
    82 F3d 742
    Appeal from the United States District Court for the Eastern District of Wisconsin. No. 92-CR-84--J.P. Stadtmueller, Chief District Judge. Stephen J. Liccione, (submitted), Office of U.S. Atty., M...

  • Sims v. X Hopkins
    83 F3d 425
    Ernest L. Sims, a Nebraska prisoner serving a sentence of life imprisonment for first-degree murder, appeals the judgment of the District Court denying his amended petition for a writ of habeas corpus...

  • United States v. J Boatright
    83 F3d 433
    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...

  • Letter Of Request From Amtsgericht Ingolstadt Federal Republic Of Germany United States v. Morris
    82 F3d 590
    This case involves a request of the Amtsgericht Ingolstadt, the local court of Ingolstadt, Germany, for judicial assistance in obtaining a blood sample from appellant Keith Morris in connection with a...

  • Mears v. Thomas
    83 F3d 432
    After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f) and...

  • United States v. Nagra
    83 F3d 429
    MEMORANDUM Brothers Jit Nagra and Mohan Nagra were convicted for their participation in an international conspiracy to smuggle aliens into the United States. The district court sentenced both of th...

  • United States v. Louis
    83 F3d 416
    Carlton Louis appeals the order denying his motion to dismiss a perjury indictment on the basis of double jeopardy. We affirm and remand for further proceedings. * On March 1, 1993, Robert Taper, ...

  • United States v. Turpin
    83 F3d 430
    MEMORANDUM Fred Turpin appeals his conviction following a jury trial for use of a communications facility to facilitate the commission of a felony drug offense. 21 U.S.C. § 843(b). He also ap...

  • High Frequency Products Inc v. Wynns Climate Systems Inc
    91 F3d 167
    High Frequency Products, Inc., (HFPI) appeals from a summary judgment entered against it by the United States District Court for the Southern District of Florida. That court held that defendant Wynn'...

  • United States v. Gilmore
    83 F3d 416
    Braze Gilmore ("Gilmore") appeals his convictions on two counts of bank robbery in violation of 18 U.S.C.A. § 2113(a) (West Supp.1996). Because we find that there was sufficient evidence that t...

  • United States v. Jones
    83 F3d 416
    Appellant, Robert Donnell Jones, pleaded guilty on April 23, 1993 to conspiracy to distribute, and possession with intent to distribute, heroin. Under Jones's written plea agreement, both he and the...

  • McGuire v. Meloy
    89 F3d 838
    John E. McGuire, a state prisoner acting pro se, filed a petition for a writ of habeas corpus, claiming that the admission of evidence concerning prior uncharged drug transactions rendered his trial f...

  • Savino v. W Murray
    82 F3d 593
    Virginia death row inmate Joseph John Savino, Jr., has appealed a federal district court's decision dismissing his petition for a writ of habeas corpus and denying his motion to alter or amend the jud...

  • Smith v. United States
    82 F3d 964
    "When an American citizen commits a crime in a foreign country, he cannot complain if required to submit to such modes of trial and to such punishment as the laws of that country prescribe for its own...

  • United States v. E Hyde
    82 F3d 319
    Robert Elmer Hyde was indicted for mail fraud and wire fraud. See 18 U.S.C. §§ 1341, 1343, 2(b). He then entered into a plea agreement and entered his guilty plea. The district court a...

  • United States v. Roquemore
    89 F3d 837
    Defendants, Reginald Roquemore and Dr. Roger Morrell, appeal their sentences upon remand from the decisions of this court in United States v. Sims-Robertson, 16 F.3d 1223, 1994 WL 12212 (6th Cir.) (u...

  • Pandit v. American Honda Motor Co Inc R and D
    82 F3d 376
    Appellant Kusum Pandit was injured when a Honda Accord in which she was a passenger stalled on Interstate 70 and was struck from behind by a Ford Bronco. Appellant sued the driver of the Bronco, Ame...

  • Patterson v. Rubin B J W R W M E L
    89 F3d 838
    Stephanie Patterson, a former employee of the Internal Revenue Service, filed suit against the Secretary of the Treasury and individual defendants for employment discrimination and other statutory vio...

  • United States v. Ortiz
    82 F3d 1066
    Appellant Lionel Ortiz appeals his convictions by a jury of several drug distribution offenses on the grounds that in two instances the district court erred by failing to act sua sponte, and in a thir...

  • United States v. Gorecki
    83 F3d 434
    Before BRORBY and SETH, Circuit Judges, and BRIMMER, District Judge. BROBY, Circuit Juge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument ...

  • Peterson Distributing Inc Conoco Inc v. E Styler
    82 F3d 956
    In this adversary action, brought by Conoco, Inc. ("Conoco") against the bankruptcy trustee ("Trustee") for Peterson Distributing, Inc. ("Peterson"), Conoco seeks to recoup or setoff $69,370.49 wort...

  • Kass v. Reno L
    83 F3d 1186
    Arthur Cyrus Kass, an inmate at the United States Penitentiary in Leavenworth, Kansas, appeals the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. We have juris...

  • United States v. Harvey
    85 F3d 617
    Efraim Harvey appeals the district court judgment revoking his probation and imposing a sentence of forty-five months imprisonment. Harvey contends that the district court erred in admitting eight p...

  • Sutherland v. Travelers Insurance Company
    85 F3d 617
    This is a coverage dispute under a homeowners' insurance policy issued to Plaintiffs-Appellants, Duncan and Vernell Sutherland (the "Sutherlands"), by Defendant-Appellee, The Travelers Insurance Compa...

  • United States v. Brewington
    85 F3d 617
    Billy Aron Brewington, Jr., pled guilty to conspiracy to possess crack cocaine with intent to distribute, 21 U.S.C.A. § 841 (West 1981 & Supp.1995). He appeals his 164-month sentence, chall...

  • United States v. Fountain
    85 F3d 617
    Dennis Ray Fountain and Tony Eduardo Frazier were both convicted of conspiracy to distribute crack cocaine and powder cocaine, 21 U.S.C.A. § 846 (West Supp.1995). Fountain appeals his conviction...

  • United States v. Weatherspoon
    82 F3d 697
    If, after police officers have made a lawful stop of a motor vehicle, one of the officers looks through the car's windshield and sees the barrel of a gun that the driver has just placed under the fron...

  • United States v. Hudson
    85 F3d 617
    Appellant appeals from the district court's order denying his 28 U.S.C. § 2255 (1988) motion alleging that he was denied the right to appeal his conviction and sentence. We have reviewed the re...

  • Newby v. L Johnson
    81 F3d 567
    The appellant, Billy Newby, appeals from the order of the district court dismissing as frivolous his petition for writ of habeas corpus. The only worthy issue in this appeal is whether a certificate...

  • United States v. Ramirez Ferrer
    82 F3d 1149
    Defendants-appellants (collectively, "defendants") Felipe Ramirez-Ferrer ("Ramirez-Ferrer"), Jorge L. Suarez-Maya ("Suarez-Maya"), and Raul Troche-Matos ("Troche-Matos") appeal their firearm convictio...

  • Kondrosky v. Pierce R Peed
    85 F3d 616
    Michael Kondrosky filed suit against Sergeant Daniel Pierce under 42 U.S.C. § 1983. The district court granted Pierce's Motion for Summary Judgment and Kondrosky appealed. Finding that Pierce...

  • Liston v. Lm Saunders
    85 F3d 616
    Appellant appeals from the district court's order granting judgment as a matter of law, pursuant to Fed.R.Civ.P. 50, to two of the three Defendants on his 42 U.S.C. § 1983 (1988) claim. Liston ...

  • Riddle v. Mondragon A
    83 F3d 1197
    Plaintiffs-appellants, who are convicted sex offenders and inmates in the Southern New Mexico Correctional Facility at Las Cruces, New Mexico, appeal the district court's dismissal of their civil righ...

  • United States v. J Schweihs
    83 F3d 424
    This appeal challenging a new sentence is successive to an appeal which challenged both the underlying conviction and the original sentence. The original panel agreed to retain this appeal. After ...

  • Freedom To Travel Campaign v. Newcomb United States
    82 F3d 1431
    Freedom to Travel Campaign ("FTC") and other appellants challenge the constitutionality of certain restrictions imposed on travel to Cuba by the Cuban Assets Control Regulations, 31 C.F.R. Part 515 (1...

  • Duarte v. United States Bureau Of Prisons
    83 F3d 431
    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. ...

  • Haines v. L Fisher
    82 F3d 1503
    Douglas M. Haines (Haines) appeals from (a) an order of the district court granting summary judgment in favor of the Town of Torrington, Wyoming (Torrington) on his 42 U.S.C. § 1983 and state law...

  • United States v. Thompson
    82 F3d 849
    Thompson shot a man who had come to his apartment as part of a scheme to buy drugs. He was convicted of several drug- and weapons-related crimes in connection with the shooting. Among other issues, ...

  • United States v. L McClain
    85 F3d 632
    Appellant David McClain pled guilty to one count of being a felon in possession of a firearm, 18 U.S.C. § 922(g), and was sentenced to 46 months' imprisonment. McClain's counsel has moved to wi...

  • Carlisle v. United States
    517 US 416
    This case presents the question whether a district court has authority to grant a postverdict motion for judgment of acquittal filed one day outside the time limit prescribed by Federal Rule of Crimin...

  • United States v. Shonekan
    85 F3d 618
    Hakeem Shonekan pled guilty to attempted possession of 2.8 kilograms of heroin with intent to distribute, 21 U.S.C.A. § 846 (West Supp.1995). He received a sentence of 87 months imprisonment. ...

  • United States v. Williams
    85 F3d 618
    Guy Marion Williams pled guilty to a three-count indictment, which charged him with armed robbery, in violation of 18 U.S.C. § 1951(a) (1988); use of a firearm during or in relation to a crime o...

  • Bieraeugel v. D West
    91 F3d 167
    This is an appeal by Rudolf Bieraeugel, etc., (plaintiff) from a decision of the Armed Services Board of Contract Appeals (the board) in ASB CA No. 47,145, 95-l B.C.A. p 27,536 (1995), in which the b...

  • Koch v. Ricketts
    82 F3d 317
    This § 1983 action is one of several filed by Arizona state prisoners against their keepers following body cavity searches undertaken in 1984 by prison guards in response to an informant's statem...

  • Crenshaw v. Kw Prunty
    89 F3d 844
    MEMORANDUM California prisoner Ronald R. Crenshaw appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition for failure to exhaust state remedies. We have ju...

  • Krysinski v. Rowland
    89 F3d 845
    MEMORANDUM Krysinski appeals the denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253. We reverse in part, affirm in pa...

  • Lindquist v. King County
    89 F3d 845
    MEMORANDUM Randy Lindquist appeals the district court's grant of summary judgment in favor King County, Officers Steve Tucker and Joe Lewis, and Sheriff James Montgomery. Lindquist argues that the ...

  • Lauranzano v. Ingle
    89 F3d 845
    MEMORANDUM California state prisoner Richard Lauranzano appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition. Lauranzano is serving his sentence of 30 years to life impr...

  • Runion v. Wood
    89 F3d 846
    MEMORANDUM Stanley Runion, a Washington state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action alleging that prison officials violated his right to due proc...

  • Thomas v. Municipality Of Anchorage
    89 F3d 846
    MEMORANDUM Cathryn Gia Thomas appeals the district court's order dismissing her employment discrimination action for failure to comply with numerous district court orders. See Fed.R.Civ.P. 16(f), 3...

  • United States v. Mims
    89 F3d 847
    MEMORANDUM Darren Mims appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to possession of cocaine with intent to distribute, in violation of 21 U.S.C. §§...

  • United States v. Campos Padilla
    89 F3d 847
    MEMORANDUM Alfredo Campos-Padilla appeals his conviction after jury trial for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). After careful considerati...

  • United States v. Matthews
    89 F3d 847
    MEMORANDUM Dion Anthony Matthews, a federal prisoner, appeals the denial of his 28 U.S.C. § 2255 motion to vacate his 87-month sentence imposed following a guilty plea to two counts of distribut...

  • United States v. F Soares
    89 F3d 847
    MEMORANDUM Appellant Paul F. Soares appeals pro se his 12-month sentence imposed following entry of a guilty plea to wire fraud in violation of 18 U.S.C. § 1343. Soares contends that the distr...

  • United States v. Hernandez
    89 F3d 847
    MEMORANDUM Jose Antonio Hernandez appeals his conviction by conditional guilty plea for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a). He contends tha...

  • United States v. Weaver
    89 F3d 848
    MEMORANDUM Alyce F. Weaver appeals pro se the district court order dismissing her 21 U.S.C. § 853(n) action in which she claimed a third-party interest in her husband's real property that was fo...

  • United States v. Perez Patino
    89 F3d 847
    MEMORANDUM Saul Perez-Patino appeals his 60-month sentence following a guilty plea to attempting to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). He contends the district court er...

  • Williams v. Crist
    89 F3d 848
    MEMORANDUM Raymond Anthony Williams, an Arizona state prisoner, appeals pro se the district court's denial of his habeas petition with prejudice. This court reviews de novo a district court's denia...

  • United States v. Wilmoth
    89 F3d 848
    MEMORANDUM John Henry Wilmoth appeals from his conviction following entry of a conditional guilty plea to possession of an unregistered sawed-off shotgun in violation of 26 U.S.C. § 5681(d). W...

  • Odell v. Vail
    89 F3d 846
    MEMORANDUM Morris O'Dell, a Washington state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas petition. The district court dismissed O'Dell's petition wit...

  • McAdoo v. United States Parole Commission
    89 F3d 845
    MEMORANDUM Federal prisoner Mark McAdoo appeals pro se the district court's denial of his 28 U.S.C. § 2241 habeas petition alleging that the United States Parole Commission ("Commission") denied...

  • Brown v. McCormick
    89 F3d 844
    MEMORANDUM Anthel LaVan Brown, a Montana state prisoner, appeals the district court's judgment for defendants, after an evidentiary hearing before a magistrate judge, in Brown's 42 U.S.C. § 1983...

  • Fawaad v. E Jones Sccf
    81 F3d 1084
    In this pro se, 42 U.S.C. § 1983 appeal, state prisoner Mateen Fawaad argues that the Alabama Department of Corrections policy, requiring inmates to use both their religious names and their commi...

  • United States v. Frankson
    83 F3d 79
    Appellant Derrick Myran Frankson challenges his convictions for drug trafficking under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Frankson contends that his Miranda warn...

  • Gardner v. Buerger C
    82 F3d 248
    This is a civil-rights case. Deputy Sheriff Charles Partain, a Jefferson County, Missouri, police officer, shot and killed Charles Gardner while serving an ex parte order of protection. Mr. Gardne...

  • United States v. Newsome
    85 F3d 618
    Ryan Newsome was convicted by a jury of conspiracy to possess crack cocaine from July 1992 to May 1994, 21 U.S.C.A. § 846 (West Supp.1995), and distribution of crack cocaine on April 15, 1994. 2...

  • Zouck v. Antlers Ranch Inc Q Mqm
    86 F3d 1167
    Before TACHA and McWILLIAMS, Circuit Judges, and BURRAGE, District Judge. ORDER AND JUDGMENT BURRAGE, District Judge. Appellants, Judith M. Zouck, James Q. May, Jr., Prudence M. Plusch and Marian...

  • United States v. Compton Iii
    82 F3d 179
    Josiah ("Little Joe") Compton pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and was convicted by a jury of distributing cocaine base (or "crac...

  • United States v. White
    85 F3d 618
    James Cleo White, Jr., pled guilty to conspiracy to possess marijuana with intent to distribute, 21 U.S.C.A. § 846 (West Supp.1995), and to aiding and abetting the distribution of marijuana, 21 U...

  • Williams v. W Clarke
    82 F3d 270
    Harold W. Clarke, Warden of the Nebraska Penal & Correctional Complex, and Donald Stenberg, Nebraska's Attorney General (collectively "the respondents"), appeal the district court's dismissal with...

  • United States v. Pipola
    83 F3d 556
    Defendant Anthony Pipola appeals from a May 4, 1995 judgment entered in the Eastern District of New York following a jury trial before United States District Judge Sterling Johnson convicting him of a...

  • United States v. Feliciano
    83 F3d 429
    MEMORANDUM Louis Anthony Feliciano appeals his 27-month sentence imposed following entry of a guilty plea to bank fraud, in violation of 18 U.S.C. § 1344. Feliciano contends that the district ...

  • United States v. Smith W
    83 F3d 430
    Before: O'SCANNLAIN and TROTT, Circuit Judges, and VAN SICKLE, District Judge. MEMORANDUM Harrison Walcott Smith appeals from his 120-month sentence for distribution of 123.2 grams of cocaine base...

  • Martin v. United States
    81 F3d 1083
    Finn Martin moved pursuant to 28 U.S.C. § 2255 for permission to file an untimely appeal due to ineffective assistance of counsel. The District Court denied the motion based on the fact that Ma...

  • Hopkins v. Bp Oil Inc Usa
    81 F3d 1070
    BP Oil, Inc. ("BP") sells gasoline to gasoline station operators for them to re-sell to the public. In this diversity case, three gasoline station operators (the "dealers") sued BP under Alabama la...

  • United States v. Romo Gomez
    83 F3d 430
    MEMORANDUM Josephine Romo-Gomez appeals the district court's denial of her motion to suppress marijuana seized by a border patrol agent from a car Romo-Gomez was driving. Following the denial of th...

  • United States v. Manarite
    83 F3d 429
    MEMORANDUM Jeanne Manarite appeals her sentence under the Sentencing Guidelines imposed following her conviction for money laundering, interstate transportation of stolen property, and receipt of sto...

  • United States v. Hutchinson
    83 F3d 429
    MEMORANDUM Dana Brian Hutchinson appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to two counts of armed bank robbery (18 U.S.C. §§ 2113(a) & (d)) ...

  • United States v. Rocha
    83 F3d 430
    MEMORANDUM Jessie Davalos Rocha appeals the fine imposed as part of his sentence following entry of a guilty plea to use of a communication facility in furtherance of a narcotics felony, in violation...

  • Tadeo v. Immigration and Naturalization Service
    83 F3d 429
    MEMORANDUM Rafael Tadeo, Jr., Julieta Lambino Tadeo, Roxanne Camille Tadeo, and Jennifer Ann Lambino Tadeo petition for review of the decision of the Board of Immigration Appeals (BIA) upholding the ...

  • Toquero v. Immigration and Naturalization Service
    83 F3d 429
    MEMORANDUM Victor Rodolfo Toquero, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' decision affirming the Immigration Judge's finding that he is sta...

  • United States v. Iyangbe
    83 F3d 429
    MEMORANDUM Paul Irabor Iyangbe appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his conviction imposed following his jury conviction for conspiracy to import h...

  • United States v. Sotelo
    83 F3d 430
    MEMORANDUM Simon Castorena Sotelo appeals pro se the district court's dismissal of his petition for relief under 28 U.S.C. § 2255. Sotelo claims the district court abused its discretion when i...

  • United States v. Yb Hahn
    83 F3d 429
    MEMORANDUM Paul Y.B. Hahn appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction for illegal possession of a firearm and of methamphetamine. Hahn ...

  • United States v. Johnson
    83 F3d 429
    MEMORANDUM Federal prisoner William McKinley Johnson appeals the denial of his 28 U.S.C. § 2255 motion challenging his 20-year sentence for aiding and abetting armed bank robbery in violation of...

  • Pro v. Donatucci
    81 F3d 1283
    Appellee Sisinia Pro worked in the office of the Clerk of the Orphans' Court, under the general direction of Ronald Donatucci, Register of Wills of Philadelphia County. In October 1993, Donatucci's ...

  • United States v. Placente
    81 F3d 555
    David Kenneth Placente appeals the district court's denial of his motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255. Placente claims that he received ineffective assistance...

  • Thompson v. Wanzis
    83 F3d 424
    In 1989, Robert Thompson pleaded guilty in federal district court to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). He was sentenced to four months' imprisonment t...

  • United States v. L Smith L
    82 F3d 241
    Kenny Smith appeals his conviction for possession with intent to distribute cocaine base (crack cocaine) in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). Smith argues the district court err...

  • Ready Mixed Concrete Company v. National Labor Relations Board
    81 F3d 1546
    Ready Mixed Concrete Company petitions for review of a National Labor Relations Board order finding that it violated the National Labor Relations Act (the "Act") by suspending and discharging its empl...

  • United States v. Munoz
    83 F3d 7
    Defendant-appellant John Jairo Munoz Estrada pled guilty to illegal reentry after deportation, in violation of 8 U.S.C. § 1326. He appeals from his sentence on the sole ground that the district...

  • Delfin v. Immigration and Naturalization Service
    83 F3d 426
    MEMORANDUM Trinidad Delfin ("Delfin") entered the United States lawfully in September 1984, but overstayed her nonimmigrant visa. Delfin worked as a domestic servant in the California home of Irene...

  • Farmer v. Brennan
    81 F3d 1444
    In this case, we return to Dee Farmer's suit against a number of federal prison officials claiming violations of the Eighth Amendment. Farmer, a pre-operative transsexual who is still biologically m...

  • United States v. Crockett
    82 F3d 722
    Defendant Phillip Crockett disputes the quantity of cocaine for which he was held responsible by the district court when it determined his sentence for conspiracy to distribute cocaine. Crockett ple...

  • Draganova v. Immigration and Naturalization Service
    82 F3d 716
    Tatiana Draganova petitions for review of an order by the Board of Immigration Appeals (BIA), which dismissed her appeal of a decision denying asylum and withholding of deportation. Draganova is a B...

  • Koroma v. Immigration and Naturalization Service
    83 F3d 427
    MEMORANDUM Foday Brima Koroma, a native of Sierra Leone, applied for political asylum after an Immigration Judge ("IJ") found him deportable as an alien convicted of a crime involving moral turpitude...

  • Ponder v. Rodgers
    83 F3d 428
    MEMORANDUM Joseph Bernard Ponder, an Oregon state prisoner, appeals pro se the district court's (1) summary judgment in his consolidated 42 U.S.C. § 1983 actions alleging violations of his First...

  • United States Of America v. Feldman
    83 F3d 9
    Defendant-appellant Jonathan Feldman pleaded guilty to a twelve-count indictment charging him with fraud and interstate transportation of stolen property. See 18 U.S.C. §§ 1341, 1343, 2314...

  • Menefield v. Fa Brown
    83 F3d 428
    MEMORANDUM James Wilburn Menefield, a California state prisoner, appeals pro se the district court's judgment, after a jury trial, in favor of defendants in his 42 U.S.C. § 1983 action alleging ...

  • Schimmels
    83 F3d 428
    Due to the termination of the automatic stay in bankruptcy court, the issues presented in this case have become moot. See 11 U.S.C. § 362(c)(1). This court, therefore, is without jurisdiction...

  • United States v. Kahlon
    83 F3d 429
    MEMORANDUM Balwinder Kahlon appeals pro se the district court's denial of his 18 U.S.C. § 3582(c) motion for reduction of his sentence. Kahlon was convicted, after a jury trial, of conspiracy ...

  • United States v. H Hayes
    83 F3d 429
    MEMORANDUM H. Wayne Hayes, Jr. appeals his conviction of fourteen counts of mail fraud, one count of wire fraud, and two counts of interstate transportation of stolen money. Hayes claims that: (1)...

  • Thompson v. Crabtree Fci
    82 F3d 312
    William Hale Thompson appeals the denial of his petition for a writ of mandamus to compel the United States Parole Commission to hold a prompt revocation hearing on outstanding charges of parole viola...

  • United States v. L Parker
    83 F3d 434
    ORDER AND JUDGMENT The parties have agreed that this case may be submitted on the briefs. After examining the briefs and the appellate record, this panel has determined unanimously that oral argume...

  • American Telephone and Telegraph Company v. City Of New York
    83 F3d 549
    This action arises from the refusal of the City of New York and the New York City Department of Corrections (collectively "the City") to pay long-distance charges assessed by American Telephone and Te...

  • National Labor Relations Board v. Electro Voice Incorporated
    83 F3d 1559
    The United States brought a petition in federal district court on behalf of the Regional Director of the National Labor Relations Board (collectively "the Director") requesting injunctive relief and a...

  • United States v. Onaghise
    85 F3d 638
    MEMORANDUM Matthew Enoyoje Onaghise appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate his conviction imposed following his jury conviction for conspiracy to import her...

  • United States v. Thimm
    83 F3d 430
    MEMORANDUM Gunther Thimm was convicted of bank robbery and carrying a firearm during a violent crime in connection with the August 9, 1994 bank robbery of a U.S. Bank branch in Beaverton, Oregon. T...

  • Velasquez v. Immigration and Naturalization Service
    86 F3d 1147
    Narcisa Velasquez petitions this court for review of a decision of the Board of Immigration Appeals ("BIA") denying her motion to reopen her deportation proceedings. For the following reasons, we de...

  • United States v. Galan
    82 F3d 639
    Appellant Arnoldo Ozuna Galan challenges the 37-month sentence he has received after pleading guilty to conspiracy to escape from a federal prison. He also disagrees with the district court's evalua...

  • Valecko v. Sterling Inc
    89 F3d 837
    Plaintiff appeals from an order granting summary judgment to defendant in her suit under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e, alleging that her employer terminated her on th...

  • Behlke v. K Jordan
    83 F3d 424
    Alton Behlke filed a petition for a writ of habeas corpus, 28 U.S.C. § 2254, alleging that a condition of his parole violates his First Amendment rights. The district court denied the petition,...

  • United States v. P Smith
    89 F3d 837
    Defendant Henry P. Smith appeals from an order of the District Court denying his motion to suppress evidence obtained as a result of an allegedly unlawful arrest. For the following reasons, we AFFIR...

  • United States v. Miller
    83 F3d 434
    Mr. Miller appeals from the denial of his petition for writ of error coram nobis. 28 U.S.C. § 1651(a). The petition is a collateral attack upon several bank robbery convictions entered upon a ...

  • United States v. Futrell
    83 F3d 434
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10...

  • Marquez v. D Miranda C
    83 F3d 427
    MEMORANDUM David Miranda and Carlos Wells are correctional officers at San Quentin Prison in California. Vincent Marquez brought this civil rights action against them because, he claimed, they read ...

  • United States v. Chavez
    83 F3d 434
    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 Fe...

  • United States v. Davila
    89 F3d 836
    Before: MILBURN and BOGGS, Circuit Judges, and QUIST, District Judge. This pro se federal prisoner appeals a district court order denying his Motion to Correct Presentence Investigation Report. T...

  • United States v. Hobson
    89 F3d 836
    Joe Hobson appeals the federal sentence that he received after pleading guilty to three counts of possessing Dilaudid for intended distribution and aiding and abetting, in violation of 21 U.S.C. §...

  • Stouffer Ii v. A Fields
    85 F3d 641
    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. ...

  • United States v. Cleaves
    85 F3d 632
    Barry Cleaves entered a conditional plea of guilty to possession with intent to distribute cocaine base (crack cocaine) in violation of 21 U.S.C. § 841(a)(1), reserving the right to withdraw his ...

  • United States v. C Phipps
    81 F3d 1056
    This appeal arises out of the conviction of C. Wayne Phipps for three counts of money laundering in violation of 18 U.S.C. § 1956(a)(3)(B), and for two counts of causing a financial institution t...

  • Gordon v. United States
    83 F3d 414
    Janet Gordon appeals from the district court's order entering judgment in favor of the United States on her wrongful levy action filed pursuant to 26 U.S.C. § 7426(c) (1988). Gordon claims that...

  • Nami v. H Fauver E
    82 F3d 63
    Kenneth Thompson appeals pro se from the district court's order dismissing his complaint. We will reverse the order and remand the cause to the district court for further proceedings consistent with...

  • Martin v. Norris
    82 F3d 211
    In 1992, a jury convicted John Martin in Arkansas state court of kidnapping and first-degree murder. On direct appeal, he argued that there was insufficient corroboration under Arkansas law of the t...

  • United States v. Bentley
    82 F3d 222
    Larry Bentley appeals from a final judgment entered in the District Court for the Eastern District of Missouri, following a guilty plea, finding him guilty of attempting to possess with intent to dist...

  • Martinez v. Union Pacific Railroad Company
    82 F3d 223
    Appellee Tracy J. Martinez, a former hostler/attendant at Union Pacific Railroad Company, filed suit pursuant to the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60, (FELA), after he wa...

  • Morehouse v. Dallman
    89 F3d 834
    Before: MILBURN and BOGGS, Circuit Judges, and QUIST, District Judge. This pro se Ohio state prisoner appeals a district court judgment denying his petition for a writ of habeas corpus filed pursua...

  • Butler v. French C
    83 F3d 942
    Don French was driving a tractor-trailer truck when it collided with the train in which Bobby Butler was working. Alleging Mr. French's negligence and personal injury to himself, Mr. Butler sued the...

  • United States Of America v. David Wayne Grubb
    83 F3d 434
    ORDER AND JUDGMENT The parties have agreed that this case may be submitted for decision on the briefs. See Fed. R.App. P. 34(f), 10th Cir. R. 34.1.2. After examining the briefs and the appellat...

  • United States v. R Gurs
    83 F3d 429
    MEMORANDUM Defendant-Appellant George Gurs was charged with operating a fraudulent real estate investment scheme from late 1986 through 1991. Following a jury trial, Gurs was convicted of multiple ...

  • United States v. Gallegos
    83 F3d 434
    The parties have agreed that this case may be submitted for decision on the briefs. See Fed. R.App. P. 34(f), 10th Cir. R. 34.1.2. After examining the briefs and the appellate record, this panel...

  • United States v. L Galloway
    83 F3d 429
    MEMORANDUM Defendant Peter Galloway appeals his sentence for violating the conditions of his supervised release. We must decide whether the district court violated Galloway's due process rights by ...

  • Whaley v. Oregon Board Of Parole
    83 F3d 430
    MEMORANDUM Leslie Arthur Whaley, an Oregon state prisoner, appeals the district court's denial of his motion to reconsider the dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas cor...

  • Falasha Mansa Musa Amen Ra v. Us Army Parole Board Department Of Army
    83 F3d 431
    KELLY, Jr. Mr. Amen-Ra appeals from the denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2241. He has been denied parole and contends that application of current parole guideli...

  • United States v. M Whalen
    82 F3d 528
    Appellant-defendant Archie M. Whalen ("appellant" or "Archie Whalen") appeals from a judgment revoking his supervised release. He contends that the district court violated his due process rights in ...

  • Nordberg Inc v. Telsmith Inc
    82 F3d 394
    Telsmith, Inc. appeals from a decision of the United States District Court for the Eastern District of Wisconsin holding that Nordberg, Inc. did not engage in inequitable conduct during the prosecutio...

  • White v. State Of Colorado
    82 F3d 364
    Plaintiff, appearing pro se, appeals the district court's decision granting defendants summary judgment on his claims asserted under 42 U.S.C. § 1983, the Rehabilitation Act, see 29 U.S.C. §...

  • United States v. Pruitt A Ap
    83 F3d 434
    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 Fe...

  • Bryan v. J Stovall
    83 F3d 431
    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 Fe...

  • United States v. Murray
    82 F3d 361
    Mr. Ira Murray was charged with assault with a dangerous weapon with intent to inflict bodily harm on an Indian reservation under 18 U.S.C. §§ 113(a)(3) and 1153(a). After a jury trial, Mr...

  • United States v. Beaufort
    83 F3d 416
    Willie Ben Beaufort appeals his conviction and his 24-month sentence for conspiracy to make false statements with respect to records kept by a federally licensed firearms dealer, 18 U.S.C. § 371 ...

  • United States v. W Dean
    80 F3d 1535
    This appeal raises the question of whether a district court has the authority to modify a portion of a plea agreement relating to the civil forfeiture of property. In this case, after accepting the ...

  • United States v. McLaughlin Mac
    83 F3d 417
    James McLaughlin appeals his conviction and sentence of life incarceration for conspiracy to distribute cocaine. McLaughlin contends that the district court erred by refusing to allow him to withdraw...

  • United States v. McCarty
    82 F3d 943
    Mr. McCarty appeals his conviction on five counts of federal firearms violations alleging that the search upon which his convictions are predicated violated the Fourth Amendment of the United States C...

  • Hamburg v. United States
    91 F3d 166
    Plaintiff Al Hamburg acting pro se appeals the order of the Court of Federal Claims (claims court) filed November 8, 1995, in Cause No. 95-7430 in which the court held that it did not have jurisdictio...

  • United States v. Taylor
    82 F3d 200
    Marshall Taylor appeals his conviction for money laundering in violation of 18 U.S.C. §§ 1956(a)(1)(A)(i) and 1956(a)(1)(B)(i). He argues that the jury's verdict was not supported by suffi...

  • Walker v. Mulvihill
    83 F3d 423
    Plaintiff appeals evidentiary rulings made during trial which, he claims, prejudiced his claim of excessive use of force during his arrest, brought pursuant to 42 U.S.C. § 1983, and which ultimat...

  • United States v. Payton
    83 F3d 423
    A jury found the defendant Glen T. Payton guilty of manufacturing, growing and producing marijuana and of possessing marijuana with the intent to distribute it. See 21 U.S.C. §§ 812 and 84...

  • United States v. Montanez
    82 F3d 520
    The sole issue on this appeal is whether the district court erred in denying Alexander Montanez the benefit in sentencing of the recently enacted "safety valve" provision which relates to mandatory mi...

  • Bryan v. E Greeno
    83 F3d 431
    After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a);...

  • Cholier Inc v. Wd Torch Energy Advisors Inc
    83 F3d 431
    Cholier, Inc. brought this diversity action against Torch Energy Advisors, Inc. ("Torch Energy") and Search Drilling Co. ("Search"), alleging claims for breach of contract and unjust enrichment, tog...

  • Moore v. Hayes
    83 F3d 422
    I. Factual Background and Procedural Disposition Plaintiff Laurie Moore was tried on a charge of second-degree murder and was convicted of voluntary manslaughter by a jury in a Michigan state circui...

  • United States v. Williams
    81 F3d 1321
    Jimmy Lee Williams appeals his conviction and sentence on forty-seven counts of committing bank fraud in violation of 18 U.S.C. § 1344(1) and aiding and abetting in violation of 18 U.S.C. § ...

  • United States v. Rosales
    82 F3d 403
    In United States v. Rosales, 19 F.3d 763 (1st Cir.1994), this court affirmed defendant's conviction on four counts of abusive sexual conduct, in violation of 18 U.S.C. § 2244(a)(1), but remanded ...

  • Lenhart v. R Cody
    83 F3d 432
    After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a);...

  • Sherman v. Byrd
    83 F3d 428
    MEMORANDUM Janet Sherman appeals the district court's directed verdicts in favor of twenty-eight of the twenty-nine defendants in her 42 U.S.C. § 1983 action alleging that officers of the County...

  • United States v. Smith
    83 F3d 417
    Calvin Eugene Smith filed this 28 U.S.C. § 2255 (1988) motion alleging multiple ineffective assistance claims, denial of his presence in court and right of confrontation, and that a fatal varianc...

  • Hughes v. Ignacio
    83 F3d 427
    MEMORANDUM Howard Hughes appeals the district court's denial of his petition for a writ of habeas corpus. See 28 U.S.C. § 2254. He contends that he was denied effective assistance of counsel...

  • Kemp v. Ford Motor Company
    83 F3d 427
    Before: O'SCANNLAIN and TROTT, Circuit Judges; VAN SICKLE, District Judge. MEMORANDUM Maury and Jean Kemp, along with Kemp Motor Company ("KMC"), appeal the District Court's decision to award att...

  • United States v. Leahy Iv D
    82 F3d 624
    Defendants Jeremiah Joseph Leahy IV, David D. Nece, and Sherry Lynn Flanagan appeal their convictions for various crimes arising out of their involvement in a scheme to defraud the Veterans Administra...

  • Alvarez Villalta v. Immigration and Naturalization Service
    83 F3d 426
    Before: WIGGINS, NORRIS, Circuit Judges, and JONES, District Judge. MEMORANDUM Alvarez-Villalta, a native of Nicaragua, petitions for review of the Board of Immigration Appeal's (BIA) dismissal of...

  • United States v. L Santomauro
    83 F3d 425
    Dennis L. Santomauro appeals from the final judgment entered in the District Court for the Northern District of Iowa upon his guilty plea to being a felon in possession of a firearm, in violation of 1...

  • United States v. F Jimenez Martinez
    83 F3d 488
    Defendant-appellants Yesid F. Jimenez Martinez and Alvaro E. Moreno pled guilty to narcotics offenses under 21 U.S.C. §§ 841(a)(1) & 846 arising from their participation in a cocaine con...

  • Autozone Inc v. National Labor Relations Board
    83 F3d 422
    This case comes before this Court on petition of AutoZone, Inc. ("AutoZone") for review of a decision and an order rendered on September 30, 1994 by the National Labor Relations Board (the "Board"). ...

  • Feins v. American Stock Exchange Inc
    81 F3d 1215
    Plaintiff Beatrice Feins appeals from a judgment of the United States District Court for the Southern District of New York, John F. Keenan, J., dismissing her complaint pursuant to Fed.R.Civ.P. 12(b)(...

  • This v. Alvarez
    101 F3d 682
    Appearing for Appellant: Dania Obdulia Alvarez pro se, Alderson, W.Va. Appearing for Appellee: David L. Wales, Ass't U.S. Att'y, SDNY, N.Y., N.Y. S.D.N.Y. AFFIRMED. Before KEARSE, ALTIMARI, ...

  • This v. Koron
    101 F3d 682
    UPON CONSIDERATION of this appeal from a judgment of the United States District Court for the Northern District of New York, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment be and it he...

  • This v. Lee
    101 F3d 682
    Appearing for Appellant Martin R. Stolar, N.Y., N.Y. Appearing for Appellee Elisa L. Liang, Ass't U.S. Att'y, EDNY, Brooklyn, N.Y. E.D.N.Y. AFFIRMED. Before KEARSE, ALTIMARI, Circuit Judges an...

  • United States v. Offiong
    83 F3d 430
    MEMORANDUM Offiong Eniang Offiong appeals his convictions and sentence for conspiracy in violation of 18 U.S.C. § 371 and possession of fifteen or more unauthorized access devices in violation o...

  • This v. Chuquimarca
    101 F3d 682
    UPON CONSIDERATION of this appeal from a judgment of the United States District Court for the Eastern District of New York, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment be and it her...

  • McCone v. Uphoff
    83 F3d 432
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10...

  • Varat Enterprises Inc First Union Commercial Corporation v. Nelson Mullins Riley and Scarborough
    81 F3d 1310
    The present dispute arises from a voluntary bankruptcy petition filed by Varat Enterprises, Inc. ("Varat"), a clothing manufacturer located in South Carolina. Prior to the bankruptcy filing, the So...

  • United States v. Williams
    81 F3d 1434
    Barry Rand Elden, Chief of Appeals (argued), Office of the United States Attorney, Criminal Appellate Division, Chicago, IL, for U.S. in Nos. 92-2794, 92-2797, 92-2799 and 92-2849. Theodore T. Poulo...

  • United States v. Francis
    82 F3d 77
    The sole issue presented by this appeal is whether the prosecution's reference in closing argument to its "uncontradicted" evidence infringed defendant's Fifth Amendment right against self-incriminati...

  • Derr v. Jabe
    83 F3d 414
    Norman Bruce Derr seeks to appeal the magistrate judge's order denying relief on his 28 U.S.C. § 2254 (1988) petition. His dismissed petition raised the following claims. (1) Evidence presente...

  • United States v. McDowell
    83 F3d 416
    Orienthia Jerome McDowell appeals his conviction and sentence for conspiracy to possess with intent to distribute cocaine base, § 21 U.S.C.A. § 846 (West Supp.1995), and carrying or using a ...

  • This Summary
    101 F3d 682
    APPEARING FOR APPELLANT: Ronald Whitaker, pro se, Marianna, FL. APPEARING FOR APPELLEE: George A. Yanthis, Assistant United States Attorney for the Northern District of New York, Albany, NY. N.D...

  • United States v. Nguyen
    81 F3d 912
    Defendant Hong Ha Thi Nguyen appeals her 13-month sentence, imposed by the district court after a jury convicted her of one count of conspiracy in violation of 18 U.S.C. § 371 and one count of po...

  • United States v. Kalagian
    83 F3d 425
    Carole Kalagian appeals the district court's entry of judgment on her conviction for unauthorized use of access devices in violation of 18 U.S.C. § 1029(a)(2). We affirm. On August 30, 1993, ...

  • Burns v. Aon Corporation B and Mn B Mn J B Mn
    83 F3d 425
    Barbara R. Burns appeals the judgment entered by the District Court after it dismissed some defendants and granted summary judgment to the remaining defendants in Burns's action alleging violations of...

  • United States v. E Dotson
    83 F3d 425
    Charles E. Dotson appeals from the final judgment entered in the district court, upon a jury verdict, finding him guilty of being a felon in possession of a firearm, in violation of 18 U.S.C. § 9...

  • United States v. Dungy
    83 F3d 425
    Anna Marie Dungy appeals the sentence imposed by the district court following her guilty plea to conspiring to distribute cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 846. For ...

  • United States v. Gary
    83 F3d 425
    Jerry Gary pleaded guilty to distributing and possessing with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The district court granted Gary a two-level...

  • United States v. Santana
    82 F3d 403
    Defendant's counsel has submitted an Anders brief and motion to withdraw, asserting that there are no meritorious issues to be raised on appeal. See Anders v. State of California, 386 U.S. 738, 744 (...

  • William v. Nye
    83 F3d 434
    Before HENRY, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and KERN, District Judge. This is an appeal from a judgment of the United States District Court for the District of Kansas denying a st...

  • United States v. Tynes
    83 F3d 434
    After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f) and...

  • United States v. Levi
    83 F3d 434
    After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f) and...

  • United States v. Morris
    81 F3d 131
    This appeal is from a judgment of conviction entered on October 24, 1994 by the United States District Court for the Southern District of Florida, Kenneth L. Ryskamp, Judge, against the appellant Paul...

  • United States v. Hoang
    83 F3d 429
    MEMORANDUM Defendant Richard Tiep Hoang appeals his convictions and the 13-month sentence imposed by the district court following a jury conviction of one count of conspiracy in violation of 18 U.S.C...

  • United States v. Lewis
    83 F3d 416
    Antoinette Natalie Lewis appeals from the district court's order denying her motion to suppress evidence. Lewis entered a conditional guilty plea to possession with the intent to distribute cocaine ...

  • Shabazz v. Johnson W D
    83 F3d 433
    Before KELLY and BARRETT, Circuit Judges, and BROWN, Senior District Judge. BROWN, Senior District Judge. After examining the briefs and appellate record, this panel has determined unanimously tha...

  • This v. Contini
    101 F3d 682
    Appearing for Appellant: Joshua L. Dratel, Lefcourt & Dratel, N.Y., N.Y. Appearing for Appellee: John T. McCormick, Ass't U.S. Att'y, SDNY, N.Y., N.Y. S.D.N.Y. AFFIRMED. Before KEARSE an...

  • Schley v. College Of Charleston
    83 F3d 416
    Alleging that he was not hired for three tenure-track positions because of his religious beliefs, Donald Schley brought suit against the College of Charleston and Dr. Martin Perlmutter in his official...

  • United States v. Diggs
    82 F3d 195
    After a jury found Armon Fennel Diggs guilty of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g), the district court sentenced him to 303 months' imprisonment and three...

  • United States v. C Booth
    82 F3d 403
    Thomas and Lisa Bootheach pled guilty to one count of conspiracy to possess and distribute in excess of 50 grams of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 846...

  • United States v. E Powers
    83 F3d 424
    Jason Powers pleaded guilty to one count of unlawful possession of a firearm by a convicted felon, 18 U.S.C. §§ 922(g) and 924(a)(2). The district court sentenced Powers to a 77-month term...

  • United States v. M Leffall
    82 F3d 343
    The single issue in this appeal is whether a police officer acting as a witness while an airline employee opens a package is sufficient to make the employee an instrument of the government requiring s...

  • Strickland v. Owens
    83 F3d 433
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10...

  • Le v. Immigration and Naturalization Service
    83 F3d 432
    The decision of the Board of Immigration Appeals is AFFIRMED, and the petition for review is DENIED. ...

  • Fortney v. Williams
    83 F3d 422
    Before: SUHRHEINRICH and COLE, Circuit Judges, and BELL, District Judge. David Lee Fortney, a Kentucky state prisoner, requests the appointment of counsel and appeals a district court order dismiss...

  • United States v. Hickman
    83 F3d 416
    Leon A. Hickman was convicted of contempt in Juvenile and Domestic Relations Court for the City of Roanoke, Virginia, for failure to pay child support. He filed a notice of appeal to the Roanoke Cit...

  • United States v. Newkirk
    83 F3d 417
    Pursuant to Doma Newkirk's plea of guilty to violating 18 U.S.C. § 513(a) (1988), the district court entered a judgment order sentencing her to fourteen months incarceration and a period of super...

  • United States v. J Raether
    82 F3d 192
    Roger J. Raether and Russell Hawkins helped two Indian tribes obtain government equipment through the federal government's program for disposing of excess property. The program is administered by th...

  • This v. Cuevas
    101 F3d 682
    On remand from the Supreme Court of the United States, following an appeal from the United States District Court for the Southern District of New York (Kevin Thomas Duffy, Judge ), affirmance of that ...

  • United States v. Smyre
    83 F3d 417
    Roger Lewis Smyre pled guilty to distributing crack cocaine. He was sentenced to 140 months incarceration, four years of supervised release, and a $50 special assessment. Smyre noted a timely appe...

  • United States v. Gaither
    83 F3d 416
    The Appellants Reginald Gaither, Franklin Moyler, and Wendell Smith appeal their convictions and sentences arising from their involvement in an assault on a fellow inmate at the Lorton Reformatory. ...

  • El Ali v. J Carroll
    83 F3d 414
    Petitioner Ali El-Ali, a native of Qatar, was denied naturalization by the Immigration and Naturalization Service (INS) on two grounds: (1) the Washington, D.C., district office, where El-Ali applied...

  • United States v. E Brooks
    82 F3d 50
    Larry E. Brooks appeals from a judgment of conviction entered in the Western District of New York, Skretny, J., on December 6, 1994, after a jury trial. Brooks was convicted of conspiracy to distrib...

  • United States v. Madden
    83 F3d 417
    Toy Burtron Madden appeals his conviction for two counts of bank robbery in violation of 18 U.S.C.A. § 2113(a) (West Supp.1996). Madden contends, through counsel and in a pro se supplemental br...

  • Wesselman v. Howard Hughes
    83 F3d 423
    Before: SUHRHEINRICH and COLE, Circuit Judges, and BELL, District Judge. Bruce B. Wesselman appeals pro se a district court order dismissing his civil rights suit filed under 42 U.S.C. § 1983 ...

  • United States v. Fulcher
    83 F3d 434
    ORDER AND JUDGMENT Petitioner, a federal prisoner, appeals the denial of his 28 U.S.C. § 2255 motion to vacate, correct, or set aside his sentence. We affirm. In 1994, petitioner pled guilty...

  • United States v. A Lopes
    82 F3d 421
    Gary Lopes pleaded guilty to conspiring to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. At sentencing he challenged the assessment of a seventh criminal hist...

  • Knickerbocker v. City Of Stockton
    81 F3d 907
    Curtis Leavitt and Richard J. Chiurazzi, Mastagni, Holstedt & Chiurazzi, Sacramento, California, for plaintiff-appellant. Lauren P. Thomasson, Deputy City Attorney, Stockton, California, for def...

  • Hendrix v. Norris
    81 F3d 805
    Charles R. Hendrix brought this 28 U.S.C. § 2254 action in the United States District Court for the Western District of Arkansas, petitioning for a writ of habeas corpus against the Director of t...

  • Sorrells v. United States
    83 F3d 424
    Randall Sorrells is in prison following his conviction for conspiring to distribute marijuana. We affirmed that conviction on direct appeal but remanded for resentencing. United States v. Brown, 94...

  • Goerger v. City Of St Charles M M Rj A
    82 F3d 421
    Robert Goerger appeals the district court's grant of summary judgment in favor of appellees in Goerger's 42 U.S.C. § 1983 action stemming from Goerger's second arrest and prosecution related to b...

  • United States v. D Ford
    83 F3d 434
    Defendant was convicted by a jury of possessing crack cocaine with intent to distribute in violation of 21 U.S.C. 841(a)(1) and using and carrying a firearm during a drug trafficking crime in violatio...

  • Tyler v. J Sullivan
    83 F3d 433
    Before KELLY and BARRETT, Circuit Judges, and BROWN, Senior District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materi...

  • United States v. R Franke
    83 F3d 434
    ORDER AND JUDGMENT In this case, a federal prisoner appeals the district court's order revoking supervised release and ordering a period of incarceration. Craig R. Franke was convicted in 1994 of m...

  • United States v. Jones
    83 F3d 423
    John Cleo Jones, a federal prisoner, appeals the sentence imposed by the district court following his guilty plea to one count of armed bank robbery in violation of 18 U.S.C. § 2113(d). The par...

  • United States v. Snow
    82 F3d 935
    Ronald Lloyd Snow was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and theft of a firearm from a federally licensed firearm dealer in violation of 1...

  • Brewer v. Ward
    83 F3d 431
    Benjamin Brewer appeals from an order of the district court denying his Motion to Reconsider Judgment Pursuant to Federal Rule of Civil Procedure 60(b), and denying his application for a stay of execu...

  • Long v. L Sparkman
    83 F3d 422
    Before: SUHRHEINRICH and SILER, Circuit Judges, and ALDRICH, District Judge. Elbert Phillip Long, a pro se Kentucky prisoner, moves for counsel on appeal from a district court order denying his pet...

  • United States v. C Wilson
    81 F3d 1300
    Appeal from the United States District Court for the District of Maryland, at Baltimore. Walter E. Black, Jr., Senior District Judge. (CA-93-494) ARGUED: Beth Mina Farber, Branch Chief, Greenbel...

  • This v. H
    101 F3d 682
    APPEARING FOR APPELLANT: David T. Grudberg, New Haven, CT. APPEARING FOR APPELLEE:Ronald S. Apter, Hartford, CT. D.Conn. AFFIRMED. Before OAKES, PARKER, Circuit Judges, and KNAPP, District Ju...

  • Doe v. D Phillips Ii D
    81 F3d 1204
    Defendant Gerald D. D'Amelia, Jr., an assistant district attorney for Orange County, New York, appeals from an order of the United States District Court for the Southern District of New York, Charles ...

  • United States v. J Moreno
    84 F3d 1452
    This cause 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...

  • Anderson v. Mehaidli
    83 F3d 422
    Appellant Charles Anderson, Next Friend of Ibrahim Boumelhem and Franklin Gates, appeals the grant of summary judgment in favor of Appellee Oussama Mehaidli, d/b/a Flooring Master ("Mehaidli") in this...

  • United States v. Drennan
    82 F3d 421
    John L. Drennan, Jr., appeals from the district court's order imposing a ten-month term of imprisonment upon revocation of his supervised release. On appeal, appointed counsel filed a brief pursuant...

  • United States v. Morrison
    83 F3d 423
    Before: MILBURN and BOGGS, Circuit Judges, and QUIST, District Judge. Dana Ray Morrison, represented by counsel, appeals a district court judgment revoking his supervised release. The parties hav...

  • United States v. Ward
    83 F3d 423
    Before: MILBURN and BOGGS, Circuit Judges, and QUIST, District Judge. Roy Allen Ward, a federal prisoner, appeals his conviction and sentence for one count of engaging in a continuing criminal ente...

  • Newland v. A Newland
    82 F3d 338
    Appellant Charles L. Newland filed this diversity action against the former administrator of his deceased father's estate and the administrator's attorney ("Appellees"), asserting claims for breach of...

  • Craig v. K Singletary A
    80 F3d 1509
    Petitioner, Donald Lee Craig, convicted of murder in state court, filed for a writ of habeas corpus in the Southern District of Florida. The district court denied the writ, adopting the recommendati...

  • United States v. McRae
    81 F3d 1528
    Franchot Forsythe McRae appeals his conviction and sentence on one count of possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). He was convict...

  • United States v. Edgar
    82 F3d 499
    Charles Martin Edgar, formerly a U.S. Department of Commerce employee, was convicted of three counts of making false statements on his federal workers' compensation claims, and of one count of mail fr...

  • United States v. Aflleje Torres
    83 F3d 433
    ORDER AND JUDGMENT After examining the briefs and the appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See F...

  • Smyth v. D Colorado
    83 F3d 433
    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. Walker
    83 F3d 430
    MEMORANDUM Edward Earl Walker appeals his sentence after pleading guilty to possession of cocaine base with the intent to distribute in violation of 21 U.S.C. § 841(a)(1). He contends the dist...

  • Gonzalez v. R Story C
    83 F3d 431
    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. ...

  • United States v. Carlton D
    82 F3d 411
    A jury convicted Robin Carlton Brown for knowingly making a false statement to a federally licensed firearms dealer in connection with the acquisition of a firearm in violation of 18 U.S.C. § ...

  • United States v. Tamayo
    80 F3d 1514
    This appeal presents the question of whether the district court erred in not according a convicted defendant the opportunity to allocute at resentencing, which was restricted to the issue of whether a...

  • Chanco v. Immigration and Naturalization Service
    82 F3d 298
    Antonio Flor Chanco ("Chanco") and Maria Ofelia San Miguel Chanco, natives and citizens of the Philippines, petition for review of an Order of the Board of Immigration Appeals (BIA), which affirmed th...

  • Cotten v. Casler
    83 F3d 422
    Charles Cotten, a pro se Ohio prisoner, appeals a district court order dismissing his civil rights action filed under 42 U.S.C. §§ 1983 and 1985. This case has been referred to a panel of ...

  • United States v. Killingbeck
    83 F3d 423
    This federal prisoner appeals his sentence after he pleaded guilty to conspiring to distribute cocaine in violation of 21 U.S.C. § 846 and using a firearm during a drug transaction in violation o...

  • Smith v. Rc Plaster
    83 F3d 422
    Before: MILBURN and BOGGS, Circuit Judges, and QUIST, District Judge. Edward A. Smith, Jr., appeals a district court order dismissing as frivolous his complaint filed pursuant to 42 U.S.C. § 1...

  • United States v. Clements
    83 F3d 423
    Before: SUHRHEINRICH and SILER, Circuit Judges, and EDMUNDS, District Judge. Ulysses Braxton Clements, proceeding pro se, appeals a district court order denying his motion for transcripts at govern...

  • United States v. B Mitchell
    82 F3d 146
    A traffic stop of Wayne Mitchell's van led to the discovery of a loaded .25 caliber Raven semi-automatic pistol in a box between the front seats. Mr. Mitchell's pretrial motions to quash his arrest ...

  • Standish v. Bommel
    82 F3d 190
    Kristan Standish, a former inmate at the Jefferson City Correctional Center (JCCC), filed this 42 U.S.C. § 1983 action alleging that defendant prison officials violated his Eighth Amendment right...

  • United States v. Basket
    82 F3d 44
    Defendant John Basket appeals from a judgment entered in the United States District Court for the Southern District of New York convicting him, following his plea of guilty before Charles L. Brieant, ...

  • Hutensky v. Federal Deposit Insurance Corporation
    82 F3d 1234
    Allan Hutensky petitions for review of a Decision and Order of the Federal Deposit Insurance Corporation ("FDIC") prohibiting him, pursuant to 12 U.S.C. § 1818(e), from further participation in t...

  • United States v. Vadala
    101 F3d 682
    APPEARING FOR APPELLANT: David Z. Chesnoff, Goodman, Stein & Chesnoff, Las Vegas, NV. APPEARING FOR APPELLEE: Emily Berger, Assistant United States Attorney for the Eastern District of New Yor...

  • This v. Strife
    101 F3d 682
    UPON CONSIDERATION of this appeal from a judgment of the United States District Court for the Northern District of New York, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment be and it he...

  • United States v. Mora
    81 F3d 781
    Shirley Mora appeals her conviction on four counts of mail fraud in violation of 18 U.S.C. §§ 1341 and 1342, arguing that the district court abused its discretion in allowing the government ...

  • United States v. Torres
    82 F3d 427
    ORDER AND JUDGMENT After examining the briefs and the appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See F...

  • Chavez v. Motorola Inc R
    82 F3d 425
    After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 1...

  • Price v. Tulsa County District Court E L
    82 F3d 426
    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. Chaney
    82 F3d 427
    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...

  • Starks v. Whalen
    82 F3d 426
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10...

  • United States v. J Lindia
    82 F3d 1154
    Pursuant to a plea agreement with the government, defendant-appellant Frank J. Lindia pleaded guilty to a one-count indictment charging that, from December 1994 to January 31, 1995, he and codefendant...

  • United States v. B Walker
    82 F3d 427
    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. ...

  • Marshall v. Champion
    82 F3d 426
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10...

  • United States v. Davis
    82 F3d 411
    Paul Davis appeals his conviction and sentence of 330 months incarceration for possession with intent to distribute crack cocaine. Davis, through counsel, contends that the district court erred by fa...

  • United States v. Bolton
    82 F3d 427
    ORDER AND JUDGMENT James Royce Bolton was indicted on fifteen related firearms and narcotics counts arising out of a conspiracy to distribute methamphetamine. He eventually pled guilty to Counts Tw...

  • Owens v. Green
    82 F3d 426
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10...

  • United States v. Blake
    81 F3d 498
    Willie James Blake, Jr. pled guilty to using unauthorized access devices (stolen credit cards) in violation of 18 U.S.C.A. § 1029(a)(2) (West Supp.1995). Blake now challenges his sentence, argu...

  • Cooper v. Hargett
    82 F3d 425
    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. ...

  • United States v. Marine Shale Processors
    81 F3d 1329
    This case, along with Nos. 94-30419 and 95-60228, concerns the past actions and future fate of Marine Shale Processors, Inc., a hazardous waste treatment facility. The cases involve multiple aspects ...

  • United States v. G White
    81 F3d 775
    Christopher G. White (White) entered a conditional plea of guilty to conspiracy to distribute cocaine and possession with intent to distribute cocaine in violation of 21 U.S.C. § 846. White's p...

  • Chastant v. Headrick Outdoor Inc
    81 F3d 31
    Headrick Outdoor, Inc. ("Headrick"), an outdoor advertising company, leased property from Chastant. When Headrick broke its habit of paying rent on the anniversary month of the leases, and payment ...

  • Robinson v. Baker
    83 F3d 422
    Before: MILBURN and BOGGS, Circuit Judges, and BORMAN, District Judge. Lawrence Robinson appeals a district court judgment denying his petition for a writ of habeas corpus filed under 28 U.S.C. &#x...

  • United States v. Torres
    81 F3d 900
    Guillermo Torres and Jose Zuniga appeal their one-year and one-day sentences the district court imposed after they pleaded guilty to conspiring to transfer false identification documents in the mail, ...

  • Hearn v. S Veasy
    83 F3d 422
    Cother D. Hearn, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. §§ 1983, 1985 and 1986. The case has been r...

  • United States v. Fontao
    83 F3d 423
    Eric Pagani-Gallego and Miriam Juana Fontao were jointly tried and convicted of conspiracy to possess with intent to deliver cocaine, 21 U.S.C. § 846, attempt to possess with intent to distribute...

  • United States v. Floyd
    81 F3d 1517
    This case presents us with a novel issue: Is a stepparent, who earlier relinquished custody of the child to the state, following the death of its biological mother, exempt from prosecution for kidnap...

  • United States v. Gaytan
    83 F3d 429
    Before: HUG, Chief Judge, FERNANDEZ, Circuit Judge, and KELLEHER, District Judge. MEMORANDUM Defendants-appellees Anibal Gaytan, Jesus Portillo, and Roman Munguia-Meza were indicted for conspiracy...

  • United States v. Green
    82 F3d 411
    Appellant Paula Green's sentence for possession with intent to distribute cocaine and marijuana was enhanced for obstruction of justice pursuant to the United States Sentencing Guidelines, § 3C1....

  • Hawks Us Currency v. United States
    82 F3d 410
    Anthony D. Hawks appeals from the district court's order dismissing his motion for return of property following a summary administrative forfeiture. Before this Court, Hawks raises, for the first ti...

  • Cb Breeding Tp v. Driscoll E
    82 F3d 383
    Plaintiffs in this action, minors TP and CB, sued their former high school principal, Dr. Driscoll, and superintendent, Mr. Corry, in Defendants' individual and official capacities under 42 U.S.C. &#x...

  • United States v. Jakubowicz
    83 F3d 429
    MEMORANDUM Isaac Jakubowicz appeals his jury conviction on three counts of willfully making and subscribing false income tax income returns, in violation of 26 U.S.C. § 7206(1). Jakubowicz con...

  • Newland v. H Dalton
    81 F3d 904
    In June of 1991, Newland was arrested after attempting to fire an assault rifle at individuals in a bar. At the time he was a civilian employee of the United States Navy, working as a utilities syst...

  • Story v. United States
    83 F3d 422
    Before: SUHRHEINRICH and NELSON, Circuit Judges, and EDMUNDS, District Judge. John Story, represented by counsel, appeals a district court judgment denying several motions construed to be filed pur...

  • United States v. Acres Of Land More Or Less Situated In Leflore County State Of Mississippi C Iii
    80 F3d 1074
    In this eminent domain action, the district court granted the Government's motion in limine to exclude expert testimony regarding severance damages claimed by appellant, Joseph Coker, III, as a result...

  • United States v. Sokolow
    81 F3d 397
    Defendant Craig B. Sokolow ("Sokolow") appeals from his conviction in the United States District Court for the Eastern District of Pennsylvania following a two month jury trial. On March 18, 1994, S...

  • United States v. Henoud Vj Jd G M G
    81 F3d 484
    Appellant, John Maurice Henoud, was convicted of conspiracy and fraud in connection with an overseas call-selling scheme and ordered to pay restitution to the local and long-distance telephone compani...

  • United States v. Tillman
    81 F3d 773
    On February 28, 1995, James Edward Tillman Jr. arrived at the Amtrak Station in Kansas City, Missouri, on a train that originated in Los Angeles, California. Tillman was carrying two pieces of lugga...

  • Calero Lopez v. Immigration and Naturalization Service
    83 F3d 426
    Before: NORRIS and WIGGINS, Circuit Judges, and McKIBBEN, District Judge. MEMORANDUM Jose Francisco Calero-Lopez, a native and citizen of Nicaragua, petitions for review of the decision of the Boa...

  • United States v. Fernandino
    82 F3d 419
    Before KENNEDY and COLE, Circuit Judges, and ALDRICH, District Judge. Ruben Fernandino appeals a district court judgment that denied a motion to correct an alleged error in the record of his crimina...

  • United States v. E Ruth
    82 F3d 419
    Before: MERRITT, Chief Judge; MILBURN, Circuit Judge, and ZATKOFF, District Judge. Charles E. Ruth, a federal prisoner, appeals the sentence imposed by the district court after he was convicted of...

  • United States v. Mendoza
    82 F3d 419
    Jose Jesus Mendoza appeals his 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, this pan...

  • United States v. Hervey
    82 F3d 419
    Stanley Ronee Hervey appeals his federal convictions on the ground that he was denied his Sixth Amendment right to counsel. Specifically, Hervey claims that the district court erred by failing to co...

  • Odoms v. Hatcher
    83 F3d 428
    MEMORANDUM Nevada state prisoner John Benjamin Odoms appeals the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus. He challenges his convictions for attempted murder ...

  • Turlington v. A Lewis
    83 F3d 429
    MEMORANDUM Charles Morton Turlington appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition and the accompanying motion for an evidentiary hearing. He contends an evidenti...

  • This v. Kiendra
    101 F3d 682
    Appearing for Appellant: Kathryn M. Kase, Albany, N.Y. Appearing for Appellee:George A. Yanthis, Ass't U.S. Att'y, NDNY, Albany, N.Y. N.D.N.Y. AFFIRMED. Before KEARSE, ALTIMARI, Circuit Judge...

  • United States v. Taylor
    85 F3d 618
    William Michael Taylor was convicted by a jury of possession of heroin with intent to distribute, 21 U.S.C.A. § 841 (West 1981 & Supp.1995), and was sentenced to a term of 57 months imprisonm...

  • United States v. Caldwell
    82 F3d 427
    Defendant Dedrick Shawn Caldwell appeals his conviction and sentence for unlawful possession with intent to distribute and distribution of more than five grams of cocaine base, in violation of 21 U.S....

  • United States v. K Celestine
    83 F3d 429
    MEMORANDUM The district court entered an order in limine excluding evidence of cocaine and drug paraphernalia in Celestine's retrial for assaulting United States marshals and maintaining a place for ...

  • United States v. Downs A
    84 F3d 1453
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented...

  • United States v. V Newman
    84 F3d 1452
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented...

  • Bethel v. McAllister Brothers Inc
    81 F3d 376
    This matter is before this court on appeal following proceedings having an unusual procedural history. Appellee, McAllister Brothers, Inc., is a tugboat operator on the Delaware River in the Philade...

  • Gaston v. Washington W
    85 F3d 631
    James Gaston raises two contentions on appeal from the district court's denial of his petition for a writ of habeas corpus, both of which rely on the protection afforded by the Double Jeopardy Clause ...

  • United States v. Parrish
    83 F3d 430
    Before: HALL and BRUNETTI, Circuit Judges, and WEINER, District Judge. MEMORANDUM Gordon Parrish appeals his conviction in federal court of one count of aggravated sexual abuse, 18 U.S.C. §&#...

  • United States v. Heno
    82 F3d 421
    Larry Heno appeals his drug-related conviction. Heno contends the district court improperly denied Heno's motion to suppress. Heno also contends exigent circumstances did not excuse the officers' ...

  • United States v. Simon
    83 F3d 430
    MEMORANDUM George Simon appeals his conviction under 18 U.S.C. § 922(g) for being a felon in possession of a firearm. Police had obtained a search warrant for Simon's home and business in orde...

  • Meeks v. R McBride
    81 F3d 717
    Michael Meeks, an inmate of the Westville Correctional Center ("Westville") in Westville, Indiana, filed this petition for a writ of habeas corpus, 28 U.S.C. § 2254, challenging the prison discip...

  • Pena v. United States
    82 F3d 418
    Before: SUHRHEINRICH and SILER, Circuit Judges, and EDMUNDS, District Judge. This is an appeal from a judgment dismissing a motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. This...

  • Sara Lee Corporation v. Kayser Roth Corporation
    81 F3d 455
    Sara Lee Corporation appeals the district court's entry of judgment for Kayser-Roth Corporation in Sara Lee's action for trademark infringement. The district court found that Kayser-Roth's use of the...

  • United States v. Craft
    82 F3d 419
    Before: KENNEDY and COLE, Circuit Judges, and ALDRICH, District Judge. These federal prisoners appeal their sentences imposed after they pleaded guilty to aiding and abetting each other in the poss...

  • Maljack Productions Inc v. Goodtimes Home Video Corp
    81 F3d 881
    Maljack Productions, Inc. ("MPI") alleges that GoodTimes Home Video Corp. ("GoodTimes") is violating copyright, trademark and California law by producing and selling videocassette recordings of the ...

  • Thomas v. A Rogers
    82 F3d 418
    James H. Thomas, a former Ohio state prisoner, requests the appointment of counsel and appeals a district court order dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2254. ...

  • Kersey v. Tennessee Board Of Paroles
    82 F3d 418
    Before: SUHRHEINRICH and SILER, Circuit Judges, and EDMUNDS, District Judge. Kenneth Kersey appeals a district court judgment dismissing his civil rights complaint filed under 42 U.S.C. § 1983...

  • Bachner v. Commissioner Of Internal Revenue
    81 F3d 1274
    Ronald C. Bachner appeals from the decision of the United States Tax Court sustaining the determination of the Commissioner of Internal Revenue of deficiencies in and additions to Bachner's federal in...

  • Centers v. Trippett
    82 F3d 417
    Thaddeus Cheyenne Centers sought habeas corpus relief. The district court granted Centers' petition in part and denied his petition in part. We affirm. On June 29, 1980, at approximately 1:45 a....

  • Avery v. United States
    82 F3d 417
    Before: KENNEDY and COLE, Circuit Judges, and COHN, District Judge. This is an appeal from a judgment denying a motion to vacate sentence filed under 28 U.S.C. § 2255. This case has been ref...

  • Dixie Fuel Company v. Federal Mine Safety and Health Review Commission
    82 F3d 417
    Dixie Fuel Company (Dixie) appeals a decision by the Federal Mine Safety and Health Review Commission (FMSHRC) denying its petition for discretionary review. The parties have expressly waived oral ar...

  • Padavan v. United States Ins J Ins J Ins E
    82 F3d 23
    Plaintiffs-appellants New York State Senators Frank Padavan, Charles D. Cook, Joseph R. Holland, Serphin R. Maltese, John J. Marchi, Michael J. Tully, Jr., and Dale M. Volker, along with Rensselaer, N...

  • Ball v. United States
    82 F3d 417
    Before: KENNEDY and COLE, Circuit Judges, and ALDRICH, District Judge. Donald B. Ball, proceeding pro se, appeals a district court judgment denying his motion to vacate sentence filed pursuant to 2...

  • McCracken v. Coshocton County
    82 F3d 418
    Before: MERRITT, Chief Judge; MILBURN, Circuit Judge, and ZATKOFF, District Judge. Karen McCracken, through counsel, appeals a district court order granting summary judgment in favor of the defend...

  • United States v. Kokoski
    82 F3d 411
    Michael Kokoski conditionally pled guilty to knowingly and intentionally employing a person under age 18 to distribute lysergic acid diethylamide (LSD). See 21 U.S.C. §§ 841(a)(1), 861(a)(...

  • Grimes v. Commissioner Of Internal Revenue
    82 F3d 286
    We consider whether the illegal seizure of evidence by agents of the Federal Bureau of Investigation and Drug Enforcement Agency (collectively "FBI") necessarily precludes use of that evidence by the ...

  • United States v. Thompson
    81 F3d 877
    * Lester Thompson pled guilty to possession with intent to distribute methamphetamine (21 U.S.C. § 841(a)(1)) and unlawful use of a facility in interstate commerce to facilitate an unlawful activ...

  • Lindsay v. Edwards
    82 F3d 418
    Before: KENNEDY and COLE, Circuit Judges, and ALDRICH, District Judge. This pro se Ohio state prisoner appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U...

  • United States v. C Tardieff
    83 F3d 424
    Appellant Joseph C. Tardieff pled guilty to one count of conspiracy to possess cocaine with intent to distribute, 21 U.S.C. §§ 841, 846, and was sentenced to 105 months' imprisonment. Tard...

  • United States v. E Wesley
    81 F3d 482
    Appellant Bobby E. Wesley pleaded guilty to embezzlement from the Veterans' Administration, and was sentenced to three years probation. On March 8, 1995, a hearing was held to revoke his probation be...

  • Bonner v. Dr Anderson
    81 F3d 472
    Claiming qualified immunity, D.R. Anderson, a deputy sheriff in Caroline County, Virginia, appeals the district court's interlocutory order that denied his motion for summary judgment. Because the p...

  • Jones v. Farley
    83 F3d 424
    Petitioner Ivan Jones filed a petition for a writ of habeas corpus, 28 U.S.C. § 2254, challenging an expired state conviction for burglary which was being used to enhance his current state senten...

  • Matheney v. Foley D E
    83 F3d 424
    Alan Matheney murdered his ex-wife immediately after being released on furlough from an Indiana state prison. During his stay in the St. Joseph County, Indiana, jail awaiting trial, Matheney, acting ...

  • United States v. L Heathershaw
    81 F3d 765
    Patrick Heathershaw appeals his conviction of theft of government property in excess of $100 value, 18 U.S.C. § 641 (1994). Heathershaw was convicted of stealing posts and barbed wire from a fe...

  • United States v. Brinkley
    82 F3d 411
    Sherrill Gary Brinkley was sentenced in 1993 to 360 months imprisonment for conspiracy, firearms offenses, and possession of a stolen vehicle. His sentence was affirmed on appeal but remanded for th...

  • Murray v. Dove
    82 F3d 418
    Before: MERRITT, Chief Judge; MILBURN, Circuit Judge, and ZATKOFF, District Judge. Sylvester Seal Murray, a pro se federal prisoner, appeals a district court order denying his petition for preempt...

  • United States v. Medina
    82 F3d 419
    Defendant, Anthony Medina, was convicted in February of 1991 of conspiracy to distribute and distribution of cocaine and heroin and use of a communication facility in connection with his drug traffick...

  • Leaphart v. Peterson
    82 F3d 418
    Before: MERRITT, Chief Judge; MILBURN, Circuit Judge, and O'MALLEY, District Judge. This is an appeal from a summary judgment for the defendants in a prisoner civil rights action filed pursuant to...

  • Phillips v. United States
    82 F3d 418
    Before: MERRITT, Chief Judge; MILBURN, Circuit Judge, and ZATKOFF, District Judge. Ethel Lorraine Phillips appeals pro se from a district court judgment that denied a motion to vacate, set aside o...

  • United States v. Glover
    83 F3d 429
    Before: HUG, Chief Judge, FERNANDEZ, Circuit Judge, and KELLEHER, District Judge. MEMORANDUM Timothy Ray Glover ("Glover") appeals his jury conviction for armed bank robbery in violation of 18 U.S...

  • Cooper v. Oklahoma
    517 US 348
    In Oklahoma the defendant in a criminal prosecution is presumed to be competent to stand trial unless he proves his incompetence by clear and convincing evidence. Okla. Stat., Tit. 22, Section(s) ...

  • Barraza v. Gomez
    83 F3d 426
    Before: SNEED and BEEZER, Circuit Judges, and QUACKENBUSH, District Judge. MEMORANDUM Javier Barraza appeals the district court's denial of his petition for writ of habeas corpus. In July 1982 i...

  • United States v. Leyva
    83 F3d 429
    MEMORANDUM By memorandum disposition we vacated the original sentences imposed by the district court on defendants Leyva, Sotelo-Gamez, and Quijada-Castillo, because the court failed to adequately ju...

  • Grigore v. Immigration and Naturalization Service
    83 F3d 427
    Before: SCHROEDER and LEAVY, Circuit Judges, and TRIMBLE, District Judge. MEMORANDUM Gabriel Grigore, a native and citizen of Romania, petitions for review of the decision of the Board of Immigrat...

  • United States v. Roy W Collins A Dickstein
    82 F3d 427
    By an order dated June 7, 1989, supplemented on July 5, 1989, the district court revoked Jeffrey A. Dickstein's pro hac vice status in the case of United States v. Collins, CR-89-45-A. Subsequently,...

  • Hyman v. Beshears
    82 F3d 410
    Galen Hyman appeals from the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition challenging the sufficiency of the evidence to convict him of conspiracy and alleging in...

  • Moseley Sr v. United States
    82 F3d 418
    Moseley now argues that his attorneys did not object to the plea agreement insofar as it indicated that he had waived his right to appeal, that counsel ignored a request to withdraw his plea, that he ...

  • Palma v. Verex Assurance Inc
    79 F3d 1453
    On November 28, 1983, plaintiff-appellant Nancy Palma ("Palma") borrowed $121,300 from City Federal Savings & Loan ("City Federal") to purchase a condominium. As a condition of the loan, Palma w...

  • United States v. F Brown T A F
    79 F3d 1550
    This appeal is one by four defendants, formerly executives with General Development Corporation ("GDC"), who were convicted of defrauding and conspiring to defraud home buyers throughout the 1980's. ...

  • United States v. Brownlee
    82 F3d 419
    Four defendants appeal their convictions and/or sentences on various drug charges. We affirm all the rulings from which the defendants appeal. * The defendants were part of a conspiracy to smuggle...

  • United States v. Medina Estrada
    81 F3d 981
    Mario Medina-Estrada (Medina-Estrada) appeals his sentence entered following a jury trial wherein he was found guilty of possession of methamphetamine with intent to distribute in violation of 21 U.S....

  • Jenkins v. Wood Kbi
    81 F3d 988
    This case concerns a search of the home of James C. Jenkins, Sr., and Lula M. Jenkins. Mr. and Mrs. Jenkins sued the defendants pursuant to 42 U.S.C. § 1983, claiming the defendants' participat...

  • United States v. Cabrera Sosa
    81 F3d 998
    Tony Caonabo Cabrera-Sosa pled guilty to reentering the United States after a previous deportation for a felony in violation of 8 U.S.C. § 1326(b)(1). The district court sentenced him to a term...

  • Shewchun v. Meissner
    82 F3d 418
    Before: NELSON and RYAN, Circuit Judges, and SPIEGEL, District Judge. John Shewchun, pro se, appeals a district court order dismissing his petition for a writ of mandamus filed pursuant to 28 U.S.C...

  • Antonelli v. F Sheahan
    81 F3d 1422
    Michael Antonelli, proceeding pro se, filed a complaint against several officers and officials of the Cook County Department of Corrections, alleging violations of his constitutional rights while an i...

  • Roche v. John Hancock Mutual Life Insurance Company
    81 F3d 249
    This appeal requires us to consider whether a private party should be held liable under 42 U.S.C. § 1983 for an arrest and unsuccessful prosecution that followed on the heels of its detailed repo...

  • Lott v. M Hargett
    80 F3d 161
    John Lott, a Mississippi state prisoner, appeals a judgment denying habeas corpus relief in his petition claiming that his guilty plea was not taken in accordance with federal constitutional standards...

  • United States v. Forte
    81 F3d 215
    Defendant raises the question whether the federal Sentencing Guidelines require a court to deny a defendant a sentence reduction for "acceptance of responsibility" when the defendant--while pleading g...

  • United States v. O Leggett
    81 F3d 220
    In contending that he was denied protections to which he was entitled under the Sixth Amendment, appellant Alvin Leggett makes three related claims: first, that the district court erred in allowing h...

  • Willmes v. United States
    82 F3d 421
    Richard M. Willmes, having pled guilty to conspiracy to manufacture and distribute methamphetamine, was sentenced to a prison term of 324 months and a five-year period of supervised release. His con...

  • Tidewater v. H
    82 F3d 411
    At the heart of the instant appeal lies a dispute concerning who once owned 93,000 tons of sand. The Tidewater Sand Company, as the lessee under the terms of an agreement with M & M Associates, ...

  • Cronin v. Town Of Amesbury
    81 F3d 257
    This case arises out of the decision of the Town of Amesbury, Massachusetts to fire Michael A. Cronin from his position as the Town's Chief of Police. The Town terminated Cronin for falsely denying ...

  • United States v. Harris
    82 F3d 411
    James Ralph Harris appeals his conviction and sentence after entering a guilty plea to one count of assaulting a United States postal carrier with intent to rob, 18 U.S.C.A. § 2114 (West Supp.199...

  • United States v. Hamilton
    81 F3d 652
    In November 1994, defendant-appellant Hamilton pleaded guilty, pursuant to a plea agreement. She stipulated to having purchased 40,000 tablets of ephedrine and two gallons of acetone to be used in t...

  • 15188b United States v. Jd Tedder
    81 F3d 549
    Pursuant to a plea agreement, Tedder pled guilty to one count of fraudulent use of a social security number, 42 U.S.C. § 408(a)(7)(B), and one count of aiding and abetting, 18 U.S.C. § 2 for...

  • Roy v. Gomez
    81 F3d 863
    This is an appeal from the denial of a petition for habeas corpus. Petitioner Kenneth Duane Roy challenges his state court convictions of robbery and first-degree murder for aiding and abetting a fel...

  • Von Flowers v. Jordan
    82 F3d 420
    William Von Flowers was convicted in Wisconsin state court of second degree sexual assault. He sought his first writ of habeas corpus in 1993. The district court denied the petition, and in Novemb...

  • United States v. Manera
    85 F3d 638
    MEMORANDUM Consolidated before us are the appeals of three defendants convicted in a single jury trial: Javier Reigos Manera ("Javier"), Eliazar Reigos Manera ("Eliazar"), and Ambrosio Pineda Duque ...

  • Ryan Operations Gp Nvr Lp Nvr v. Santiam Midwest Lumber Co Bright Wood Corp
    81 F3d 355
    Robert B. Cave, David G. Leitch(argued), Hogan & Hartson, Washington, DC, Richard F. Rinaldo, Meyer, Unkovic & Scott, Pittsburgh, PA, for Appellants Ryan Operations G.P.; NVR LP, and its Div...

  • United States v. Glosson
    83 F3d 416
    Patricia Dawn Glosson and Jonathan Keith Idema appeal their convictions and sentences resulting from a scheme to obtain merchandise from vendors by falsely representing their intent and ability to pay...

  • United States v. Agbon
    82 F3d 411
    Henry Billy Agbon pled guilty to a one-count indictment charging him with conspiracy to import more than 100 grams of heroin, 21 U.S.C.A. §§ 963, 960(b)(2)(A) (West Supp.1995), between June ...

  • Rizor v. United States Postal Service
    91 F3d 166
    Edwina C. Rizor appeals the decision of the Merit Systems Protection Board, Docket No. CH0752950040-I-1, affirming her removal from the United States Postal Service based on a charge of theft of promo...

  • Alzate Yepez v. United States
    82 F3d 403
    After careful review of the parties' briefs and the limited appellate record, we conclude that the district court properly denied appellant's 28 U.S.C. § 2255 petition. Appellant's claims fail ...

  • United States v. Bruen
    82 F3d 411
    Willie Bruen appeals from his convictions for distribution of cocaine and money-laundering. Finding no reversible error, we affirm. Willie Bruen and nine codefendants were named in a fourteen coun...

  • Six Obgyn Solutions Lc v. Six
    80 F3d 452
    In this case, the holder of a note secured by a mortgage filed a claim in bankruptcy giving credit for the amount bid at a judicial sale in the state foreclosure proceeding. Because the claim put the...

  • United States v. D Hatney
    80 F3d 458
    This appeal and cross-appeal arise from John D. Hatney's conviction after a jury trial for one count of receiving child pornography through the mails in violation of 18 U.S.C. § 2256, and one cou...

  • United States v. Adu
    82 F3d 119
    Early in this decade, Congress became concerned that the inflexibility of statutory mandatory minimum sentences was resulting in unjust punishments in some cases. Congress was particularly concerned...

  • United States v. Duck
    82 F3d 423
    Before: SCHROEDER and LEAVY, Circuit Judges, and TRIMBLE, District Judge. MEMORANDUM** Larry Richard Duck appeals from his conviction on two counts of willfully subscribing to false income tax ret...

  • Artway v. Attorney General Of State Of New Jersey
    81 F3d 1235
    Deborah T. Poritz (Argued) Attorney General of New Jersey, Joseph L. Yannotti, Assistant Attorney General, Rhonda S. Berliner-Gold, Larry Etzweiler, B. Stephan Finkel, Deputy Attorneys General, Trento...

  • United States v. Wells
    82 F3d 411
    Antoine Dwayne Wells, who pled guilty to five drug and firearm crimes, maintains that his plea and sentences should be vacated because the district court: (1) failed to act in a timely fashion on his...

  • Gamache v. J Cavanaugh B
    82 F3d 410
    Appellants, Michael J. Cavanaugh, Marilyn Johnson, and Robert B. Perry, appeal the district court's decision denying them Eleventh Amendment immunity and qualified immunity on appellee's claim that he...

  • 3
    101 F3d 682
    Gary B. Friedman, New York, N.Y. Elisa Rosario Marquez, pro se, Marianna, FL. Michael H. Handwerker, Handwerker, Honschke, Marchelos & Gayner, New York, N.Y. Bart G. Van De Weghe, Asst. U.S....

  • United States v. 3240000 In United States Currency Chaparro
    82 F3d 135
    Doris Chaparro challenges the forfeiture of proceeds from her drug trafficking on the theory the police illegally seized her. The district court did not clearly err when it concluded the police did ...

  • Johnson v. El Sparkman
    82 F3d 418
    Before: KENNEDY and COLE, Circuit Judges, and COHN, District Judge. Steven Johnson, a pro se Kentucky prisoner, moves for the appointment of counsel and appeals a district court judgment dismissing...

  • McDowell v. Immigration and Naturalization Service
    83 F3d 427
    MEMORANDUM Leslie Alexander McDowell, a native and citizen of Jamaica, petitions pro se for review of the decision of the Board of Immigration Appeals ("BIA") affirming the immigration judge's ("IJ")...

  • United States v. Lang
    81 F3d 955
    Souphaphone and Douangmala Lang were arrested as a result of the FBI's Violent Crime Task Force's surveillance of a mobile home in Wichita, Kansas, on November 29, 1994. The Task Force conducted the...

  • United States v. Cordero
    82 F3d 403
    A petit jury found defendant-appellant Humberto Prada Cordero (Prada) guilty, in absentia, of aiding and abetting the possession, with intent to deliver, of just under one kilogram of cocaine. The d...

  • Vaccaro v. Dobre Fpc
    81 F3d 854
    The issue in this case is whether, in a Bivens action, the plaintiff must serve the government as well as the individual defendants. We conclude that he need not. According to the complaint, Vacca...

  • Wang v. Reno
    81 F3d 808
    The district court found that United States officials and prosecutors engaged in an extraordinary pattern of misconduct that violated the Fifth Amendment due process rights of Wang Zong Xiao ("Wang"),...

  • United States v. L Krzeminski
    81 F3d 681
    Terry L. Krzeminski argues that the district court misapplied Sentencing Guidelines § 2K2.1(a) in calculating the base offense level for his firearm conviction under 18 U.S.C. § 922(g)(1). ...

  • Richardson v. Gomez
    83 F3d 428
    MEMORANDUM Harold L. Richardson, a former California state prisoner currently on parole, appeals pro se the district court's summary judgment in favor of defendant prison officials in Richardson's 42...

  • Harper v. United States District Court Rs Us C
    82 F3d 426
    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 Fe...

  • This v. Giordano
    101 F3d 682
    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 ORDE...

  • Patterson v. Kw Prunty
    83 F3d 428
    MEMORANDUM Kelvin E. Patterson, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. Following a jury trial, Patterson was convicted...

  • Renner v. State Of Oregon
    83 F3d 428
    MEMORANDUM Oregon state prisoner Curtis Alan Renner appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for burglary. Renner contends his cou...

  • United States v. C Bostic
    83 F3d 429
    MEMORANDUM Benn C. Bostic appeals his conviction following a conditional guilty plea for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1). Bostic contend...

  • United States v. Hampton
    83 F3d 429
    MEMORANDUM Alexander Hampton appeals his sentence following the entry of a guilty plea to possession with intent to distribute, and distribution of cocaine base in violation of 21 U.S.C. § 841(a...

  • United States v. Lewis
    83 F3d 429
    MEMORANDUM David Warren Lewis appeals the district court's denial of his 28 U.S.C. § 2255 motion. Following the entry of a guilty plea, the district court sentenced Lewis to consecutive terms ...

  • Scott v. J Tansy
    82 F3d 426
    After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a);...

  • United States v. Carillo
    83 F3d 429
    MEMORANDUM Marcelino Carillo appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to reduce his sentence. Carillo contends that his attorney rendered ineffective assistanc...

  • United States v. Vaughn
    80 F3d 549
    Maurice Vaughn allegedly sold crack cocaine to an undercover Drug Enforcement Administration agent on April 7, May 5, June 1, and August 20, 1992. Vaughn was indicted for the May and June sales in 1...

  • Evans v. Cowley
    82 F3d 425
    After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); ...

  • United States v. Neal
    83 F3d 429
    Defendant Albert Bruce Neal contends that the police search of his car cannot be justified as a search incident to arrest because he had already voluntarily exited his car before the police officers i...

  • United States v. Falvey
    83 F3d 429
    MEMORANDUM Kenneth Keith Falvey appeals his six-month sentence imposed following the entry of a guilty plea to possession of a counterfeit postal key, in violation of 18 U.S.C. § 1704. Falvey ...

  • Rodriguez v. City Of Simi Valley
    83 F3d 428
    MEMORANDUM Ralph Rodriguez appeals the district court's summary judgment for defendants in his 42 U.S.C. § 1983 action. Specifically, Rodriguez claims that defendants lacked probable cause to ...

  • Olguini v. Lewis Adoc
    83 F3d 428
    MEMORANDUM Arizona prisoner Alexander Olguini appeals pro se the district court's denial of his habeas corpus petition brought under 28 U.S.C. § 2254. Olguini contends that: (1) he was denied...

  • United States v. Weiss
    82 F3d 411
    Roy Daniel Weiss pled guilty, pursuant to a plea agreement, to three counts of bank robbery in violation of 18 U.S.C. §§ 2113(a), (d) (1988), and the use of a firearm in relation to a crime ...

  • United States v. Orallo
    83 F3d 430
    MEMORANDUM Federal prisoner Timothy Orallo appeals the district court's denial of his 28 U.S.C. § 2255 motion challenging his guilty plea conviction on double jeopardy grounds. We have jurisdi...

  • United States v. Omenwu
    83 F3d 430
    MEMORANDUM Federal prisoner Oliver Omenwu appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his guilty plea conviction for possession with intent to distribut...

  • Fisher v. N Jones
    83 F3d 426
    MEMORANDUM Anthony Fisher appeals the district court's dismissal of his 28 U.S.C. § 2254 petition challenging his conviction for robbery with personal use of a firearm. Fisher contends that th...

  • United States v. Perez Perez
    83 F3d 430
    MEMORANDUM Jose Luis Perez-Perez appeals his 18-month sentence following a guilty plea to distributing cocaine, in violation of 21 U.S.C. § 841(a)(1). Perez-Perez received a two-level minor ro...

  • Combs v. F Maass
    83 F3d 426
    MEMORANDUM Julian Harold Combs, an Oregon state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas petition. The district court dismissed Combs' petition wi...

  • Seafarers International Union Of North America v. United States Coast Guard
    81 F3d 179
    This case arises out of the Coast Guard's establishment of fees for maritime licensing, certification of registry, and merchant mariner documentation. In 1990, with the passage of section 10,401 of ...

  • United States v. Rojo Mendoza
    83 F3d 430
    MEMORANDUM Adrian Alberto Rojo-Mendoza appeals the district court's revocation of his supervised release from a 1993 conviction for illegally reentering the United States after his deportation. Roj...

  • Hough v. Immigration and Naturalization Service
    83 F3d 427
    MEMORANDUM Mark Gary Hough, a native and citizen of Great Britain, petitions pro se for review of the Board of Immigration Appeals' (the "BIA") decision affirming an immigration judge's ("IJ") denial...

  • Lake v. Hope
    83 F3d 427
    MEMORANDUM Michael A. Lake appeals pro se the denial of his habeas corpus petition brought under 28 U.S.C. § 2254. Lake contends that the district court erred by determining that his claims re...

  • Pratt v. Ylst
    83 F3d 428
    MEMORANDUM California state prisoner Larry Pratt appeals pro se the district court's denial of his habeas corpus petition. We have jurisdiction under 28 U.S.C. §§ 1291, 2253. We review ...

  • United States v. J Hoffman
    83 F3d 429
    MEMORANDUM Federal prisoner Ronald J. Hoffman appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction for illegally exporting defense technology. W...

  • United States v. J Conway
    81 F3d 15
    John J. Conway pled guilty to one count of conspiracy to defraud the American Honda Motor Company in violation of 18 U.S.C. §§ 1343 and 1346. He now appeals his sentence, specifically the ...

  • Hyatt v. Northrop Corporation
    80 F3d 1425
    Michael A. Hyatt, a former Northrop Corporation (Northrop) employee, brought suit against Northrop. Hyatt's claims included a qui tam action for violation of the False Claims Act (FCA) (31 U.S.C. &#...

  • Schnidrig v. Columbia Machine Inc
    80 F3d 1406
    Herman Schnidrig appeals the district court's grant of summary judgment in favor of Columbia Machine, Inc. ("Columbia") in Schnidrig's Age Discrimination in Employment Act ("ADEA") action alleging Co...

  • United States v. Reed
    80 F3d 1419
    This case presents the question of whether a judge may order restitution under the Victim Witness Protection Act, 18 U.S.C. §§ 3663-64, for conduct that is not an element of the offense of c...

  • Murphy v. H Dalton E C L Us W J
    81 F3d 343
    Michael E. Murphy ("Plaintiff"), formerly a captain in the United States Marine Corps Reserves, initiated an action in the district court challenging, inter alia, the authority of the United States Ma...

  • United States v. Blackwell
    81 F3d 945
    The district court sentenced Defendant Donald Keith Blackwell to fifteen months imprisonment for conspiring to distribute eight ounces of cocaine. Shortly thereafter, the court learned that Defendan...

  • United States v. Gomez
    81 F3d 846
    This case gives fresh meaning to the phrase, "I'm from the government and I'm here to help you. " * The facts alleged by the defendant, Steven Paul Gomez, are troubling. In late February or early Ma...

  • United States v. Bazel
    80 F3d 1140
    Ronald Bazel, Jr. appeals from his sentencing, based on a strained statutory interpretation argument. We affirm. * Bazel was targeted, along with Julie Carden, Kenneth "Tight" Sanders, and Tim Ben...

  • Anderson v. United States
    82 F3d 417
    Before: MERRITT, Chief Judge; MILBURN, Circuit Judge, and O'MALLEY, District Judge. Anthony Anderson, proceeding pro se, appeals a district court judgment denying his motion to vacate his sentence...

  • Haun v. Ideal Industries Inc
    81 F3d 541
    The jury found that Defendant Ideal Industries (Ideal) fired, and subsequently refused to rehire, Plaintiff Philip Haun (Haun) because of his age. Ideal appeals from the judgment rendered against it...

  • Meadowbriar Home For Children Inc v. Gb Gunn Corp L
    81 F3d 521
    Plaintiff Meadowbriar Home for Children ("Meadowbriar") is a non-profit corporation which planned to develop a treatment center for emotionally disturbed women in Harris County, Texas. In August 198...

  • United States v. Douglas
    81 F3d 324
    This appeal primarily concerns questioning of witnesses by jurors during the course of a criminal trial. The appeal is brought by Keith Douglas from the July 14, 1995, judgment of the District Court...

  • This v. Reukauf
    101 F3d 682
    ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed substantially for the reasons stated in Judge Curtin's o...

  • Beacham v. Annerino
    82 F3d 420
    Plaintiff Reginald L. Beacham filed civil rights claims, under 42 U.S.C. §§ 1983, 1985-1987, and under the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments, against two Cook County, Il...

  • This v. Brown
    101 F3d 682
    Defendant Patrick Brown appeals from an October 18, 1995 judgment of conviction entered in the United States District Court for the Eastern District of New York following a jury trial before David G. ...

  • Shelton v. Gudmanson
    82 F3d 420
    Melvin Shelton, currently confined at the Oshkosh Correctional Institution in Oshkosh, Wisconsin, brought this petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 challenging his 1987 ...

  • Dawes v. United States
    82 F3d 420
    Petitioner Donovan K. Dawes filed a petition to reduce or vacate his sentence, 28 U.S.C. § 2255, arguing that he should be permitted to withdraw his plea of guilty to conspiracy under 21 U.S.C. &...

  • Sharp v. United States
    82 F3d 421
    Stanley Sharp appeals the district court's denial of his motion under 28 U.S.C. § 2255 to correct his 114 month sentence entered on a plea of guilty. The essence of his claim is that he receive...

  • United States v. Prado
    82 F3d 421
    Arnold Prado, a federal prisoner, appeals from the district court's order granting in part and denying in part his motion under Fed.R.Crim.P. 36 to correct his judgment and commitment order. Prado p...

  • Aiken v. Ray
    82 F3d 422
    Before: HALL and TROTT, Circuit Judges and RAFEEDIE, District Judge. MEMORANDUM Appellee Cheryl Ray owns Earth Ray, a private enterprise which operates in the Washington State Penitentiary at Wall...

  • United States v. Eidson
    82 F3d 427
    The district court granted Defendant Dennis Reid Eidson's motion to suppress evidence flowing from a traffic stop when it concluded the stop was pretextual under United States v. Guzman, 864 F.2d 1512...

  • Johnson v. M Eaton
    80 F3d 148
    Defendants Eaton and White assert that the district court erred by (1) awarding "additional" damages under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692k, where no actual damag...

  • Mason v. United States
    82 F3d 418
    Before: MERRITT, Chief Judge; MILBURN, Circuit Judge, and O'MALLEY, District Judge. This pro se federal prisoner moves for pauper status on appeal from a district court judgment denying his motion...

  • Zuccasellini v. P Stone
    82 F3d 427
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10...

  • Anthony v. Jabe
    82 F3d 417
    Before: NELSON and RYAN, Circuit Judges, and SPIEGEL, District Judge. Walter E. Anthony, proceeding pro se, appeals a district court order denying his petition for a writ of habeas corpus filed und...

  • Martinez v. City Of Clinton Police Department
    82 F3d 426
    BRISCOE, Circuit Juge. 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 ...

  • Narayan v. Immigration and Naturalization Service
    82 F3d 423
    Before: THOMPSON and KLEINFELD, Circuit Judges, and WILSON, District Judge. MEMORANDUM Petitioner Shiu Narayan ("Narayan") is a 34 year old native of Fiji. On December 28, 1986, Narayan entered ...

  • This v. Rivers
    101 F3d 681
    Appeal from the United States District Court for the Northern District of New York. This cause came on to be heard on the transcript of record from the United States District Court for the Northern ...

  • Gilligan v. Department Of Labor
    81 F3d 835
    Gilligan appeals from a judgment entered after a court trial on his employment discrimination action against the Department of Labor (Department) under Title VII of the Civil Rights Act of 1964, 42 U....

  • Fetherolf v. Scott
    82 F3d 425
    After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a) ...

  • United States v. W Pullen W
    82 F3d 427
    Defendant James W. Pullen entered a conditional plea of guilty under Fed.R.Crim.P. 11(a)(2) to one count of unlawful possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g...

  • United States v. Stewart
    82 F3d 427
    ORDER AND JUDGMENT Defendant-Appellant Alonzo Kaven Stewart appeals from a judgment of conviction for possession of a firearm after former conviction of a felony in violation of 18 U.S.C. §§...

  • This v. O
    101 F3d 681
    Daniel O. Teyibo, Otisville, NY, pro se., for appellant. Amy E. Millard, Assistant United States Attorney for the Southern District of New York, New York, NY, for appellee. Before MAHONEY, WALKER,...

  • Faulder v. L Johnson
    81 F3d 515
    Petitioner appeals from denial of his petition for writ of habeas corpus seeking relief from his death sentence. We affirm. Petitioner, Joseph Stanley Faulder, is a Canadian citizen who was twice ...

  • Taylor v. K Waters
    81 F3d 429
    Clarence I. Taylor, Jr. brought this action pursuant to 42 U.S.C.A. § 1983 (West 1994), alleging that Investigator David K. Waters deprived him of rights guaranteed under the Fourth, Fifth, and F...

  • United States v. Donald Bw Evans
    82 F3d 427
    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. ...

  • Frazier v. A Coughlin Iii Rj F Ii A
    81 F3d 313
    Plaintiff-appellant Charles Frazier, an inmate in the custody of the New York State Department of Correctional Services, appeals from a decision of the United States District Court for the Northern Di...

  • United States v. Leo
    82 F3d 427
    After examining the briefs and appellate record, this panel on January 19, 1996, determined unanimously that oral argument would not materially assist the determination of this appeal and ordered the ...

  • Herrera v. New Mexico Department Of Corrections
    82 F3d 426
    After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a);...

  • United States v. C Strang
    80 F3d 1214
    Estaban F. Sanchez (argued), Office of U.S. Atty., Springfield, IL, for U.S. in No. 95-1198. George F. Taseff (argued), Peoria, IL, for Fred R. Strang. Francis C. Hulin, Estaban F. Sanchez (argued...

  • Jones v. Odea
    83 F3d 422
    Before: SUHRHEINRICH and SILER, Circuit Judges, and ALDRICH, District Judge. Sherman Jones, a pro se Kentucky prisoner, appeals a district court judgment dismissing his petition for a writ of habea...

  • Duarte v. United States
    81 F3d 75
    Bienvenido Duarte is serving a sentence of 180 months' imprisonment for distributing cocaine. United States v. Duarte, 950 F.2d 1255 (7th Cir.1991), after remand, 1 F.3d 644 (1993). In this collat...

  • United States v. Mills
    82 F3d 427
    Devaney Mills was convicted by a jury of one count of assault in Indian Country involving serious bodily injury. He appeals the district court's denial of two of his motions in limine which sought t...

  • United States v. Dezeler
    81 F3d 86
    Mark Robert Dezeler (Dezeler) appeals the district court's order denying his motion to dismiss his indictment. Because Dezeler was not brought to trial within seventy days of his arraignment, as cal...

  • 2
    101 F3d 681
    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. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED...

  • United States v. Castellanos
    81 F3d 108
    Yolanda Barrera, Los Angeles, California, for defendant-appellant Jose Castellanos. Richard E. Drooyan, Assistant United States Attorney, Ellyn Marcus Lindsay, Assistant United States Attorney, Los ...

  • United States v. Wu
    81 F3d 72
    Sik Kin Wu and his wife were convicted of failing to pay federal income taxes on $1.4 million that they skimmed from their closely-held corporation, American Asian, Inc. ("American Asian"). The dis...

  • United States v. Salemo
    82 F3d 424
    MEMORANDUM Because the parties are familiar with the facts of this case, they will not be repeated here. In his pro se brief, Salemo raises a number of issues and subissues. We discuss each under...

  • United States v. Macleod
    80 F3d 860
    Defendant John MacLeod pled guilty to two crimes: inducing minors to engage in sexual activity for the purpose of producing child pornography, and transporting minors across state lines with the inte...

  • Equal Employment Opportunity Commission v. Local
    81 F3d 1162
    As this case approaches its twenty-fifth birthday, it is before us for a fourth time. In July 1993, Plaintiff-appellee City of New York (the "City") moved for contempt or a modification of the distr...

  • United States v. Miller
    82 F3d 411
    Appellant appeals from the district court's orders denying his 28 U.S.C. § 2255 (1988) motion and denying his motion for reconsideration. We have reviewed the record and the district court's op...

  • United States v. Petty
    80 F3d 1384
    Before imposing sentence, the court must:(A) verify that the defendant and defendant's counsel have read and discussed the presentence report ... [and] give the defendant and the defendant's counsel a...

  • Aruta v. Immigration and Naturalization Service
    80 F3d 1389
    Vivian Calabio Aruta, a national and citizen of the Philippines, petitions for review of a Board of Immigration Appeal ("BIA") decision denying her applications for asylum and withholding of deportati...

  • This v. Delgado Saenz
    101 F3d 681
    This cause came to be heard on the transcript of record from the United States District Court for the Eastern District of New York and was argued. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJ...

  • United States v. H Stavig
    80 F3d 1241
    Mikkel H. Stavig appeals his sixty-month sentence imposed after he pleaded guilty to possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1994). He argues that t...

  • United States v. Alkire
    82 F3d 411
    Christopher L. Alkire appeals from a district court order denying his 28 U.S.C. § 2255 (1988) motion. We affirm. Alkire's complaint that he is being moved to a federal prison outside West Vir...

  • United States v. Bailey
    82 F3d 418
    Before: KENNEDY and COLE, Circuit Judges, and COHN, District Judge. Robert Eugene Bailey, a federal prisoner, appeals the sentence imposed by the district court following his guilty plea to one cou...

  • United States v. Romo
    81 F3d 84
    Under the "safety valve" exception to statutory minimum sentences, a drug defendant may be given a more lenient sentence within the otherwise applicable guidelines range if, among other things, the de...

  • Taylor v. Ll Young
    82 F3d 427
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10...

  • United States v. Dunn
    80 F3d 402
    In an unpublished memorandum disposition we affirm Jerry Wayne Dunn's conviction of two counts of illegal firearm possession and the conviction following his plea of guilty to one count of possessing ...

  • United States v. Dunn
    82 F3d 424
    MEMORANDUM Jerry Wayne Dunn appeals his jury conviction of two counts of illegal firearms possession, his plea of guilty to one count of possessing methamphetamine, and his sentence. The government...

  • San Pedro v. United States M L W
    79 F3d 1065
    This case arises out of a dispute concerning the scope of a plea agreement between the United States government and Alberto San Pedro ("San Pedro") and representations made by the government during pl...

  • United States v. Teran
    82 F3d 424
    MEMORANDUM Jesus Blanco Teran, convicted by guilty plea of accepting a bribe in connection with the issuance of a border crossing card in violation of 18 U.S.C. § 201(b)(2)(A), appeals his 120-m...

  • United States v. Thirty Nine Thousand Eight Hundred Seventy Three and No100 Dollars
    80 F3d 317
    Vernell Armfield appeals from a judgment of forfeiture against a sum of cash found in his possession. We affirm the judgment of the district court. Federal law makes subject to forfeiture all mone...

  • United States v. Singleton
    82 F3d 424
    MEMORANDUM The United States appeals the sentence reduction granted by the district court to Melody Rochelle Singleton. The court found that the government denied Singleton a § 5K1.1 downward ...

  • United States v. Baucum
    80 F3d 539
    In his petition for rehearing, Patrick Baucum for the first time argues that his commerce clause challenge to the constitutionality of the "schoolyard statute" goes to the court's subject matter juris...

  • Grabowski v. Jackson County Public Defenders Office
    79 F3d 478
    Before the en banc court is the second appeal by Roderick John Grabowski of the dismissal of his complaint against Jackson County, Mississippi, in which he invoked 42 U.S.C. § 1983 claiming vario...

  • Ramirez v. R Reagan
    82 F3d 423
    Before: HALL and BRUNETTI, Circuit Judges, and WEINER, District Judge. MEMORANDUM Armando Ramirez, an Hispanic inmate at California's Pelican Bay State Prison, sued under 42 U.S.C. § 1983, al...

  • Anderson v. Secretary Of Health and Human Services
    80 F3d 1500
    Ted D. Blanchard (Robert J. Debry and Edward T. Wells of Robert J. Debry & Associates, Salt Lake City, Utah, on the briefs), for Plaintiff-Appellant. Stephen J. Sorenson, Assistant United States...

  • Bigpond v. Champion
    82 F3d 425
    Petitioner David James Bigpond, Jr., a state prisoner proceeding pro se, brought a 28 U.S.C. § 2254 petition for a writ of habeas corpus attacking his conviction in Oklahoma state court for robbe...

  • Vasquez v. W Zavaras L L
    82 F3d 427
    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. ...

  • Williams v. K Delo
    82 F3d 781
    The district court denied Doyle J. Williams's third habeas petition and the Missouri Supreme Court scheduled his execution for April 10, 1996. Following the Supreme Court's order vacating this court...

  • Gragg v. R McKune Mj and Hr El A 1
    82 F3d 425
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10...

  • Johnson v. Miller
    82 F3d 420
    Johnson appeals from the district court's denial of his petition for habeas corpus, 28 U.S.C. § 2254. The district court made findings regarding six broad issues. First, the district court co...

  • United States v. Bivens
    82 F3d 419
    Defendant Verlin Bivens bases this appeal of his jury conviction upon, inter alia, violation of both his Sixth Amendment speedy trial right and the Speedy Trial Act, 18 U.S.C. §§ 3161-3174 (...

  • United States v. Frankhauser
    80 F3d 641
    Appellant Roy Frankhauser (Frankhauser) appeals his convictions and sentence for corruptly persuading a witness to destroy or conceal objects with intent to impair their availability for use in an off...

  • United States v. Warner
    82 F3d 419
    Defendant Steve Warner appeals his convictions for conspiracy to distribute LSD, distribution of LSD, and aiding and abetting the distribution of LSD. Defendant argues that the District Court's impr...

  • United States v. Shamaeizadeh
    80 F3d 1131
    Sean Connelly (argued and briefed), U.S. Dept. of Justice, Criminal Division, Washington, DC, for U.S. David R. Marshall (argued and briefed), Lexington, KY, for Ali Shamaeizadeh. Joe A. Jarrell (...

  • United States v. Quinonez Terrazas
    86 F3d 382
    Pablo Quinonez-Terrazas ("Quinonez") pleaded guilty to one count of reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to U.S.S.G. § 2L1.2, the presentence report added s...

  • United States v. Morris
    82 F3d 419
    Defendant Morris pleaded guilty to attempting to possess cocaine with intent to distribute, in violation of 21 U.S.C. § 846, and carrying and using a firearm in relation to a drug trafficking cri...

  • United States v. Schinnell
    80 F3d 1064
    Pursuant to a plea agreement, defendant-appellant Shawnee Louise Schinnell (Schinnell) pleaded guilty to one count of wire fraud in violation of 18 U.S.C. § 1343, while preserving her right to ap...

  • Hill v. E Jones
    81 F3d 1015
    Walter Hill, an Alabama inmate convicted of capital murder and sentenced to death, appeals the district court's denial of his petition for a writ of habeas corpus. Finding the district court did not ...

  • United States v. E Bazy
    82 F3d 427
    The parties have agreed that this case may be submitted on the briefs. After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materia...

  • United States v. W Lovell
    81 F3d 58
    Dennis W. Lovell, an employee of the First Interstate Casualty Company, was indicted in the Southern District of Illinois for a single count of wire fraud, in violation of 18 U.S.C. § 1343. Lov...

  • United States v. G Randazzo
    80 F3d 623
    Robert Randazzo was president and majority shareholder of New England Shrimp Company ("the Company"), a Massachusetts corporation that imported, processed, and distributed shrimp. In February 1994, a...

  • United States v. Sanchez
    81 F3d 9
    This is a sentencing case. Defendant-appellant Angel Sanchez was indicted under 21 U.S.C. § 841(a)(1) on five counts of possessing and distributing cocaine base--"crack cocaine." He entered i...

  • Selsor v. W Kaiser
    81 F3d 1492
    Petitioner-Appellant Michael B. Selsor appeals from the district court's denial of his petition for a writ of habeas corpus. The judge rejected Selsor's constitutional claim of denial of effective a...

  • Cullum v. Patrick Whalen
    81 F3d 172
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10...

  • United States v. Magana Guerrero
    80 F3d 398
    Magana, by contrast, doesn't dispute he lied to the pretrial services officer about his prior convictions, or that he failed to correct the lie when he met with the probation officer. His principal ...

  • United States v. H Fife
    81 F3d 62
    Once upon a time, the names of crimes were descriptive of the underlying criminal conduct they defined. One did not need a law degree to have a fairly good idea about what it meant to be convicted o...

  • Higgins v. United States
    81 F3d 149
    Rosa Higgins appeals from the district court's order dismissing her action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671--2680 (1988), for lack of subject matter jurisdiction. We fi...

  • Burton v. Dodd
    82 F3d 417
    This is an appeal from an order granting summary judgment in favor of the defendants in a case brought under 42 U.S.C. § 1983. The appeal turns primarily on the question whether the plaintiffs,...

  • United States v. Beavers
    81 F3d 151
    Appellants Armon O'Neal Beavers and Larry Thomas Williams entered into plea agreements with the United States Attorney for the Western District of Virginia. Williams pled guilty to Count 1 in the in...

  • Salmeron Martinez v. Immigration and Naturalization Service
    82 F3d 423
    MEMORANDUM Alejandro Dolores Salmeron-Martinez, his wife Maritza Pineda-Laguna, and their minor son Willmer Dolores Salmeron-Pineda, all natives and citizens of Nicaragua, petition this court for rev...

  • United States v. Moeller B
    80 F3d 1053
    Defendants Mike Moeller, Peter McRae and Billie Quicksall were convicted on multiple counts of bribery, misapplication of state funds, and a single count of conspiracy to commit those unlawful acts. ...

  • United States v. T Hartman
    81 F3d 152
    John Darrell T. Hartman was convicted by a jury of three counts of theft of government funds, 18 U.S.C.A. § 641 (West Supp.1995), and was sentenced to a term of nine months imprisonment. Hartma...

  • United States Of America v. Gilleylen
    81 F3d 70
    July 9, 1994, was not a good day for Lester O'Neal Gilleylen. To start with, police in Carbondale, Illinois, stopped his 1995 Mustang for a traffic violation. After the stop, a loaded semi-automat...

  • Alexander v. F Maass
    82 F3d 422
    Before: HUG, Chief Judge, GOODWIN, Circuit Judge, and SCHWARZER, District Judge. MEMORANDUM In 1985, Willie D. Alexander was convicted by an Oregon Circuit Court of possessing a firearm as an exco...

  • United States v. J Randy
    81 F3d 65
    Michael Randy appeals from his sentence for mail fraud and RICO violations. He was sentenced to 189 months in prison, 5 years supervised release, a fine of $5,000; restitution of $500,000 was order...

  • Guzman v. Scully
    80 F3d 772
    This appeal raises the issue of whether the exclusion of a defendant's family members and friends during part of the examination of a prosecution witness was sufficiently justified to comport with the...

  • Greene v. B Reeves G J Iii
    80 F3d 1101
    Michael L. Parsons (briefed), Gracey, Ruth, Howard, Tate & Sowell, Nashville, TN, Joe F. Childers (argued), Lexington, KY, for David A. Greene and Starna Hill. Marianna Jackson Clay, Asst. U.S. ...

  • Wmx Technologies v. Miller
    80 F3d 1315
    WMX Technologies, Inc. ("WMX"), formerly known as Waste Management, Inc., and its wholly-owned subsidiary, Waste Management of California, Inc. ("Waste Management"), appeal from the district court's...

  • United States v. Burke
    80 F3d 314
    Once again, we deal with a sentencing appeal in which an Assistant U.S. Attorney failed to comply with our cases holding that, when fact statements in a presentence investigative report (PSR) are chal...

  • United States v. Labbous
    82 F3d 419
    Defendants appeal their jury convictions and sentences for conspiracy, theft from interstate shipment, and other crimes relating to interstate transportation of stolen tires. For the following reaso...

  • Rojas v. United States A Robinson Munoz
    81 F3d 147
    Eduardo Robinson-Munoz and Abel Rojas appeal from the district court's summary denial of their motions under 28 U.S.C. § 2255. We affirm. Robinson challenges his conviction after a jury trial...

  • Harrison v. Metropolitan Government Of Nashville and Davidson County Tennessee
    80 F3d 1107
    The defendant, Metropolitan Government of Nashville and Davidson County, Tennessee (Metro), appeals from a judgment of the district court entered on June 14, 1994, finding it in contempt of a 1982 con...

  • Wainwright v. Al Lockhart Wainwright
    80 F3d 1226
    Kirt Douglas Wainwright, an Arkansas death row inmate, appeals the district court's partial denial of his habeas petition. We affirm. The State of Arkansas cross-appeals the partial grant of habea...

  • United States v. Baker
    82 F3d 418
    On April 7, 1992, Clyde Harbin, handler of a narcotics sniffing dog [hereinafter "Jake"] was working Jake at the Federal Express air terminal facility in Memphis, Tennessee. As they worked, Jake ale...

  • Leon Ayala v. United States
    82 F3d 403
    Petitioner challenges the denial of a motion under 28 U.S.C. § 2255 to vacate or correct his sentence. We affirm. Petitioner was convicted by a jury, along with his codefendants, of conspirin...

  • United States v. C Jeffries
    82 F3d 419
    Defendant was charged in a five-count indictment with conspiracy to possess with intent to distribute more than fifty grams of cocaine base, possession with intent to distribute more than fifty grams ...

  • Thomasson v. J Perry H
    80 F3d 915
    Former Navy Lieutenant Paul G. Thomasson challenges the constitutional validity of Section 571 of the National Defense Authorization Act for Fiscal Year 1994, 10 U.S.C. § 654, and the Department ...

  • United States v. Tsosie
    81 F3d 171
    MEMORANDUM Ronald Lee Tsosie appeals his jury conviction and sentence for assault with a dangerous weapon with the intent to do bodily harm, in violation of 18 U.S.C. §§ 1153 and 113(c); a...

  • Hickman v. Block
    81 F3d 98
    Douglas Ray Hickman appeals from an order granting summary judgment in favor of the appellees, who denied Hickman a concealed weapons permit. He complains, among other things, that the appellees' pe...

  • United States v. Schreier
    81 F3d 173
    Gayle and Irwin Schreier appeal the district court's denial of their petition for writ of error coram nobis filed pursuant to the All Writs Act, 28 U.S.C. § 1651(a). We affirm. Appellants wer...

  • United States v. Day
    81 F3d 171
    MEMORANDUM Sharon Mabel Day and Thomas H. Hutchens were both convicted of one count of conspiracy to commit wire fraud in violation of 18 U.S.C. § 371, one count of mail fraud in violation of 18...

  • United States v. R Smith
    80 F3d 1188
    A jury convicted the defendant of theft of an interstate shipment, interstate transportation of a stolen vehicle, and interstate transportation of stolen goods. He appeals his conviction on the grou...

  • Steward v. D Gilmore
    80 F3d 1205
    Levie Steward appeals the denial of his habeas corpus petition, in which he alleges ineffective assistance of trial, appellate and post-conviction counsel; invalidity of his guilty plea; cruel and u...

  • United States v. A Cuffie
    80 F3d 514
    Appellant John A. Cuffie appeals from his convictions of possession with intent to distribute cocaine base and conspiracy to possess and distribute cocaine base, as well as from the denial of his moti...

  • United States v. Morin
    80 F3d 124
    Andrew Scott Morin was convicted of murder-for-hire, 18 U.S.C. § 1958(a), and sentenced to 21 months imprisonment. Morin contends that because the murder would have taken place outside the Unit...

  • United States v. Woods
    82 F3d 419
    Before: NORRIS and SUHRHEINRICH, Circuit Judges, and WELLS, District Judge. Lorenzo Woods, a federal prisoner, appeals the sentence imposed following his guilty plea to one count of possessing with...

  • United States v. W Barber
    80 F3d 964
    Norwood W. Barber and his wife, Linda K. Barber, were convicted of laundering cash proceeds from the sale of marijuana, in violation of 18 U.S.C. § 1956. On appeal they challenge mainly the dis...

  • United States v. Hardwell
    80 F3d 1471
    Dennis Hardwell, Marcel Hardwell, Frederick Bowens, and Adam Stallings appeal their convictions of conspiracy; Dennis and Marcel appeal their convictions of money laundering; and Dennis appeals his ...

  • United States v. Casper
    81 F3d 170
    MEMORANDUM Ronald Casper appeals the district court's denial of his motion to dismiss as time-barred 22 counts of mail fraud in violation of 18 U.S.C. § 1341, and one count of equity skimming, i...

  • United States v. Corrales Montanez
    81 F3d 170
    MEMORANDUM Jesus Corrales-Montanez appeals from his conviction and sentence for attempting to possess with the intent to distribute ten pounds of methamphetamine. We have jurisdiction over this tim...

  • United States v. Fitzen
    80 F3d 387
    Dwayne Keith Fitzen appeals pro se the district court's partial denial of his Fed.R.Crim.P. 41(e) motion for return of property seized during the investigation by state and federal officials leading t...

  • United States v. Walls
    81 F3d 152
    Emzy Monroe Walls pled guilty in November 1991 to conspiracy to possess methamphetamine and marijuana with intent to distribute. 21 U.S.C.A. § 841 (West 1981 & Supp.1995). His offense invo...

  • United States v. Corbett
    81 F3d 166
    Terry Michael Corbett appeals the judgment of conviction the district court entered upon his guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Relyi...

  • United States v. L Drollinger
    80 F3d 389
    Robert Drollinger appeals a district court order remanding him to custody for civil contempt for failing to comply with two Internal Revenue Summonses. We vacate the order and remand for further proc...

  • Hickman v. Block
    81 F3d 168
    Before: HALL and JOHN T. NOONAN, Jr., Circuit Judges, and SHUBB, District Judge. MEMORANDUM Douglas Ray Hickman appeals from an order granting summary judgment in favor of the appellees in his act...

  • United States v. Imes
    80 F3d 1309
    This appeal requires us to consider the impact of two recent Supreme Court opinions, Staples v. United States, --- U.S. ----, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994), and Bailey v. United States, --- U...

  • Renshaw v. Us Probation
    84 F3d 432
    AFFIRMED. ...

  • Zaputil v. Mindel
    80 F3d 394
    In this case, we must decide whether a crime victim has standing to challenge a district court's order rescinding criminal restitution payments being made under the Victim & Witness Protection Act...

  • United States v. Camargo
    82 F3d 419
    This is a drug case in which the defendant appeals both his conviction and his sentence. As to the conviction, the defendant contends that the trial court erred by (1) denying a motion to dismiss th...

  • United States v. J Garibay
    81 F3d 171
    MEMORANDUM Francisco Javier Garibay pleaded guilty as charged to distributing methamphetamine in violation of 21 U.S.C. § 841(a)(1). He now challenges his sentence. We affirm. On October 2...

  • United States v. W Sharp Iii
    81 F3d 147
    Defendant-appellant, John W. Sharp, III, challenges the district court's imposition of a two-level upward adjustment to his sentence for violating 18 U.S.C. § 1503 (attempted obstruction of justi...

  • Chang v. Chen C
    80 F3d 1293
    Ming-Chu Chang, Kang-Jye Chen, Ching-Chieh Chang and A.C.I. Trading, Inc. (collectively "Appellants") appeal a district court decision that dismissed their second amended complaint without leave to a...

  • United States v. Edmonds
    80 F3d 810
    A federal jury convicted appellant Theodore Edmonds of violating the Continuing Criminal Enterprise statute ("CCE"), 21 U.S.C. § 848, which makes it a crime to organize, supervise, or manage five...

  • International Star Class Yacht Racing Association v. Tommy Hilfiger Usa Inc
    80 F3d 749
    This appeal involves the availability of monetary relief and attorney fees in a trademark infringement action brought under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1994). The Inter...

  • Sanchez Morfin v. Immigration and Naturalization Service
    85 F3d 637
    AMENDED MEMORANDUM and ORDER * Petitioner's record of drug abuse and criminal activity provided substantial evidence for the Board's decision to require Sanchez-Morfin to show unusual or outstanding ...

  • United States v. Broussard
    80 F3d 1025
    Ursula Broussard ("Broussard"), Ruth Castro, Raphael Castro, Claude Merritt ("Merritt"), and Romel Torres ("Torres") appeal from their convictions on various charges stemming from their participation ...

  • United States v. Jones
    80 F3d 436
    Ronald Dean Anderson and Jimmy Ray Jones each pled guilty to counts arising out of a drug-trafficking enterprise. Mr. Anderson pled guilty to conspiracy to possess and to distribute methamphetamine,...

  • National Labor Relations Board v. Katzs Delicatessen Of Houston Street Inc
    80 F3d 755
    Our subject is labor relations at Katz's Delicatessen, a landmark rough-and-ready eating establishment on Houston (famously pronounced by generations of New Yorkers as "House-ton") Street, in the nort...

  • Martinez Villareal v. Lewis
    80 F3d 1301
    Arizona state prisoner Ramon Martinez-Villareal appeals the district court's rejection of his petition for writ of habeas corpus on issues relating to the guilt phase of his murder trial in the Arizon...

  • United States v. Fenton
    81 F3d 152
    Keith Doss Fenton entered a guilty plea to one count of distributing crack cocaine, 21 U.S.C.A. § 841 (West 1981 & Supp.1995), and was sentenced to a term of 70 months imprisonment. He appe...

  • Vice v. Moore
    82 F3d 419
    Phillip Vice, a pro se Kentucky 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 co...

  • Love v. State Of California
    81 F3d 169
    MEMORANDUM Duane Love appeals the district court's judgment denying him relief under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. We have jurisdiction over this appeal ...

  • United States v. A Spiva
    82 F3d 419
    On January 5, 1995, Samuel Spiva was convicted on one count of possession with intent to distribute cocaine. Because he had previously been convicted of another drug felony, Spiva was sentenced to t...

  • United States v. Bentley
    82 F3d 419
    This is a direct appeal from the imposition of a second criminal sentence pursuant to a remand from this court for that purpose. The parties have agreed to waive oral argument and, upon examination,...

  • Hosna v. Groose
    80 F3d 298
    Joseph Hosna, Donald Miller, Kelly Neal, Max D. Miller, and Robert Arnold (the Inmates) are prisoners housed in Missouri's Jefferson City Correctional Center's (JCCC) administrative segregation unit. ...

  • United States v. H Carr
    82 F3d 419
    Before: NORRIS and SUHRHEINRICH, Circuit Judges, and WELLS, District Judge. Steven H. Carr, a federal prisoner, appeals his judgment of conviction on one count of possessing illegal firearms in vio...

  • United States v. Benson
    81 F3d 170
    MEMORANDUM Michael Benson was convicted of and sentenced for wire fraud and conspiracy. In a joint trial, Alexander Peter Steblowsky was convicted of and sentenced for wire fraud; however, the jur...

  • Saaty v. L Morris
    82 F3d 418
    Before: NORRIS and SUHRHEINRICH, Circuit Judges, and WELLS, District Judge. Muhammad Saaty (aka Mohammed Saaty, aka Muhammed Saaty), a pro se Ohio prisoner, appeals a district court judgment dismis...

  • Habiger v. City Of Fargo
    80 F3d 289
    WHITE, Associate Justice (Ret.). Plaintiff-Appellant David A. Habiger ("Habiger") appeals from the district court's entry of partial summary judgment and a jury verdict against him in his Section 19...

  • Rogers v. United States
    82 F3d 418
    Before: NORRIS and COLE, Circuit Judges, and HULL, District Judge. This is an appeal from a decision to deny a motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. This case has bee...

  • United States v. Peebles
    80 F3d 278
    Renardo Peebles challenges the District Court's denial of his motion to withdraw his guilty plea and his sentence. We affirm. In accordance with a written plea agreement and stipulation of facts, ...

  • Gray v. United States
    82 F3d 418
    Before: NORRIS and SUHRHEINRICH, Circuit Judges, and WELLS, District Judge. Anthony Gray appeals a district court order denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255...

  • Marcum v. McAninch
    82 F3d 418
    Before: NORRIS and COLE, Circuit Judges, and HULL, District Judge. Robert Marcum, a pro se Ohio state prisoner, appeals a district court judgment denying his petition for a writ of habeas corpus fi...

  • Crislip v. Shanks Nm
    81 F3d 172
    Defendants-appellants are various employees of the Western New Mexico Correctional Facility. In 1989, plaintiff-appellee Patrice Crislip, then an inmate in that institution, filed a complaint agains...

  • United States v. Wyatt
    81 F3d 173
    Defendant-appellant Michael Wyatt appeals from his sentence of ten months' imprisonment and thirty-six months' supervised probation following a guilty plea for conspiracy to commit wire fraud in viola...

  • Roberts v. Bears
    81 F3d 173
    ORDER AND JUDGMENT Plaintiff-appellant Leonard Renal Roberts appeals in forma pauperis the granting of summary judgment for defendants in his 42 U.S.C. § 1983 action brought pro se against sever...

  • United States v. E Smith
    81 F3d 1147
    This appeal was heard on the record from the United States District Court for the District of Columbia and on the briefs and arguments of counsel. The court has accorded the arguments full considera...

  • United States v. Hines
    82 F3d 419
    Dale Hines appeals a district court judgment of conviction and sentence. The parties have waived oral argument and this panel unanimously concludes that oral argument is not needed. Fed.R.App.P. 3...

  • United States v. E Lamb
    82 F3d 420
    Following a jury trial, Helen Jackson, Necole Lamb, Donald Lamb, and Ruby Lamb were convicted of (among other offenses) using a firearm in relation to their cocaine distribution conspiracy, in violati...

  • United States v. Dominique
    81 F3d 151
    Marie Dominique pled guilty to possession of crack cocaine with intent to distribute, 21 U.S.C.A. § 841 (West 1981 & Supp.1995), and was sentenced to a term of 151 months imprisonment. She ...

  • United States v. Davis
    81 F3d 151
    Tyrone John Davis pled guilty to conspiracy to distribute more than 50 grams of crack cocaine, 21 U.S.C.A. § 846 (West Supp.1995), and was sentenced to a term of 140 months imprisonment. His at...

  • United States v. Braithwaite
    81 F3d 151
    Trevor Braithwaite appeals his conviction and sentence on a jury verdict of knowing possession of a firearm by a convicted felon, in violation of 18 U.S.C.A. § 922(g) (West Supp.1995). Braithwa...

  • Thorpe v. Retirement Plan Of Pillsbury Company
    80 F3d 439
    Defendants, the retirement and welfare plans of Pillsbury Company ("Pillsbury") and the American Federation of Grain Workers (AFL-CIO-CLC) ("Union"), appeal the district court's order granting summary...

  • United States v. D Burney
    81 F3d 1147
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented...

  • United States v. Sharp
    81 F3d 152
    Lyle Sharp pled guilty to maintaining a place for the distribution of crack cocaine, 21 U.S.C. § 856(a)(1) (1988). He was sentenced to serve a term of 37 months imprisonment. Sharp appeals th...

  • United States v. Gunaratna
    81 F3d 152
    Appellant appeals from the district court's order denying his 28 U.S.C. § 2255 (1988) motion. Appellant alleges that a term of supervised release included as part of his sentence was improper u...

  • United States v. Green
    81 F3d 152
    Daryl Green appeals from a district court judgment entered pursuant to his guilty plea convicting him of distributing cocaine base, in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(A) (1988). ...

  • United States v. Hofmann
    81 F3d 166
    Josef Hofmann appeals his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g), and the resulting 120-month sentence he received, following a jury trial bef...

  • United States v. Sinisterra
    81 F3d 152
    Pablo Eugenio Sinisterra, a Columbian citizen and a resident of Texas, entered a guilty plea to one count of possession of cocaine with intent to distribute, 21 U.S.C.A. § 841 (West 1981 & Su...

  • Benjamin v. United States
    82 F3d 420
    Petitioner Bruce Benjamin's vehicle was seen weaving just prior to its departure from the road. When law enforcement personnel approached the vehicle, they saw three rifles and two shotguns lying in...

  • McCullough v. State Farm Fire and Casualty Company
    80 F3d 269
    Appellee Leo McCullough insured his videotape rental business, Video Unlimited, against fire and theft under a policy issued by appellant State Farm Fire and Casualty Company (State Farm). McCulloug...

  • United States v. Wilhelm
    80 F3d 116
    Appellant Lauren Eric Wilhelm appeals the district court's denial of his motion to suppress evidence seized under a search warrant. State police obtained the warrant based only on a vague tip from a...

  • United States v. Samuel
    81 F3d 1147
    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 ...

  • Mack v. A Peters Iii
    80 F3d 230
    Convicted murderer Terrance Mack seeks a writ of habeas corpus which the district court denied. While a member of the Black Gangster Disciples gang, Mack attempted to murder an adversary who had "di...

  • Tuggle v. Jd Netherland
    79 F3d 1386
    In Ake v. Oklahoma, 470 U.S. 68, 83, 105 S.Ct. 1087, 1096, 84 L.Ed.2d 53 (1985), the Supreme Court held, inter alia, that when the prosecutor in a capital sentencing hearing presents psychiatric evide...

  • United States v. W Lilly
    80 F3d 24
    William Lilly appeals the denial of his motion in the district court, brought under 28 U.S.C. § 2255 and the prior version of Fed.R.Crim.P. 35(a), seeking relief as to sentence. 1] In substance,...

  • This v. Senkowski
    101 F3d 681
    1. Petitioner-appellant Dennis Powell appeals from a judgment entered April 21, 1995 that dismissed his petition for habeas corpus pursuant to 28 U.S.C. § 2254. On July 28, 1995, this Court gran...

  • Davis v. E Williams W L W
    81 F3d 149
    James T. Davis filed a 42 U.S.C. § 1983 (1988) complaint on December 3, 1993, raising several constitutional violations resulting from suspensions of his driver's license by the Virginia Departme...

  • Petit v. C Fessenden Petit
    80 F3d 29
    Plaintiff Catherine Duffy Petit, a chapter 11 debtor, appeals from a district court judgment affirming a bankruptcy court order allowing the chapter 11 trustee to reconvene a meeting of creditors seve...

  • United States v. Hamilton
    81 F3d 173
    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...

  • One National Bank v. M Antonellis
    80 F3d 606
    In this legal malpractice action, appellant-plaintiff One National Bank ("ONB" or "One National") appeals the district court's entry of summary judgment for appellee-defendant Joseph M. Antonellis ("A...

  • United States v. C Olivo
    80 F3d 1466
    Arnulfo Olivo filed a petition for rehearing, seeking rehearing on two issues--the admission of subsequent bad act evidence and the limitation placed upon Olivo's impeachment of Lonnie Vaughan. He a...

  • United States v. Thompson
    80 F3d 368
    Dana Thompson appeals the district court's decision not to reduce her offense level for acceptance of responsibility. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. On November...

  • Robson v. Hallenbeck J Robson
    81 F3d 1
    The plaintiffs, J. Donald and Sandra Robson, brought suit against Gilman Hallenbeck and Dan DiCarlo, alleging that the defendants breached fiduciary duties owed to the Robsons, administered a trust in...

  • Clark v. Floyd Fci
    80 F3d 371
    Lee Norman Clark filed a petition for habeas corpus under 28 U.S.C. § 2241 in district court. The district court denied Clark's petition on the merits, and Clark appeals. He contends that tim...

  • Cardinal v. Gorczyk
    81 F3d 18
    On April 28, 1988, after a second trial in the Vermont District Court, a jury convicted Anthony Cardinal of sexually assaulting his seventeen-year-old daughter; the jury in Cardinal's first trial had...

  • Newman v. H Mauney T
    81 F3d 150
    Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. Appellant raised five claims in his petition: (1) his guilty plea was neither knowi...

  • United States v. Sullivan
    81 F3d 152
    Bradley Sullivan appeals his 120-month sentence imposed pursuant to his guilty plea to conspiracy to possess with intent to distribute ten grams or more of LSD. The court sentenced Bradley under 21 U...

  • United States v. McGill
    81 F3d 152
    James E. McGill appeals from the district court's order denying his motion for the return of property. Because the district court did not abuse its discretion in denying the motion, we affirm. See ...

  • Haka v. County Of Sacramento
    81 F3d 168
    Before: THOMPSON and KLEINFELD, Circuit Judges, and WILSON, District Judge. Appellant Richard Haka ("Haka") was employed by Appellee the County of Sacramento ("County") as a probation assistant and...

  • Lugo v. Borg H
    81 F3d 169
    MEMORANDUM Mark Augustine Lugo, a California state prisoner, appeals the denial of his request for habeas corpus relief. We affirm. I. Factual and Procedural Background. At approximately 7:00 a...

  • United States v. Rich
    81 F3d 171
    MEMORANDUM This case presents the question whether a judge may order restitution under 18 U.S.C. §§ 3663-64 for a scheme, conspiracy or pattern of activity that is not an element of the cri...

  • United States v. Walls
    80 F3d 238
    Andre Tony Walls appeals his convictions and sentences for one count of receiving and possessing a stolen vehicle which traveled in interstate commerce, 18 U.S.C. § 2313, and two counts of posses...

  • United States v. Wicker
    80 F3d 263
    John Corcoran Wicker appeals the district court's denial of his motion to withdraw a guilty plea to conspiracy to commit mail fraud in violation of 18 U.S.C. § 371 and 18 U.S.C. § 1341. We...

  • United States v. Hodrick
    81 F3d 171
    MEMORANDUM Jermaine Ruben Hodrick and Gerald Sparks, Jr., appeal their jury convictions for armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d) and use of a firearm during and in rela...

  • United States v. Chatlin
    81 F3d 170
    MEMORANDUM Larson Foster Chatlin, Jr. pleaded guilty to sexual abuse of a minor on an Indian reservation, a violation of 18 U.S.C. §§ 1153 and 2243(a). He appeals for the third time the s...

  • Marquez v. J Molinari
    81 F3d 169
    MEMORANDUM Eric Marquez, a citizen of France, appeals the district court's denial of his petition for habeas corpus challenging the district court's order finding him extraditable to France. We hav...

  • United States v. Boateng
    81 F3d 170
    Before: HUG, Chief Judge, FERNANDEZ, Circuit Judge, and KELLEHER, District Judge. MEMORANDUM Kwabena Boateng appeals his convictions for importation of heroin into the United States, in violation ...

  • Quill v. C Vacco E M
    80 F3d 716
    Plaintiffs-appellants Timothy E. Quill, Samuel C. Klagsbrun and Howard A. Grossman appeal from a summary judgment entered in the United States District Court for the Southern District of New York (Gri...

  • Menier v. J Thompson
    85 F3d 631
    On the night of November 9, 1990, Officer Chuck Pardun, a part-time police officer employed by the Village of Luck and a duly appointed deputy sheriff of Polk County, and Robert Menier were driving to...

  • United States v. W Smith M M R Iii
    80 F3d 215
    Ralph M. Friederich (argued), Office of U.S. Atty., Criminal Div., Fairview Heights, IL, for U.S. Renee E. Schooley (argued), Office of Public Defender, East St. Louis, IL, for Larry W. Smith. Eri...

  • Saideh Fisher v. Immigration and Naturalization Service
    79 F3d 955
    Saideh Fisher and her son Kian Hosseini Lavasani are natives and citizens of Iran. On her behalf, as well as for her son, Fisher petitions for review of the Board of Immigration Appeals' (Board) deci...

  • McClendon Em Rl Wa Dj Ps Nw v. City Of Albuquerque
    79 F3d 1014
    Jeffrey Baker, The Baker Law Firm, Albuquerque, New Mexico, for Defendants-Appellants and Petitioners. Anthony Ayala, Albuquerque, New Mexico, for Plaintiffs-Appellees and Real Parties In Interest. ...

  • Grilli v. Metropolitan Life Insurance Company Inc
    78 F3d 1533
    Before us for review in these consolidated appeals are orders entered by the district court in a class action suit brought on November 1, 1993, by Sherry Horton and others ("Horton") against Metropoli...

  • United States v. Mauro
    80 F3d 73
    Nicholas Mauro appeals from a judgment of conviction filed on December 28, 1994, in the Western District of New York (William M. Skretny, Judge ). A September 17, 1992 indictment charged Mauro with ...

  • Harris v. Thomas R Dc
    82 F3d 426
    After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 1...

  • United States v. Cain
    81 F3d 151
    Bryant Roger Cain pled guilty to conspiracy to distribute and to possess with intent to distribute crack cocaine, 21 U.S.C.A. § 846 (West Supp.1995), and received a sentence of 135 months impriso...

  • United States v. A Brown
    81 F3d 151
    William A. Brown appeals his conviction and sentence on a guilty plea on a charge of possession of a firearm by a felon, in violation of 18 U.S.C.A. § 922(g) (West Supp.1995). Brown's attorney ...

  • United States v. Kwarteng
    81 F3d 152
    James Kwadwo Kwarteng pled guilty to one count of conspiracy to import more than one kilogram of heroin, 21 U.S.C.A. § 963 (West Supp.1995), and was sentenced to a term of 97 months imprisonment ...

  • United States v. A Pearson
    81 F3d 152
    After a thorough Fed.R.Crim.P. 11 hearing, Charles Pearson pled guilty to armed bank robbery, 18 U.S.C. § 2113(a), (d) (1988), possession of a firearm as a convicted felon, 18 U.S.C.A. § ...

  • United States v. Wilkerson
    81 F3d 152
    Ivan Francion Wilkerson appeals his convictions for possession of an unregistered firearm, 26 U.S.C. § 5861(d), and for being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1), on th...

  • United States v. Pirnat
    81 F3d 152
    Steffan Pirnat pled guilty to conspiracy to distribute more than 10 grams of lysergic acid diethylamide (LSD), 21 U.S.C.A. § 846 (West Supp.1995), and was sentenced in 1992 to a term of 151 month...

  • United States v. C Carr
    81 F3d 161
    Defendant James Carr appeals his sentence, imposed by the district court on remand after this court affirmed his conviction for bank fraud-related charges but reversed his sentence. We AFFIRM. In ...

  • United States v. L Giles
    81 F3d 161
    Before: MERRITT, Chief Judge; BATCHELDER, Circuit Judge and DOWD, District Judge. Benjamin L. Giles, Jr., appeals a district court judgment of conviction and sentence. The parties have waived or...

  • United States v. Hampton
    81 F3d 161
    Before: KENNEDY and MOORE, Circuit Judges, and WELLS, District Judge. Dushon Hampton appeals a district court judgment of conviction and sentence following his guilty plea to being a felon in posse...

  • United States v. Castillo Arvizu
    81 F3d 170
    MEMORANDUM Santiago Castillo-Arvizu, Juan Sanchez-Cervantes, Adolfo Brahms-Garcia, and Enrique Cisneros-Silva appeal their jury convictions and sentences for conspiracy to distribute controlled subst...

  • United States v. Ainge
    81 F3d 170
    MEMORANDUM Raymond Sander Ainge appeals his jury conviction on three counts of drug activity on board a vessel subject to the jurisdiction of the United States in violation of the Maritime Drug Law E...

  • Tang v. Immigration and Naturalization Service
    81 F3d 170
    MEMORANDUM Thuan Quang Tang was ordered deported from the United States after he was convicted and imprisoned for attempted second degree murder and aggravated battery with a firearm. He seeks judi...

  • United States v. Wheeler
    81 F3d 171
    MEMORANDUM Edwin Wallace Wheeler filed a writ of habeas corpus attacking his convictions of securities violations under 15 U.S.C. §§ 77q(a), 77x. Wheeler claims that he was denied effecti...

  • Dunlap v. The Great West Life Assurance Company
    81 F3d 149
    Jacqueline Raines Dunlap, administratrix of the estates of Maceo Raines McEachern and his mother Vela Raines McEachern, appeals from the order of the district court granting summary judgment in favor ...

  • United States v. L Carlos
    85 F3d 641
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10...

  • Hollingsworth v. E Dubois
    81 F3d 147
    Plaintiff/appellant James Hollingsworth appeals the entry of judgment in favor of defendants/appellees on Hollingsworth's suit pursuant to 42 U.S.C. § 1983. Having reviewed carefully the record...

  • Rowinsky v. Bryan Independent School District
    80 F3d 1006
    This appeal presents the question of whether title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. ("title IX"), imposes liability on a school district for peer hostile environm...

  • United States v. Meola
    85 F3d 638
    MEMORANDUM Appellant Meola appeals the denial of his 28 U.S.C. § 2255 motion in which he claimed that his federal criminal prosecution and subsequent conviction were barred under the Double Jeop...

  • Lovelace v. Software Spectrum Inc
    78 F3d 1015
    Plaintiffs Rebecca Lovelace, Ira Newman, and Gerald Klein, individually and on behalf of all those similarly situated, appeal the district court's judgment dismissing with prejudice their securities f...

  • United States v. Spring
    80 F3d 1450
    Defendant Bruce Derek Spring, aka Bruce Derek Wells, appeals his conviction and 802 month prison sentence arising out of firearms violations and a series of bank robberies in Utah and Colorado, in whi...

  • United States v. Flores Rivera
    82 F3d 424
    MEMORANDUM Mario Flores-Rivera appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to being a deported alien found in the United States, in violation of 8 U.S.C. &#...

  • United States v. Genao
    79 F3d 1333
    Defendant-Appellant Robert Llin, Sr. appeals from a judgment of conviction for conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846 before the United States District Co...

  • United States v. Wolford
    82 F3d 424
    MEMORANDUM Burley James Wolford appeals his sentence under the Sentencing Guidelines imposed following his guilty plea conviction for bankruptcy fraud. We have jurisdiction to review the district c...

  • United States v. L Peterson
    82 F3d 424
    Before: GOODWIN, WIGGINS, and O'SCANNLAIN Circuit Judges. MEMORANDUM Dean L. Peterson appeals his conviction following a guilty plea to conspiracy to distribute cocaine base and conspiracy to poss...

  • United States v. C Garcia
    78 F3d 1517
    Alfredo Garcia appeals his 1993 conviction under the Travel Act, 18 U.S.C. §§ 1952 and 2. Garcia's Travel Act conviction was based on the charge that on or about April 17, 1988, Garcia tra...

  • United States v. Zavala De Maradiaga
    82 F3d 424
    MEMORANDUM Mercedes Josefina Zavala-De Maradiaga appeals her sentence under the Sentencing Guidelines imposed following her guilty plea to importation of heroin in violation of 21 U.S.C. § 952(a...

  • United States v. Carter
    82 F3d 423
    MEMORANDUM John Carter appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to bank robbery, in violation of 18 U.S.C. § 2113(a). Carter's counsel, the Federa...

  • Reynolds v. Pl Kernan
    82 F3d 423
    MEMORANDUM Rodney Lee Reynolds, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas petition. He contends that his appellate counsel was i...

  • Balisok v. Wood
    82 F3d 422
    MEMORANDUM Jerry B. Balisok, a Washington state prisoner, appeals pro se the district court's summary judgment in favor of the defendants in his 42 U.S.C. § 1983 civil rights action. Balisok a...

  • United States v. Manjarrez Gonzalez
    82 F3d 424
    MEMORANDUM Victor Manjarrez-Gonzalez appeals his twenty-four month sentence imposed following a guilty plea to two counts of transportation of illegal aliens in violation of 8 U.S.C. § 1324(a)(1...

  • Smithart v. Towery
    79 F3d 951
    Nevada state prisoner John Wesley Smithart appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de n...

  • Lonchar v. Thomas Warden
    517 US 314
    This case asks us to decide whether a federal court may dismiss a first federal habeas petition for general "equitable" reasons beyond those embodied in the relevant statutes, Federal Habeas Corpus ...

  • United States v. Campos Arrellano
    82 F3d 423
    MEMORANDUM Antonio Campos-Arrellano appeals his one-year sentence following the district court's revocation of his supervised release. Campos-Arrellano contends that the district court erred becaus...

  • United States v. Cottingham
    82 F3d 423
    MEMORANDUM Michael Cottingham appeals his sentence under the Sentencing Guidelines imposed following his guilty plea conviction for distribution of cocaine base. Cottingham contends that the distri...

  • United States v. Yu
    82 F3d 424
    MEMORANDUM Tony Wing Fung Yu appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to conspiracy to possess and transport in interstate commerce a forged security, in...

  • United States v. Millar F
    79 F3d 338
    Patrick Moloney, a Melkite Catholic priest, appeals from his conviction and sentence after an eight-week jury trial before Judge Larimer. Moloney was convicted of a single count of conspiracy to pos...

  • United States v. Rezabaady
    82 F3d 424
    MEMORANDUM* Ali Rezabaady appeals his sentence under the Sentencing Guidelines imposed following his guilty plea conviction for conspiracy to distribute heroin, possession with intent to distribute h...

  • Williams v. K Singletary
    78 F3d 1510
    Larry Williams is a Florida prisoner seeking 28 U.S.C. § 2254 relief from a state court prison sentence. He appeals the district court's denial of his petition for a writ of habeas corpus. Wi...

  • Bland v. Fessler P D J M E
    79 F3d 942
    Plaintiffs appeal the grant of summary judgment dismissing their action against the Commissioners of the California Public Utilities Commission and the dismissal on a Rule 12(b)(6) motion of their act...

  • Jenner v. Class W
    79 F3d 736
    Michael Jenner was found guilty by a South Dakota state court jury of premeditated murder, conspiracy to commit murder, and accessory to murder. His convictions were affirmed on all direct appeals. ...

  • Esquivel Acevedo v. Immigration and Naturalization Service
    82 F3d 422
    MEMORANDUM Roberto Esquivel-Acevedo, Marisol Mendoza Silva de Esquivel, and their daughter Karla C. Esquivel-Mendoza, natives and citizens of Nicaragua, petition for review of the Board of Immigratio...

  • Jackson v. H Gomez
    82 F3d 422
    Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges MEMORANDUM Al Tyrone Jackson, a California state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 habeas petition challengi...

  • This v. Castro
    101 F3d 681
    Defendant-appellant Victor Castro appeals from the sentence imposed on October 17, 1995, following his plea of guilty to possessing checks stolen from the United States mails, in violation of 18 U.S.C...

  • 3
    101 F3d 681
    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 (Metzner, Judge ), and was submitted. ON CONSIDERATION WHEREOF,...

  • Young v. L Butler
    81 F3d 153
    Appellant filed this civil action under 42 U.S.C. § 1983 (1988) against a Senior Case Analyst for the North Carolina Parole Commission, alleging that Defendant denied him parole because he is whi...

  • United States v. A Rivenbark
    81 F3d 152
    Douglas Rivenbark appeals his convictions in two jury trials. In the first trial, Rivenbark was convicted of six counts of bank fraud, see 18 U.S.C.A. § 1344 (West Supp.1995), one count of wire ...

  • Equal Employment Opportunity Commission v. Kentucky State Police Department E
    80 F3d 1086
    Philip B. Sklover, Johnny J. Butler, E.E.O.C., Washington, DC, George C. Bradley, Joseph Ray Terry, Terry Beck, E.E.O.C., Memphis, TN, and Mary L. Clark (argued and briefed), Office of Gen. Counsel, W...

  • Myers v. Oklahoma County Board Of County Commissioners
    80 F3d 421
    Plaintiffs Suzanne Myers and Samson Myers filed this 42 U.S.C. § 1983 action against the Board of County Commissioners of Oklahoma County and various officers of the Oklahoma County Sheriff's Dep...

  • United States v. Avelar
    80 F3d 430
    Manuel Munoz Avelar (Avelar) appeals his conviction for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and possession of a firearm during a drug trafficki...

  • Mitchell v. D Maynard J Co I
    80 F3d 1433
    Carl Demetrius Mitchell brought suit against fourteen prison officials and employees for violations of his Fifth, Sixth, Eighth, and Fourteenth Amendment rights pursuant to 42 U.S.C. § 1983. The...

  • This v. Preston
    101 F3d 681
    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. Henao
    101 F3d 681
    John Jairo Henao appeals from the November 19, 1993, judgment of the District Court sentencing him to 70 months in prison after his plea of guilty to possession with intent to distribute crack cocaine...

  • This v. Jones
    101 F3d 681
    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...

  • Clark v. Mayfield
    82 F3d 422
    MEMORANDUM Dion Clark appeals pro se the district court's dismissal of his action against employees of the Internal Revenue Service ("IRS") on the grounds that the complaint failed to satisfy the ple...

  • Britt v. Keohane
    82 F3d 422
    MEMORANDUM Federal prisoner Admiral Britt appeals pro se the district court's denial of his 28 U.S.C. § 2241 petition for writ of habeas corpus challenging the Bureau of Prison's denial of his a...

  • Cole
    82 F3d 422
    MEMORANDUM Archie L. and Carol J. Cole, husband and wife, appeal pro se the district court's Fed.R.Civ.P. 12(b)(6) dismissal of their action for treble damages against employees of the Internal Reven...

  • United States v. McAdams
    82 F3d 424
    MEMORANDUM James Lee McAdams appeals the district court's denial of his motion, pursuant to Fed.R.Crim.P. 35, to correct an illegal sentence. McAdams contends that the district court erred by constr...

  • United States v. Knaub
    81 F3d 171
    MEMORANDUM Darrel Dwain Knaub appeals his jury conviction and sentence under the Sentencing Guidelines for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We a...

  • United States v. D Sorenson
    81 F3d 171
    MEMORANDUM Brett D. Sorenson, a federal prisoner, appeals the district court's denial of his second 28 U.S.C. § 2255 motion which challenged his fifteen-year sentence for being a felon in posses...

  • 2
    101 F3d 681
    Plaintiff-appellant Fred Schneider, who is proceeding pro se, appeals a judgment of the district court dismissing his complaint. On May 6, 1994, Schneider filed a complaint alleging that the Assistan...

  • This v. Moncada
    101 F3d 681
    On April 28, 1993, the United States Custom Service intercepted an Airborne Express package containing 5.8 kilograms of 86% pure cocaine in Miami, Florida. The package bore a delivery address of a ba...

  • United States v. Ensley
    81 F3d 151
    Verlin Leslie Ensley ("Ensley") appeals from the district court's revocation of his supervised release. Because we find the objections raised on appeal to be without merit, we affirm the order of th...

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