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  • United States v. Hayden
    85 F3d 153
    A jury convicted Reginald Hayden, James Hayden, and Tomel Lucas (collectively "the defendants") of conspiracy to possess with the intent to distribute crack cocaine, among other drug-related offenses....

  • Mitchell v. Je Strickland Brown
    87 F3d 1309
    Larry Ray Mitchell, a North Carolina state prisoner, filed this 42 U.S.C. § 1983 (1988) action alleging that Lillie Mae Brown, a correctional officer, sexually assaulted and harassed him on multi...

  • United States v. Vance
    87 F3d 1309
    Ricky Lee Vance was convicted by a jury of use of a destructive device in a crime of violence, 18 U.S.C.A. § 924(c) (West Supp.1995) (Count One); of attempted destruction of a building used in i...

  • 6
    101 F3d 686
    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 taken on submission. ON CONSIDERATION WHEREOF, IT IS HEREBY O...

  • This v. Momoh
    101 F3d 686
    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...

  • Remeta v. K Singletary
    85 F3d 513
    Daniel Eugene Remeta appeals the district court's order denying his petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254. Remeta raises numerous issues on appeal with respect to...

  • Ryther v. Kare Nbc
    84 F3d 1074
    KARE 11, a Twin Cities television station, refused to renew C. Thomas Ryther's contract as lead sportscaster for a fifth three-year term. In 1991, when Ryther was terminated, he was fifty-three years...

  • Morell Acosta v. Immigration and Naturalization Service
    86 F3d 1162
    MEMORANDUM Omar Morell-Acosta, a native and citizen of Cuba, petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming the immigration judge's ("IJ") denial of his appl...

  • Kearney v. Department Of Industrial Relations State Of Ohio
    86 F3d 1155
    Before: SILER and BATCHELDER, Circuit Judges; CARR, District Judge. Patrick J. Kearney, a pro se Ohio plaintiff, appeals a district court judgment dismissing his civil rights suit filed pursuant t...

  • United States v. J Connell
    86 F3d 1164
    MEMORANDUM United States v. Lopez, 115 S.Ct. 1624 (1995), does not undermine our holding in United States v. Visman, 919 F.2d 1390, 1392-93 (9th Cir.1990), cert. denied, 502 U.S. 969 (1991), that 21 ...

  • Theophilos v. Commissioner Internal Revenue Service
    85 F3d 440
    This appeal is from a deficiency judgment rendered by the Tax Court. The Tax Court found that when the taxpayer acquired stock in a closely held corporation on December 10, 1986, he incurred taxable...

  • United States v. Clark
    86 F3d 1164
    MEMORANDUM In this consolidated appeal, Calvin Clark and Philip Clark ("the Clarks") seek reversal of a final judgment entered following a jury trial convicting them of the crime of assault on a fede...

  • Koehl v. Dalsheim
    85 F3d 86
    The large volume of prisoner litigation in federal courts makes it virtually inevitable that a case of arguable merit will occasionally be lumped with the many truly frivolous cases and be dismissed w...

  • Artola Medal v. Immigration and Naturalization Service
    86 F3d 1161
    Before: T.G. NELSON and TASHIMA, Circuit Judges, and BURNS, District Judge. MEMORANDUM Ricardo Alberto Artola-Medal (Artola) and his wife, Thesalia Esperanza Madriz-Chavarria (Madriz), are before ...

  • United States v. McManus
    87 F3d 1309
    Michael McManus, an inmate at the Maximum Security Facility at Lorton Reformatory, appeals his conviction for possession of a shank in violation of 18 U.S.C. § 13, assimilating Virginia Code ...

  • United States v. Brown
    87 F3d 1309
    Lonnie Brown appeals from the imposition of a ten-year sentence for conspiracy to distribute methamphetamine and to possess with intent to distribute the same following a guilty plea. Brown seeks va...

  • United States v. C Brown
    87 F3d 1309
    Cecil C. Brown appeals his conviction and sentence on a guilty plea on a charge of distribution of cocaine base, in violation of 21 U.S.C.A. § 841(a)(1)(B) (West 1981 & Supp.1995). Brown's ...

  • United States v. S Dahler
    87 F3d 1316
    David Dahler stands convicted of possessing four firearms despite his status as a convicted felon. After the jury returned guilty verdicts, the district judge sentenced Dahler to 276 months' impriso...

  • United States v. L Dawson T
    87 F3d 1316
    Following a jury trial, co-defendants Will L. Dawson and Derrick T. Willis were both convicted on three drug charges: conspiring to possess cocaine and cocaine base with intent to distribute and cons...

  • United States v. Santos
    86 F3d 1164
    MEMORANDUM On June 6, 1995, in the District of Oregon, Randall Milton Santos pleaded guilty to robbing one bank in the District of Oregon and two banks in the Western District of Washington. The di...

  • United States v. A Parrish
    84 F3d 816
    Christopher K. Barnes (briefed), Sharon J. Zealey (argued), Office of U.S. Attorney, Cincinnati, OH, for Plaintiff-Appellee. Elizabeth E. Agar (argued and briefed), Robert Scott Croswell, III, Crosw...

  • Brown v. Ferguson
    87 F3d 1327
    The petitioner James Brown has filed a petition for rehearing with a suggestion for rehearing in banc. After due consideration of the arguments set out in the petition, the panel has determined that...

  • United States Of v. Sullivan
    85 F3d 743
    An armed robbery of the Country Hospitality Inn in Bangor, Maine in 1994 that netted the robbers approximately $520 was prosecuted federally. Defendant Dennis Sullivan was sentenced for the crime to...

  • Wilson v. United States
    86 F3d 1157
    Before: RYAN and NORRIS, Circuit Judges; DOWD, District Judge. This pro se federal prisoner appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. ...

  • This Summary
    101 F3d 686
    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. Floyd
    86 F3d 1153
    Debbie Floyd pled guilty to one count of crack cocaine distribution, 21 U.S.C.A. § 841 (West 1981 & Supp.1995), and was sentenced to a term of 37 months imprisonment. She appeals her sentenc...

  • United States v. Lapierre
    87 F3d 1309
    Bridgette Lapierre appeals from her conviction of possession with intent to distribute cocaine and marijuana in violation of 21 U.S.C.A. § 841 (West 1981 & Supp.1995). Lapierre claims that ...

  • United States v. Corey
    87 F3d 1309
    David Michael Corey pled guilty to distributing .13 grams of crack cocaine within 1000 feet of a school, 21 U.S.C.A. §§ 841, 860 (West 1981 & Supp.1995), and was sentenced to a term of 3...

  • United States v. Kendrick
    86 F3d 1156
    This is an appeal from a criminal sentence that reflects a four-level upward adjustment in the defendant's offense level pursuant to U.S.S.G. § 2K2.1(b)(5). The defendant, who pleaded guilty to...

  • United States v. Wable
    87 F3d 1309
    Charles Raymond Wable entered a guilty plea to one count of breaking into a post office, 18 U.S.C. § 2115 (1988), and was sentenced to a term of twenty-seven months imprisonment. He appeals his...

  • United States v. Villegas
    86 F3d 1165
    MEMORANDUM The United States appeals the 12-month sentence of Octavio Reyes Villegas, who was convicted of one count of conspiracy to sell counterfeit currency in violation of 18 U.S.C. § 922(g)...

  • United States v. Thomas
    87 F3d 1309
    Using the alias Aaron Thomas, Kenny Murphy pled guilty to one count of possession of crack cocaine with intent to distribute, 21 U.S.C.A. § 841 (West 1981 & Supp.1995). He was sentenced to ...

  • Clark v. Alexander
    85 F3d 146
    ARGUED: Michael Gerhart Allen, Legal Services of Northern Virginia, Alexandria, Virginia, for Appellant. Michael Jay Weiser, Alexandria, Virginia, for Appellee. ON BRIEF: Sylvia M. Brennan, Lega...

  • United States v. Rivas
    85 F3d 193
    Oscar Orlando Rivas appeals his conviction after a plea of guilty for using or carrying a firearm during a drug trafficking offense and his sentence for conspiracy to possess with intent to distribute...

  • Warren v. Cotner Do
    86 F3d 1167
    ORDER AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See Fed. ...

  • United States v. Mason
    85 F3d 471
    Defendant was convicted by a jury of possessing a firearm after a prior felony conviction. On appeal, he argues that the trial court erred by instructing the jury, based on his stipulations, that tw...

  • United States v. L Bursey
    85 F3d 293
    On December 6, 1994, a jury convicted Trance Bursey of possession of cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Bursey was sentenced to 36 months imprisonmen...

  • United States v. Mendoza Oseguera
    86 F3d 1164
    MEMORANDUM Hector Mendoza-Oseguera appeals his conviction by guilty plea on several grounds, including the claim that his plea was not entered voluntarily. The defendant pleaded guilty to distribut...

  • United States v. Smith
    86 F3d 1165
    MEMORANDUM Lance Lewis Smith and Jay Jeffrey Regas appeal from their separate convictions for conspiracy to manufacture and distribute methamphetamine and for conspiracy to distribute cocaine. Rega...

  • Hilliard v. J Tansy
    86 F3d 1166
    ORDER AND JUDGMENT Pursuant to 28 U.S.C. § 2254, James Earl Hilliard, a state prisoner, filed a pro se petition for habeas corpus in the United States District Court for the District of New Mexi...

  • United States v. 15993000 United States Currency
    86 F3d 1164
    MEMORANDUM Harris argues that the government was not entitled to use hearsay to support its summary judgment motion. We have held that for purposes of forfeiture, "rule 56(e) does not apply when .....

  • Arnold v. United States
    86 F3d 1155
    Before: RYAN and NORRIS, Circuit Judges; DOWD, District Judge. Ronald Arnold appeals a district court order denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. The cas...

  • United States v. Mendez De Jesus
    85 F3d 1
    Defendant Jocelyn Antonio Mendez-de Jesus entered a conditional plea of guilty to re-entering the United States after being deported subsequent to a felony conviction, 8 U.S.C. § 1326(a) & (b...

  • Chadwick v. United States
    86 F3d 1161
    MEMORANDUM The United States of America appeals a judgment entered in favor of Megan E. Chadwick and Sturgis Chadwick under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-80...

  • Balfour Maclaine International Limited Atlantic Mutual Insurance Company v. Balfour Maclaine Internat
    85 F3d 68
    The plaintiff-appellant Insurance Company of North America ("INA") appeals from a judgment of the United States District Court for the Southern District of New York (Sand, J.) awarding the defendant-a...

  • Baker v. E Pataki
    85 F3d 919
    This appeal was reheard in banc to consider the applicability of § 2 of the Voting Rights Act of 1965, Pub.L. No. 89-110, 79 Stat. 437, 437, as amended, 42 U.S.C. § 1973 (the "Voting Rights ...

  • United States v. Eric B
    86 F3d 869
    APPELLANT'S RIGHT TO A SPEEDY TRIAL UNDER 18 U.S.C. § 5036 We first address whether Eric B.'s speedy trial rights under the Act were violated. This is a mixed question of law and fact, and th...

  • Aman v. Cort Furniture Rental Corporation
    85 F3d 1074
    Carol Aman and Jeanette Johnson appeal from the district court's grant of summary judgment in favor of Cort Furniture Rental Corporation on their employment discrimination claims brought under Title V...

  • United States v. Ventura A
    85 F3d 708
    After deplaning at San Juan International Airport, defendants Amado Fernandez Ventura and Milagros Cedeno were questioned by Customs agents and arrested for illegally transporting money, in violation ...

  • United States v. A Webster
    84 F3d 1056
    In a seven count indictment, the Government charged George A. Webster, Jr., with committing various narcotics and firearms offenses. A jury convicted Webster on all counts, and he now appeals. Tho...

  • United States v. J Clark
    84 F3d 506
    The kidnapping at knife point of a young New Hampshire woman by defendant Craig Clark and others resulted in Clark ultimately pleading guilty to two federal charges: conspiracy to interfere with and ...

  • United States v. Gabel
    85 F3d 1217
    For an apparently significant period of time, Kermit Gabel made a living by stealing other people's property, disposing of the stolen goods in various creative ways, and laundering the proceeds. In ...

  • United States v. A Crouch Iii J
    84 F3d 1497
    In this prosecution for alleged savings and loan offenses, the district court, prior to trial, dismissed the indictment against Guy Crouch III (Crouch) and Michael Frye (Frye) for pre-indictment delay...

  • United States v. White Buffalo
    84 F3d 1052
    A jury convicted William White Buffalo and his brother Ernest White Buffalo of aggravated sexual abuse and of aiding and abetting aggravated sexual abuse. See 18 U.S.C. § 2241(a) (1994). The ...

  • United States v. F Sawyer
    85 F3d 713
    Appellant F. William Sawyer appeals his convictions for mail and wire fraud, interstate travel to commit bribery, and conspiracy to commit those offenses. The district court imposed a $10,000 fine, ...

  • Yargeau v. Immigration and Naturalization Service
    86 F3d 1147
    After careful review of the record and the petition for review, we find no reversible error in the BIA decision. Accordingly, we affirm, essentially for the reasons stated in that decision, adding o...

  • Hyman v. Town Plymouth
    86 F3d 1150
    Wanda S. Hyman appeals from the district court's order granting summary judgment in favor of the Defendants on her 42 U.S.C. § 1983 (1988) claim and her pendent state defamation claim. We affir...

  • United States v. Gigante
    85 F3d 83
    Defendant-appellant Vincent Gigante and his sureties (collectively "Appellants") appeal from an order entered April 8, 1996 in the United States District Court for the Eastern District of New York, Eu...

  • United States v. Miles
    86 F3d 1164
    MEMORANDUM Andre Miles appeals his jury conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Miles contends that the district court deprived him of a ...

  • United States v. Tagalicud
    84 F3d 1180
    The essential question raised by this case is how a judge must instruct in a multi-defendant case in which the defendants are charged with similar marriage fraud offenses. Two Hawaiians, Linda Agbay...

  • United States v. Medina Morales
    86 F3d 1164
    MEMORANDUM Hipolito Medina-Morales appeals his fifteen-month sentence imposed following his guilty plea to conspiracy to transport and harbor illegal aliens in violation of 18 U.S.C. § 371, 8 U....

  • United States v. Raposa
    84 F3d 502
    Following a plea of guilty to one count of possessing heroin with intent to distribute, Robert Raposa was sentenced to a term of 30 months imprisonment. He appeals that sentence, arguing that the di...

  • United States v. Guel Perez
    86 F3d 1164
    MEMORANDUM Guel-Perez appeals from the district court's restitution order following his guilty plea to Interstate Transportation with Intent to Engage in Sexual Activity, in violation of 18 U.S.C. &#...

  • United States v. N Kalyan
    86 F3d 1164
    MEMORANDUM N. Ray Kalyan appeals his 22-month sentence imposed following his conviction for making false statements in connection with a loan and four counts of bank fraud, in violation of 18 U.S.C. ...

  • United States v. Gonzalez Quiroz
    86 F3d 1164
    MEMORANDUM Manuel Gonzalez-Quiroz appeals his 27-month sentence following the entry of a guilty plea to possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). Go...

  • United States v. Ornelas Martinez
    86 F3d 1164
    MEMORANDUM Lucas Ornelas-Martinez appeals the district court's denial of his 28 U.S.C. § 2255 motion. Ornelas-Martinez is serving twenty years in prison for weapons, drug, and communications o...

  • West v. G Overly
    86 F3d 1157
    Warren Jay West appeals a district court judgment dismissing his civil rights action filed under 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 9(a), Rul...

  • Gay v. F Pontesso
    86 F3d 1162
    MEMORANDUM Eddie Roy Gay, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2241 habeas petition challenging the forfeiture of his street time credit. Gay conte...

  • United States v. Magee Iii
    86 F3d 1164
    MEMORANDUM Thomas Raymond Magee, III appeals the district court's denial of his second 28 U.S.C. § 2255 motion to correct his sentence of fifty-one months imprisonment and three years supervised...

  • Kukes v. J Grubbs
    86 F3d 1162
    MEMORANDUM California state prisoner Gary Eugene Kukes appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action for failure to state a claim. Kukes alleged that the Butte C...

  • Gw Rennels v. G Borg
    86 F3d 1163
    MEMORANDUM G.W. Rennels, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition. Rennels was sentenced to eighteen years to life for the secon...

  • Pierce v. Mallon
    86 F3d 1163
    MEMORANDUM Roy Lee Pierce, a federal prisoner, appeals pro se the district court's dismissal of his petition for relief under 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents, 403 U.S. 38...

  • United States v. Acosta
    85 F3d 275
    Following a bench trial, Salvador Acosta was convicted of one count of possessing heroin with intent to distribute it in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Acosta was sen...

  • Reed v. T Pickett
    86 F3d 1163
    MEMORANDUM Craig Reed, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 motion. Reed was sentenced to seven years to life in prison after he plea...

  • Reed v. Savage
    86 F3d 1163
    MEMORANDUM Arizona state prisoner James Herring Reed, Jr. appeals pro se the district court's summary dismissal of his 28 U.S.C. § 2254 habeas petition without prejudice for failure to exhaust s...

  • United States v. Adams
    83 F3d 1371
    Defendant-appellant Brady Lavick Adams was convicted of kidnapping his wife, in violation of 18 U.S.C. § 1201, as well as using and carrying a firearm during the kidnapping, in violation of 18 U....

  • United States v. L Griffith
    85 F3d 284
    For more than ten years, Defendant Daniel Griffith worked in a managerial capacity for the Hal Lowrie entertainment organization. Lowrie's organization ran a large network of nightclubs, which inclu...

  • United States v. Alvarez
    86 F3d 1163
    MEMORANDUM Richard Alvarez appeals from the denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Alvarez contends that two Government witnesses perjured themselves and that he was affo...

  • United States v. Olachea Jimenes
    86 F3d 1164
    MEMORANDUM Federal prisoner Mario Olachea-Jimenes appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate and set aside his guilty plea conviction and sentence for co...

  • Ahn v. Immigration and Naturalization Service
    86 F3d 1161
    MEMORANDUM Petitioner, Jong Tae Ahn, argues that the Board of Immigration Appeals ("BIA") was required to articulate specific detailed reasons for denying his petition, instead of just incorporating ...

  • United States v. Young
    85 F3d 334
    Michael Young was convicted in the District Court of assaulting, resisting, or impeding a federal officer in violation of 18 U.S.C. § 111. He was sentenced to four years' probation, and a fine o...

  • United States v. Hernandez
    86 F3d 1164
    MEMORANDUM Jerry Hernandez appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Hernandez contends: (1) he was entitled to a mitigating role adjus...

  • United States v. Lawrence
    86 F3d 1164
    Before: GOODWIN and SCHROEDER, Circuit Judges, and ARMSTRONG, District Judge. MEMORANDUM Defendant Jerry Lawrence appeals his conviction under 18 U.S.C. § 922(g). He challenges the district...

  • United States v. Schramm
    86 F3d 1164
    MEMORANDUM Donald Schramm appeals his jury conviction for three counts of willfully failing to file individual income tax returns in violation of 26 U.S.C. § 7203. We have jurisdiction under 2...

  • Sisk
    86 F3d 1163
    MEMORANDUM Richard Lee Sisk, an Arizona state prisoner, appeals pro se the district court's judgment partially in favor of defendant prison officials in his 42 U.S.C. § 1983 action. Sisk conten...

  • United States v. Dorrough
    84 F3d 1309
    Defendant Wesley Allen Dorrough appeals his sentence under USSG § 2D1.1, comment. (n.1). We have jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291 and we affirm. A jury c...

  • United States v. Igbo
    86 F3d 1164
    MEMORANDUM Ositadima Igbo appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Igbo is serving a 121-month sentence imposed after a jury convicted him of conspiracy and d...

  • United States v. Adderly
    86 F3d 1163
    MEMORANDUM Sno Carl Adderly, a federal prisoner, appeals the denial of his 28 U.S.C. § 2255 motion challenging his sentence and guilty plea conviction for armed robbery (18 U.S.C. § 2113(a)...

  • United States v. Middleton
    86 F3d 1164
    MEMORANDUM Gary Lee Middleton appeals pro se the district court's findings of fact related to sentencing, amended pursuant to our limited remand following Middleton's 1995 motion for relief under 28 ...

  • United States v. Lomayaoma
    86 F3d 142
    Wilmer Lomayaoma was convicted of criminal sexual contact under the Indian Major Crimes Act, 18 U.S.C. § 1153, and 18 U.S.C. § 2244(a)(1). While on supervised release, Lomayaoma was implic...

  • United States v. Acuna Diaz
    86 F3d 1167
    ORDER AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. ...

  • United States v. Caves
    86 F3d 1167
    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. A Petkash
    101 F3d 685
    The defendant agrees that the determination as to whether his statements and/or testimony is truthful and complete shall be within the sole discretion of the United States Attorney. If, in the judgme...

  • United States v. Velarde
    86 F3d 1167
    ORDER AND JUDGMENT On July 19, 1995, Defendant-Appellant Eugene Velarde was charged in the United States District Court for the District of Colorado with conspiracy to possess with intent to distribu...

  • Clemmons v. E Thomas B A I I
    86 F3d 1166
    ORDER AND JUDGMENT After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not assist in the determination of this appeal. See Fed. R.Ap...

  • Martin v. A Lowe
    86 F3d 1166
    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. ...

  • Blong v. Secretary Of The Army D F E
    86 F3d 1166
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a); 10t...

  • United States v. Reynoso
    86 F3d 1164
    MEMORANDUM Jose Reynoso appeals his conviction and 104 month sentence, following a bench trial, for robbery of a postal carrier in violation of 18 U.S.C. § 2114. Pursuant to Anders v. Californ...

  • 3
    101 F3d 685
    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 now ...

  • United States v. F Lee
    86 F3d 1153
    Deborah F. Lee appeals the sentence imposed after her guilty plea to bank embezzlement in violation of 18 U.S.C.A. § 656 (West 1976 & Supp.1996), and 18 U.S.C. § 2 (1988). We have revi...

  • Haley v. Gross
    86 F3d 630
    On May 16, 1994, a jury found that Superintendent Boniface Gross, Lieutenant Scott McKee, and Sergeant Michael Ellis ("defendants") were deliberately indifferent to the safety of Arzel Haley while he ...

  • This v. Rainier
    101 F3d 685
    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 now...

  • Oriakhi v. Bialese Dea
    86 F3d 1151
    Felix Oriakhi appeals the district court's denials of his motions for return of property. We have reviewed the record and the district court's opinions and find no reversible error. As to Appeal N...

  • Lassiter v. Reno F Us
    86 F3d 1151
    Albert L. Lassiter challenges the district court's entry of summary judgment on his disability discrimination claim in favor of Janet Reno, Attorney General and department head of Lassiter's former em...

  • 2
    101 F3d 685
    APPEARING FOR APPELLANT STEVENS: Georgia J. Hinde, New York, NY. APPEARING FOR APPELLANT COHEN: Ronald Saffner, New York, NY. APPEARING FOR APPELLEE: Seth L. Marvin, Assistant United States Att...

  • Rogers v. Unum Life Insurance Company America
    86 F3d 1152
    Donald Rogers filed this diversity action against Unum Life Insurance Company of America and Charles R. Rose for malicious prosecution under Virginia law after having been arrested, on Unum's complain...

  • This Summary
    101 F3d 685
    APPEARING FOR APPELLANT BUCKLEY:Earle Giovanniello, Brooklyn, NY. APPEARING FOR APPELLANT FIELDS:Barry D. Leiwant, The Legal Aid Society, New York, NY. APPEARING FOR APPELLEE:Susan E. Brune, Assis...

  • This v. 648000
    101 F3d 685
    APPEARING FOR APPELLANT:Mary Workman, pro se, Utica, NY. APPEARING FOR APPELLEE:Charles E. Roberts, Assistant United States Attorney for the Northern District of New York, Syracuse, NY. N.D.N.Y. ...

  • United States v. Caycedo
    86 F3d 1153
    Alvaro Caycedo appeals from a district court sentence for escape from a prison camp. Counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Caycedo was notified of his...

  • United States v. Thomas A
    86 F3d 1154
    The single issue raised in this case is whether the district court abused its discretion in refusing to permit Aaron Darryl Thomas to withdraw his guilty plea. Finding that the court did not err, we...

  • United States v. McCormick
    86 F3d 1164
    MEMORANDUM McCormick appeals from the district court's denial of his petition to vacate his sentence, filed pursuant to 28 U.S.C. § 2255. McCormick was convicted of conspiring to manufacture m...

  • United States v. Greyshock
    87 F3d 1324
    MEMORANDUM Paul Greyshock appeals pro se the district court's dismissal of his 28 U.S.C. § 2255 motion challenging his 1989 guilty plea to violating the Maritime Drug Law Enforcement Act (MDLEA)...

  • United States v. I Marholz
    86 F3d 1164
    MEMORANDUM Kim I. Marholz appeals the district court's denial of his motion to withdraw his plea of guilty to narcotics and weapons offenses in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. &...

  • United States v. Ward
    86 F3d 1165
    MEMORANDUM Shelby Ward appeals his 118-month sentence following the entry of a guilty plea to possession with intent to distribute crack within 100 feet of a public youth center in violation of 18 U....

  • United States v. Island
    86 F3d 1164
    MEMORANDUM Gregory Island appeals his jury conviction for distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1). Island contends that: (1) the district court erred by excluding ...

  • United States v. Scolari
    86 F3d 1165
    MEMORANDUM Giovanni Fontes Scolari appeals his sentence of 151 months under the Sentencing Guidelines, imposed on remand following his guilty plea conviction for possession with intent to distribute ...

  • Perez v. Thomas
    86 F3d 1166
    ORDER AND JUDGMENT Petitioner Andrew Perez appeals the district court's dismissal of his 28 U.S.C. § 2254 petition for writ of habeas corpus. We exercise jurisdiction under 28 U.S.C. § 12...

  • United States v. A Simon
    85 F3d 906
    This is an appeal from a judgment of conviction by a jury entered August 18, 1995 in the United States District Court for the Eastern District of New York, Amon, J. The defendant, Mark Simon, was conv...

  • Eriksen v. United States
    86 F3d 1155
    Leroy H. Eriksen appeals a district court judgment that denied a motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The parties have waived oral argument, and the panel...

  • 6
    101 F3d 685
    From 1983 to 1988, Lindsay conducted a drug operation from his tavern, distributing millions of dollars worth of cocaine. He was arrested in February of 1990. In August of 1990, $5,795.12 in currenc...

  • United States v. Martinez Lomeli
    86 F3d 1167
    ORDER AND JUDGMENT Defendant-Appellant Victor Martinez-Lomeli appeals the sentence entered against him on June 14, 1995, in the United States District Court for the District of Utah, following his pl...

  • Madrid v. Mangindin
    86 F3d 1166
    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...

  • 5
    101 F3d 685
    ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the order of said District Court be and it hereby is affirmed. Petitioner pro se Abiodun Giwah appeals from an order of...

  • Huettel v. Looney
    86 F3d 1166
    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);...

  • This v. Pagliarulo
    101 F3d 685
    APPEARING FOR APPELLANT:Richard E. Mischel, New York, NY. APPEARING FOR APPELLEE:Neil E. Ross, Assistant United States Attorney for the Eastern District of New York, Brooklyn, NY. E.D.N.Y. AFFIR...

  • Ornelas v. United States
    517 US 690
    Petitioners each pleaded guilty to possession of cocaine with intent to distribute. They reserved their right to appeal the District Court's denial of their motion to suppress the cocaine found in t...

  • United States v. W Barnes
    86 F3d 1163
    MEMORANDUM Robert W. Barnes appeals his conviction and sentence for conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846; possession of cocaine with intent to deliver, in violation...

  • United States v. Bates
    84 F3d 790
    The Plaintiff-Appellant, the United States Government, appeals the district court's order granting the Defendant-Appellee, Rondell Bates', motion to suppress evidence obtained during the execution of ...

  • United States v. R Morgan
    84 F3d 765
    Gary Morgan was indicted on January 5, 1995 for conspiracy to distribute and distributing marijuana, in violation of 21 U.S.C. §§ 846 and 841(a)(1). At the time of his arrest, DEA agents s...

  • Dahl v. City Of Huntington Beach
    84 F3d 363
    If there is a hell to which disputatious, uncivil, vituperative lawyers go, let it be one in which the damned are eternally locked in discovery disputes with other lawyers of equally repugnant attribu...

  • Ellis v. District Of Columbia
    84 F3d 1413
    In this class action by prisoners and former prisoners of the District of Columbia, brought under 42 U.S.C. § 1983, the district [318 U.S.App.D.C. 41] court ruled that the Due Process Clause of t...

  • Sullivan v. United States
    87 F3d 1316
    This is a successive appeal from the denial of Glendo Sullivan's § 2255 petition. We affirm the judgment of the district court. Sullivan pled guilty to conspiracy to possess in excess of five...

  • United States v. Goossens
    84 F3d 697
    Michael John Goossens pled guilty to one count of knowing possession of three or more materials depicting minors engaged in sexually explicit conduct. See 18 U.S.C.A. § 2252(a)(4)(B) (West Supp...

  • United States v. Jackson
    84 F3d 1154
    Jackson was convicted of possession of cocaine base with intent to distribute and conspiracy to possess cocaine base with intent to distribute. On appeal he complains of several trial errors and arg...

  • Neumann v. K Jordan
    84 F3d 985
    Christopher Neumann appeals the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We affirm. The facts of the case, as related by the Wisconsin Appellate C...

  • United States v. Bedonie
    86 F3d 1163
    MEMORANDUM The government appeals Albert Bedonie's sentence and the district court's refusal to allow it to withdraw from its plea agreement. The government contends that the district court erred i...

  • United States v. Renteria Caicedo
    86 F3d 1153
    Victor Renteria-Caicedo and Franklyn Garcia appeal their convictions for possession with intent to distribute cocaine base (crack) in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(A) (1988). ...

  • United States v. Heffner
    85 F3d 435
    William W. Dean, Jr. (Dean) and W.W. Dean Associates (the Dean Partnership) appeal the denial by the district court of their motion to dismiss their criminal indictment on the grounds of double jeopa...

  • United States v. Garcia Rivas A
    86 F3d 1153
    Alexis Antonio Garcia-Rivas was arrested in the Greensboro Piedmont International Airport on April 11, 1995 when airport police found cocaine base in his luggage. He was indicted on the charge of po...

  • United States v. Cheung
    86 F3d 1153
    Appellants challenge the district court's denial of their motion to dismiss the conspiracy and currency structuring counts of the indictment against them as contrary to the Double Jeopardy Clause beca...

  • Reynolds v. County Of San Diego
    84 F3d 1162
    Michael L. Crowley, San Diego, California, for plaintiffs-appellants. Gerald P. Schneeweis, Douglas J. Collodel, and Richard H. Nakamura, Jr., Morris, Polich & Purdy, San Diego, California, for ...

  • Lovejoy v. Owens
    86 F3d 1156
    Petitioner Marvin Lovejoy, a federal prisoner, appeals pro se the summary judgment for defendants in his civil rights action filed under 42 U.S.C. § 1983 for excessive use of force, denial of exp...

  • United States v. Wells
    86 F3d 1154
    A jury convicted Jeffrey Wells of one count of possession with intent to distribute heroin, 21 U.S.C. § 841(a)(1), and one count of a prisoner in possession of heroin, 18 U.S.C. § 13, assimi...

  • United States v. Barlow
    86 F3d 1152
    Pursuant to his guilty plea, Charles Barlow was convicted of possessing with intent to distribute "crack" cocaine, in violation of 21 U.S.C. § 841(a)(1) (1988), and 21 U.S.C. § 841(b)(1)(A)(...

  • United States v. Ellis
    86 F3d 1164
    Before: BROWNING and JOHN T. NOONAN, JR., Circuit Judges, and MERHIGE, Senior District Judge. MEMORANDUM Carey Edward Ellis was convicted of possession of a controlled substance with intent to dis...

  • United States v. Segines
    86 F3d 1156
    Before: KENNEDY and COLE, Circuit Judges; and COHN, District Judge. COHN, District Judge. Defendant-appellants Antoine Segines (Segines) and Adrian Ayers (Ayers) each appeal their conviction and...

  • United States v. Wunsch
    84 F3d 1110
    In this case we are called upon to determine whether the district court properly sanctioned an attorney for conduct that occurred outside the courtroom and after the attorney had ceased to represent a...

  • United States v. Brown
    86 F3d 1156
    Aaron Brown, proceeding pro se, appeals a district court judgment denying his motion for a new trial filed pursuant to Fed.R.Crim.P. 33. This case has been referred to a panel of the court pursuant ...

  • United States v. Hunt
    86 F3d 1156
    Dennis Hunt pleaded guilty to possessing cocaine base for intended distribution, in violation of 21 U.S.C. § 841(a)(1). On September 8, 1995, the district court sentenced him to 151 months of i...

  • Soller v. Moore
    84 F3d 964
    Many tragic lawsuits are born in the "early morning hours." And many of these suits involve drinking, driving, and poor judgment. Some even involve guns, bloodshed, and death. This is such a cas...

  • United States v. Jones
    86 F3d 1156
    Elijah Jones, proceeding pro se, appeals a district court judgment denying his motion for a new trial filed pursuant to Fed.R.Crim.P. 33. This case has been referred to a panel of the court pursuant...

  • United States v. Ortiz
    84 F3d 977
    Manuel Hurtado and Julio Ortiz were arrested on September 7, 1991, in connection with a distribution of heroin charge. Ortiz, however, was released by the arresting officers shortly after being stop...

  • United States v. Williams
    86 F3d 1154
    Gary Williams appeals the convictions stemming from his involvement in a prison disturbance. We find no error, and we affirm. * A Williams is an inmate at Lorton Reformatory, a District of Columb...

  • McGlone v. Cole
    86 F3d 1156
    Before: RYAN and NORRIS, Circuit Judges; JOINER, District Judge. This pro se Kentucky state prisoner appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U....

  • Dunkin Donuts Incorporated
    86 F3d 1149
    Appellant Dunkin' Donuts argues that the district court wrongly found that Dunkin' Donuts and appellees, Arvind S. Lavani and Mohan H. Sutariya, entered into a binding settlement agreement. Although...

  • Daley v. Hanover County
    86 F3d 1149
    In this case, two-year-old Evan Hippeard was beaten to death by his father's girlfriend. Plaintiff, Evan's mother, brought suit, alleging that the county social service agency and its employees viol...

  • Davis v. E Freeman
    86 F3d 1149
    James B. Davis appeals from the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. We affirm. Davis contends that he has been denied the application of gain time c...

  • American Civil Liberties Union Of New Jersey v. Black Horse Pike Regional Board Of Education
    84 F3d 1471
    We are asked to decide whether a policy adopted by the Black Horse Pike Regional Board of Education that allows a vote of the senior class to determine if prayer will be included in high school gradua...

  • Simms v. Harrison
    86 F3d 1152
    Appellant appeals the district court's order denying relief on his 28 U.S.C. § 2254 (1988) motion alleging ineffective assistance of counsel. Specifically, Appellant alleged before the district...

  • United States v. Oladunjoye
    86 F3d 1153
    Austin Oladunjoye appeals the 18-month sentence he received following his guilty plea to uttering a forged U.S. obligation, 18 U.S.C.A. § 472 (West Supp.1995), 18 U.S.C. § 2 (1988), use of u...

  • United States v. Griffith
    86 F3d 1153
    Appellant Fred Griffith appeals his conviction under 18 U.S.C.A. § 924(c) (West Supp.1995) for using a firearm during the commission of a drug trafficking crime. Griffith pled guilty to the off...

  • United States v. E Hartmann Iii
    86 F3d 1153
    John E. Hartmann, III, appeals from the district court's order affirming the magistrate judge's judgment and commitment order imposing sentence after the jury's verdict that Hartmann willfully failed ...

  • United States v. Hoehn
    86 F3d 1156
    Before: RYAN and NORRIS, Circuit Judges; JOINER, District Judge. Walter Forbes Hoehn Sr. appeals his judgment of conviction and sentence entered after he pleaded guilty to assisting in the escape ...

  • Denbicare Usa Inc v. Toys R Us Inc
    84 F3d 1143
    Denbicare U.S.A. Inc. ("Denbicare") and Ernest H. McCoy appeal from a partial final judgment entered under Rule 54(b) after grants of summary judgment against them on their claims of copyright infrin...

  • United States v. E Roberts
    86 F3d 1156
    Defendant William Roberts appeals from the District Court's sentence of 295 months. He seeks a ruling from this Court that the District Court improperly enhanced his sentence based on his status as ...

  • United States v. Schuchmann
    84 F3d 752
    The government appeals the district court's judgment of acquittal. Because the government did not prove the knowledge element of the alleged crimes beyond a reasonable doubt, we affirm. In early 1...

  • United States v. A Page
    84 F3d 38
    Defendants Allen Adams and Tad Page pled guilty to three counts of conspiracy and interference with the civil rights of others in September of 1992. They now object to virtually every step of the co...

  • United States v. Carmona Leon
    86 F3d 1167
    On February 8, 1995, a federal grand jury sitting in the District of New Mexico returned an indictment against defendant-appellant Dionicio Carmona-Leon charging him with two counts of transporting il...

  • United States v. Buck
    86 F3d 1167
    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. Toler
    86 F3d 1165
    MEMORANDUM Petitioner Reggie Lamont Toler appeals from the district court's order denying his motion for post-conviction relief pursuant to 28 U.S.C. § 2255. We affirm. Toler argues that the...

  • Mukes v. Ramsey
    86 F3d 1166
    ORDER AND JUDGMENT Plaintiff-appellant Larry Mukes, a prisoner in the custody of the Oklahoma Department of Corrections (DOC) appearing pro se, appeals the dismissal of his 42 U.S.C. § 1983 acti...

  • Alford v. C Martin M
    86 F3d 1166
    ORDER AND JUDGMENT Plaintiff-appellant Lee Odis Alford, a federal prisoner from North Carolina, brought this pro se, civil rights action under 42 U.S.C. § 1983 against the warden and several mem...

  • United States v. Diaz
    86 F3d 1164
    Before: O'SCANNLAIN and TROTT, Circuit Judges; VAN SICKLE, District Judge. MEMORANDUM Diaz appeals from his 151-month sentence imposed following his guilty plea to two counts of bank robbery in v...

  • International v. Commercial
    84 F3d 299
    Teamsters Local 878 (the "Union") brought this action under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, to enforce an arbitrator's award in favor of Charles Keller against ...

  • United States v. Botelho
    86 F3d 1164
    Before: FLETCHER, D.W. NELSON and CANBY Circuit Judges. MEMORANDUM Norbert Andrew Botelho appeals his jury conviction for being a felon in possession of a firearm (two counts) and ammunition (one ...

  • United States v. Westcott
    83 F3d 1354
    William M. Kent, Asst. Federal Public Defender, Jacksonville, FL, for Appellant. Kathleen A. O'Malley, Asst. U.S. Atty., Jacksonville, FL, for Appellee. Appeal from the United States District Cour...

  • Delguidice v. K Singletary
    84 F3d 1359
    Dean Delguidice, a Florida prison inmate convicted in 1988 of attempted manslaughter and two counts of battery, appeals the district court's judgment denying his petition for writ of habeas corpus bro...

  • Barrios Velazquez v. Asociacion De Empleados Del Estado Libre Asociado De Puerto Rico
    84 F3d 487
    Appellants Eliezer Barrios-Velazquez ("Barrios"), Myrta Nieves-Vega ("Nieves") and Isidro Collazo ("Collazo"), in their personal capacity and as representatives of the "Comite de Delegados y Miembros ...

  • United States v. Wilkerson
    84 F3d 692
    ARGUED: Ronnie Monroe Mitchell, Harris, Mitchell & Hancox, Fayetteville, North Carolina, for Appellant. David J. Cortes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee....

  • 4
    101 F3d 685
    ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the order of said District Court be and it hereby is affirmed. Petitioner pro se Jaime Pineda, previously convicted of ...

  • United States v. Gateward
    84 F3d 670
    Appellant Kenneth Gateward was convicted after a jury trial for possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1). Gateward challenges the constitutionality of that statu...

  • Axa Marine and Aviation Insurance Limited v. Seajet Industries Inc Apa
    84 F3d 622
    This is an appeal from a final judgment of the United States District Court for the Southern District of New York, Leisure, J., Axa Marine and Aviation Ins. (UK) Ltd. v. Seajet Indus., 891 F.Supp. 97...

  • United States v. W Rhodes
    88 F3d 1279
    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. W Sluder E L B
    86 F3d 1157
    In these consolidated cases from Tennessee's Eastern District, appeals are brought on the basis of convictions for violations of 18 U.S.C. § 922(g)(1) which criminalizes a convicted felon's shipp...

  • United States v. Paul
    86 F3d 1156
    Before: BOGGS and MOORE, Circuit Judges; HILLMAN, District Judge. The defendant appeals a district court order detaining him pending trial on a charge of possession with intent to distribute cocai...

  • Yannott v. United States
    86 F3d 1157
    Before: RYAN and NORRIS, Circuit Judges; JOINER, District Judge. This pro se federal prisoner appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. &#...

  • Turcus v. Local Plastering
    86 F3d 1156
    Before: BOGGS and MOORE, Circuit Judges; HILLMAN, District Judge. Vasile Turcus, proceeding pro se, appeals a district court judgment denying his motion which is construed as seeking relief from j...

  • United States v. Clark
    83 F3d 1350
    The Government appeals the district court's dismissal of a federal indictment returned against Appellee Alblunte Sabatini Clark charging him with six counts relating to controlled substance violations...

  • United States v. Osborne
    86 F3d 1164
    MEMORANDUM James Hoyt Osborne appeals his conviction for establishing a methamphetamine manufacturing operation in violation of 21 U.S.C. § 846. We have jurisdiction, 28 U.S.C. § 1291, an...

  • Adams v. R Morgan
    86 F3d 1158
    John Williams Adams appeals the dismissal of his petition filed pursuant to 28 U.S.C. § 2254. Adams' petition challenged his May 1984 convictions in Wisconsin state court for one count of secon...

  • United States v. Godinez
    86 F3d 1164
    MEMORANDUM Javier Godinez appeals his conviction for possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction, 28 U.S.C. § 1291, and aff...

  • Francis v. Immigration and Naturalization Service
    86 F3d 1158
    Gabriel Francis is a 36-year-old native citizen of Jamaica who entered the United States as a lawful permanent resident on May 15, 1983. However, later that year he was convicted in the Southern Dis...

  • United States v. Griffing
    86 F3d 1156
    Before: DAUGHTREY and MOORE, Circuit Judges; FORESTER, District Judge. Sherman Thomas Griffing appeals his judgment of conviction and sentence entered on his plea of guilty to manufacturing mariju...

  • United States v. Pacheco
    86 F3d 1164
    MEMORANDUM Juvencio Tapia Pacheco appeals his conviction and sentence following a plea of guilty for possession of tar heroin with intent to distribute and for aiding and abetting. See 21 U.S.C. &#...

  • United States v. Bray
    86 F3d 1156
    Before: RYAN and NORRIS, Circuit Judges; JOINER, District Judge. Gregory Bray, represented by counsel, appeals his judgment of conviction and sentence. The parties have expressly waived oral arg...

  • This v. D
    101 F3d 684
    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 by counsel for appellants and by counsel for appellee....

  • United States v. J Karlin M Eight K Investment
    86 F3d 1167
    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. Allen
    86 F3d 1152
    The Appellant, Shawn Allen, appeals the district court's order denying his motion to suppress evidence obtained during a drug raid on a house occupied by Allen. Allen argues that the recovered evide...

  • Tucker v. Belaski Wh Seifert
    86 F3d 1167
    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. R Smith
    86 F3d 1154
    Andre Smith pled guilty to conspiracy to possess with intent to distribute and to distribute cocaine base and heroin, see 21 U.S.C.A. § 841(a), 846 (West 1981 & Supp.1995), money laundering, ...

  • United States v. Valdez
    86 F3d 1165
    MEMORANDUM We affirm the district court's judgment and sentence. The tape recordings at issue were cumulative and thus properly excluded under FedR.Evid. 403. Moreover, even without the tapes, th...

  • Hill v. Commissioner Of Internal Revenue
    86 F3d 1155
    Before: BOGGS and MOORE, Circuit Judges; HILLMAN, District Judge. William A. Hill, pro se, moves for leave to proceed on the appeal in forma pauperis and moves for counsel on appeal from a tax cou...

  • United States v. Villareal Montemayor
    86 F3d 1165
    MEMORANDUM Reynol Villareal-Montemayor appeals his conviction for conspiracy to counterfeit and sell false alien registration cards and false Social Security cards, in violation of 18 U.S.C. §&#...

  • Paulus v. United States
    86 F3d 1156
    Franklin Carl Paulus appeals a district court order denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. The case has been referred to a panel of the court pursuant to Rule...

  • Vadino v. Banco De Entre Rios
    86 F3d 1165
    MEMORANDUM Plaintiff-Appellant Louis Vadino appeals from the district court's order dismissing his complaint on forum non conveniens and international comity grounds and from the court's order dismis...

  • United States v. Robinson
    86 F3d 1153
    Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. John A. MacKenzie, Senior District Judge. (CR-94-34-NN) ARGUED: James Ashford Metcalfe, Senior ...

  • This v. Costello
    101 F3d 685
    Plaintiff-appellants Donald Brown, John Markowicz, and Paul Pushlar, pro se, appeal from a grant of summary judgment. Brown operated an unlicensed junkyard on his property, consisting mostly of aban...

  • Auer v. Bidinian
    86 F3d 1161
    MEMORANDUM Former state prisoner David Auer petitions for writ of habeas corpus under 28 U.S.C. § 2254, challenging his state conviction for possession of a controlled substance. The district ...

  • Jemmott v. Coughlin W
    85 F3d 61
    Defendants-appellants challenge a decision of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, denying their motion for summary judgment. Plaintiff-ap...

  • United States v. C Moffett
    84 F3d 1291
    Defendant Hilman C. Moffett appeals his conviction on one count of possessing with intent to distribute more than fifty kilograms of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 841...

  • Winnacunnet Cooperative School District v. National Union Fire Ins Co Of Pittsburgh Pa School Adminis
    84 F3d 32
    Plaintiff-appellants Winnacunnet Cooperative School District ("Winnacunnet") and School Administrative Unit # 21 ("SAU # 21") appeal the denial of their summary judgment motions and the grant of summa...

  • Sender Lp Lp Ii Lp v. E Simon
    84 F3d 1299
    This case arises out of an elaborate and long-running Ponzi scheme. As with all Ponzi schemes, this one collapsed and left many innocent investors with significant losses. The scheme was masterminde...

  • United States v. Akindele
    84 F3d 948
    Adegboyega Ayorinde Oladapo Oladipo Akindele ("Akindele") and Babatunde Lawal ("Lawal") appeal the sentences imposed by the district court following their guilty pleas to charges of mail fraud, credit...

  • Cato v. Immigration and Naturalization Service
    84 F3d 597
    Mark Anthony Cato, a lawful permanent resident of the United States, pled guilty to possession of a loaded firearm, and thereafter the Immigration and Naturalization Service ("INS") brought deportatio...

  • Milner v. Stainer
    86 F3d 1162
    MEMORANDUM Lynn Bernard Milner appeals the district court's denial of his petition for a writ of habeas corpus. See 28 U.S.C. § 2254. Milner seeks relief from his sentence of life without th...

  • Nelson v. Henson
    86 F3d 1163
    MEMORANDUM Donald K. Nelson, an Arizona State prisoner, appeals the district court's dismissal of his claims against his appointed advisory counsel, John Banker. No. 94-16125. He also appeals the...

  • United States v. L Fultz
    86 F3d 1156
    Berry Shouse, Jr., Larry Smith, and Vester Fultz were each convicted of one count of conspiracy to manufacture and distribute marijuana in violation of 21 U.S.C. § 846. The district court sente...

  • United States v. Ayers
    84 F3d 382
    For the reasons set forth below, we affirm the district court's decision that the defendant-appellant Corley Ayers is not entitled to a reduction in his offense level under 3B1.2 of the United States ...

  • Cave v. K Singletary
    84 F3d 1350
    Alphonso Cave appeals the district court's denial of his motion for enforcement of the writ of habeas corpus previously issued by the court. Cave argues that the district court was clearly erroneous...

  • Bergman v. Wa Duncan
    86 F3d 1161
    MEMORANDUM Edwin Coe Bergman, a California state prisoner, appeals the district court's dismissal of his habeas corpus petition without prejudice for failure to exhaust state remedies. We affirm. ...

  • United States v. Romain
    86 F3d 1156
    Defendant, Louis Romain, appeals from a jury verdict finding him guilty of bank fraud, wire fraud, transportation of stolen funds, money laundering and false personation of a foreign diplomat. Defen...

  • Bias v. M Redbird
    86 F3d 1166
    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...

  • Mix v. Mahoney
    86 F3d 1162
    MEMORANDUM Cody Mix appeals the district court's judgment denying his habeas corpus petition. After reviewing the record de novo, we are satisfied that the court's denial of relief was correct. W...

  • Quintanilla v. City Of Downey
    84 F3d 353
    Plaintiff Ever Quintanilla appeals from a judgment entered after a jury verdict against him in his 42 U.S.C. § 1983 suit against the city of Downey, its police chief, and three individual officer...

  • Jetton McKinley v. City Of Downey
    86 F3d 1162
    Before: SCHROEDER and O'SCANNLAIN, Circuit Judges, and BURNS, District Judge. MEMORANDUM On November 19, 1990, plaintiff Anthony Jetton was bitten by a police dog during his arrest by two city of ...

  • United States v. Ali
    86 F3d 275
    This panel first issued an opinion in this matter on October 23, 1995. The government petitioned for rehearing and we amended the opinion, prior to publication, upon consideration of that petition. ...

  • This v. P
    101 F3d 684
    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...

  • This v. Artuz
    101 F3d 684
    On August 3, 1982, police discovered the body of Blake's wife ("Mrs.Blake") in a parking garage in Nassau County, New York. The body was wrapped in a mattress pad, and a telephone cord was tied aroun...

  • This v. Walters
    101 F3d 684
    This cause came on to be heard on remand from the Supreme Court of the United States and was submitted on letter briefs. ON CONSIDERATION WHEREOF, it is hereby ordered, adjudged, and decreed that th...

  • Laza v. Rm Reish
    84 F3d 578
    Plaintiff Robert Laza, currently incarcerated in a New Jersey state prison, appeals from a decision of the Southern District of New York (Miriam Goldman Cedarbaum, District Judge ) dismissing his ...

  • United States v. R Melton
    86 F3d 1153
    Appellants Larry R., Randall W. and Marshall R. Melton were convicted of conspiracy to defraud the federal government by concealing assets from the Internal Revenue Service, failure to pay federal inc...

  • United States v. Frisbee
    86 F3d 1153
    Clearmon Isaac Frisbee, Jr. was charged with attempting to take a deer with the use of artificial light within the Pisgah National Forest in violation of 18 U.S.C.A. § 13 (West 1995) and N.C.G.S....

  • This v. Brook
    101 F3d 684
    This cause came on to be heard on the transcript of record and was submitted. Defendant-appellant Edward Fahey appeals from a judgment entered in the United States District Court for the Southern Di...

  • United States v. T Giwah
    84 F3d 109
    Abiodun Giwah pleaded guilty to one count of mail fraud in violation of 18 U.S.C. § 1341, one count of bail jumping in violation of 18 U.S.C. § 3146(a)(1) & (b)(1)(A)(ii), and one count ...

  • Lasker v. New York State Electric and Gas Corporation A
    85 F3d 55
    Plaintiffs Howard Lasker and Julianne Ramos appeal from a Memorandum and Order of the United States District Court for the Eastern District of New York (Allyne R. Ross, Judge) dismissing their Amended...

  • Barnes v. United States
    86 F3d 1161
    MEMORANDUM John Anthony Barnes appeals the district court's dismissal of his fourth habeas corpus petition, in which he seeks relief based on his asserted incompetency to plead guilty to two counts o...

  • This v. K
    101 F3d 684
    UPON CONSIDERATION of this appeal from a judgment of the United States District Court for the Western District of New York, it is hereby ORDERED, ADJUDGED, AND DECREED that the judgment be and it her...

  • Slaughter v. Prunty
    86 F3d 1163
    Before: O'SCANNLAIN, TROTT, Circuit Judges, and VAN SICKLE District Judge. MEMORANDUM David Slaughter pleaded guilty to first-degree murder and three counts of robbery exposing him to a sentence o...

  • United States v. Vasquez
    85 F3d 59
    This appeal from a judgment that includes a conviction for a firearm offense in violation of 18 U.S.C. § 924(c) is before the Court on remand from the Supreme Court "for further consideration in ...

  • Scribner v. M Summers A
    84 F3d 554
    Douglas and Laurie Scribner appeal from a decision and order of the United States District Court for the Western District of New York (David G. Larimer, Judge ), entered after a bench trial. The dis...

  • 2
    101 F3d 684
    This cause came on to be heard on the transcript of record and was argued by counsel for appellant Aybar and for the government, and was submitted by counsel for Hernandez. Defendants-appellants Nel...

  • United States v. Veloza
    83 F3d 380
    Pedro Nel Cardozo Veloza appeals his sentence following his guilty plea to importation of heroin. Veloza argues that the district court erred in refusing to grant a downward adjustment based upon hi...

  • Fdr Fox v. District Of Columbia
    83 F3d 1491
    F.D.R. Fox appeals from the dismissal of First Amendment and due process claims stemming from his termination as an employee of the D.C. Lottery and Charitable Games Control Board. The district cour...

  • Gainey v. Virginia Parole Board
    86 F3d 1149
    Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. We have reviewed the record and the district court's opinion and find no reversible ...

  • United States v. J Billman
    86 F3d 1153
    Appellant Tom Billman was one of four people indicted in 1989 for conspiracy (18 U.S.C. § 371), racketeering (18 U.S.C. § 1962(c)), and eighteen counts of wire and mail fraud (18 U.S.C. ...

  • United States v. Clark
    84 F3d 378
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th ...

  • Polin v. Hannigan
    101 F3d 684
    Pursuant to 42 U.S.C. § 1983, Polin commenced the action giving rise to this appeal on February 22, 1994. In his complaint, Polin named as defendants various New York State and Niagara County pe...

  • United States v. Matthews
    86 F3d 1153
    Appellant appeals from the district court's order denying his 28 U.S.C. § 2255 (1988) motion. We have reviewed the record and the district court's opinion and find no reversible error. Accord...

  • United States v. L Artic
    86 F3d 1158
    On direct criminal appeal, Robert L. Artic challenges his sentence alleging that (1) the district court erred by not reducing his offense level one point for timely accepting responsibility for his cr...

  • United States v. Schwalb
    83 F3d 1039
    Texas brokers William Schwalb and Robert Dunlap induced a Nebraska investor to invest $50,000 toward the purchase of woolen mill equipment that a Mexican buyer had supposedly committed to repurchase, ...

  • Ricks v. Waltemeyer
    86 F3d 1152
    Appellant appeals from the district court's order denying his Fed.R.Civ.P. 60(b) motion to alter or amend judgment. We have reviewed the record and the district court's opinion and find no reversibl...

  • Schumacher v. X Hopkins
    83 F3d 1034
    In 1990, a jury found Mark Schumacher guilty of first degree sexual assault, two counts of first degree false imprisonment, and two counts of using a firearm to commit a felony. During his sentencin...

  • United States v. Owens
    86 F3d 1164
    MEMORANDUM Alvin Pipkin Owens appeals his convictions on four counts of knowingly making false statements on loan applications submitted to four different federally insured financial institutions for...

  • United States v. Hernandez
    84 F3d 931
    A jury convicted David Hernandez of knowingly and intentionally possessing with intent to distribute cocaine and heroin in violation of 21 U.S.C. § 841(a)(1). Hernandez challenges two of the di...

  • United States v. Khan
    88 F3d 1279
    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...

  • Pena v. Mattox
    84 F3d 894
    This appeal from the dismissal of a complaint for failure to state a claim, and from the denial of a motion for reconsideration and for leave to file an amended complaint, presents two questions. Th...

  • United States v. Scott
    86 F3d 1156
    Defendant Ricardo Scott appeals his convictions on seven counts of bank fraud, violations of 18 U.S.C. §§ 1344 and 2, arguing that he was entitled to a judgment of acquittal because the gove...

  • Solorzano Lopez v. Immigration and Naturalization Service
    86 F3d 1163
    MEMORANDUM Edgar J. Solorzano-Lopez petitions for review of a Board of Immigration Appeals ("Board") decision denying his applications for asylum and withholding of deportation. We have jurisdictio...

  • United States v. Rivera
    83 F3d 542
    Defendant Reynaldo Vazquez Rivera was convicted of carjacking in violation of 18 U.S.C. § 2119. He claims that the district court committed two errors: first, by allowing the jury to hear evid...

  • United States v. Baker
    84 F3d 1263
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th ...

  • United States v. Laboy Delgado
    84 F3d 22
    On November 3, 1993, a federal grand jury empaneled in the District of Puerto Rico indicted defendant-appellant Juan Laboy-Delgado (Laboy) for conspiring to possess cocaine with intent to distribute, ...

  • Bazuaye v. United States
    83 F3d 482
    Secret Service agents arrested Joromi H. Bazuaye on October 16, 1991, for engaging in a scheme of credit card fraud. Soon after his arrest, Bazuaye attempted to secure his release on bail by having ...

  • Piraino v. International Orientation Resources Inc
    84 F3d 270
    International Orientation Resources, Inc. ("IOR") is a company that provides cross-cultural training to American families and individuals who are relocating overseas and to foreign families and indiv...

  • This v. Us
    101 F3d 684
    In September of 1991, Schwartz brought an action against Capital Liquidators, Inc. ("Capital") for breach of contract, fraud, and conversion. Schwartz sought $5 million in total damages, including $...

  • Wg Clanton v. People Of City Of East Lansing
    86 F3d 1155
    Herbert W.G. Clanton, a pro se Michigan litigant, appeals the summary judgment in favor of the defendant in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case has been refer...

  • United States v. Schwab
    85 F3d 326
    James Edward Schwab appeals from the district court's order revoking his supervised release and sentencing him to 21 months imprisonment. We affirm. Schwab was convicted of conspiring to transport...

  • Tatum v. Legg Mason Wood Walker Inc
    83 F3d 121
    Defendant Bernie L. Smith III ("Smith") ran a financial advising and planning business. Plaintiffs Pat Tatum, Waller Funeral Home, Patricia M. Miller, Dr. Winn Walcott, and Smith's parents--Bernie L...

  • This Summary
    101 F3d 684
    Charles Jefferson appeals from his conviction after a jury trial before Judge Skretny. Jefferson was convicted of one count of conspiring to manufacture and distribute methamphetamine in violation of...

  • Jones Iii v. Sheehan Young and Culp Pc
    82 F3d 1334
    Appellants' damages suit against their former attorneys was dismissed on summary judgment on the basis of collateral estoppel. We affirm, but do so on the basis of res judicata. Jones Program Mana...

  • United States v. Bell
    86 F3d 1164
    Before: BEEZER and HAWKINS, Circuit Judges, and QUACKENBUSH, Senior District Judge. MEMORANDUM Jimmy Dale Bell appeals his jury conviction on two counts (I & III) of possession with the intent...

  • This v. Chau
    101 F3d 684
    APPEARING FOR APPELLANT: Thomas M. Nooter, Freeman, Nooter & Ginsburg, New York, NY. APPEARING FOR APPELLEE: Treby McL. Williams, Assistant United States Attorney for the Southern District of ...

  • American Tank Transport Incorporated v. First Peoples Community Federal Credit Union
    86 F3d 1148
    American Tank Transport, Inc. ("ATT") seeks review of the district court's order granting summary judgment in favor of Paul C. Herring ("Herring") and dismissing ATT's claims against First People's C...

  • United States v. Barnes
    83 F3d 934
    These consolidated appeals raise questions about the prerequisites for and consequences of guilty pleas controlled by Rule 11 of the Federal Rules of Criminal Procedure. Michael and Cheryl Barnes, h...

  • United States v. Gilliam
    86 F3d 1156
    Defendant Gary Gilliam appeals his conviction following a bench trial for one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). We AFFIRM. This criminal...

  • United States v. D Funches
    84 F3d 249
    Riley D. Funches was convicted by a jury of two counts of bank robbery, in violation of 18 U.S.C. § 2113(a). Specifically, Funches was convicted of robbing a Bank One Branch and an Equitable Ba...

  • United States v. Lantigua Bonilla
    83 F3d 541
    Defendant-appellant Rigoberto Lantigua-Bonilla seeks return on constitutional grounds of some $80,000 forfeited to the government as part of his plea agreement. Because appellant is a fugitive who h...

  • McDonnell v. G Cisneros
    84 F3d 256
    These two consolidated suits, brought under Title VII of the Civil Rights Act of 1964, charge sexual harassment by HUD, the plaintiffs' employer, and also retaliation for complaining about the alleged...

  • United States v. Watkins
    86 F3d 1157
    Charles Watkins was a co-conspirator in an armed carjacking which resulted in the murder of one of the carjacking victims, Jeff Wolfe, by Watkins' co-conspirator Michael DeAngelo Green. The facts of...

  • United States v. Martinez
    83 F3d 371
    Humberto Gallo, Hector Martinez and Jorge Gomez appeal their convictions for conspiracy to possess, and possession of cocaine with the intent to distribute it, in violation of 21 U.S.C. §§ 8...

  • Peterson v. Williams
    85 F3d 39
    The Sixth Amendment provides that "[i]n all criminal prosecutions, the accused shall enjoy the right to a ... public trial...." And the Supreme Court has noted that violations of this provision are n...

  • United States v. Bajakajian
    84 F3d 334
    The United States appeals the decision of the district court following the defendant's guilty plea to failure to report currency in violation of 31 U.S.C. § 5316(a)(1)(A). Specifically, the Unit...

  • United States v. Blalock
    86 F3d 1153
    Appellants Jimmie Ross Blalock and Lee Roy Blalock, Jr., were convicted by a jury of conspiring to possess and distribute marijuana. On appeal, both Appellants have argued that the district court cl...

  • Tucker v. Dw Waddell B
    83 F3d 688
    This case involves alleged violations of Title II of the Electronic Communications Privacy Act of 1986, 18 U.S.C. § 2701 et seq., by appellee, the City of Durham, North Carolina, and certain offi...

  • Powers v. Bayliner Marine Corporation
    83 F3d 789
    COHN, District Judge. This is an appeal from a products liability judgment following a jury verdict, both in favor of defendant-appellee, Bayliner Marine Corporation (Bayliner). Plaintiffs-appella...

  • Case v. Maass
    86 F3d 1161
    Before: GOODWIN and SCHROEDER, Circuit Judges, ARMSTRONG, District Judge. MEMORANDUM Case appeals dismissal of his petition for habeas corpus relief contending that his due process rights were vio...

  • United States v. Simmons
    83 F3d 686
    The sole question before the court in this case is whether a Molotov cocktail, comprising a glass bottle filled with gasoline and a cloth fuse, is a "destructive device" as that term is defined in 26 ...

  • Dunson v. United States
    87 F3d 1315
    Robert Leslie Dunson, a pro se federal prisoner, appeals a district court order denying his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. This case has been refer...

  • Black v. Ashley
    87 F3d 1315
    Before: NORRIS and DAUGHTREY, Circuit Judges; HILLMAN, District Judge. Kevin R. Black, a pro se Kentucky prisoner, moves for accelerated review on appeal from a district court order dismissing his...

  • Carter v. Thomas
    85 F3d 640
    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. Carroll
    87 F3d 1315
    Randall Carroll pled guilty to one count of conspiracy in violation of 18 U.S.C. § 371 in connection with an odometer-tampering scheme. He was sentenced to 37 months of imprisonment, three year...

  • United States v. Brodala
    86 F3d 1164
    Before: GOODWIN and SCHROEDER, Circuit Judges, ARMSTRONG, District Judge. MEMORANDUM The sole issue presented in this appeal is whether the district court erred by denying appellant's motion to su...

  • Ruiz v. Immigration and Naturalization Service
    86 F3d 1163
    Before: NORRIS and WIGGINS, Circuit Judges, JONES, District Judge. MEMORANDUM Zoila Rosa Ruiz ("petitioner") and her two minor-age sons, Yader Alezander Rosales-Ruiz and Erick Jose Rosales-Ruiz, a...

  • United States Of v. Alatise
    86 F3d 1158
    Oluwajuyin Alatise and Clement Abandy pleaded guilty to conspiring to possess heroin with intent to distribute it. 21 U.S.C. § 846, 18 U.S.C. § 2. Abandy subsequently sought permission to...

  • Gutstein v. United States
    86 F3d 1162
    MEMORANDUM Robert Gutstein appeals the district court's denial of his habeas corpus petition in which he alleged that he received ineffective assistance of counsel in his criminal trial on conspiracy...

  • United States v. Cohn
    86 F3d 1158
    Jason Cohn pleaded guilty to possessing with intent to distribute approximately 12.1 grams of blotter paper containing LSD, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Cohn was sentenc...

  • Manns v. United States
    86 F3d 1158
    Petitioner Skid Manns appeals pro se the district court's denial of his motion for postconviction relief under 28 U.S.C. § 2255. He now argues, for the first time, that the district court viola...

  • Tate Bey v. McCarroll
    87 F3d 1315
    Before: NELSON and MOORE, Circuit Judges; CLELAND, District Judge. Carl A. Tate-Bey, pro se, appeals a district court order granting summary judgment in favor of the defendants in this civil right...

  • This v. Carpio Bajana
    101 F3d 684
    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 appeal hereby is DISMI...

  • Mora Artola v. Immigration and Naturalization Service
    86 F3d 1162
    Before: BROWNING and NOONAN, Circuit Judges, and MERHIGE, District Judge. MEMORANDUM Petitioner Alberto Alexander Mora-Artola is a 25-year-old native and citizen of Nicaragua who came to the Unite...

  • United States v. Tucker
    78 F3d 1313
    Kenneth W. Starr, Little Rock, AR, argued, for appellant. George B. Collins, Chicago, IL, argued (William H. Sutton and James J. Lessmeister, Little Rock, AR, on the brief), for appellee Jim Guy Tuc...

  • United States v. Smythe
    84 F3d 1240
    Mr. Smythe entered a conditional plea to conspiracy to possess with intent to distribute, to distribute, and to manufacture methamphetamine, 21 U.S.C. § 846, and carrying and using a firearm duri...

  • United States v. F Colacurcio
    84 F3d 326
    Defendant Frank F. Colacurcio appeals the district court's order revoking his probation in a felony case and sentencing him to 36 months imprisonment. A federal magistrate judge held a probation rev...

  • Alpern v. Utilicorp United Inc
    84 F3d 1525
    William D. Alpern and Russell D. Miller filed this securities fraud suit against UtiliCorp United Inc. (UtiliCorp) on behalf of themselves and similarly situated stock purchasers. Employees of a se...

  • United States v. V Chastain
    84 F3d 321
    Appellant Roger V. Chastain ("Chastain") was convicted pursuant to 26 U.S.C. § 7203 of five misdemeanor counts of willfully failing to timely pay income taxes. Chastain contends (1) the magistra...

  • United States v. T McGiff
    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...

  • Henke v. United States Department Of Commerce
    83 F3d 1453
    The issue in this case is whether the Department of Commerce's Advanced Technology Program ("ATP") maintains a "system of records" containing "records" about appellee Wanda Henke, within the meaning o...

  • United States v. Friedland J 95 5582 Friedland
    83 F3d 1531
    David Friedland appeals from orders entered on March 2, 1995, and August 3, 1995, in these post-conviction proceedings in which he seeks release from incarceration. The district court denied his app...

  • This v. Anderson
    101 F3d 684
    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...

  • Avila v. G Rubin
    84 F3d 222
    Daniel A. Edelman, Cathleen M. Combs, Tara G. Redmond, J. Eric VanderArend, Michelle A. Weinberg (argued), O. Randolph Bragg, Edelman & Combs, Chicago, IL, Joanne Faulkner New Haven, CT, for plain...

  • United States v. A Hofierka
    83 F3d 357
    This case comes to us on consolidated appeal. Appellants Michael A. Hofierka and Ronald Carl Andrews separately appeal the sentences imposed on them for violating the terms of their supervised relea...

  • Brooks v. George County Mississippi
    84 F3d 157
    Today we have entered an order denying the Appellants' Petition for Rehearing in the above case. However, we withdraw our prior opinion on this matter, found at 77 F.3d 834, and substitute the follo...

  • Hall
    85 F3d 628
    In this interlocutory appeal under 28 U.S.C. § 1292, plaintiffs Sean Hall and Brent Herring challenge the district court's grant of summary judgment to all but one of the defendants in this actio...

  • Scheidemann v. Immigration and Naturalization Service
    83 F3d 1517
    Petitioner James Enrique Scheidemann, a permanent resident alien, seeks review of an order of the Board of Immigration Appeals ("BIA") dismissing his appeal from an immigration judge's deportation ord...

  • United States v. I Paulsen Iii
    85 F3d 638
    MEMORANDUM Paulsen and 25 other persons were indicted in a 127-count indictment on September 21, 1994. Paulsen was charged with one count of conspiracy to distribute over 5 kilos of cocaine in viol...

  • United States v. Hayes
    85 F3d 629
    Defendant Vernon Hayes was convicted of one count of being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). Defendant appeals this conviction, arguing that § 922(g)(1) is a...

  • United States v. L Jones
    83 F3d 927
    Spencer Jones was convicted following a jury trial of robbing the Bethlehem Employees Federal Credit Union in Michigan City, Indiana. Three tellers from the credit union testified about various thin...

  • Monroe v. United States
    85 F3d 637
    Before: LAY, FERGUSON, and LEAVY Circuit Judges. MEMORANDUM Federal prisoner, Sue Monroe, appeals pro se the district court's denial of her 28 U.S.C. § 2255 motion to vacate, set aside, or co...

  • Spear Leeds Kellogg v. Central Life Assurance Company
    85 F3d 21
    On this appeal from the grant of a preliminary injunction enjoining arbitration, issued by the United States District Court for the Southern District of New York (Duffy, J.), we are asked to decide wh...

  • United States v. Razo Granado
    86 F3d 1147
    Appellant Maria Razo-Granado was convicted of drug offenses arising out of a failed attempt to smuggle cocaine into the United States. She did not appeal her conviction or sentence and is presently ...

  • Walton v. Rite Aid Of Ohio Inc
    85 F3d 630
    Before: NORRIS and COLE, Circuit Judges; HULL, District Judge. HULL, District Judge. Terrance Walton appeals from the district court's order granting summary judgment to defendant Rite Aid of Oh...

  • Thomas v. United States
    85 F3d 629
    Jeffery Thomas appeals a district court order denying his motion to vacate sentence filed under 28 U.S.C. § 2255. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules...

  • Poodry v. Tonawanda Band Of Seneca Indians
    85 F3d 874
    The petitioners are members of the Tonawanda Band of Seneca Indians, a federally recognized Indian tribe. They claim that on January 24, 1992, certain tribal officials summarily convicted them of "t...

  • Giron Rizo v. Immigration and Naturalization Service
    85 F3d 635
    MEMORANDUM The petitioner appeals from an order of the Board of Immigration Appeals affirming an immigration judge's decision that Giron-Rizo did not qualify for asylum or withholding of deportation....

  • Wilcher v. Rose
    85 F3d 630
    Before: NELSON and MOORE, Circuit Judges; CLELAND, District Judge. James R. Wilcher appeals pro se from a district court judgment that dismissed his habeas corpus petition filed under 28 U.S.C. &#...

  • Transpac Drilling Venture 1983 2 Dobbins v. United States
    83 F3d 1410
    The question in this case is whether the United States Court of Federal Claims correctly held that assessments of additional partnership tax liability made by the Commissioner of Internal Revenue were...

  • Lane v. Littlefield
    85 F3d 629
    William Lane, an Ohio state prisoner, appeals pro se a district court judgment denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This case has been referred to a pa...

  • Gill v. Thomas
    83 F3d 537
    Plaintiff-appellant Michael Gill sought redress under 42 U.S.C. § 1983 in Maine's federal district court for a police officer's alleged use of excessive force in arresting him following a routine...

  • Love v. City Of Grand Rapids
    85 F3d 629
    Before: NELSON and MOORE, Circuit Judges; CLELAND, District Judge. Jasper Love, a pro se Michigan citizen, appeals a district court order granting summary judgment in favor of the defendants in th...

  • Duckworth v. H Ford C
    83 F3d 999
    John H. Ford appeals from a final judgment entered in the United States District Court for the Western District of Missouri, upon a jury verdict, in favor of Melvin Eugene Duckworth in this civil righ...

  • United States v. Hui
    83 F3d 592
    Weng Yu Hui appeals from a judgment of conviction entered in the United States District Court for the Eastern District of New York (Reena Raggi, Judge ) on October 27, 1995. Weng pleaded guilty to c...

  • United States v. Holt
    85 F3d 629
    James Darrell Holt appeals from the denial of his petition for a writ of habeas corpus, under 28 U.S.C. § 2255, following his conviction of a federal crime, claiming ineffective assistance of cou...

  • United States v. Winnicki
    85 F3d 630
    Defendant, Natasha Halina Winnicki, appeals her sentence pursuant to a guilty plea to theft of Social Security funds in violation of 18 U.S.C. § 641 and deceiving the Departments of Agriculture a...

  • United States v. Flowers
    85 F3d 629
    Defendant Kerney Flowers challenges his conviction and sentence pursuant to a guilty plea for conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841(a) and 846; possession with i...

  • Langford v. E Lecureux
    85 F3d 629
    Before: NELSON and MOORE, Circuit Judges; CLELAND, District Judge. Terry Young Langford, a pro se Michigan state prisoner, moves for counsel on appeal from a district court order denying his petit...

  • United States v. Waters
    84 F3d 86
    Defendant Jerry Waters appeals from a March 5, 1996, order of the United States District Court for the Eastern District of New York (Carol Bagley Amon, Judge ), pursuant to Rule 35(c) of the Federal R...

  • United States v. D McGhee
    85 F3d 618
    Letarcha McGhee appeals the revocation of her supervised release and the imposition of an eleven-month prison sentence. Finding no error, we affirm. McGhee was found guilty of three counts of forg...

  • United States v. Conway
    86 F3d 1158
    In this appeal, Melvin Conway challenges the district court's calculation of the amount of drugs on which his sentence for possession with intent to distribute cocaine was based. The district court ...

  • United States v. Arlt
    85 F3d 638
    MEMORANDUM Charles Wesley Arlt appeals the district court's denial of his pretrial motion to dismiss the indictment. In this interlocutory appeal, he argues that allowing the present criminal prose...

  • United States v. Hickey
    86 F3d 1158
    Defendant Charles Hickey pled guilty to one count of bank fraud in violation of 18 U.S.C. § 1344 and was sentenced to 12 months' imprisonment. Hickey's court-appointed counsel, Patrick J. Stang...

  • Armendariz Mata v. Us Dept Of Justice Drug Enforcement Administration
    82 F3d 679
    Carlos Armendariz-Mata ("Mata"), a federal prisoner, filed suit against the Department of Justice, the Drug Enforcement Administration ("DEA"), and four individual law enforcement officers pursuant to...

  • United States v. Domitrovich
    85 F3d 638
    MEMORANDUM Mark Allen Domitrovich appeals the denial of his motion to vacate his sentence under 28 U.S.C. § 2255. On October 27, 1993, United States Drug Enforcement Administration ("DEA") age...

  • United States v. D Swangim
    86 F3d 1158
    Following a jury trial, defendant Kimmie D. Swangim was found guilty of possession of firearms by a felon. Throughout the proceedings before the district court, he admitted possessing the firearms i...

  • This v. Adams
    101 F3d 684
    APPEARING FOR APPELLANT: Susan G. Kellman, New York, N.Y. APPEARING FOR APPELLEE: David C. James, Assistant United States Attorney, Eastern District of New York, Brooklyn, N.Y. E.D.N.Y. AFFIRM...

  • This v. J
    101 F3d 684
    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 Quinn
    83 F3d 917
    Willie Allen Quinn entered a conditional plea of guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). Prior to entering the plea, however, ...

  • Maietta v. Artuz
    84 F3d 100
    The issue on this appeal concerns the preclusive effect of a guilty plea in the context of successive criminal prosecutions. The precise issue is whether a guilty plea forecloses a challenge to the ...

  • United States v. Ward
    85 F3d 639
    MEMORANDUM Ward pleaded guilty to conspiracy charges involving the possession and distribution of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846. He subsequently moved to withd...

  • This v. Gambino
    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 argued by counsel. ON CONSIDERATION WHEREOF, IT IS HERE...

  • Moorman v. A Thalacker Co Moorman
    83 F3d 970
    Lee Moorman was disciplined after he was found to have violated prison regulations. The discipline included the loss of sixteen days of good time. He filed suit under 42 U.S.C. § 1983 claimin...

  • United States v. Crawford
    83 F3d 964
    Artie Deshann Crawford appeals his sentence based on a plea of guilty to distributing 55.6 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1) (1994). Crawford attacks the sentencing sc...

  • United States v. Sturm Ruger and Company Inc
    84 F3d 1
    On the surface this case appears to touch a sensitive nerve: how the Occupational Safety and Health Act (OSH Act), 29 U.S.C. §§ 651-678 (1994), interfaces with the field of ergonomics (the ...

  • Nyonzele v. Immigration and Naturalization Service
    83 F3d 975
    Ngwando Zele Nyonzele, a citizen of Zaire, petitions for judicial review of the decision of the Board of Immigration Appeals (BIA) finding him deportable and denying his applications for discretionary...

  • United States v. Kin Hong
    83 F3d 523
    Before us is an appeal by the United States from the grant of a petition for a writ of habeas corpus releasing Lui Kin-Hong, a/k/a Jerry Lui ("Lui"), on bail pending a decision on his extraditability ...

  • Johnson v. United States Parole Commission
    85 F3d 616
    Allen Ray Johnson appeals from the district court's order denying relief on his habeas corpus petition filed under 28 U.S.C. § 2241 (1988). This court has granted Appellee's motion to submit th...

  • United States v. Stantini
    85 F3d 9
    Orazio Stantini and Robert Bisaccia appeal their convictions for both conspiracy to murder and murder following a jury trial in the United States District Court for the Eastern District of New York (I...

  • United States v. Byrne
    83 F3d 984
    Jane Ellen Byrne and Anthony Luciano Santonelli appeal from final judgments entered in the United States District Court for the Eastern District of Missouri, upon jury verdicts finding them guilty of ...

  • Armstrong v. United States
    85 F3d 628
    Vernon Armstrong, a federal prisoner proceeding pro se, appeals a district court order denying his motion to vacate, set aside, or correct his sentence filed under 28 U.S.C. § 2255. This case h...

  • Stover v. Oconnell Associates Incorporated
    84 F3d 132
    In this case, we revisit the statutory and constitutional limits of Maryland's long-arm statute, Md.Code Ann., Cts. & Jud.Proc. § 6-103. Assuming that the statute extends jurisdiction to th...

  • United States v. Pits
    85 F3d 629
    This is an appeal from a conviction on charges of possession of cocaine and conspiracy to possess the drug with intent to distribute it. The defendant, Sundra Pits, contends that the trial court vio...

  • United States v. Henderson
    85 F3d 617
    Appellant Carlos Tyrone Henderson was indicted for possession with intent to distribute cocaine base. See 21 U.S.C. § 841(a) (1988). Henderson moved unsuccessfully to suppress the introductio...

  • 2
    85 F3d 630
    Defendant Sylvia Ann Smith appeals from the judgment of conviction for conspiracy to possess with intent to distribute crack cocaine and possession of crack cocaine. For the reasons that follow, we ...

  • United States v. Andrade
    83 F3d 729
    In this direct appeal from his conviction and sentence, Juan Antonio Andrade seeks to vacate his guilty plea to one count of use of a firearm during and in relation to drug trafficking crimes, in viol...

  • United States America v. Bartlett C
    85 F3d 617
    Timothy William Bartlett pled guilty to mail fraud, 18 U.S.C.A. § 1341 (West Supp.1995), and was sentenced to a term of 70 months imprisonment. He appeals his sentence, alleging that the govern...

  • Taft v. Vines L M
    83 F3d 681
    On July 30, 1993, the Appellants, Jeanette Teel Taft, Onte Taft, Kimberly Taft, Harry Teel, Jr., and Shamesa Teel, filed suit pursuant to 42 U.S.C. § 1983 against the Appellees, various Pitt Coun...

  • Salazar Uriarte v. Immigration and Naturalization Service
    85 F3d 637
    MEMORANDUM Jose Norberto Salazar-Uriarte appeals from the Board of Immigration Appeals' (BIA) refusal to grant him discretionary relief from deportation under section 212(c), 8 U.S.C. § 1182(c)....

  • United States v. Mejia
    82 F3d 1032
    Guillermo Mejia, Jorge Ortega and Ramon Lopez appeal drug convictions. We affirm. Jose Benitez, a confidential informant working under the supervision of Special Agent Paul Grimal, was placed on a...

  • United States v. 825 827 Riverside Drive Ft Collins Colorado E Schwasinger
    85 F3d 641
    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...

  • This v. Keane
    101 F3d 683
    Petitioner Jefferson McLamb appeals from the September 30, 1994, judgment of the District Court dismissing his petition for a writ of habeas corpus on the ground that the claims asserted in the petiti...

  • Erdman v. Michigan Department Of Corrections L S L J J
    85 F3d 628
    Dennis Guy Erdman, a pro se Michigan state prisoner, appeals the entry of summary judgment for the defendants in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case has been ...

  • Green v. Co Dalsky
    85 F3d 628
    Gary Louis Green appeals a district court grant of summary judgment for defendants in this civil rights action filed under 42 U.S.C. § 1983. This case has been referred to a panel of the court ...

  • Smith v. Pontessa
    85 F3d 629
    Dennis Howell Smith appeals a district court judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. § 2241. This case has been referred to a panel of the court pursu...

  • United States v. Lemmo
    85 F3d 629
    The Defendant-Appellant, Mary Ann Lemmo, appeals her conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) (1988). Lemmo's argument on appeal is that the...

  • United States v. W Eackelbary
    85 F3d 629
    Garrett Eackelbary appeals a district court judgment of conviction and sentence. The parties have waived oral argument, and this panel unanimously agrees that oral argument is not needed. Fed.R.Ap...

  • United States v. Perez
    85 F3d 629
    Before: BROWN and SILER, Circuit Judges; HOOD, District Judge. This is a direct appeal from a criminal conviction in which counsel for the defendant moves to withdraw representation. This case h...

  • Dong v. Slattery L
    84 F3d 82
    This appeal concerns an unfortunate lack of coordination between the Legislative and Executive Branches on a matter involving deportation to the People's Republic of China ("PRC") of aliens who fear t...

  • Walker v. Farmers Insurance Company Inc
    83 F3d 349
    Plaintiff Linda Walker made claims under two auto insurance policies with defendant Farmers Insurance Company ("Farmers") as a result of a shooting incident that caused the death of her husband Barry ...

  • Coleman v. Sun Financial Group
    85 F3d 628
    Plaintiff-Appellant, Gloria Coleman ("Coleman"), appeals the district court's granting of summary judgment in favor of the Defendant-Appellee, Sun Life Assurance Company of Canada ("Sun Life"). For t...

  • United States v. J Smith
    82 F3d 1564
    After defendant-appellant Brandon Smith's motions for a judgment of acquittal on a charge under 18 U.S.C. § 924(c)(1) were denied, Smith was convicted on one count of possession of cocaine base w...

  • United States v. Noland Trustee For First Truck Lines Inc
    517 US 535
    The issue in this case is the scope of a bankruptcy court's power of equitable subordination under 11 U. S. C. Section(s) 510(c). Here, in the absence of any finding of inequitable conduct on the par...

  • United States v. Armstrong
    517 US 456
    In this case, we consider the showing necessary for a defendant to be entitled to discovery on a claim that the prosecuting attorney singled him out for prosecution on the basis of his race. We con...

  • Marzano v. Ducharme
    85 F3d 637
    Before: FLETCHER, NOONAN, AND RYMER, Circuit Judges MEMORANDUM Daniel Marzano pled guilty to one count of Aggravated First Degree Murder and one count of First Degree Murder in 1980 for the murder ...

  • Butts v. Wamsley
    94 F3d 644
    Before: SILER and BATCHELDER, Circuit Judges; CARR, District Judge. This matter is before the court upon consideration of the appellant's response to this court's order directing him to show cause...

  • Commonwealth Of Northern Mariana Islands v. Hilario
    91 F3d 151
    MEMORANDUM Defendant Robert Placer Hilario appeals his convictions for driving under the influence of alcohol in violation of 9 C.M.C. § 7105, reckless driving in violation of 9 C.M.C. § 71...

  • Chambers v. United States
    87 F3d 1315
    Before: BROWN and SILER, Circuit Judges; HOOD, District Judge. Larry Chambers, proceeding pro se, appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C...

  • United States v. Broncheau
    85 F3d 638
    Before: PREGERSON and TASHIMA, Circuit Judges, and JONES, District Judge. MEMORANDUM In this case involving a murder within the Nez Perce Indian Reservation, the Appellant cites only two cases and...

  • Lawson v. United States
    85 F3d 629
    Before: SILER and BATCHELDER, Circuit Judges; CARR, District Judge. Darvin Lawson, proceeding pro se, appeals a district court judgment denying his motion to vacate his sentence filed pursuant to ...

  • United States v. S Fowler
    85 F3d 617
    Richard S. Fowler appeals his convictions for unlawful possession of a firearm by a convicted felon, see 18 U.S.C. § 922(g), making a false statement in connection with the acquisition of a firea...

  • United States v. Juergens
    85 F3d 618
    Ted Williams Juergens appeals the district court order revoking his supervised release and imposing a sentence of twenty-one months. Juergens contends that the term of supervised release was imposed...

  • United States v. Jones
    85 F3d 618
    Pattimus Jones appeals from his conviction of and sentence imposed for engaging in a conspiracy to distribute crack cocaine in violation of 21 U.S.C.A. § 841(a)(1), (b)(1)(A) (West 1981 & Sup...

  • United States v. Shulman
    85 F3d 618
    In 1992, Robert Shulman pled guilty to conspiracy to evade Food & Drug Administration (FDA) regulations, 18 U.S.C.A. § 371 (West Supp.1995); obstruction of federal agency proceedings, 18 U.S...

  • United States v. W Buehl
    85 F3d 638
    Before: PREGERSON and TASHIMA, Circuit Judges, and JONES, District Judge. MEMORANDUM Defendant-Appellant Lanny W. Buehl (Buehl), pled guilty to murder in the second degree on July 19, 1994. He r...

  • John Doe Ii v. Burton M
    85 F3d 635
    MEMORANDUM Alaska enacted a sex offender registration act in 1994. John Doe, who is subject to the requirements of the Act due to a previous conviction for a sex offense, and his wife Jane Rowe, al...

  • United States v. M Hamilton
    85 F3d 632
    Defendant John Hamilton was convicted of aggravated bank robbery and sentenced to 190 months' imprisonment. His conviction and sentence were affirmed by this court on appeal. United States v. Hamil...

  • United States v. Muse
    83 F3d 672
    After a jury trial, appellant Randall Dwayne Muse was convicted of violating 18 U.S.C. § 922(g), which criminalizes a convicted felon's possession of a firearm. Muse appeals, asserting that the...

  • Walton v. United States
    85 F3d 630
    Before: SILER and BATCHELDER, Circuit Judges; CARR, District Judge. Loretta Walton appeals pro se from a district court judgment that denied a motion to vacate, set aside or correct her sentence u...

  • Arango Alvarez v. Immigration and Naturalization Service
    85 F3d 628
    Luis Arango-Alvarez, a federal prisoner, moves for pauper status, requests the appointment of counsel and appeals a district court order dismissing his petition for a writ of mandamus pursuant to 28 U...

  • Williams v. Horner
    85 F3d 630
    Before: BROWN and SILER, Circuit Judges; HOOD, District Judge. Robert D. Williams, an Ohio citizen, appeals pro se the final judgment dismissing an action he filed asserting various constitutional...

  • United States v. Torres Sanchez
    83 F3d 1123
    N. Patrick Flanagan, III and Elizabeth N. Farley, Beckley, Singleton, Jemison & List, Reno, Nevada, for defendant-appellant. Jamon A. Jarvis and Daniel G. Bogden, Assistant United States Attorne...

  • Westley v. L Johnson
    83 F3d 714
    Anthony Ray Westley, convicted of murder and sentenced to death by a Texas state court, appeals from the district court's denial of his petition for a writ of habeas corpus. For the reasons discusse...

  • Rothrock v. United States
    85 F3d 632
    Robert Rothrock seeks release from custody under 28 U.S.C. § 2255 (1988), arguing that he has been denied due process through the denial of his statutory right to a speedy trial and that his guil...

  • Galmore v. A Hanks
    85 F3d 631
    In 1982, Joe David Galmore was convicted by a jury in an Indiana state court of battery and criminal deviate conduct, committed against a fellow inmate at the Madison County Jail. Galmore was also f...

  • Artway v. Attorney General Of State Of New Jersey
    83 F3d 594
    The petitions for rehearing filed by Alexander Artway in No. 95-5195 and by the Attorney General of New Jersey and the Superintendent of the New Jersey State Police in Nos. 95-5157, 95-5194 and 95-519...

  • United States v. B Gonzalez
    85 F3d 632
    A jury convicted Rodrigo B. Gonzalez of conspiring to distribute marijuana between March 1993 and January 13, 1994, in violation of 21 U.S.C. §§ 841(a)(1) & 846, and two counts of conduc...

  • United States Of America v. Lawrence Fay Laroche
    83 F3d 958
    Lawrence Fay LaRoche appeals the sentence imposed by the district court after he pleaded guilty to aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153 and 2241(c). For reversal, LaR...

  • Moore v. Roberts C
    83 F3d 699
    Petitioner Garry Lee Moore filed a habeas corpus petition pursuant to 28 U.S.C. § 2254(b) challenging several prior convictions which were used to enhance a new sentence. The district court rej...

  • Taylor v. Dutton
    85 F3d 632
    Tyreese Taylor, an Indiana state prisoner, filed suit under 42 U.S.C. § 1983, alleging that defendant prison officials denied him necessary surgery for his torn anterior cruciate ligament in viol...

  • United States v. Lobbins
    85 F3d 618
    Mary Kathleen Lobbins appeals from a district court's judgment entered on a guilty plea, convicting and sentencing Lobbins for conspiracy to distribute and distribution of cocaine. We affirm. Lobb...

  • United States v. K Biami
    85 F3d 632
    Kory Biami appeals the district court's denial of a motion to withdraw a guilty plea. Biami was charged in 7 counts of a 12-count superseding indictment, the lead count being a charge of conspiracy ...

  • United States v. Garrard
    83 F3d 889
    One of the results--whether it is an unfortunate result or not depends on one's point of view--of the federal sentencing guidelines is longer sentencing proceedings. Under the old law, sentencing pr...

  • Smith Iii v. Virginia Commonwealth University
    84 F3d 672
    Plaintiffs-appellants are five male professors at Virginia Commonwealth University ("VCU") who brought this action under Title VII of the Civil Rights Act of 1964 in the Eastern District of Virginia. ...

  • United States v. Goodman
    85 F3d 617
    Ronald Goodman pled guilty to robbing a bank in Durham, North Carolina, on October 28, 1994, in violation of 18 U.S.C. § 2113(a). The district court sentenced Goodman as a "career offender" to ...

  • Lilly v. United States
    85 F3d 631
    Reverend Lawrence M. Lilly appeals the denial of his motion to correct his sentence, filed pursuant to 28 U.S.C. § 2255. Lilly was convicted after a trial by jury on twelve counts of securities...

  • United States v. J Mohr
    85 F3d 632
    A jury convicted Jimmy Mohr of conspiring to distribute 100 or more kilograms of marijuana and the district court sentenced him to seventy months' imprisonment and four years supervised release. We ...

  • Pasion v. San Diego Unified School District
    85 F3d 637
    Before: WALLACE, Chief Judge, and T.G. NELSON, Circuit Judge, and BROWNING, District Judge. MEMORANDUM Leland, Blandino, and Luningning Pasion sued Appellees under 42 U.S.C. § 1983 for allege...

  • United States v. H Strevel
    85 F3d 501
    Appellant challenges his sentences of imprisonment for structuring transactions to evade IRS reporting requirements on two grounds. First, appellant contends that the district court erred in calcula...

  • Prather v. City Of Louisville
    85 F3d 629
    This is an interlocutory appeal from a denial of qualified immunity in a civil rights action that arose out of an arrest and prosecution for theft of services. The appeal turns on the question wheth...

  • United States v. Contreras Contreras
    83 F3d 1103
    We must decide whether a prosecutor's volunteered reason for exercising a peremptory challenge against an African-American enables a defendant to preserve the issue for appeal, notwithstanding the def...

  • United States v. Hernandez
    83 F3d 582
    Jillian Hernandez is a former Special Agent of the Drug Enforcement Agency (DEA) who was convicted, following a six-day jury trial, for conspiring to embezzle DEA funds. She challenges the district ...

  • Graziano v. United States
    83 F3d 587
    Francesco Graziano appeals from an order of the United States District Court for the Eastern District of New York (I. Leo Glasser, Judge ) denying his motion to vacate his sentence pursuant to 28 U.S....

  • United States v. Tellier
    83 F3d 578
    This is a multi-defendant case involving numerous federal crimes, including racketeering, firearms, transportation of stolen property, and other violations. The trial involved vast evidence of crimi...

  • United States v. Coronado
    85 F3d 638
    Before: WALLACE, Chief Judge, and T.G. NELSON, Circuit Judge, and BROWNING, District Judge. MEMORANDUM Martin Acosta Coronado pled guilty to illegal reentry into the United States after deportatio...

  • Simpson v. United States
    85 F3d 629
    David Lee Simpson appeals a district court order denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. The case has been referred to a panel of the court pursuant to Rule 9(...

  • United States v. Pascarella
    84 F3d 61
    The appellants Pascarella, D'Andrea and Breheney were convicted by a jury in the United States District Court for the Eastern District of New York (Glasser, J.) of conspiracy in violation of 18 U.S.C....

  • Green v. Duckworth
    85 F3d 631
    Arthur Green, a convicted murderer, seeks a writ of habeas corpus under 28 U.S.C. § 2254. Green and a companion demanded that a child give Green his bicycle. When the child refused, Green dis...

  • United States v. Ivy
    83 F3d 1266
    A jury convicted Tracy Dinah Ivy, Samuel Earl Norwood, Joye Collette Traylor, Raymond Howard Hickman, and Kenny Taylor of one count of conspiracy "to possess with intent to distribute and to distribut...

  • Morales v. Newkirk
    85 F3d 631
    Jason Morales seeks review of the prison disciplinary proceeding against him under habeas corpus law. See 28 U.S.C. § 2254. Morales was charged with four separate rule violations: assaulting...

  • Richardson v. M Quarles
    85 F3d 629
    Does the federal Constitution prohibit a state from placing on trial for attempted murder a man against whom, before jeopardy attached, an identical charge had previously been dismissed--with prejudic...

  • Doe v. United States
    85 F3d 628
    Doe pled guilty to engaging in a continuing criminal enterprise to distribute narcotics, in violation of 21 U.S.C. § 848. On July 18, 1990, the district court sentenced him to twenty years in p...

  • United States v. Hassan A M O
    83 F3d 693
    The Government brings this interlocutory appeal from a district court order suppressing evidence in the criminal prosecution of Tunji Hassan, Babatunde Oduntan, and Ayodeji Babatola (collectively, "De...

  • United States v. A Rahman
    83 F3d 89
    Tariq A. Rahman was convicted of six counts of making a false statement in connection with his acquisition of a firearm, see 18 U.S.C.A. § 922(a)(6) (West Supp.1996), and six counts of unlawful p...

  • United States v. Walker
    83 F3d 94
    Tracy Walker pled guilty to various firearms offenses and was sentenced to a term of 188 months imprisonment and a fine of $9,700. In a prior appeal, we affirmed his convictions, but vacated the fin...

  • United States v. Agee
    83 F3d 882
    Leonard Agee pled guilty to one count of conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846, and one count of possession of cocaine with intent to distribute, in violation of 21 U....

  • United States v. Carbajal
    97 F3d 1461
    Sufficient evidence supported the jury's guilty verdicts. A government witness testified that Carbajal told him "he was a distributor and transporter of the methamphetamine that was being sold in the...

  • United States v. A Salameh
    84 F3d 47
    Pending before the Court is a motion to reinstate appeals by four defendants convicted of various offenses in connection with the April 26, 1993, bombing of the World Trade Center. Following convict...

  • This v. Lopez
    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 argued by counsel for appellant Zuguaga and appellee, and...

  • United States v. Moffitt Zwerling and Kemler Pc
    83 F3d 660
    In this appeal, we are asked to resolve important questions about the operation and preemptive effect of the Comprehensive Forfeiture Act of 1984(CFA). 21 U.S.C. § 853. These questions arise o...

  • Thornquest v. C King E T
    82 F3d 1001
    Professors Marion Brady, Thomas Ward and Alan Thornquest appeal judgments entered in favor of Brevard Community College administrators, College President Maxwell King and the College Board of Trustees...

  • This v. Munoz Mosquera
    101 F3d 683
    Appeal from the United States District Court for the Eastern District of New York (Sterling Johnson, Judge ). This cause came on to be heard on the transcript of record from the United States Distri...

  • Stewart v. Mdf Inc
    83 F3d 247
    Plaintiff-appellant Betty Jane Stewart brought this diversity action against defendant-appellee, MDF, Inc., after she slipped and fell at a Wendy's Old Fashioned Hamburgers restaurant owned by MDF. F...

  • United States v. C Holley
    82 F3d 1010
    Willie C. Holley appeals the sentence he received following a plea of guilty to the offense of using a communication device (a telephone) to further a conspiracy to distribute heroin, cocaine, and coc...

  • Maffett v. C Parke
    85 F3d 631
    An Indiana state court jury, on April 15, 1992, convicted Jerome W. Maffett of battery and involuntary manslaughter. Based on subsequent evidence, the jury also found by special verdict that Maffett...

  • United States v. Self
    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. Campbell
    85 F3d 638
    Before: HUG, Chief Judge, GOODWIN, Circuit Judge, and SCHWARZER, District Judge. MEMORANDUM Maynard C. Campbell appeals his convictions under 18 U.S.C. § 115(a)(1)(A) & (B) (1988) for thr...

  • United States v. Lee
    85 F3d 638
    Before: BROWNING and NOONAN, Circuit Judges, and MERHIGE, Senior District Judge. MEMORANDUM A plea bargain is a contract subject to contract law interpretation. United States v. Keller, 902 F.2d ...

  • Ramsey v. Stegall
    85 F3d 629
    This is an appeal from a judgment denying a petition for federal habeas corpus relief filed under 28 U.S.C. § 2254. This case has been referred to a panel of the court pursuant to Rule 9(a), Ru...

  • United States v. Montero
    86 F3d 1147
    We have carefully reviewed defendant's appellate arguments, and, finding no merit in them, we affirm the sentence imposed by the district court. Contrary to defendant's first argument, the sentence ...

  • Ferrer Cruz v. United States
    86 F3d 1146
    Following his conviction for possession with intent to distribute cocaine, appellant Carlos Ferrer-Cruz filed a motion under 28 U.S.C. § 2255 seeking to have his sentence vacated, set aside, or c...

  • Roberts Wc v. United States
    85 F3d 637
    Before: BROWNING, BEEZER and FERNANDEZ, Circuit Judges. MEMORANDUM Harley Roberts and William Nunamaker died from leukemia in 1974 after being exposed to radioactive fallout from the venting of an...

  • United States v. Cruz Ochoa
    85 F3d 325
    The above-entitled case is set for oral argument as the third case on Tuesday, March 12, 1996. It is hereby ORDERED: 1) The case be stricken from the calendar and dismissed. 2) Our review of the...

  • United States v. Julian F
    85 F3d 638
    Before: BROWNING and NOONAN, Circuit Judges, and MERHIGE, Senior District Judge. MEMORANDUM Filing of a Petition for Remission (pardon)/Mitigation does not represent a contesting of forfeiture of ...

  • Jennings v. United States
    85 F3d 629
    Paul J. Jennings, a federal prisoner proceeding pro se, appeals a district court order dismissing his motion to vacate, set aside, or correct his sentence filed under 28 U.S.C. § 2255. This cas...

  • Rice Motors v. L Hammatt
    85 F3d 637
    MEMORANDUM In 1990, defendant-appellant Melvin L. Hammatt ("Hammatt") traded-in his 1983 Cadillac to plaintiff-appellee Rice Motors ("Rice"). A Rice employee filled out an odometer disclosure state...

  • United States v. Cusumano
    83 F3d 1247
    Defendants Christopher Paul Cusumano and Robert William Porco entered conditional pleas of guilty to manufacturing marijuana, 21 U.S.C. § 841(a)(1), and reserved their right to appeal the distric...

  • Lenhart v. A Fields R
    85 F3d 641
    ORDER & 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....

  • Vigh Vigh v. Yates
    85 F3d 630
    Dr. Alexander Vigh ("Dr. Vigh") filed a voluntary Chapter 11 bankruptcy petition on October 27, 1993. He had two major creditors in interest: Robert and Ellen Yates ("the Yateses"), who had recover...

  • Keenan v. Hall
    83 F3d 1083
    Charles M. Keenan appeals the grant of summary judgment dismissing his prisoner's § 1983 action. Keenan alleged that the defendants transferred him without due process, confined him under cruel...

  • United States v. M Schultz
    85 F3d 630
    Steven M. Schultz appeals his judgment of conviction and sentence entered upon his plea of guilty to theft from interstate shipment in violation of 18 U.S.C. §§ 659 and 2. The district cou...

  • United States v. G Hitchcock
    85 F3d 632
    James Hitchcock pleaded guilty to possession of a shotgun under 18 inches in length and possession of two destructive devices, commonly known as "pipebombs," all in violation of 26 U.S.C. § 5861(...

  • United States v. J Marshall
    83 F3d 866
    Stanley Marshall filed a motion to modify his sentence in light of an amendment to the United States Sentencing Guidelines, which revised the method for calculating the weight of lysergic acid diethyl...

  • Battle Kennedy v. Fields
    85 F3d 640
    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. Pimentel
    83 F3d 55
    Defendant Jose Pimentel appeals from a judgment entered in the United States District Court for the Southern District of New York after a jury trial before Robert P. Patterson, Jr., Judge, convicting ...

  • Barney v. Rogers
    83 F3d 318
    Comesy I. Barney, a native and citizen of Nigeria, appeals the denial of her petition for a writ of habeas corpus. Petitioner challenged the decision of the Board of Immigration Appeals ("BIA") to p...

  • 2
    101 F3d 683
    APPEARING FOR APPELLANTS: Moira E. Casey, Douglaston, New York, for Carlos A. Osorio. Stuart J. Grossman, Forest Hills, New York, for Angel A. Balbas. APPEARING FOR APPELLEE: Leonard Lato, Assis...

  • Jones v. Keating
    85 F3d 640
    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...

  • Jordan v. Jones
    84 F3d 729
    David M. Jordan appeals the district court's judgment in the defendants' favor in his suit alleging a violation of the Veteran's Reemployment Rights Act ("VRRA" or "the Act"), 38 U.S.C. § 4301 et...

  • United States v. Evans
    85 F3d 617
    Dwayne Allen Evans was sentenced to imprisonment of twelve months and one day following his guilty plea to deprivation of rights under color of law, 18 U.S.C.A. § 242 (West Supp.1996). He conte...

  • United States v. Jennings
    83 F3d 145
    Vicki S. Marani (argued and briefed), Dept. of Justice, Crim. Div. Appellate Section, Washington, DC, for U.S. Barry W. Wilford (argued and briefed), Columbus, Oh, for Carl Jennings. Dennis C. Be...

  • United States v. Rebich
    85 F3d 639
    MEMORANDUM Anthony Rebich appeals from a judgment of conviction, entered against him after a jury trial, for purloining a mule deer belonging to the United States, for knowingly concealing the deer o...

  • Young v. T Vaughn
    83 F3d 72
    Salvatore C. Adamo (argued), Phillipsburg, N.J., for appellant. Deborah Fleischer (argued), Assistant District Attorney, Donna G. Zucker, Chief, Federal Litigation, Ronald Eisenberg, Deputy District...

  • United States v. T Stevens
    83 F3d 60
    This appeal challenges a number of district court rulings, made in the course of a lengthy and highly publicized criminal trial. Almost all of the claims raised are without merit and easily resolved...

  • United States v. Lopreato
    83 F3d 571
    This is an appeal from the sentencing portion of a judgment of conviction following a jury trial by the United States District Court for the District of Connecticut, Daly, J. The district court sent...

  • Rincon v. United States
    85 F3d 629
    Elvira Rincon appeals pro se from a district court judgment that denied a motion to vacate, set aside or correct her sentence under 28 U.S.C. § 2255. Her appeal has been referred to a panel of ...

  • United States v. Montoya
    85 F3d 641
    Claiming to be enraged by official indifference to police misconduct in his Wind River Reservation community, Darrell Lee Montoya decided to retaliate. Joined by two juveniles, he went on a motorize...

  • Lazar
    83 F3d 306
    James J. Feder, Examiner, and his accountants, Coopers & Lybrand (Coopers) filed an application for the payment of compensation and the reimbursement of expenses in connection with the Lazar bankr...

  • Mills v. First Federal Savings and Loan Association Of Belvidere
    83 F3d 833
    Shirley Mills filed suit against her former employer, First Federal Savings and Loan Association of Belvidere ("First Federal"), alleging that her discharge from the position of Quality Control Audito...

  • Gipson v. Kas Snacktime Company
    83 F3d 225
    George L. Gipson is an African-American sales manager for KAS Snacktime Company ("KAS"). He commenced this race discrimination action against KAS, alleging violations of the Missouri Human Rights Ac...

  • Taylor v. Meacham
    82 F3d 1556
    Dale Taylor brought this 42 U.S.C. § 1983 action against Uintah County Sheriff Lloyd Meacham, in his individual and official capacities, claiming he--Mr. Taylor--was illegally arrested, charged w...

  • United States v. C Kesterson
    85 F3d 629
    Paul C. Kesterson moves for in forma pauperis status on appeal from a district court order granting the government's motion to dismiss the indictment without prejudice. On December 13, 1993, Kesters...

  • Quinones v. Babbitt
    85 F3d 641
    Emma Mendez Quinones (Mendez) was employed as an electrical engineer with the Bureau of Reclamation at the Federal Center in Lakewood, Colorado, from December 15, 1980, until the date of her voluntary...

  • Mayfield v. A Fields
    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...

  • Century Offshore Management Corporation Grasso Production
    83 F3d 140
    This case involves the priority under Louisiana law of liens on certain oil and gas properties owned by Century Offshore Management Corporation, the debtor in a Chapter 11 bankruptcy proceeding that b...

  • United States v. Alcantar
    83 F3d 185
    Juan Alcantar was convicted by a jury of conspiring to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) & 846, and of attempting to possess cocaine with the intent to distribute...

  • United States v. Fike C
    82 F3d 1315
    Appellants were convicted of participating in a conspiracy to manufacture and distribute cocaine base (crack cocaine) in Fort Worth. The conspiracy distributed approximately five kilograms of crack ...

  • Triplett v. E Dubois
    86 F3d 1147
    We have reviewed the parties' briefs and the record on appeal. We affirm essentially for the reasons stated in the district court's memorandum, dated June 29, 1995. We add only the following. Ev...

  • United States v. Howard
    85 F3d 629
    Defendant David Howard appeals his conviction following his conditional guilty plea to possession of a firearm by a felon in violation of 18 U.S.C. § 922(g). On appeal, the issues are (1) wheth...

  • United States v. F Huling
    85 F3d 617
    Appellant appeals the district court's order affirming her conviction, but remanding the case to the magistrate judge to determine whether a presentence report is required. We dismiss the appeal for...

  • Sutton v. United States
    85 F3d 629
    The petitioner appeals the denial of his motion to vacate his sentence pursuant to 28 U.S.C. § 2255. We affirm the district court's judgment on the basis that petitioner has waived his right to...

  • United States v. Riordan
    85 F3d 629
    Defendant-Appellant John Riordan appeals from the sentence imposed on his conviction for three counts of wire fraud. At issue is whether the district court erred in departing upward from the applica...

  • United States v. J Lopez Gutierrez
    83 F3d 1235
    Defendant-Appellant Jesus J. Lopez-Gutierrez ("Lopez-Gutierrez") was convicted of conspiracy to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). Lopez-Gutierrez appeals his conviction ...

  • Reich v. Shiloh True Light Church Of Christ
    85 F3d 616
    Appellant Shiloh True Light Church of Christ's members hold a religious belief that their children should receive meaningful vocational training. This belief is effectuated through the Shiloh Vocati...

  • United States v. Moore
    83 F3d 1231
    The district court resentenced the appellant Calvin Moore pursuant to 28 U.S.C. § 2255 after his original counsel failed to file a timely notice of appeal. Upon resentencing, the district court...

  • Tuitavake v. Immigration and Naturalization Service
    85 F3d 638
    MEMORANDUM Filohivalu Tuitavake, a native and citizen of Tonga, petitions for review of an order of the Board of Immigration Appeals which dismissed Tuitavake's appeal from an immigration judge's dec...

  • United States v. Ajugwo
    82 F3d 925
    Yvonne Ajugwo appeals her sentence imposed following her guilty plea to conspiracy to import heroin in violation of 21 U.S.C. § 963 on the grounds that the Government breached the plea agreement ...

  • United States v. Pina
    85 F3d 638
    Before: CANBY and KLEINFELD, Circuit Judges, and COLLINS, District Judge. MEMORANDUM Appellants Richard Aurelio Pina and David Luna, as well as a co-defendant who has not appealed, were indicted f...

  • United States v. Cruz
    86 F3d 1147
    Appellants Humbert Carreras and John Cruz challenge the district court judgments of conviction and sentence entered against them following their joint jury trial for possessing cocaine with intent to ...

  • Jenkins v. R McCaughtry
    85 F3d 631
    After a jury trial in state court, Alvin Jenkins was convicted for first-degree murder and sentenced to life in prison. On direct appeal, his conviction was affirmed by the Court of Appeals of Wisco...

  • United States v. Raffield
    82 F3d 611
    Jeromy Shane Raffield was convicted of drunken driving, refusing to submit to a breath analysis, and driving without a license inside Pisgah National Forest, North Carolina. He contends that the Uni...

  • United States v. Vasquez
    82 F3d 574
    Carlos Vasquez appeals his convictions for knowingly possessing a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1) (1988) and knowingly possessing an unregistered firearm in vio...

  • United States v. Risse
    83 F3d 212
    Larry Risse appeals the district court's determination that officers of the Black Hawk County, Iowa, sheriff's department lawfully entered Risse's home, either on their own authority or because Risse ...

  • Corral v. Immigration and Naturalization Service
    91 F3d 151
    MEMORANDUM Jesus Erasomo Corral petitions for review of the decision of the Board of Immigration Appeals ("BIA") affirming an immigration judge's denial of his request for a waiver of deportation pur...

  • United States v. Skiles
    85 F3d 639
    MEMORANDUM Federal prisoner Robert Dean Skiles appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his bank robbery sentence on the ground that he was denied effe...

  • Woodruff v. Alameda County Superior Court
    85 F3d 639
    MEMORANDUM Kevin Woodruff, a California state pretrial detainee, appeals pro se the denial of his 28 U.S.C. § 2254 habeas corpus petition claiming his pretrial bail of $100,000 violates the Due ...

  • United States v. Bojorquez
    85 F3d 638
    MEMORANDUM Federal prisoner Gilbert Bojorquez appeals the denial of his 28 U.S.C. § 2255 motion challenging his conviction for conspiracy to distribute cocaine in violation of 21 U.S.C. §&#...

  • United States v. Ridley
    85 F3d 639
    MEMORANDUM Pamela Ridley appeals her conviction by guilty plea to using or carrying a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). Ridley contends that her co...

  • Rodriguez v. County Of Alameda
    85 F3d 637
    MEMORANDUM Former California state prisoner Alvaro Rodriguez appeals pro se the district court's dismissal with prejudice of his 42 U.S.C. § 1983 action alleging that his constitutional rights w...

  • United States v. Valle
    85 F3d 639
    Before: SCHROEDER and LEAVY, Circuit Judges, and TRIMBLE, District Judge. MEMORANDUM Pursuant to a Fed.R.Crim.P. 11(e)(1)(B) plea agreement, Ronald Joseph Valle ("Valle") pleaded guilty to charges...

  • United States v. Camarena
    85 F3d 638
    MEMORANDUM Miguel Zuniga Camarena, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. We have jurisdiction pursuant to 28 U.S.C. § 2255, and we...

  • Fuka v. Thomson Consumer Electronics
    82 F3d 1397
    In January 1992, Thomson Consumer Electronics ("Thomson") terminated Dolores J. Fuka's employment as a customer service representative ("CSR"). She responded with this lawsuit under the Age Discrimi...

  • United States v. Tucker
    82 F3d 1423
    MCMILLIAN, Circuit Judge, dissenting, with whom MURPHY, Circuit Judge, joins. Neither law nor fact supports the panel's decision to disqualify Judge Henry Woods from presiding at the trial of United...

  • United States v. Castellanos Valenzuela
    85 F3d 638
    MEMORANDUM Rafael Castellanos-Valenzuela appeals his conviction and sentence imposed following his guilty plea to importing cocaine in violation of 21 U.S.C. §§ 952 and 960. Pursuant to A...

  • United States v. Chan
    82 F3d 921
    This appeal involves a defendant who received the sentence she bargained for in exchange for her entry of a guilty plea. The district court, however, failed to warn the defendant that she would be bo...

  • United States v. Old Chief
    85 F3d 638
    MEMORANDUM Johnny Lynn Old Chief appeals his 180-month sentence imposed following remand for resentencing. Old Chief contends that the district court improperly imposed a 57-month upward departure....

  • United States v. N Bass
    82 F3d 811
    In this direct criminal appeal, Benton N. Bass challenges his misdemeanor conviction. We affirm. Bass was arrested and charged with interfering with a federal officer's duties, in violation of 36 ...

  • United States v. Petty
    82 F3d 809
    Joseph Anthony Petty appeals from the district court's order denying his 18 U.S.C. § 3582(c)(2) motion to reduce the term of his imprisonment. We conclude we lack jurisdiction, and remand the c...

  • United States v. Churn
    85 F3d 638
    MEMORANDUM Oregon state prisoner James Arnet Churn appeals pro se the district court's dismissal of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2255. We have jurisdiction pu...

  • United States v. M Millard
    85 F3d 638
    MEMORANDUM We affirm the district court's denial of federal prisoner Raymond M. Millard's 28 U.S.C. § 2255 motion to vacate his criminal conviction on double jeopardy grounds. See United States...

  • Edwards v. Andrews
    85 F3d 640
    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. Alaway
    85 F3d 638
    MEMORANDUM Federal prisoner James Raymond Alaway appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. Alaway contends that his criminal conviction for manufacturing marij...

  • United States v. Cunningham
    83 F3d 218
    A jury convicted Paul William Cunningham of one count of conspiring to transport money obtained by fraud in interstate commerce in violation of 18 U.S.C. § 371 (1994) and one count of transportin...

  • Stephens v. Norris
    83 F3d 223
    David Stephens, an Arkansas inmate, appeals the district court's denial of his second 28 U.S.C. § 2254 petition for habeas corpus relief. We affirm. In August 1985, Stephens robbed an EZ Mart...

  • United States v. V David
    83 F3d 638
    Appellant, Karl David, was convicted by a jury of making a false statement on a form submitted to the Bureau of Alcohol, Tobacco and Firearms, in violation of 18 U.S.C. § 1001. David now claims...

  • Cinea
    84 F3d 117
    Plaintiffs, a class of Allegheny County judgment debtors, filed suit against Pennsylvania constables and the Court Administrator of Pennsylvania, alleging that plaintiffs were deprived of their proper...

  • Grange v. United States Parole Commission
    85 F3d 635
    MEMORANDUM Todd Christopher Grange, a former federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. Grange contends that the United States...

  • United States v. Hickman
    85 F3d 617
    Following a jury trial, appellant, Stanley Hickman (Hickman), was convicted of numerous offenses arising from his participation in a drug conspiracy. On appeal, he challenges his convictions and his...

  • Cox v. Rap A Lot Records
    85 F3d 640
    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. L Grover
    85 F3d 617
    Defendants Charles Dorsey, Charles Grover, and Christopher Harris were tried together and convicted of conspiracy to distribute crack cocaine in violation of 21 U.S.C. § 846. Dorsey was also co...

  • United States v. Jones
    85 F3d 617
    Humphrey Jones was convicted for multiple offenses arising from the sale of fourteen grams of crack cocaine. On appeal he challenges the sufficiency of the evidence on the conspiracy conviction. He...

  • Richard v. United States
    85 F3d 629
    Before: MARTIN and SILER, Circuit Judges; HOOD, District Judge. Billy Frank Richard, Sr., a pro se federal prisoner, appeals a district court order dismissing his motion to vacate, set aside, or c...

  • Williams v. Ce Floyd
    85 F3d 639
    MEMORANDUM Willie Henry Williams, a federal prisoner sentenced under pre-Sentencing Guidelines law, appeals pro se the denial of his 28 U.S.C. § 2241 habeas corpus petition challenging the Unite...

  • Kinder Capital Inc v. Unity Community H
    85 F3d 629
    Before: NELSON and BATCHELDER, Circuit Judges; McKEAGUE, District Judge. Garnell H. McAfee, Sr., a Michigan citizen proceeding pro se, appeals a judgment on a jury verdict finding him liable for m...

  • Pyca Industries Inc v. Harrison County Waste Water Management District Pyca Industries Inc
    81 F3d 1412
    The central issues of these interlocutory appeals are whether the Harrison County Wastewater Management District ("the District") is a citizen for diversity jurisdiction purposes and, if so, whether u...

  • Prewitt v. United States
    83 F3d 812
    Jack Prewitt, a convicted insurance-scam artist, appeals from the denial of his habeas corpus challenge to his federal sentence for mail fraud. He asserts among other things that he received ineffec...

  • Howard v. Grinage
    82 F3d 1343
    Plaintiff, Gregory Howard, an inmate at the State Prison of Southern Michigan (SPSM), originally brought this procedural due process case under 42 U.S.C. § 1983 alleging a deprivation of a libert...

  • United States v. Marcus
    82 F3d 606
    Jay Marcus appeals the sentence imposed by the district court following his plea of guilty to one count of conspiracy to defraud the United States. See 18 U.S.C.A. § 371 (West 1966). He maint...

  • United States v. J Mottweiler D
    82 F3d 769
    Robert T. Coleman, Thomas Leggans (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee. Richard R. Mottweiler, Pro Se. James J. Cutrone (...

  • Noble v. United States Parole Commission
    82 F3d 1108
    by the United States Court of Appeals for the District of Columbia Circuit to the District of Columbia Court of Appeals pursuant to D.C. Code § 11-723 On March 26, 1996, we heard oral argument...

  • United States v. A Neville
    82 F3d 1101
    Michael Neville, a corrections officer at the District of Columbia jail, appeals his convictions for accepting a bribe and possessing cocaine in violation of federal law. Although he raises three iss...

  • United States v. Caldwell
    83 F3d 954
    James Kennedy Caldwell was convicted of conspiracy and of trafficking in vehicles with altered vehicle identification numbers (VINs) in violation of 18 U.S.C. §§ 371, 511, and 2321. He was...

  • United States v. Soriano
    86 F3d 1147
    "Cristobal Soriano," whose real name is David De LaCruz Hiciano, was arrested with two others, Rafael Vidal and Johana Ovando, in August 1994, after selling crack cocaine to an undercover agent. He ...

  • Harker v. Commissioner Of Internal Revenue
    82 F3d 806
    Dennis and Mary Harker appeal the decision of the Tax Court finding them liable for tax deficiencies and fraud penalties. For reversal, they argue that the Tax Court abused its discretion when it de...

  • Burke
    85 F3d 640
    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...

  • Gonzalez v. Immigration and Naturalization Service
    82 F3d 903
    In this asylum case, the Board of Immigration Appeals (BIA) erred regarding Rosaura Gonzalez Gallegos's petition by taking administrative notice of the effect of political changes in petitioner's coun...

  • United States v. Mogaji
    86 F3d 1147
    Defendant-appellant Elizabeth Mogaji was convicted of one count of conspiracy to commit credit card fraud and five counts of fraudulent use of access devices. See 18 U.S.C. § 1029(a)(2). She ...

  • United States v. Coker L
    89 F3d 841
    Following his incarceration on a drug charge, Lewis Coker commenced his term of supervised release; one of the conditions prohibited him from excessive use of alcohol, and another required him to not...

  • Wabasha v. Class
    89 F3d 842
    Elroy Wabasha, a South Dakota prisoner, pleaded guilty to first-degree robbery, and was sentenced to fifteen years of imprisonment. The South Dakota Supreme Court affirmed the denial of his applicat...

  • United States v. Reeves
    83 F3d 203
    These consolidated appeals follow the convictions of Marlin Lynn Reeves ("Lynn") and Danny Ray Reeves ("Danny Ray") for their role in a scheme involving stolen vehicles whereby the stolen nature of th...

  • Head v. State Head
    83 F3d 415
    Appellant appeals from the district court's orders dismissing these 42 U.S.C. § 1983 (1988) actions as frivolous. Appellant claimed that his convictions violated due process and equal protectio...

  • United States v. Cox
    83 F3d 336
    Defendant appeals from the district court's denial of his motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. In denying relief, the district court determined that al...

  • Lackey v. L Johnson
    83 F3d 116
    Clarence Lackey, a Texas death row inmate, appeals the district court's denial of his petition for writ of habeas corpus. Because, as we have previously held, the nonretroactivity doctrine bars Lack...

  • United States v. Orlando Pineda Hernandez
    89 F3d 847
    MEMORANDUM Orlando Pineda-Hernandez appeals his sentence under the Sentencing Guidelines for his guilty plea conviction to being a deported alien found in the United States in violation of 8 U.S.C. &...

  • United States v. M Patino
    89 F3d 847
    MEMORANDUM Martin Vincente M. Patino appeals his sentence following a guilty plea to distributing heroin, in violation of 21 U.S.C. § 841(a)(1). Patino contends that the district court erred b...

  • United States v. Herrera Rincon
    89 F3d 847
    MEMORANDUM In this consolidated action, Juan Herrera-Rincon appeals his sentences under the Sentencing Guidelines imposed following his guilty plea conviction for being a deported alien in the United...

  • United States v. Nero
    89 F3d 847
    MEMORANDUM Colleen Nero appeals her 21-month sentence following guilty pleas to making a false statement in an application for a passport, in violation of 18 U.S.C. § 1542, and possessing unauth...

  • Boria v. Keane
    83 F3d 48
    Robert N. Isseks, Middletown, NY, for petitioner-appellant. Francis D. Phillips, II, Goshen, NY, for respondent-appellee. Before: OAKES and PARKER, Circuit Judges, and KNAPP, Senior District Judg...

  • Cline v. Marshall
    89 F3d 844
    MEMORANDUM California state prisoner Jimmie Lee Cline appeals pro se the district court's dismissal for failure to exhaust state remedies of his 28 U.S.C. § 2254 habeas petition, challenging his...

  • Billis v. United States
    83 F3d 209
    Steven Gregory Billis appeals from the order of the District Court denying his 28 U.S.C. § 2255 (1994) motion to vacate, set aside, or correct his sentence. We affirm. In 1986, Billis pleaded...

  • Day v. R Cody
    85 F3d 640
    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. ...

  • Brown v. Commissioner Of Internal Revenue
    89 F3d 844
    MEMORANDUM Douglas Wayne Brown appeals pro se the Tax Court's decision, after remand from this Court, upholding the Commissioner of Internal Revenue's ("Commissioner") determination of deficiencies i...

  • United States v. Glenn
    85 F3d 617
    Pursuant to a plea agreement, James Aaron Glenn pled guilty to one count of possession with intent to distribute 10.98 grams of cocaine base, in violation of 21 U.S.C.A. § 841(a)(1), (b)(1)(B) (W...

  • Harris v. Virginia Parole Board
    85 F3d 616
    Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. We have reviewed the record and the district court's opinion and find no reversible ...

  • United States v. Ford
    85 F3d 629
    Darrell Gene Ford appeals his convictions for possession of methamphetamine with intent to distribute and asserts several evidentiary errors at his trial. We affirm. * On September 7, 1993, a Kent...

  • United States v. Edwards
    85 F3d 629
    Defendants Edwards, Callier and Parker appeal from their convictions and sentences for possession with intent to distribute and conspiracy to distribute cocaine in violation of 18 U.S.C. §§ ...

  • United States v. Neville S
    82 F3d 750
    Terry M. Kinney, Office of the United States Atty., Crim. Div., Chicago, IL, Barry Rand Elden, Chief of Appeals, Office of the United States Atty., Crim. Appellate Div., Chicago, IL, Joseph D. Wilso...

  • United States v. E Ready
    82 F3d 551
    Frank Ready pled guilty to wire fraud under 18 U.S.C. § 1343. His plea agreement included a waiver of his right to appeal his sentence. His sentence included a penalty of restitution. On ap...

  • Bailey v. J Angelone
    85 F3d 615
    Appellant noted this appeal outside the thirty-day appeal period established by Fed. R.App. P. 4(a)(1), failed to obtain an extension of the appeal period within the additional thirty-day period prov...

  • United States v. Bean Iii G
    85 F3d 629
    The defendants-appellants Freemont Bean III, Russell Alan Brown, Philip Munson, and Ralph G. Lopez have each contested his respective sentence imposed by the district court following his trial and con...

  • Felker v. Turpin
    83 F3d 1303
    In Felker v. Thomas, 52 F.3d 907 (11th Cir.), extended on denial of rehearing, 62 F.3d 342 (11th Cir.1995), cert. denied, --- U.S. ----, 116 S.Ct. 956, 133 L.Ed.2d 879 (1996), we affirmed the denial o...

  • United States v. Youngpeter
    83 F3d 434
    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. Wadley
    83 F3d 108
    Treating the Suggestion for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. The Court having been polled at the request of one of the members of the ...

  • United States v. K Abram
    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...

  • Heath 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 the appeal. See Fed. R.App. P. 34(a); ...

  • United States v. A Gravatt
    83 F3d 434
    Defendant-Appellants George W. Turley, James A. Gravatt, and Wiley Keith Abram appeal from their convictions and sentences in the district court. We have jurisdiction pursuant to 28 U.S.C. § 12...

  • Roberts Pipeline Construction Inc v. Secretary Of Labor
    85 F3d 632
    Roberts Pipeline Construction, Inc., ("Roberts"), appeals from a decision of the Occupational Health and Safety Review Commission ("Commission") to affirm the award of $30,800 in penalties. Roberts ...

  • De Valenzuela Sanchez v. Immigration and Naturalization Service
    85 F3d 639
    Before: SCHROEDER and LEAVY, Circuit Judges and TRIMBLE, District Judge. MEMORANDA*** In 1968, Mrs. Valenzuela entered this country. In 1971, she was granted lawful permanent resident status. In...

  • United States v. L Rutledge
    85 F3d 632
    Before BAUER and FLAUM, Circuit Judges, and FOREMAN, District Judge. On March 27, 1996, the Supreme Court reversed this court's decision in United States v. Rutledge, 40 F.3d 879 (7th Cir.1994), and...

  • Coonce v. United States
    85 F3d 631
    This is an appeal from the district court's denial of Randall Coonce's pro se petition pursuant to 28 U.S.C. § 2255. For the reasons set forth below, we affirm. Randall Coonce ran a life insu...

  • Kowalski v. L and F Products
    82 F3d 1283
    In this appeal, we must address the scope of § 510 of the Employment Retirement Income & Security Act ("ERISA") to determine whether appellant-employee Teresa Kowalski ("Kowalski") stands pro...

  • United States v. Spiers
    82 F3d 1274
    This appeal calls upon us to clarify our recent holding in United States v. Holifield, 53 F.3d 11 (3d Cir.1995), in which we addressed the question of a district court's discretion to impose a concurr...

  • United States v. Silver
    83 F3d 289
    Jerry L. Newton, Hermosa Beach, California, for defendant-appellant. Julien A. Adams, Assistant United States Attorney, Los Angeles, California, for plaintiff-appellee. Appeal from the United Stat...

  • United States v. Ward
    85 F3d 630
    Before: NELSON and BATCHELDER, Circuit Judges; MCKEAGUE, District Judge. This is a direct appeal from a sentence imposed under the sentencing guidelines. The parties have waived oral argument, a...

  • United States v. Francisco
    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 appellate record, this panel ha...

  • United States v. Sailele
    89 F3d 847
    Before: HALL and BRUNETTI, Circuit Judges, and WEINER, District Judge. MEMORANDUM Juli Meli Sailele appeals the district court's denial of her motion to dismiss the indictment. Sailele, relying ...

  • United States v. Waldron
    89 F3d 847
    MEMORANDUM Walter Wayne Waldron, Jr. appeals his jury conviction for transporting monetary instruments and failing to report. See 31 U.S.C. §§ 5316 and 5322. He contends that the distri...

  • Matthews v. Price Avcf
    83 F3d 328
    Mr. Matthews appeals from the district court's order denying his petition for writ of habeas corpus, 28 U.S.C. § 2254. Our jurisdiction arises pursuant to 28 U.S.C. §§ 1291 and 2253. ...

  • Williams v. Calderon
    83 F3d 281
    Keith Daniel Williams is a California state prisoner who has been sentenced to death. His execution is scheduled for May 3, 1996, at 12:01 a.m. Williams has filed a second federal habeas petition ...

  • McKinnon v. Kwong Wah Restaurant McKinnon
    83 F3d 498
    This appeal and cross-appeal present several procedural issues as well as substantive issues relating to damages arising out of alleged acts of sexual harassment in violation of Title VII, 42 U.S.C. &...

  • Harjinder Singh v. Immigration and Naturalization Service
    89 F3d 845
    Before: BEEZER and HAWKINS, Circuit Judges, and ZILLY, District Judge. MEMORANDUM Petitioner Harjinder Singh is a Sikh from India who entered the United States without inspection. He conceded de...

  • United States v. Tj Thompson
    82 F3d 700
    This case presents us with an issue which we face on a weekly basis; motions to extend the time to file a notice of appeal under Fed. R.App. P. 4. In 1990, T.J. Thompson was convicted of conspirin...

  • United States v. Hanover Insurance Co
    82 F3d 1052
    The United States appeals from a judgment of the United States Court of International Trade holding that the United States Customs Service may not enforce a time-barred claim for antidumping duties by...

  • McCrory v. J Henderson
    82 F3d 1243
    This appeal raises the issue whether an objection to the use of peremptory challenges under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), is timely if not made until after the...

  • Lagorga v. United States
    89 F3d 834
    Before: MARTIN and SILER, Circuit Judges; HEYBURN, District Judge. This is an appeal from a judgment denying a motion to vacate, set aside or correct a sentence, filed pursuant to 28 U.S.C. §...

  • Manning v. Michigan Department Of Corrections
    89 F3d 834
    This pro se Michigan state prisoner moves for the appointment of counsel and appeals a district court judgment dismissing his civil rights suit filed pursuant to 42 U.S.C. § 1983. This case has...

  • Herman v. United States
    89 F3d 838
    Mark Herman moved to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. The district court denied the motion, and Herman appeals. We affirm. On August 28, 1992, Herman...

  • Holsinger v. Newkirk
    89 F3d 838
    Mario Holsinger filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging a decision by the Indiana Department of Correction (IDOC) not to promote him from credit-...

  • United States v. A Santiago
    83 F3d 20
    A jury empaneled in the United States District Court for the District of Maine found defendant-appellant Luis A. Santiago guilty of a single count of conspiracy to possess and distribute heroin, 21 U....

  • United States v. Brazier
    85 F3d 641
    During the course of an investigation into illegal drug activity in New Orleans, Louisiana, law enforcement officials became aware of possible drug trafficking activity between New Orleans and Junctio...

  • Brown v. Gross
    85 F3d 640
    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);...

  • Hayes v. Rocha
    89 F3d 845
    MEMORANDUM California state prisoner William Robert Hayes appeals the district court's denial of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, challenging his 199...

  • United States v. De Cruz
    82 F3d 856
    The defendant, Maria Leticia Ruiz de Cruz, appeals her jury conviction of knowingly accepting and receiving counterfeit immigration documents as evidence of employment authorization in violation of 18...

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