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  • Flores v. Southern Peru Copper Corporation
    414 F3d 233
    The question presented is whether plaintiffs' claims are actionable under the Alien Tort Claims Act ("ATCA"), 28 U.S.C. § 1350. Plaintiffs in this case are residents of Ilo, Peru, and the repre...

  • United States v. Fuentes
    341 F3d 1216
    The government appeals the sentence imposed upon defendant Rudi Ismael Fuentes, alleging error relating to a downward departure. For the reasons set forth below, we vacate Mr. Fuentes' sentence and re...

  • Wansing v. Hargett
    341 F3d 1207
    In the final scene of The Philadelphia Story, the late Katherine Hepburn faces a room packed with wedding guests and calls off her impending marriage to a man she has come to despise. She begins hesit...

  • Carmichell Bell v. Clackamas County A Political Subdivision Of The State Of Oregon
    341 F3d 858
    The opinion filed August 20, 2003, slip op. 11661, is amended as follows: Delete entire section IV, on page 22, slip op. 11679-11680, and replace with the new section IV: Bell also cross-appeals t...

  • Tracey v. Palmateer
    341 F3d 1037
    Joseph Tracey appeals the district court's denial of his petition for habeas corpus pursuant to 28 U.S.C. § 2254. Tracey's petition challenges the legality of his 1994 Oregon conviction for the f...

  • Wang v. Ashcroft
    341 F3d 1015
    Xuan Wang ("Wang") appeals the Bureau of Immigration Appeal's ("BIA") decision to affirm the Immigration Judge's ("IJ") adverse credibility determination. The IJ found Wang removable from the United S...

  • Disorbo v. Hoy
    343 F3d 172
    This case involves disturbing allegations of police brutality. In the early morning hours of December 27, 1998, while at the Union Inn Bar in Schenectady, New York, plaintiff-appellee-cross-appellant ...

  • Kyocera Corporation v. Prudential Bache Trade Services Inc
    341 F3d 987
    In 1984, Kyocera Corporation ("Kyocera"), Prudential-Bache Trade Corporation ("Prudential"), and the newly formed LaPine Technology Corporation ("LaPine") began a venture to produce and market compute...

  • United States v. Maxon
    339 F3d 656
    Cole Milo Maxon pleaded guilty to one count of possession with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) (2000). After the district court det...

  • Theofel
    341 F3d 978
    We consider whether defendants violated federal electronic privacy and computer fraud statutes when they used a "patently unlawful" subpoena to gain access to e-mail stored by plaintiffs' Internet ser...

  • Nash Finch Company v. Rubloff Hastings Llc
    341 F3d 846
    This case involves a dispute over the exclusive right to sell groceries and alcoholic products-on a carry-out basis-within the Imperial Mall Shopping Center in Hastings, Nebraska. Nash Finch Company (...

  • Bennett v. S Goord
    343 F3d 133
    Anthony Bennett appeals from a judgment of the United States District Court for the Northern District of New York (Thomas J. McAvoy, Chief Judge). Bennett brought claims under 42 U.S.C. § 1983 al...

  • Bingham v. City Of Manhattan Beach
    341 F3d 939
    Opinion by Judge TASHIMA; Partial Concurrence and Partial Dissent by Judge REINHARDT The opinion and partially dissenting opinion, filed May 19, 2003, slip op. at 6575, and reported at 329 F.3d 723, ...

  • Appelbaum v. Milwaukee Metropolitan Sewerage District
    340 F3d 573
    Doris Appelbaum worked as a secretary for the Milwaukee Metropolitan Sewerage District ("MMSD") for fifteen years until she was discharged at age sixty. A jury found that the MMSD had fired her based ...

  • Paige v. Hudson
    341 F3d 642
    As a condition of probation, Indiana offender James Paige was required by the sentencing court to spend six months in a "home detention" program run by Allen County Community Corrections, a public bod...

  • United States v. Edwards
    342 F3d 168
    A jury in the United States District Court for the Eastern District of New York convicted Gilberto Edwards (defendant or appellant) of conspiring to import more than five kilograms of cocaine into the...

  • Walz Walz v. Egg Harbor Township Board Of Education
    342 F3d 271
    In this appeal, we address whether an elementary school student has a First Amendment right to promote an unsolicited religious message during an organized classroom activity. Daniel Walz was a stud...

  • Ambrose Gill v. Robert J Ayers Warden
    342 F3d 911
    * California state prisoner Ambrose Gill appeals the district court's denial of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. Gill, serving a sentence of 55 years to life un...

  • Lo v. D Ashcroft
    341 F3d 934
    When Yu Bin Lo and Fong Yang Lo ("petitioners"), husband and wife, failed to appear at their scheduled removal hearing, the Immigration Judge ("IJ") ordered them removed in absentia pursuant to 8 U.S....

  • United States v. Leon
    341 F3d 928
    Appellee Waldo Eugene Leon ("Leon") was convicted of preparing false income tax returns. At sentencing, the district court departed downward six levels based on Leon's family ties and responsibilities...

  • Banaitis v. Commissioner Of Internal Revenue
    340 F3d 1074
    Sigitas Banaitis appeals the United States Tax Court's entry of judgment in favor of the Commissioner of Internal Revenue regarding a $1,708,216 deficiency in Banaitis' 1995 income tax. We affirm in p...

  • United States v. Gayle
    342 F3d 89
    Before us is a discrete issue of first impression for this Circuit: whether the "convicted in any court" element of the federal statute which prohibits the possession of a firearm by a person convicte...

  • Carson v. Dynegy Inc
    344 F3d 446
    Before this court is an appeal from the district court's grant of summary judgment in a case concerning the federal copyright laws. Appellant argues that the district court erred by (i) holding that a...

  • In Re Sac and Fox Tribe Of The Mississippi In Iowa Meskwaki Casino Litigation
    340 F3d 749
    These consolidated appeals involve the intersection of an issue that is subject to federal regulation, namely, the operation of Class III gaming on Indian lands, with an issue that is subject to triba...

  • United States v. W Skurdal
    341 F3d 921
    Gustav W. Skurdal appeals from the denial of his 28 U.S.C. § 2255 ("§ 2255") motion to vacate, set aside or correct his conviction and sentence. We reverse. We conclude that Mr. Skurdal's at...

  • Johnson v. Ganim
    342 F3d 105
    John R. Williams, New Haven, Connecticut, for Plaintiff-Appellant. John R. Mitola, Associate City Attorney, Office of the City Attorney, Bridgeport, Connecticut, for Defendants-Appellees. Before:...

  • United States v. Taber Extrusions Lp
    341 F3d 843
    In July 1993, defense contractor Precision Machining, Inc. (PMI) was awarded a contract to build aluminum ribbon bridges for the United States Army. In the following months, PMI submitted three reques...

  • Gonzalez v. Pliler
    341 F3d 897
    California prisoner Frederico Gonzalez appeals the dismissal of his petition for a writ of habeas corpus, arguing that forcing him to wear a stun belt during his trial violated his right of due proces...

  • Russell v. Tg Missouri Corporation
    340 F3d 735
    Taunya Russell appeals from a final order entered in the United States District Court for the Eastern District of Missouri granting summary judgment in favor of her former employer, TG Missouri Corpor...

  • United States v. Wright
    340 F3d 724
    After a two-week trial, a jury found Anthony Steven Wright guilty of two federal offenses. He was convicted on Count I of kidnaping in violation of 18 U.S.C. § 1201 (2000) and on Count II of know...

  • United States v. Cabaccang
    341 F3d 905
    Order; Special Concurrence by Judge GRABER; Dissent by Judge KOZINSKI. In United States v. Cabaccang, 332 F.3d 622, 637 (9th Cir.2003), we remanded Roy Cabaccang's conviction on Count I for reconsid...

  • Windel Ray Workman v. Mike Mullin Warden Oklahoma State Penitentiary
    342 F3d 1100
    Petitioner-Appellant, Windel Ray Workman, was convicted and sentenced to death by a jury in Oklahoma state court for felony first-degree child abuse murder. He petitions for a writ of habeas corpus fo...

  • Sa Vakilian v. Shaw L
    335 F3d 509
    In this interlocutory appeal, Defendant Wesley Shaw, Special Agent for the Michigan Attorney General's Office, appeals the district court's denial of absolute and qualified immunity regarding claims b...

  • United States v. United States
    341 F3d 870
    At around 10:30 p.m. on July 29, 2000, Spring Ramirez, a Hispanic woman, Jason Clark, an African American man, and Pat Tellez, a Hispanic man, were socializing at Pioneer Park, a local park in Billing...

  • Che v. Massachusetts Bay Transportation Authority F A P
    342 F3d 31
    A jury found that Chungchi Che ("Che") was the victim of discrimination by his employer, the Massachusetts Bay Transportation Authority ("MBTA"), and one of his supervisors, James Johnson ("Johnson")....

  • Pomales v. Celulares Telefnica Inc
    342 F3d 44
    Magdalena Pomales brought this action against her employer for sexual harassment, discrimination and retaliation. Shortly after discovery began, however, Pomales fired her lawyer. The district court, ...

  • United States v. D
    342 F3d 1093
    This is an appeal involving a denial of a suppression motion. Vanness pleaded guilty and was sentenced to concurrent terms of 33 months in prison and three years of supervised release for possession o...

  • Armentero v. Immigration and Naturalization Service
    340 F3d 1058
    Luis Armentero, an excludable alien, contends that his potentially indefinite detention by the Immigration and Naturalization Service ("INS") is unlawful under Zadvydas v. INS, 533 U.S. 678, 121 S.Ct....

  • United States v. L Burton
    334 F3d 514
    A federal grand jury indicted Dwight L. Burton for possessing five grams or more of cocaine base with the intent to distribute, and for possessing a firearm both as a felon and in furtherance of drug ...

  • Santana v. M Caldern
    342 F3d 18
    This case comes to us on an interlocutory appeal and requires us to determine whether the defendants, Sila M. Calderón ("Calderón"), Governor of Puerto Rico, Xavier González-Calderó...

  • United States Of America v. Donald Lawrence Ritchie
    342 F3d 903
    After the conclusion of criminal proceedings, appellant Heather Horner sought the return of seized personal property pursuant to Federal Rule of Criminal Procedure 41(e). The district court denied rel...

  • United States v. Quintana C
    340 F3d 700
    Defendant-Appellant Jamie Quintana pled guilty to Conspiracy to Distribute Methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. At sentencing, the district court attributed betwee...

  • Butler v. Rio Rancho Public Schools Board Of Education
    341 F3d 1197
    Rio Rancho Public Schools Board of Education and certain school officials appeal a district court decision denying their motion to dismiss based on qualified immunity. Exercising jurisdiction under 28...

  • United States v. Irizarry
    341 F3d 273
    Elvis Irizarry appeals his convictions for violating, and conspiring to violate, the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1962(c) and (d), a drug offense...

  • United States v. J Thompson
    335 F3d 782
    Anthony J. Thompson appeals the district court's imposition of a 168-month sentence for possession with intent to distribute five grams or more of a substance containing cocaine base in violation of 2...

  • United States v. Garcia
    340 F3d 1013
    Edward Michael Powers and Jose Ramon Garcia are former correctional officers at Pelican Bay State Prison who were convicted of conspiring with other correctional officers to organize stabbings, assaul...

  • United States v. D Banks
    340 F3d 683
    Phillip D. Banks appeals his sentence following our remand of this case for resentencing. Previously, in United States v. Bradford, 246 F.3d 1107, 1111-12, 1115 (8th Cir.2001), we affirmed Banks's jur...

  • Mallett v. United States
    334 F3d 491
    Defendant Donald Mallett appeals: (1) the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence based on his claim of ineffective assistance of coun...

  • Krohn v. New York City Police Department
    341 F3d 177
    Defendants-appellants-cross-appellees, the New York City Police Department ("the City") and Anthony DiPalma, appealed from that portion of the June 26, 2001 judgment of the United States District Cour...

  • Buie v. McAdory
    341 F3d 623
    Someone bludgeoned Bennie Ervin to death in her home and stole her jewelry plus other valuables. A jury convicted Joel Buie of these crimes; the judge sentenced him to life imprisonment. The evidence ...

  • United States v. Flores
    336 F3d 760
    Mingo Flores pled guilty to possessing with intent to distribute approximately 391 grams of lysergic acid diethylamide (LSD), in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A). The dis...

  • United States v. Carmichael
    343 F3d 756
    Appellants Gabriel Collins and James Carmichael both pleaded guilty to federal bank robbery charges and are currently serving terms of confinement in federal prison facilities. Both have appealed thei...

  • Lechner v. J Frank
    341 F3d 635
    Randy Lechner was convicted in state court pursuant to his plea of no contest to second-degree reckless homicide, homicide by intoxicated use of vehicle, causing great bodily harm by intoxicated use o...

  • United States Of America v. Bryan Lynn Shumate
    341 F3d 852
    The opinion in this case, which appears at slip op. 6649 (9th Cir.2003), is hereby amended as follows: the sentence commencing on the first line of slip op. 6657 is hereby amended to read: "In other w...

  • United States v. Vega Montano
    341 F3d 615
    Victor Vega-Montano pleaded guilty to one count of conspiracy to distribute in excess of 500 grams of mixtures containing cocaine. At sentencing, Montano contested the district court's inclusion of th...

  • United States v. Guy
    340 F3d 655
    This case is back after remand to the district court for additional findings on a sentencing guideline issue involved in Suna Felix Guy's appeal from his 125 month sentence for aggravated sexual abuse...

  • United States v. Alameh
    341 F3d 167
    On August 21, 2002, after a bench trial before Judge Kimba M. Wood of the United States District Court for the Southern District of New York, defendant Fadi Alameh was convicted of one count of unlawf...

  • United States v. Abfalter
    340 F3d 646
    Following a jury trial in the district court, Roxanne Abfalter and Michael Williams were convicted on a number of charges relating to their conspiracy knowingly to make false statements in the papers ...

  • United States v. A Keene
    341 F3d 78
    Joel Keene was convicted of possession with intent to distribute more than 500 grams of cocaine and possession with intent to distribute marijuana, and was subjected to forfeiture of his residence for...

  • Bravo v. Ashcroft
    341 F3d 590
    Hermilo Bravo and Maria Bravo-Rubio, husband and wife and citizens of Mexico, appeal the denial of their 28 U.S.C. § 2241 petition for writ of habeas corpus challenging their deportation order. R...

  • McCoy v. Harrison
    341 F3d 600
    Plaintiff Tiffany McCoy ("McCoy") filed suit in the United States District Court for the Northern District of Illinois, against Raymond Harrison ("Harrison"), an animal welfare investigator for the Il...

  • United States v. Howard
    341 F3d 620
    A person claiming to be Marcus Howard entered into an agreement with the government under which he pled guilty to attempting to distribute more than 50 grams of crack cocaine. He was hoping for a sent...

  • United States Of America v. Chittakone Chanthasouxat
    342 F3d 1271
    Chittakone Chanthasouxat ("Chanthasouxat") and Keopaseuth Xayasane ("Xayasane") (collectively, "Defendants") appeal their convictions for drug-related offenses. Specifically, Chanthasouxat and Xayasan...

  • Ogbudimkpa v. Ashcroft Ins
    342 F3d 207
    We decide whether a district court has jurisdiction to consider a habeas corpus petition that alleges violations of Article 3 of the United Nations Convention Against Torture ("CAT"). Congress has imp...

  • United States v. N Mallari
    334 F3d 765
    After denial of his motion to suppress, Julmar Mallari (Mallari) entered a conditional guilty plea to possession with intent to distribute methylene dioxy methamphetamine, or ecstasy, in violation of ...

  • Michael Ray Lounsbury v. Frank S Thompson
    340 F3d 998
    Michael Lounsbury appeals the denial of his habeas petition, which alleges substantive and procedural errors affecting the determination of his competency to stand trial. In December 1991, Lounsbury...

  • United States v. Leon Paz
    340 F3d 1003
    Gil Leon-Paz appeals his conviction and sentence for reentry after having been deported. 8 U.S.C. § 1326(a). He asserts that he was denied due process at his deportation hearing, and, as a result...

  • United States v. Chase
    340 F3d 978
    A jury convicted Defendant Steven Gene Chase of violating 18 U.S.C. § 115(a)(1)(B) after he made a threat against agents of the Federal Bureau of Investigation. The jury acquitted him of a charge...

  • United States v. Huerta Orosco
    340 F3d 601
    Mariano Huerta-Orosco ("defendant") appeals from a final judgment entered in the United States District Court for the Northern District of Iowa upon a jury verdict finding him guilty of conspiracy to ...

  • Miller v. Clark County
    340 F3d 959
    We consider whether a sheriff's deputy violated a criminal suspect's Fourth Amendment right to be free from unreasonable seizures by ordering a trained police dog to "bite and hold" the suspect until ...

  • Frison v. J Zebro J S
    339 F3d 994
    Heidi Frison appeals the district court's adverse grant of summary judgment in this civil rights action arising out of a police investigation into alleged crack cocaine distribution out of Frison's ho...

  • Evanchyk v. Stewart
    340 F3d 933
    Under Arizona law, a conviction for first-degree murder can be based on either or both of two theories: premeditated murder (an intentional, planned killing) or felony murder (a killing that results f...

  • United States v. Ishmael
    343 F3d 741
    Federal prisoner Rohn Martin Ishmael appeals the district court's denial of his 28 U.S.C. § 2255 petition for habeas relief. The district court granted a certificate of appealability on whether l...

  • Cotton v. Cockrell
    343 F3d 746
    Marcus Bridger Cotton was convicted of capital murder and sentenced to death for murdering Assistant District Attorney Gil Epstein during a robbery in November 1997. After he exhausted state remedies,...

  • Jefferson v. City Of Omaha Police Department
    335 F3d 804
    Michael Jefferson brought an action under 42 U.S.C. § 1983 against the City of Omaha, the Omaha Police Department, and Officer Patrick McCaslin. When the district court granted summary judgment i...

  • Lawrence v. United States M 1 10
    340 F3d 952
    This appeal arises from a district court ruling in favor of two federal officers, filed as a Bivens claim, involving allegations of sexual abuse of Jessica Lawrence, a minor, by Fernando Bello, a/k/a ...

  • Branche v. Airtran Airways Inc
    342 F3d 1248
    This case ultimately requires us to determine whether a claim brought by appellant Michael Branche ("Branche") against his former employer, Airtran Airways, Inc. ("Airtran"), pursuant to Florida's Whi...

  • Gully v. National Credit Union Administration Board
    341 F3d 155
    Petitioner Karin Gully appeals from the determination of the National Credit Union Administration Board (the "Board") that she engaged in unsafe and unsound practices and that she breached her fiducia...

  • Haliburton v. Secretary For The Department Of Corrections
    342 F3d 1233
    Jerry Leon Haliburton was convicted of first degree murder and sentenced to death. After the completion of his direct appeal and state habeas court proceedings, Haliburton filed, pursuant to 28 U.S.C....

  • United States v. Brown
    342 F3d 1245
    On July 31, 2002, a panel of this court rendered an opinion in the captioned case, an appeal from a conviction in a criminal case. United States v. Brown, 299 F.3d 1252 (11th Cir.2002), pet. for cert....

  • United States v. Preciado
    336 F3d 739
    Rogelio Preciado, Pablo Borges-Cano, and Humberto Sanchez were charged with possession with intent to distribute more than 500 grams of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1...

  • Williams v. Seniff
    342 F3d 774
    Norval Williams was employed by the St. Joseph County Sheriff's Department as an Assistant Chief of Police. He was fired after he made a comment in the media questioning the guilt of an individual who...

  • Ansley v. Ameriquest Mortgage Company
    340 F3d 858
    Rachael H. Berman and David Sturgeon-Garcia, Buchalter, Nemer, Fields & Younger, San Francisco, California, for the defendant-appellant. Jeffrey Wilens, Lakeshore Law Center, Mission Viejo, Cal...

  • Robert L Jaramillo v. Terry L Stewart
    340 F3d 877
    Robert Lopez Jaramillo appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction by guilty plea to first degree murder of another prisoner. Jar...

  • Hernandez v. P Keane E Ma Pa Co Co
    341 F3d 137
    Plaintiff-appellant Juan Hernandez, a prisoner in the New York State prison system, sued various state prison officials in the United States District Court for the Southern District of New York (Pitma...

  • United States v. Rumbo Rosendiz
    340 F3d 598
    Jorge Luis Rumbo-Rosendiz appeals from a final judgment entered in the District Court for the District of Minnesota, following his plea of guilty, pursuant to a written plea agreement, to conspiracy t...

  • Campa Fabela v. United States
    339 F3d 993
    Efrain Campa-Fabela was found guilty by a jury of illegally reentering the United States and possessing with intent to distribute methamphetamine, and we affirmed his conviction and 180-month sentence...

  • United States v. Johnson
    342 F3d 731
    Bobby DeWayne Johnson received a sentence that was seven and a half years more than the ten-year mandatory minimum due to the district court's relevant conduct determination that he distributed 1.5 ki...

  • Leal v. M Tombone
    341 F3d 427
    Ramsey Leal, federal prisoner # 76738-079, appeals the district court's denial of his pro se 28 U.S.C. § 2241 petition. Leal has argued that federal authorities have violated his due process righ...

  • Alexander v. Anthony International Lp
    341 F3d 256
    Blaise Alexander and Gerald Freeman appeal from the order of the District Court for the Virgin Islands compelling arbitration pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq....

  • Kermit Oris Bear Stops v. United States Of America
    339 F3d 777
    Kermit Oris Bear Stops appeals the denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (2000). The district court granted a certificate of appealabilit...

  • Johnson v. M Daley
    339 F3d 582
    Section 803(d) of the Prison Litigation Reform Act, codified at 42 U.S.C. § 1997e(d), sets both absolute and relative limits on attorneys' fee shifting. The district court held these limits uncon...

  • Scanlan
    343 F3d 533
    The above numbered and styled appeals arise from six lawsuits filed in the Southern District of Texas by, and on behalf of, those injured and killed during the Texas A&M University bonfire disaste...

  • In Re Grand Jury Subpoena
    341 F3d 331
    Appellant, the subject of a pending grand jury investigation, appeals a district court order compelling his former attorney ("Counsel") to answer two questions before the grand jury. Finding no error,...

  • United States v. Sarracino
    340 F3d 1148
    Defendants/appellants Robert Manuelito, Brandon Cherosposy, and David Sarracino were jointly indicted, tried, and convicted on a single charge of second degree murder in violation of 18 U.S.C. §&...

  • United States v. Genova
    333 F3d 750
    After his election in 1993 as Mayor of Calumet City, Illinois, Jerome Genova appointed Lawrence Gulotta as City Prosecutor and arranged for his law firm, Gulotta & Kawanna, to get the lion's share...

  • United States v. Knight J C
    342 F3d 697
    Defendants Anthony Knight and Troy Williams appeal their convictions for possession with intent to distribute more than five kilograms of cocaine. Knight, Williams, and defendant Willie J. Newton, Jr....

  • United States v. Brigham
    343 F3d 490
    Defendant-appellant Reginald Brigham appeals the district court's denial of his motion to suppress codeine seized during a routine traffic stop from the rental car he was driving. He contends that the...

  • Terrell Equipment Company Inc v. Commissioner Of Internal Revenue
    343 F3d 478
    After a jury acquitted Petitioner-Appellant Vernon Griffin on all charges of criminal tax fraud (evasion), Respondent-Appellee Commissioner of Internal Revenue ("Commissioner") assessed deficiencies, ...

  • No 01 4363
    341 F3d 206
    This appeal presents us with the latest in a long string of challenges to New Jersey's Megan's Law. This time, we consider privacy claims as to the newest addition to the existing statutory regime &#x...

  • United States v. J Oflanagan
    339 F3d 1229
    Defendant Thomas O'Flanagan appeals his sentence imposed following his pleas of guilty to burglary and aiding and abetting burglary, in violation of 18 U.S.C. §§ 13 and 2, transportation of ...

  • Robertson v. Cockrell Director Texas Department Of Criminal Justice Institutional Division 02 1766 02 1067
    539 US 979
    Appeal from the C. A. 5th Cir. Application forstay of execution of sentence of death, presented to Justice Scalia, and by him referred to the Court, denied. Certiorari denied. Justice Stevens and Ju...

  • Acosta v. Ashcroft
    341 F3d 218
    Ramon Acosta petitions for review of a final order of deportation issued by the Board of Immigration Appeals (the "BIA"). Acosta challenges the BIA's holding that he has "been convicted of a violation...

  • Williams
    335 F3d 807
    Raphael Williams, a periodontist, and Jo Evelyn Williams, Dr. Williams's office manager and wife, brought this 42 U.S.C. § 1983 action claiming that, in the course of serving process in a state c...

  • United States v. Alcarez Camacho
    340 F3d 794
    The United States appeals the sentence imposed upon Gilberto Camacho following his guilty plea to one count of failure to appear, in violation of 18 U.S.C. § 3146. The government contends that th...

  • May v. Workman
    339 F3d 1236
    John May, a state prisoner appearing pro se, seeks a certificate of appealability (COA) to appeal the district court's denial of his 28 U.S.C. § 2254 habeas petition. We deny his request for a CO...

  • Holly D v. California Institute Of Technology
    339 F3d 1158
    Plaintiff Holly D., a 47-year-old woman, contends that in order to keep her job at the California Institute of Technology ("Caltech"), she was forced to engage in sexual relations with Stephen Wiggins...

  • Johnson Iii v. County Of Los Angeles
    340 F3d 787
    In the course of his flight from police and ensuing arrest for armed robbery, James Johnson ("Johnson") was rendered a paraplegic. He brought claims arising from his injury against several of the invo...

  • United States v. Radmall
    340 F3d 798
    Defendant Steven Jay Radmall pleaded guilty to mail fraud (count I), bank fraud (count II), and perjury (count III). He was sentenced to 42 months' imprisonment on count I, and concurrent terms of 12 ...

  • Singh v. Immigration and Naturalization Service
    340 F3d 802
    We must decide whether the Board of Immigration Appeals ("BIA") erred in dismissing an appeal when the petitioner dutifully followed all regulations and procedures pertaining to filing his Notice of A...

  • Rene Joseph Delhomme v. Ana M Ramirez Warden
    340 F3d 817
    Rene Delhomme challenged his conviction and sentence by filing three habeas petitions in California courts in ascending order. While they were pending, Delhomme filed additional and overlapping state ...

  • Anthony Graves v. Janie Cockrell Director Texas Department Of Criminal Justice Institutional Division
    343 F3d 465
    Petitioner Anthony Graves was convicted of capital murder in Texas and sentenced to death. He now seeks a certificate of appealability from the district court's denial of habeas corpus relief. We gran...

  • United States v. Jernigan
    341 F3d 1273
    These direct criminal appeals stem from the November 7, 2000 convictions of appellants Randy Jernigan and Wendell Nelson, each on one count of being a felon in possession a firearm, in violation of 18...

  • In Re Alphonso Michael Mike Espy
    338 F3d 1036
    PER CURIAM. This matter coming to be heard and being heard before the Special Division of the Court upon the application of Ronald Blackley, Jr. for reimbursement of attorneys' fees and costs pursua...

  • Perkins v. Hedricks
    340 F3d 582
    Federal Medical Center detainee Victor B. Perkins appeals the district court's pre-service dismissal of his civil filing for failure to exhaust administrative remedies under 42 U.S.C. § 1997e(a) ...

  • United States v. Gutierrez
    343 F3d 415
    Joseph H. Gay, Jr., Asst. U.S. Atty., Walter David Counts, III (argued), San Antonio, TX, for Plaintiff-Appellee. Jimmy B. Parks (argued), Law Office of Jimmy Parks, Jr., Kimberly S. Keller, The Kel...

  • United States v. C Blue Coat
    340 F3d 539
    In this appeal, appellant contends that the district court improperly required him to register as a sexual-offender as a special condition of his supervised release. On appeal, appellant argues that b...

  • Richards v. Relentless Inc
    341 F3d 35
    Plaintiff-appellant Anthony Richards was injured while working aboard the fishing vessel Relentless in 1998. Richards sued his employer, Relentless, Inc., alleging violations of the Jones Act, 46 U.S....

  • United States Of America v. Martha Marie Manion
    339 F3d 1153
    Martha Manion was convicted of mail and wire fraud for knowing participation in a fraudulent telemarketing scheme. She claims she was improperly convicted because the government was required to show t...

  • Rico v. Leftridge Byrd
    340 F3d 178
    The issue before us is whether the Pennsylvania Supreme Court's decision upholding Joseph Rico's conviction and sentence against a Batson challenge based on the prosecutor's use of peremptory challeng...

  • United States v. Mingo
    340 F3d 112
    Defendant Tyrone Mingo appeals from a final judgment of conviction entered in the United States District Court for the Southern District of New York (Sidney H. Stein, Judge), following his guilty plea...

  • United States v. Ceballos
    340 F3d 115
    Defendant Gabriel Ceballos ("Ceballos") was convicted in the United States District Court for the Northern District of New York, following a jury trial before Thomas J. McAvoy, Judge, on one count of ...

  • American Eagle Airlines Inc v. Air Line Pilots Association International
    343 F3d 401
    Before this court is a labor-arbitration dispute between an airline company and a pilots' association arising from an arbitration board's hearing and the subsequent appeal to the district court. While...

  • Guy v. Cockrell
    343 F3d 348
    Petitioner-Appellant, Joe Lee Guy appeals the district court's denial of his 28 U.S.C. § 2254 application and grant of the Government's motion for summary judgment. We granted a certificate of ap...

  • Bob Schultz Motors Inc v. Kawasaki Motors Corporation Usa
    334 F3d 721
    This dispute between a motorcycle dealer, Bob Schultz Motors (Schultz), and its distributor, Kawasaki, was submitted to arbitration pursuant to the "Dealer Sales and Service Agreement" that governed t...

  • United States v. Floyd
    343 F3d 363
    Milena Floyd ("Floyd") was convicted by a jury of conspiracy to commit mail fraud in violation of 18 U.S.C. § 371, and one substantive count of mail fraud, aiding and abetting, in violation of 18...

  • United States v. Bowman
    341 F3d 1228
    The Platinum Club is an adult entertainment establishment that occupies real property owned by Harvey J. and Bobbie J. Bowman. The Club is allegedly used as a front for prostitution and money launderi...

  • In Re Will C Dean Jr
    341 F3d 1247
    Will C. Dean, Jr. applies for an order authorizing the district court to consider a successive motion to vacate, set aside, or correct his federal sentence pursuant to 28 U.S.C. §§ 2255 and ...

  • McIntyre v. Bayer
    339 F3d 1097
    We must decide whether a state statute, requiring interest generated by inmate trust accounts to be retained by prison authorities and expended for the benefit of the prison population as a whole, eff...

  • The Sherwin Williams Company v. Holmes County
    343 F3d 383
    William F. Goodman, Jr. (argued), John G. Corlew, John L. Low, IV, Watkins & Eager, Jackson, MS, Charles H. Moellenberg, Jr., Paul M. Pohl, Jones Day, Pittsburg, PA, Traci Leigh Lovitt, Jones Day...

  • Risdal v. Mathes
    340 F3d 508
    William A. Eddy, argued, Osceola, IA, for appellant. William A. Hill, argued, Asst. Atty. Gen., Des Moines, IA, for appellee. Before BOWMAN, BYE, Circuit Judges, and ERICKSEN, District Judge. ER...

  • Walker v. Crosby
    341 F3d 1240
    Appellant Exum Walker appeals the district court's dismissal of his application for writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254, as time-barred under the one-year statute of limit...

  • Appling v. State Farm Mutual Automobile Insurance Company
    340 F3d 769
    Plaintiffs-Appellants ("Agents") are independent-contractor insurance agents who sold insurance products for the State Farm group of insurance companies ("State Farm"). Each Agent has or had an indepe...

  • Mellen v. Bunting Iii J S
    341 F3d 312
    Before the Court is the appellant's petition for rehearing and rehearing en banc. On the petition for panel rehearing, no judge voted in favor thereof, and panel rehearing is hereby denied. A poll o...

  • United States v. L Davis
    339 F3d 1223
    Mr. Davis was found guilty and fined $150.00 by a magistrate judge for two petty offenses: unauthorized engaging in business activities on Army Corps of Engineers project lands, 36 C.F.R. § 327.1...

  • United States v. Macdonald
    339 F3d 1080
    This appeal arises out of Carl Greer MacDonald's participation in the production of methamphetamine on public lands in Montana. MacDonald pled guilty to a federal conspiracy charge and was sentenced t...

  • Bailey v. Rae
    339 F3d 1107
    This petition for writ of habeas corpus presents the question whether a state prosecutor's failure to disclose therapy reports concerning a victim's mental capacity constitutes a due process violation...

  • United States v. Russell
    340 F3d 450
    Kevin Russell was convicted of bank fraud and sentenced to 70 months' imprisonment and a 60-month term of supervised release. Upon his release from prison, Russell began serving his term of supervised...

  • Spears v. Mullin
    343 F3d 1215
    Convicted in the Oklahoma courts of the first-degree murder of Jimmy DeWayne Thompson and sentenced to death, Brian Spears and Dudley Powell each filed a 28 U.S.C. § 2254 petition seeking relief ...

  • Jacobus
    338 F3d 1095
    In 1996, the Alaska legislature enacted sweeping reforms to its campaign finance system. Corruption and the appearance of corruption had led to low voter turnout and widespread disillusionment with th...

  • United States v. Logan
    333 F3d 876
    A jury found Lenora Logan, Keith Maynie, Jr., and codefendant Dietrick Banks guilty of conspiring to distribute and possess with intent to distribute crack cocaine, in violation of 21 U.S.C. § 84...

  • United States v. L Brown
    333 F3d 850
    Officers executing a no-knock search warrant discovered over 2000 images of child pornography on Frank Brown's computer. Although Brown subsequently pleaded guilty to knowingly possessing child pornog...

  • United States v. Si Lu Tian
    339 F3d 143
    Defendant-appellant Tian Si Lu (Lu) appeals from a judgment of conviction after a jury trial in the United States District Court for the Southern District of New York, Koeltl, J., for (1) conspiring t...

  • Curtiss v. Mount Pleasant Correctional Facility
    338 F3d 851
    Stephen C. Curtiss appeals the district court's dismissal of his Petition for Habeas Corpus as untimely. He argues that the one year statute of limitations applicable to federal habeas petitions shoul...

  • United States v. Mackby
    339 F3d 1013
    Appellee's request for publication, filed June 10, 2003, is GRANTED. This court's Memorandum disposition, filed June 3, 2003, is hereby withdrawn and replaced with the following opinion. Appellant...

  • Gregory Paul Biggs v. William Duncan Warden
    339 F3d 1045
    This case requires us to consider once again when an application for post-conviction relief will be considered "pending" in California state courts for purposes of 28 U.S.C. § 2244(d)(2). Typical...

  • United States v. Arenas Ortiz
    339 F3d 1066
    Defendant Pablo Arenas-Ortiz was convicted of illegally re-entering the United States after having been deported in violation of 8 U.S.C. § 1326. He appeals the district court's denial of his mot...

  • Haynie v. County Of Los Angeles
    339 F3d 1071
    In this appeal, we consider whether the district court erred by granting summary judgment for the appellees-defendants on all counts in appellant Elgin Haynie's complaint, which included state law iss...

  • Smith v. Cochran
    339 F3d 1205
    Defendant Don Cochran appeals the district court's denial of qualified immunity in this 42 U.S.C. § 1983 action. Plaintiff Pamela Smith brought this action in the United States District Court for...

  • United States Of Americacross v. Donald Michael Hutman Cross
    339 F3d 773
    The government contends the district court erred when it determined Donald Hutman's career offender status (and resulting criminal history category VI) overstated the seriousness of his criminal histo...

  • United States v. D
    339 F3d 754
    This case is before us for a second time after remand of Andrews' initial sentence in United States v. Bradford, 246 F.3d 1107 (8th Cir.2001). The current version of this case presents the question of...

  • United States v. M Cordova
    337 F3d 1246
    Agnes M. Cordova pled guilty to distribution, and possession with intent to distribute, crack cocaine. At sentencing, the district court departed downward fifteen levels from the United States Sentenc...

  • United States v. L Harrison
    340 F3d 497
    This case is before us for a second time after remand of Harrison's initial sentence in United States v. Bradford, 246 F.3d 1107 (8th Cir.2001). The current version of this case presents the question ...

  • Magan v. Lufthansa German Airlines
    339 F3d 158
    Plaintiff John J. Magan appeals from the grant of summary judgment by the United States District Court for the Southern District of New York, Naomi Reice Buchwald, Judge, in favor of defendant Lufthan...

  • United States v. Degraffenried
    339 F3d 576
    A jury found Frederick Degraffenried guilty of being a felon in possession of a firearm, and the district court sentenced him to 262 months' imprisonment. On appeal, Degraffenried contends that the di...

  • Dandan v. Ashcroft
    339 F3d 567
    Nabil Dandan petitions for review of the Board of Immigration Appeals (BIA's) rejection of his asylum request and denial of his motions to reconsider and reopen. The BIA's decision to deny asylum was ...

  • United States v. Cruz Alcala
    338 F3d 1194
    Defendant Candido Cruz-Alcala appeals the sentence he received on his conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). Our...

  • United States v. Cliatt
    338 F3d 1089
    Defendant Timmy Cliatt pleaded guilty to the attempted voluntary manslaughter of his wife, who was an active-duty member of the United States Army. As a result of the injuries she sustained in the att...

  • United States v. Ventre
    338 F3d 1047
    This action arises out of a custody dispute between Toni Dykstra ("Dykstra"), a United States citizen, and Carlo Ventre ("Ventre"), an Italian citizen, over their daughter after their relationship end...

  • United States v. Ross
    338 F3d 1054
    1. A federal jury convicted Thomas Raymond Ross of three drug crimes. Four months later, Ross learned that his lawyer, Malik Ali Muhammad, had been suspended from practice by the California state bar ...

  • United States v. Belless
    338 F3d 1063
    Robert Belless was convicted of illegally possessing a firearm, in violation of 18 U.S.C. § 922(g)(9), which makes possession of a firearm illegal for anyone "who has been convicted in any court ...

  • Cannon v. United States
    338 F3d 1183
    The Federal Tort Claims Act (FTCA) waives the sovereign immunity of the United States for certain tort claims "accruing on or after January 1, 1945 ... under circumstances where the United States, if ...

  • Teaford v. Ford Motor Company Trw M
    338 F3d 1179
    Cherie M. Chappell, an Oklahoma attorney, appeals pro se a district judge's order refusing to reconsider his earlier referral of Ms. Chappell's conduct to the Oklahoma Bar Association. We dismiss the ...

  • Lieberman v. N Fieger
    338 F3d 1076
    Dr. Carole Lieberman appeals the dismissal of her complaint for defamation, fraud, and intentional infliction of emotional distress. We affirm. * In March 1995, Scott Amedure revealed his secret cru...

  • United States v. Lapsley
    334 F3d 762
    Kenneth Lapsley was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g) and 924(e). He appealed, contending he was denied a fair trial because the dist...

  • United States Of America v. Ronnie Ladale Anderson
    339 F3d 720
    Ronnie Ladale Anderson pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and was sentenced to 100 months imprisonment. He appeals his conviction, ar...

  • United States v. Pimentel Flores
    339 F3d 959
    Deirdre M. Mokos and Brian I. Rademacher, Assistant Federal Public Defenders, Tucson, AZ, for the defendant-appellant. Maria S. Davila, Assistant United States Attorney, Tucson, AZ, for the plaintif...

  • Susan N Kalitani v. John Ashcroft United States Attorney General
    340 F3d 1
    Susan Kalitani, a native and citizen of Uganda, petitions for review of the denial of her applications for asylum, withholding of deportation, and protection under the United Nations Convention Agains...

  • Paine v. Massie
    339 F3d 1194
    In March 1998, Petitioner-Appellant Teresa Vilene Paine was convicted by a jury in Oklahoma state court for the murder of her husband and was sentenced to life imprisonment. Since her conviction Ms. P...

  • Chappell v. Jw Rich M
    340 F3d 1279
    The adult children of Johnnie Mae Chappell ("Chappell children") appeal the district court's dismissal of their complaint asserting constitutional claims under 42 U.S.C. §§ 1983 and 1985. Th...

  • Olson v. Bloomberg
    339 F3d 730
    Thomas Hauglin appeals the district court's order denying him summary judgment on qualified immunity grounds in this 42 U.S.C. § 1983 action filed against him in his individual capacity. Karla Ol...

  • United States v. Gonzales
    339 F3d 725
    Appellant Heriberto Gonzales was indicted in the United States District Court for conspiring to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. §§ 846 and 841(a)(1)...

  • Doe v. City Of Lafayette
    334 F3d 606
    John Doe was banned for life from all park property in the City of Lafayette, Indiana — including a golf course, sports stadium, and city pools. The City did not provide notice or a hearing bef...

  • United States v. Mendez Lopez
    338 F3d 1153
    Defendant Gabriel Mendez-Lopez was charged with possession with intent to distribute at least fifty kilograms of marijuana that he had allegedly secreted in the gas tank of a vehicle, in violation of ...

  • Burge v. St Tammany Parish
    336 F3d 363
    Appellant Rodney Jack Strain, the Sheriff of St. Tammany Parish, Louisiana, appeals the entry of judgment against him in his official capacity, under 42 U.S.C. § 1983, for depriving the appellee,...

  • No 01 7978
    339 F3d 129
    Plaintiff-appellant Myra Anthony is an adult woman with Down Syndrome. Plaintiff-appellant Magdalene Wright is Anthony's half-sister and legal guardian. On March 7, 2000, officers from the New York Ci...

  • United States Of America v. Roosevelt Clayborn
    339 F3d 700
    Roosevelt Clayborn pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Pursuant to his plea agreement and Federal Rule of Criminal Procedure 11(a)(2), ...

  • United States v. Fassnacht
    332 F3d 440
    John Fassnacht and Vincent Malanga appeal their convictions for obstructing justice in violation of 18 U.S.C. § 1503. They argue that the obstruction offense was neither properly charged in the i...

  • Estate Of Bruner v. Bruner V
    338 F3d 1172
    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). The cas...

  • United States v. Hasner
    340 F3d 1261
    Lloyd Hasner and Lisa Fisher Meuche ("Fisher") were convicted, following a jury trial, for (1) conspiracy to commit mail fraud, in violation of 18 U.S.C. § 371, and (2) mail fraud, in violation o...

  • United States v. Mussayek
    338 F3d 245
    Alex Mussayek appeals from the final judgment of conviction and sentence entered against him by the District Court on March 27, 2002, after he was found guilty by a jury of one count each of conspirac...

  • In The Matter Of Timothy Gerard Ohearn Timothy Gerard Ohearn v. Educational Credit Management Corpora
    339 F3d 559
    Timothy O'Hearn filed for Chapter 7 bankruptcy relief and sought to discharge his government-guaranteed educational loans owed to the defendant, Educational Credit Management Corporation ("ECMC"), a n...

  • Sevencan v. Herbert
    342 F3d 69
    Salih Sevencan appeals from an Opinion and Order of the District Court for the Eastern District of New York (Allyne R. Ross, Judge) entered on August 3, 2001, denying his petition for a writ of habeas...

  • United States Of America v. Ronald Titlbach
    339 F3d 692
    A jury found Ronald Titlbach (Titlbach) guilty of conspiring to manufacture and distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine and distributing...

  • United States v. Espinoza
    338 F3d 1140
    Defendant Devin C. Espinoza appeals his conviction and sentence for armed bank robbery in violation of 18 U.S.C. § 2113(a) & (d) and 18 U.S.C. § 2. He contends that (1) the trial judge f...

  • Bgha Llc v. City Of Universal City Texas
    340 F3d 295
    Out of concern over the adverse secondary effects sexually oriented businesses ("SOBs") were bringing to it and surrounding communities, the City of Universal City, Texas ("City") enacted SOB Ordinanc...

  • Lincoln v. R Case R
    340 F3d 283
    A jury found that the Defendant Walter Case ("Case") violated provisions of the Fair Housing Act ("FHA") and awarded the Plaintiff Don Weaver ("Weaver") compensatory and punitive damages. Case raises ...

  • Torres v. J Berbary
    340 F3d 63
    Petitioner Daniel Torres appeals from a judgment denying a writ of habeas corpus entered in the United States District Court for the Southern District of New York (Martin, J.). Torres filed his petiti...

  • United States v. Nguyen
    339 F3d 688
    Minh Van Nguyen appeals his sentence for conspiracy to distribute and possession with intent to distribute more than 500 grams of methamphetamine. Specifically, Nguyen challenges the district court's ...

  • Ruiz v. United States
    339 F3d 39
    Virgilio and Santo Ruiz were convicted in 1994 on four charges stemming from a fire that burned down their business in Boston, Massachusetts, in 1990. The brothers now challenge their convictions on t...

  • United States v. L Swick
    334 F3d 784
    On September 30, 1999, Marvin L. Swick was indicted on a charge of tampering with consumer products with reckless disregard for risk to others in violation of 18 U.S.C. § 1365(a). On May 9, 2000,...

  • Joshua v. Dewitt
    341 F3d 430
    HAYNES, District Judge. Petitioner Aaron Joshua appeals the district court's order denying his petition for a writ of habeas corpus to set aside his conviction of possession of drugs by an Ohio cour...

  • United States v. A Alvarez Farfan
    338 F3d 1043
    Ediberto Alvarez-Farfan ("Alvarez") appeals his jury conviction for distribution of methamphetamine in violation of 21 U.S.C. § 841. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we...

  • United States v. Warren
    338 F3d 258
    This appeal by Isaiah Warren from his sentence in the United States District Court for the Western District of Pennsylvania following a guilty plea requires us to decide whether a defendant may invoke...

  • Zhang v. American Gem Seafoods Inc McMi
    339 F3d 1020
    Appellee Zhang Wei ("Zhang") asserted claims for employment discrimination and breach of contract, contending that he was retaliated against and ultimately fired due to his Chinese ethnicity and natio...

  • United States Of America v. Eddy Garcia and Juan Garcia
    339 F3d 116
    Defendants Eddy Garcia and Juan Garcia appeal from a final judgment entered in the United States District Court for the Southern District of New York (Swain, J.) following their pleas to conspiring to...

  • Church Of The American Knights Of The Ku Klux Klan v. City Of Gary
    334 F3d 676
    The Church of the American Knights of the Ku Klux Klan (the parties refer to it as "CAKKKK"), which describes itself as "a Christian civil rights, white separatist group," appeals from the dismissal o...

  • United States v. Hayes
    342 F3d 385
    James Hayes ("Hayes," aka Candy Man) appeals his conviction for conspiring to distribute more than fifty grams of cocaine base ("crack cocaine") in violation of 21 U.S.C. §§ 841(a)(1) and 84...

  • United States v. Souffront
    338 F3d 809
    Fourteen members of the Latin Kings street gang, including the four above-named defendants, were indicted on numerous drug-related offenses, including conspiracy with intent to distribute cocaine, her...

  • Hoffmann Pugh v. T Keenan
    338 F3d 1136
    This case concerns the constitutionality of a Colorado statute governing the secrecy of grand jury investigations. Plaintiff Linda Hoffmann-Pugh worked as a housekeeper for John and Patsy Ramsey prior...

  • Kleinholz v. United States
    339 F3d 674
    Randy A. Kleinholz appeals from the district court's denial of his motion to suppress evidence and incriminating statements that flowed from law enforcement's initial entry into his house without a wa...

  • United States v. Ghant
    339 F3d 660
    Gerald Ghant and Gregory Nichols appeal their convictions for conspiring to distribute and to possess with intent to distribute more than five kilograms of cocaine. See 21 U.S.C. § 841(a)(1), (b)...

  • United States v. Greger
    339 F3d 666
    Steven G. Haugaard, argued, Sioux Falls, SD, for appellant. Michael E. Ridgway, argued, Asst. U.S. Atty., Sioux Falls, SD (Judith K. Grunewaldt, Asst. U.S. Atty., on the brief), for appellee. Bef...

  • United States v. Caldwell
    339 F3d 680
    Timothy Caldwell was convicted of being a felon in possession of a firearm (violating 18 U.S.C. §§ 922(g)(1) and 924(e)). At his sentencing, the district court-pursuant to Section 5G1.3 of t...

  • Gunderson v. Hvass
    339 F3d 639
    Brian Gunderson appeals the district court's grant of summary judgment dismissing his 42 U.S.C. § 1983 claim against the Commissioner for the Minnesota Department of Corrections. We affirm. * O...

  • United States v. Gunning
    339 F3d 948
    Stephen R. Gunning pleaded guilty to wire fraud. He appeals to contest the terms of his sentence. We remand for additional findings and modification, or for resentencing if necessary. Gunning conten...

  • United States v. Watkins
    339 F3d 167
    Tammy Watkins and Anissa Peoples were arrested while attempting to smuggle drugs into the United States. Following a violation of their rights under the Speedy Trial Act, the United States District Co...

  • Roger G Gousse v. John Ashcroft Attorney General
    339 F3d 91
    Roger G. Gousse petitions for review of a decision by the Board of Immigration Appeals ("BIA") ordering Gousse removed to Haiti on the ground that his Connecticut Alford plea to the offense classified...

  • Kaminski v. United States
    339 F3d 84
    The question raised by this appeal is whether a federal habeas corpus petition made under 28 U.S.C. § 2255 may include a challenge to an order of restitution imposed as part of the sentence, wher...

  • Solis v. Cockrell
    342 F3d 392
    In this federal habeas petition, Juan Montelongo Solis challenges his 1994 Texas state conviction for burglary of a habitation on the ground that a juror's belief that Solis and his brothers had a rep...

  • Bernhardt v. Los Angeles County
    339 F3d 920
    Angela Bernhardt has sued the County of Los Angeles and its County Counsel, claiming that the County has a policy of settling civil rights cases only for "a lump sum, including all attorney's fees" th...

  • Cook Inc v. Boston Scientific Corporation
    333 F3d 737
    The plaintiff brought suit seeking a declaration that it had not violated a contract to which it and the defendant, along with a third firm, are parties. Jurisdiction is based on diversity of citizens...

  • Colorado v. Sunoco Inc
    337 F3d 1233
    The State of Colorado (Colorado) appeals from the district court's grant of summary judgment on statute of limitations grounds in favor of defendants A.O. Smith Corporation (Smith), ASARCO, Inc., Bech...

  • Purdy v. D Zeldes
    337 F3d 253
    Plaintiff John Purdy appeals from a judgment of the United States District Court for the District of Vermont in his malpractice action against his former attorneys, defendants Jacob D. Zeldes and the ...

  • Arnulfo Chapa v. United States Department Of Justice
    339 F3d 388
    Arnulfo Chapa, a federal prisoner, filed a suit under the Federal Tort Claims Act ("FTCA") alleging that he had tendered two boxes of personal items to employees of the Bureau of Prisons ("BOP") prior...

  • United States v. Zuno Arce
    339 F3d 886
    Valerio v. Crawford, 306 F.3d 742, 764 (9th Cir.2002) (en banc), cert. denied, ___ U.S. ___, 123 S.Ct. 1788, 155 L.Ed.2d 695 (2003), overruled the portion of United States v. Zuno-Arce, 209 F.3d 1095,...

  • United States v. Perry
    340 F3d 1216
    Edward Thaddeus Perry appeals his 106-month sentence for conspiracy to possess with intent to distribute cocaine, and possession with intent to distribute cocaine, in violation of 21 U.S.C. § ...

  • Alvarez v. Ibp Inc
    339 F3d 894
    Perhaps the packing plant employees in Pasco, Washington, should have heeded Henry David Thoreau's warning to "beware of all enterprises that require new clothes." The central dispute in this class ac...

  • United States v. Waggoner
    339 F3d 915
    This appeal presents the question of whether 18 U.S.C. § 3005 requires that two attorneys be appointed whenever the government indicts a defendant for a crime punishable by death, even if the dea...

  • Johnson v. United States
    340 F3d 1219
    This case allows us to clarify the time limits in cases where career offenders indirectly attack their federal sentences by first collaterally attacking their prior state convictions. Federal prisoner...

  • Silverman v. Silverman
    338 F3d 886
    BEAM, Circuit Judge, with whom LOKEN, Chief Judge, BOWMAN, WOLLMAN, MORRIS SHEPPARD ARNOLD, RILEY and SMITH, Circuit Judges, join. Robert Silverman (Robert) appeals the district court's rulings on h...

  • United States v. Leclair
    338 F3d 882
    Phillip LeClair appeals the district court's order committing him to the custody of the Attorney General because he was found to suffer from a mental disease or defect posing a substantial risk of eit...

  • David Clayton Hill v. Jon E Ozmint Director South Carolina Department Of Corrections
    339 F3d 187
    In October of 1995, David Hill was sentenced to death for the murder of Major Spencer Guerry, the Deputy Police Chief for the City of Georgetown, South Carolina. After the South Carolina courts denied...

  • Taylor v. Keith R
    338 F3d 639
    Plaintiffs, Sergeant Dick I. Taylor and Officer Robert J. Taylor, brought a civil rights action pursuant to 42 U.S.C. § 1983 against several City of Knoxville supervisory police officers in their...

  • United States v. Houston
    338 F3d 876
    Donald Lee Houston pleaded guilty to manufacturing, attempting to manufacture, and aiding and abetting the manufacture of five or more grams of actual methamphetamine in violation of 21 U.S.C. §&...

  • Savard v. Rhode Island
    338 F3d 23
    This appeal having been considered by the court en banc, the judgment of the district court is affirmed by an equally divided court. The opinions that follow reflect the views of the participating jud...

  • United States v. A Jasper
    338 F3d 865
    Conrad Jasper appeals the district court's imposition of a 48-month prison sentence following revocation of Jasper's supervised release. We affirm. * Jasper pleaded guilty to conspiracy to distribut...

  • United States v. K Lam
    338 F3d 868
    Eric K. Lam was convicted by a jury of one count of conspiracy to commit bank fraud, 18 U.S.C. § 371, and six counts of bank fraud, 18 U.S.C. § 1344, based on an alleged check-kiting scheme ...

  • Haugen v. Brosseau
    339 F3d 857
    On February 21, 1999, Officer Rochelle Brosseau of the Puyallup, Washington, Police Department shot Kenneth Haugen in the back as he tried to flee from police in his vehicle. Haugen filed a § 198...

  • Carr v. Castle
    337 F3d 1221
    John M. Merritt of Merritt & Associates, P.C., Oklahoma City, OK (Michael M. Blue with him on the substantive brief, and Johnnie L. Cochran, Jr. of Law Offices of Johnnie L. Cochran, Jr., Los Ang...

  • United States v. Spaulding
    339 F3d 20
    This is an appeal from a sentence imposed upon Murray Spaulding after he pleaded guilty to certain drug offenses. The question raised on this appeal is whether two of Mr. Spaulding's prior convictions...

  • Brown v. E Poole
    337 F3d 1155
    Liza Ann Brown petitions for a writ of habeas corpus. Brown was charged with first-degree murder for shooting her husband in what she claimed was self-defense. She and her husband were in the process ...

  • United States v. Pereira Salmeron
    337 F3d 1148
    This case presents the question of whether a prior felony conviction under Virginia Code § 18.2-63, for carnal knowledge of a child between 13 and 15 years of age, constitutes a conviction for a ...

  • Drax v. Reno
    338 F3d 98
    This case vividly illustrates the labyrinthine character of modern immigration law—a maze of hyper-technical statutes and regulations that engender waste, delay, and confusion for the Governmen...

  • United States v. Us
    335 F3d 28
    Co-defendants and appellants Ramón Figueroa Encarnación ("Figueroa") and Alberto Medina ("Medina") were charged in a two count indictment with (1) aiding and abetting each other in the knowi...

  • Bell Atlantic Corporation
    339 F3d 294
    In this Rule 23(f) interlocutory appeal, the plaintiffs-appellants, Rochelle Communications, Inc. (Rochelle) and Adroit Medical Systems, Inc. (Adroit), challenge the district court's denial of their m...

  • Trammell v. Keane B D C D R R T P A A J F R J J J D T A B T M Us D B C
    338 F3d 155
    Plaintiff-appellant Reginald Trammell, a New York State prisoner, appeals from a judgment of the United States District Court for the Southern District of New York (Loretta Preska, District Judge), gr...

  • Graves
    339 F3d 828
    * Given the jury verdict for defendants, the defendants are "entitled to have the evidence viewed in a light most favorable to [them], resolving conflicts in [their] favor and giving [them] the benefi...

  • Anheuser Busch Incorporated v. National Labor Relations Board
    338 F3d 267
    Anheuser-Busch Incorporated ("Busch") petitions this Court for review of a Decision and Order entered against it by the National Labor Relations Board (the "Board"). Anheuser-Busch, Inc., 337 N.L.R.B....

  • United States v. Olender
    338 F3d 629
    J.A. at 147 (internal paragraph numbering omitted). Olender's motion for a new trial was subject to the provisions of Fed.R.Crim.P. 33 which, on June 27, 2001, provided: On a defendant's motion, the...

  • Yung v. Walker L
    341 F3d 104
    New York State Attorney General Eliot L. Spitzer and Auburn Correctional Facility Superintendent Hans Walker (collectively, the "State") appeal from a judgment of the United States District Court for ...

  • In The Matter Of Larry Williams v. International Brotherhood Of Electrical Workers Local 520
    337 F3d 504
    Gregory Raymond Phillips (argued), Law Offices of Gregory R. Phillips, Austin, TX, for Appellant. Matthew G. Holder, David A. Van Os (argued), David Van Os & Associates, San Antonio, TX, for Ap...

  • Johnson v. K Barczak
    338 F3d 771
    Steven Johnson filed this pro se suit under 42 U.S.C. § 1983, alleging that several Wisconsin Department of Corrections officials deprived him of his constitutionally guaranteed right of access t...

  • United States v. Morin
    338 F3d 838
    Robert Joseph Morin appeals from the district court's denial of his motion for a new trial after he was convicted for murder and sentenced to life in prison. We affirm. Morin was arrested on March 3...

  • In Re Robert B Surrick
    338 F3d 224
    This appeal arises out of reciprocal attorney disciplinary proceedings in the United States District Court for the Eastern District of Pennsylvania. The Pennsylvania Supreme Court had suspended appell...

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