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  • United States v. Dobbs
    449 F3d 904
    Kasper Dobbs and Robert Wilson appeal their federal convictions and sentences stemming from the armed robbery of $565 from a "mom and pop" convenience store in Dubuque, Iowa. A jury convicted the defe...

  • United States v. L Gillen
    449 F3d 898
    Robert L. Gillen, pursuant to a written plea agreement, entered a plea of guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). In the plea...

  • Lambert v. Davis
    449 F3d 774
    Michael Lambert was convicted of murder and sentenced to death for killing a Muncie, Indiana, police officer in 1990. After a decade of postconviction litigation, and still under a sentence of death, ...

  • United States v. Aguilar Ortiz
    450 F3d 1271
    Alejandro Aguilar-Ortiz appeals his sentence of thirty months imprisonment, imposed following a guilty plea, for being found in the United States after deportation, in violation of 8 U.S.C. § 132...

  • United States v. Brown
    449 F3d 741
    Defendant Dois Edward Brown appeals from the denial of his motion to suppress evidence obtained as a result of a warrantless entry into his home by a police officer responding to the reported activati...

  • United States v. Morales Perez
    448 F3d 1158
    Rodrigo Alejandro Morales-Perez ("Morales-Perez") pled guilty to one count of unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326. He appeals his 70-month sentence, arguing that ...

  • Mest
    449 F3d 502
    Wayne and Suzanne Hallowell and Merrill and Betty Mest are dairy farmers whose cows suffered from various ailments over the course of twenty years before being diagnosed with fluorosis in 1999. Upon l...

  • Amalgamated Transit Union Local v. Laidlaw Transit Services
    448 F3d 1092
    A judge of the court called for a vote on whether to rehear the matter en banc. On such vote, a majority of the non-recused active judges failed to vote in favor of en banc rehearing. But a small mino...

  • Isla Nena Air Services Inc
    449 F3d 85
    Plaintiffs-Appellants Isla Nena Air Services, Inc. and its successor in interest San Juan Jet Charter, Inc. (hereinafter "Isla Nena") brought suit against defendants-appellees Cessna Aircraft Company ...

  • Financial Security Assurance Inc v. Stephens Inc
    450 F3d 1257
    The primary issue presented in this case is whether an insurer of municipal bonds that becomes the owner of those bonds upon default has standing pursuant to § 10(b) of the Securities Exchange Ac...

  • Farrell v. Burke 05 0169 Cv
    449 F3d 470
    The principal question presented by this appeal is whether a special condition of parole that prohibited the possession of "pornographic material" would have given notice to a reasonable parolee who h...

  • Gamble v. Secretary Florida Department Of Corrections
    450 F3d 1245
    Guy Richard Gamble, a death-sentenced state prisoner, appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We review his petition on the t...

  • Valdes v. Crosby
    450 F3d 1231
    This is an interlocutory appeal by James V. Crosby, former warden of Florida State Prison ("FSP"), from the denial of his motion for summary judgment based on qualified immunity. Mario Valdes sued Cro...

  • Jackson v. Dretke
    450 F3d 614
    James Jackson seeks a certificate of appealability ("COA") from the denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Because he cannot make a substantial showing of ...

  • United States v. Camacho Lopez
    450 F3d 928
    Jose Jesus Camacho-Lopez ("Camacho") appeals his conviction for illegal reentry following deportation, arguing that a defect in his earlier deportation proceeding —the Immigration Judge's ("IJ"...

  • United States v. G Rice
    449 F3d 887
    A jury found Darwin G. Rice guilty of making a material false statement concerning a matter within the jurisdiction of the Government of the United States in violation of 18 U.S.C. § 1001(a) and ...

  • United States v. Hale
    448 F3d 971
    Matthew Hale was convicted after a jury trial on two counts of obstructing justice, 18 U.S.C. § 1503, and one count of soliciting a crime of violence, id. § 373, in connection with his resis...

  • Clark v. Brown
    450 F3d 898
    This court's opinion filed March 17, 2006, and published at Clark v. Brown, 442 F.3d 708 (9th Cir. March 17, 2006) is amended as follows: The last two lines of slip op. 2802 and the first line of 2...

  • United States v. Isaac Sigala
    448 F3d 1206
    This case asks whether a conviction for conspiring to smuggle narcotics and aiding and abetting the distribution of narcotics must be overturned when there is substantial evidence that the defendant d...

  • United States v. Goff
    449 F3d 884
    Robert Clark Goff pleaded guilty to possession of an unregistered firearm in violation of 26 U.S.C. §§ 5861(d), 5871. He was sentenced to 120 months of imprisonment. Goff preserved his right...

  • United States v. Ortiz Torres
    449 F3d 61
    Orlando Ortiz-Torres, Omar Cosme-Piri, Raymond Torres-Santiago, José Renovales-Vélez, and Julio Mattei-Albizu appeal their convictions and sentences for conspiracy to distribute multi-kilogr...

  • United States v. Buchanan
    449 F3d 731
    Paul Buchanan pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). After his sentencing hearing, the district court sentenced him to 77 months of incarce...

  • United States v. Pintado Isiordia
    448 F3d 1155
    Pintado-Isiordia appeals from his conviction and sentence for violating 8 U.S.C. § 1326. We affirm in part, vacate in part and remand for resentencing. The record of Pintado-Isiordia's birth, w...

  • Kambolli v. Gonzales
    449 F3d 454
    We consider here whether we have jurisdiction to review a decision by a member of the Board of Immigration Appeals ("BIA" or "Board") unilaterally to affirm without opinion a decision of an immigratio...

  • Richardson v. B Sugg J
    448 F3d 1046
    Nolan Richardson, Jr., appeals the district court's dismissal, following a bench trial, of his race-discrimination and free-speech claims arising out of his termination as the men's head basketball co...

  • Thaeter v. Palm Beach County Sheriffs Office L
    449 F3d 1342
    This consolidated appeal presents the issue of whether photographs and videotapes of deputy sheriffs engaging in sexually explicit, off-duty conduct available for pay-per-view on the Internet is entit...

  • Christopher v. Florida
    449 F3d 1360
    Plaintiff Kenrick Christopher appeals the district court's granting judgment as a matter of law to Sgt. Barry Tierney ("Tierney") and a new trial to Trooper Jose Hernandez ("Hernandez"), following a f...

  • United States v. Scott
    448 F3d 1040
    Keith Scott appeals from the sentence imposed by the district court following Scott's plea of guilty to a charge of conspiracy to make and possess counterfeit commercial checks. We affirm. Scott ple...

  • United States v. Smith
    448 F3d 683
    This cause came to be considered on the record from the United States District Court for the Eastern District of Pennsylvania and was submitted under Third Circuit LAR 34. 1(a) on March 9, 2006, and ...

  • Daimlerchrysler Corporation Healthcare Benefits Plan v. Durden
    448 F3d 918
    This appeal involves an interpleader action filed by a pension plan seeking a declaration of which of two claimants is decedent, Douglas Durden's surviving spouse. The district court granted summary j...

  • United States v. Howard
    447 F3d 1257
    Appellant Curtis Howard appeals the district court's ruling that the search of an apartment at which he had spent the night was constitutional because he was on probation and officers had probable cau...

  • United States v. Farris
    448 F3d 965
    Milo Farris pleaded guilty to two counts of sending threatening communications through the U.S. mail. The district court sentenced him to consecutive terms of sixty months on both counts. Farris chall...

  • United States v. Rogers
    448 F3d 1033
    Eight months after being paroled on a state felony drug charge, James William Rogers was found in possession of a rifle after deer hunting. Despite his pleas, the conservation agent confiscated the we...

  • Savoury v. Us Attorney General
    449 F3d 1307
    Karl Savoury lawfully entered the United States as a visitor from Jamaica in 1984. In September 1988 he was arrested on state drug charges in Newark, New Jersey. In March 1991 while those charges were...

  • Rasberry v. B Garcia
    448 F3d 1150
    Petitioner, Jackie Ervin Rasberry, appeals the dismissal as untimely of his 28 U.S.C. § 2254 habeas corpus petition. Rasberry contends that he is entitled to equitable tolling because the distric...

  • United States v. Jae Gab Kim
    449 F3d 933
    The opinion filed on April 10, 2006, is amended as follows: On slip opinion page 3929, line 9, beginning with "Over-the-counter sales ..." and ending line 12 with "from `regulated transactions. '" de...

  • Pourghoraishi v. Flying J Incorporated
    449 F3d 751
    Following his arrest for disorderly conduct and trespass, Ahmmad Pourghoraishi, a truck driver of Middle Eastern descent accused of trying to leave a gas station without paying for fuel, sued the gas ...

  • Selman v. Cobb County School District
    449 F3d 1320
    This is the Cobb County, Georgia evolution sticker case. It involves a message of thirty-three words on a sticker that the defendant school district and board of education had affixed inside the front...

  • No 04 35449
    450 F3d 917
    Rarely does a probate matter find its way into federal court. Here we are presented with a will contest involving a member of an Indian tribe in a Department of the Interior probate proceeding where w...

  • United States v. Hartwell
    448 F3d 707
    Erskine Hartwell pleaded guilty, pursuant to a plea agreement dated April 27, 2000, to a one-count criminal information charging him with murder-for-hire resulting in death, in violation of 18 U.S.C. ...

  • Causey v. Cain
    450 F3d 601
    This Court previously granted Petitioner Causey a Certificate of Appealability ("COA") to determine whether limitations should bar his application for habeas corpus. Specifically, the COA directs us t...

  • Te McClure v. Career Systems Development Corporation
    447 F3d 1133
    Stanford T.E. McClure, Jr., appeals the district court's summary judgment on his claims against two employers for race and sex discrimination, and retaliation. This court reverses as to the retaliatio...

  • United States v. H George
    448 F3d 96
    Daniel H. George, Jr., was convicted of four counts of tax evasion, see 26 U.S.C. § 7201, and sentenced to thirty months' imprisonment. George says the district court plainly erred in failing to ...

  • United States v. Casch
    448 F3d 1115
    Mark Casch appeals his conviction of conspiracy to possess with intent to distribute methamphetamine and cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. He contends that the court er...

  • Laws v. Sony Music Entertainment Inc
    448 F3d 1134
    Plaintiff Debra Laws ("Laws") brought suit against defendant Sony Music Entertainment, Inc. ("Sony") for misappropriating her voice and name in the song "All I Have" by Jennifer Lopez and L.L. Cool J....

  • Vacek v. United States Postal Service
    447 F3d 1248
    Anton Vacek (Vacek) appeals from the district court's judgment of dismissal of his Federal Tort Claims Act (Act) claim for lack of subject matter jurisdiction. We have jurisdiction over this appeal pu...

  • United States v. Hilario
    449 F3d 500
    Defendant-appellant Gady Pichardo Hilario appeals from a judgment of the United States District Court for the Eastern District of New York (Townes, J.) convicting him, upon his guilty plea, of conspir...

  • United States v. S Goodwin
    449 F3d 766
    The defendant pleaded guilty to possession of the illegal drug Ecstasy with intent to distribute it and was sentenced to 60 months in prison. He reserved the right to appeal the denial of his motion t...

  • Narragansett Indian Tribe v. Rhode Island
    449 F3d 16
    This case pits the Narragansett Indian Tribe (the Tribe) against the State of Rhode Island (the State). It requires us to answer a challenging question of first impression: May officers of the State,...

  • United States v. Rees
    447 F3d 1128
    Aaron Rees (Rees) appeals the district court's denial of Rees's motion for judgment of acquittal or new trial following Rees's methamphetamine manufacturing convictions. We affirm. A jury convicted ...

  • Buster v. United States
    447 F3d 1130
    Brandon Buster (Buster) appeals the district court's denial of Buster's 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. We affirm. Through advice of counsel, Buster pled ...

  • Duha v. Agrium Incorporated Us Sa
    448 F3d 867
    In this diversity action the district court dismissed the complaint on grounds of forum non conveniens, concluding that a more convenient forum was in Argentina, where the plaintiff worked at the time...

  • Akhtar v. R Gonzales
    450 F3d 587
    Raja Akhtar and Mohammad Salman, citizens of Pakistan, are "paroled" "arriving aliens" in removal proceedings. Under a regulation promulgated in 1997, such aliens cannot apply for adjustment of status...

  • Delgado Reynua v. R Gonzales Us
    450 F3d 596
    Pedro Delgado-Reynua is a native and citizen of Mexico. In 1999, the government commenced deportation proceedings against him based upon his guilty plea to a charge of indecency with a child. See 8 U....

  • Shell v. United States
    448 F3d 951
    Gregory Shell is serving a term of life imprisonment after being convicted for his leadership role in the Gangster Disciples. The government obtained overwhelming evidence against Shell by monitoring ...

  • United States v. Jones
    448 F3d 958
    Christopher Jones had a history of small-time crime involving retail theft and possession of marijuana going back to 1993. For each of his brushes with the law he received correspondingly small-time p...

  • Cbs Broadcasting Incorporated Fbc Abc Nbc Cbs Abc v. Echostar Communications Corporation Dish
    450 F3d 505
    The Satellite Home Viewer Act of 1988 ("SHVA"), Pub. L. No. 100-667, tit. II, 102 Stat. 3935 (codified as amended at 17 U.S.C. § 119), as amended by the Satellite Home Viewer Improvement Act of 1...

  • Benitez v. Garcia
    449 F3d 971
    Cristobal Rodriguez Benitez was arrested in Venezuela and extradited to the United States. Benitez was tried and convicted of murder, and sentenced to an indeterminate sentence of fifteen years to lif...

  • Gregory v. Fort Bridger Rendezvous Association
    448 F3d 1195
    This appeal arises from an action brought by Plaintiffs-Appellants Richard and Sandy Gregory against Defendant-Appellee Fort Bridger Rendezvous Association ("FBRA"). The Gregorys allege that the FBRA ...

  • United States v. Arias Izquierdo
    449 F3d 1168
    This cases arises from the hijacking of an aircraft bound for Havana from Nueva Gerona, Cuba that was diverted to Key West, Florida. Appellants Alvenis Arias-Izquierdo, Eduardo Javier Mejia Morales, N...

  • Hollon v. Commissioner Of Social Security
    447 F3d 477
    ARGUED: Wolodymyr Cybriwsky, Law Offices of Wolodymyr Cybriwsky, Prestonsburg, Kentucky, for Appellant. Laurie G. Remter, Social Security Administration, Atlanta, Georgia, for Appellee. ON BRIEF: Wol...

  • United States v. Cook
    447 F3d 1127
    Scott Christopher Cook pleaded guilty in federal court to one count of conspiring to distribute methamphetamine. The district court sentenced him to a mandatory minimum twenty year sentence due to a p...

  • United States v. Mandycz
    447 F3d 951
    Iwan Mandycz challenges the district court's determination that he "illegally procured" his naturalization as an American citizen by failing to acknowledge his service as a prison guard in two concent...

  • Taylor v. Bradley
    448 F3d 942
    After a three-day trial, the jury convicted Davinne Taylor of armed robbery, Wis. Stat. §§ 943.32(1)(a) and 939.05, for an armed robbery that occurred on August 6, 1999 at Rena and Steven Le...

  • United States v. Desselle
    450 F3d 179
    The United States appeals from the extent of the district court's departure for Desselle's assistance to law enforcement under U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553(e). Because the district ...

  • United States v. Brown
    448 F3d 239
    Kareem Brown appeals the denial by the United States District Court for the Eastern District of Pennsylvania of his motion to suppress evidence. Brown argues that he was improperly stopped and searche...

  • United States v. J Watkins
    450 F3d 184
    Malcom J. Watkins and Michael A. Watkins appeal from their conditional guilty-plea convictions and sentences for possession with intent to distribute cocaine and methamphetamine. They argue that the d...

  • United States v. Ledesma
    447 F3d 1307
    This is the latest in a series of cases confronting this Court concerning traffic stops based on problems with temporary registration tags. We hold that displaying a temporary tag behind a heavily tin...

  • United States v. Morris
    448 F3d 929
    Defendant Daniel Morris pleaded guilty to one count of interstate travel in aid of racketeering (18 U.S.C. § 1952(a)(3)(A)), in exchange for the dismissal of the original charge of possession wit...

  • United States v. Santiago Ochoa
    447 F3d 1015
    Mexican national Noel Santiago-Ochoa was convicted of reentering the United States without permission after he was removed following conviction for an aggravated felony. See 8 U.S.C. § 1326(a). T...

  • United States v. W Goldman
    447 F3d 1094
    David Goldman pled guilty to one count of impeding bankruptcy proceedings in violation of 18 U.S.C. § 1509. The district court sentenced him to ten months imprisonment and ordered him to pay $106...

  • Phaneuf v. M Fraikin 04 4783 Cv
    448 F3d 591
    Kelly Phaneuf, a former high school student in Plainville, Connecticut, appeals from a judgment of the United States District Court for the District of Connecticut (Alfred V. Covello, J.) granting App...

  • United States v. McKnight
    448 F3d 237
    Bruce McKnight appeals the extent of his reduced sentence pursuant to the Government's Fed.R.Crim.P. 35(b) motion, and the adequacy of the District Court's factual findings on the motion. Consistent w...

  • United States v. Lopez Solis
    447 F3d 1201
    Appellant Alfredo Lopez-Solis, a citizen of Mexico, was indicted for entering the United States illegally in violation of 8 U.S.C. § 1326, with a sentencing enhancement pursuant to 8 U.S.C. §...

  • United States v. Ching Tang Lo
    447 F3d 1212
    The Government appeals the district court's order granting defendant Ching Tang Lo's motion for acquittals on a charge of possessing ephedrine, a listed chemical used to manufacture methamphetamine, a...

  • Guevara v. R Gonzales Us
    450 F3d 173
    Marcelo Guevara ("Guevara") petitions for review of an order of the Board of Immigration Appeals ("BIA"). The procedural history of this immigration case is somewhat lengthy. Subsequent to the BIA's i...

  • Francois v. Gonzales and J and
    448 F3d 645
    Kesner Francois appeals the district court's denial of the petition for a writ of habeas corpus that he filed pursuant to 28 U.S.C. § 2241, seeking relief from removal based upon alleged violatio...

  • Pagan v. Fruchey
    453 F3d 784
    Christopher J. Pagan appeals the entry of a summary judgment in district court dismissing his action against the Village of Glendale ("Village") and Police Chief Matt Fruchey ("Chief Fruchey"). Pagan'...

  • Goodrich v. Hall
    448 F3d 45
    Robert Goodrich appeals from the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. That court granted Goodrich a certificate of appealability providing for ...

  • Thomas v. St Louis Board Of Police Commissioners
    447 F3d 1082
    The issue presented in this case is whether the St. Louis Board of Police Commissioners (St. Louis Board) is an "arm of the state" of Missouri for purposes of Eleventh Amendment immunity. The District...

  • Dunne v. E Libbra
    448 F3d 1024
    Gerald Dunne purchased Peter Libbra's controlling interest in Prairieland Construction, Inc. for $1,250,000, paying $200,000 cash and delivering an installment promissory note for the balance. When Li...

  • Betancourt v. R Bloomberg W 04 0926 Cv
    448 F3d 547
    Plaintiff Augustine Betancourt appeals from so much of a judgment of the United States District Court for the Southern District of New York as dismissed his claims against defendants City of New York ...

  • Deluna v. City Of Rockford
    447 F3d 1008
    On March 21, 1998, officer Randall Peraza responded to a report of a domestic disturbance, and his subsequent encounter with Luis Roberto DeLuna culminated in the fatal shooting of DeLuna by Peraza. D...

  • United States v. A Bevilacqua
    447 F3d 124
    This case presents the issue of whether a federal court may require a defendant convicted of criminal contempt and perjury to pay for the costs of the investigation of his crimes, when a special prose...

  • United States v. Bockes
    447 F3d 1090
    Brent James Bockes appeals the sentence pronounced by the district court after his guilty plea for bank robbery. Bockes contends that tampering with a motor vehicle is not a crime of violence as defin...

  • Canada v. R Gonzales
    448 F3d 560
    Before: MINER, RAGGI, Circuit Judges, and KARAS, District Judge. KARAS, District Judge. Petitioner Adeodatus Canada ("Petitioner") petitions for review of the May 29, 2003 decision of the Board of...

  • Moreno v. Dretke
    450 F3d 158
    Jose Moreno was convicted of murder in Texas state court and sentenced to death. After his conviction was affirmed on appeal, he petitioned for state and federal habeas relief. The district court deni...

  • United States v. E Thomas
    447 F3d 1191
    This case requires us to consider whether a driver of a rental car who is not listed on the rental agreement has standing to challenge a police search of the vehicle. * Michael Bahr, a Spokane City,...

  • United States v. Medicine Horn
    447 F3d 620
    Jerry Medicine Horn appeals his conviction for two sexual offenses committed against a minor in Indian country. He argues that the District Court erred in admitting testimony regarding two prior sexua...

  • Initiative and Referendum Institute v. S Walker L C
    450 F3d 1082
    The Utah Constitution allows voters to initiate legislation "to be submitted to the people for adoption upon a majority vote of those voting on the legislation." Utah Const. art. VI, § 1(2)(a)(i)...

  • Kamakana v. City and County Of Honolulu
    447 F3d 1172
    We consider whether court records, originally filed under seal as attachments to motions in a civil action alleging police corruption, must be released to a newspaper under the common law right of acc...

  • Kelly
    447 F3d 944
    The defendants in this interlocutory appeal ask us to review the district court's nonfinal order denying them, among other things, the defense of absolute witness and advocacy immunity in an action co...

  • Tran v. R Gonzales
    447 F3d 937
    Petitioner seeks review of a decision from the Board of Immigration Appeals (BIA) ordering that petitioner, Quang Ly Tran, an ethnic Chinese from Vietnam, be removed to Vietnam. The BIA reversed the d...

  • Wall Data Incorporated v. Los Angeles County Sheriffs Department
    447 F3d 769
    The Los Angeles County Sheriff's Department purchased 3,663 licenses to Wall Data's computer software, but installed the software onto 6,007 computers. We are asked to determine whether the Sheriff's ...

  • United States v. White Plume
    447 F3d 1067
    Alex and Percy White Plume, members of the Oglala Sioux Tribe (Tribe) on the Pine Ridge Indian Reservation, and Tierra Madre, LLC and Madison Hemp and Flax Company 1806, Inc. (the Companies), (collect...

  • United States v. J Toohey
    448 F3d 542
    We consider here the third appeal of a sentence imposed in the captioned case. On February 11, 2003, defendant-appellant Timothy J. Toohey pleaded guilty to one count of making a willful false stateme...

  • United States v. Walker
    447 F3d 999
    Thomas Walker, an inmate at the United States Penitentiary in Terre Haute, Indiana, pleaded guilty to stabbing four correctional officers with sharpened metal rods. A few days later he had second thou...

  • St Charles County Missouri v. Wisconsin
    447 F3d 1055
    St. Charles County, Missouri, ("the County") filed this action against the State of Wisconsin to collect $5,421.86 in expenses that St. Charles County allegedly incurred for jailing a Wisconsin fugiti...

  • United States v. Sanders
    449 F3d 1087
    Robert James Sanders appeals his sentence on a conviction for possession of a firearm by a convicted felon. He contends that the district court erred by not applying the sentencing guideline that redu...

  • Alley v. Little 1 100
    447 F3d 976
    The court having received a petition for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active judges of this court, and less t...

  • United States v. Diaz Argueta
    447 F3d 1167
    Anibal Jose Diaz-Argueta (Diaz) appeals the sentence he received from the district court after pleading guilty to illegally reentering the United States following deportation in violation of 8 U.S.C. ...

  • United States v. Shannon
    449 F3d 1146
    Zackery Shannon appeals the decision of the district court to sentence him as a career offender based on "two prior felony convictions of either a crime of violence or a controlled substance offense" ...

  • United States v. K Alexander
    447 F3d 1290
    While serving time as a federal prisoner in Oklahoma, Donnie K. Alexander helped his friend, Lonnie Sawyer, assault a fellow inmate. Alexander invoked his Fifth Amendment right to remain silent when f...

  • United States v. Harris
    447 F3d 1300
    Michael Harris was convicted of firearm possession and sentenced to the statutory minimum of fifteen years as a career criminal. On appeal, he asks us to consider the scope of the "prior conviction" e...

  • United States v. P Heath
    447 F3d 535
    Mark Heath was convicted of various charges relating to a scheme to defraud by using counterfeit checks to purchase automobiles from individual sellers; Heath got the vehicles and the sellers got wort...

  • United States v. A Childs
    447 F3d 541
    Paul A. Childs is serving a lengthy prison term following his conviction on five counts of distributing crack cocaine in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(C), of being a felon in p...

  • Tunis v. R Gonzales
    447 F3d 547
    Badiatu Tunis, a native of Sierra Leone who became a permanent resident of the United States, was ordered removed (deported) on the basis of her conviction in a Wisconsin state court of two counts of ...

  • Brima Bah v. Gonzales
    448 F3d 1019
    Petitioner Abraham Brima Bah seeks review of the Board of Immigration Appeals' (BIA) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. In d...

  • United States v. A Johnson
    448 F3d 1017
    After Micah Johnson pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), the district court sentenced him to 30 months in prison a...

  • Wangchuck v. Department Of Homeland Security
    448 F3d 524
    The petitioner, Jigme Wangchuck, petitions for the review of a decision of the Board of Immigration Appeals ("BIA") denying his application for asylum, withholding of removal to India and China, and r...

  • Morris v. Powell
    449 F3d 682
    Inmate David Morris sued prison officials under 42 U.S.C. § 1983 for alleged retaliation against him for exercising his First Amendment right to use the prison grievance system. The district cour...

  • United States v. Alexander Ii
    448 F3d 1014
    James Stephen Alexander appeals from the district court's denial of his motion to suppress evidence. We affirm. At approximately 1:49 p.m. on January 25, 2004, Trooper Kyle Drown, a canine officer w...

  • Smith v. L Hollins
    448 F3d 533
    Bryant Smith filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In it he claims that the state trial court's exclusion of his brother and sister during the testimony of tw...

  • Filja v. R Gonzales
    447 F3d 241
    Before BARRY and AMBRO, Circuit Judges, and DEBEVOISE, Senior District Court Judge. DEBEVOISE, Senior District Judge. Petitioners, Igli Filja, his wife, Luljeta Filja, and his son, Endrit Filja, p...

  • United States v. Martinez
    446 F3d 878
    Araceli Martinez pled guilty to possession with intent to distribute and aiding and abetting the possession with intent to distribute cocaine base. On appeal, Martinez challenges the determination of ...

  • United States v. Gall
    446 F3d 884
    Brian Michael Gall pleaded guilty to conspiracy to distribute a mixture and substance containing methylenedioxymethamphetamine ("MDMA"), a Schedule I controlled substance, in violation of 21 U.S.C. &#...

  • United States v. Milk
    447 F3d 593
    This case involves a homicide that occurred on the Pine Ridge Indian Reservation. Following a jury trial, Wicahpe George Milk (Wicahpe) was convicted of second-degree murder for killing Arlen Bissonet...

  • United States v. Olson Bk
    450 F3d 655
    Five defendants appeal their various convictions for racketeering, racketeering conspiracy, conspiracy to distribute controlled substances, murder and drug trafficking. Four of the defendants were sen...

  • United States v. Aitoro
    446 F3d 246
    This appeal challenges the denial of defendant Joseph Aitoro's motion to suppress evidence and the validity of the sentence imposed after the defendant's entry of a guilty plea and subsequent convicti...

  • United States v. H Hollis
    447 F3d 1053
    Raymond Hollis appeals his sixty-month prison sentence imposed by the district court after he was convicted of being a felon in possession of a firearm. Hollis argues the court erred when it concluded...

  • United States v. Segura Baltazar
    448 F3d 1281
    Roberto Segura-Baltazar ("Segura-Baltazar") appeals his conviction and ensuing sentence for possession with intent to distribute cocaine and methamphetamine in violation of 21 U.S.C. §§ 841(...

  • United States v. Ward
    447 F3d 869
    A federal grand jury returned a two count indictment against Raymond Harry Ward ("defendant"). Joint Appendix ("J.A.") at 6-7. He was charged in count one of the indictment with armed bank robbery, in...

  • Bridges v. Chambers
    447 F3d 994
    Darnell Bridges was convicted in Illinois of aggravated battery. He is before us now on his 28 U.S.C. § 2254 petition, which was denied by the district court. The sole issue centers on whether Br...

  • Borello v. Allison
    446 F3d 742
    Plaintiff-Appellee Ronald Borello ("Plaintiff") was an inmate in Illinois state prison. He brought suit under 42 U.S.C. § 1983 against prison employees Richard Allison, Lisa Gales, John Liefer, a...

  • Danner v. Motley
    448 F3d 372
    James A. Danner was convicted in November 1996 in Kentucky state court on two counts of first degree sodomy and one count of first degree rape and was sentenced to twenty-four years imprisonment on ea...

  • Center For Individual Freedom v. J Carmouche W El Rl J C O To
    449 F3d 655
    The Center for Individual Freedom (the "Center") challenges, on First Amendment grounds, the dismissal of its complaint questioning the constitutionality of certain provisions of Louisiana's Campaign ...

  • United States v. Cenna
    448 F3d 1279
    Appellant Michele Renee Cenna ("Cenna"), a federal prisoner, appeals her 12-month sentence followed by one year of supervised release for misdemeanor possession of marijuana and heroin, in violation o...

  • United States v. J Bradford
    447 F3d 1026
    The government appeals the sentence of thirty-six months' imprisonment imposed by the district court on Marlon J. Bradford, arguing that it is unreasonable. We vacate the sentence and remand to the di...

  • United States v. L White
    447 F3d 1029
    Robert L. White pled guilty to one count of conspiring to distribute five grams or more of cocaine base (crack cocaine) in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 846. The distric...

  • United States v. A Rutledge
    448 F3d 1080
    John D. Cline, Jones Day, San Francisco, CA, for the appellant. Patrick T. Murphy, Assistant United States Attorney, Department of Justice, Washington, DC, for the appellee. Keith K. Hiraoka, Roec...

  • Avendano Espejo v. Department Of Homeland Security
    448 F3d 503
    Petitioner Roberto Gerardo Avendano-Espejo, a native and citizen of Peru, seeks review of an October 10, 2003 order of the BIA summarily affirming the April 23, 2003 decision of Immigration Judge Joe ...

  • United States v. Williams
    449 F3d 635
    Returning to this Court for the third time, this case arises out of an illegal alien smuggling conspiracy that caused the deaths of nineteen undocumented aliens secreted in the trailer of a tractor-tr...

  • United States v. Tykarsky
    446 F3d 458
    In this appeal from a conviction and sentence in the United States District Court for the Eastern District of Pennsylvania, we join several sister courts of appeals in holding that the involvement of ...

  • United States v. T Rose
    449 F3d 627
    Following a jury trial, Daniel Rose was convicted of conspiring to "suppress and eliminate competition by fixing the price, rigging bids, and allocating customers for choline chloride sold in the Unit...

  • United States v. Adams
    448 F3d 492
    Defendant-appellant Kenneth Hart Adams appeals from an imposition of judgment entered on September 22, 2004, by the United States District Court for the Eastern District of New York (Sterling Johnson,...

  • United States v. Michel
    446 F3d 1122
    Mauricio Michel brings this appeal challenging, on sufficiency of the evidence grounds, his convictions for various gun possession and aiding and abetting charges pursuant to 18 U.S.C. §§ 2,...

  • Paper v. Exxonmobil
    449 F3d 616
    ExxonMobil Refining & Supply Company ("Exxon") appeals a decision sending to arbitration a grievance filed by the Paper, Allied-Industrial, Chemical and Energy Workers International Union Local No...

  • United States v. Izquierdo
    448 F3d 1269
    Defendant-Appellant Javier Izquierdo ("Izquierdo") appeals his cocaine distribution and firearm convictions that were based on his guilty plea. Izquierdo contends that the district court erred in deny...

  • United States v. Anderson
    446 F3d 870
    Following a jury trial, James Anderson was convicted of both conspiring to conduct and conducting an illegal gambling business in violation of 18 U.S.C. §§ 371 and 1955. The district court s...

  • Chen v. Gonzales
    447 F3d 468
    Petitioners Duan Ying Chen and her husband, Jin-He Lin, are citizens of the People's Republic of China who sought refuge in this country after Chen was allegedly forced to undergo a sterilization proc...

  • Campbell v. Polk
    447 F3d 270
    Petitioner James Campbell was convicted by a North Carolina jury of first-degree murder, two counts of first-degree rape, kidnapping, armed robbery, and the burning of personal property. He was senten...

  • Conrad v. United States
    447 F3d 760
    After he was unsuccessfully prosecuted on charges involving an illegal gambling operation, James C. Conrad, a twenty-six-year veteran police officer, brought a Federal Tort Claims Act ("FTCA") action ...

  • No 04 16401
    448 F3d 1072
    The opinion filed on May 4, 2006, is amended as follows: on slip opinion page 5038, lines 29-32, the following sentence is deleted: "The phrase `equity and good conscience' in our judicial usage is co...

  • Panetti v. Dretke
    448 F3d 815
    Scott Louis Panetti was convicted of capital murder in the state court of Texas and sentenced to death. Panetti argues that he is presently incompetent to be executed. Based on a Certificate of Appeal...

  • United States v. Contreras Trevino
    448 F3d 821
    Manuel Contreras-Trevino appeals the district court's denial of his motion to suppress evidence obtained during a vehicle stop. For the same reasons stated in the district court's well-reasoned opinio...

  • Valentn Almeyda v. Municipality Of Aguadilla
    447 F3d 85
    The Municipality of Aguadilla, Puerto Rico, and one of its police officers, Sgt. Justo Cruz, appeal from respective jury awards against them totaling over $1 million. The sums were awarded to Blanca V...

  • Trussell v. Bowersox
    447 F3d 588
    Craig Trussell appeals from the denial of his petition for habeas corpus. He claims that the state sentencing court violated the terms of his plea agreement and his due process rights when it filed an...

  • Morris v. Ylst
    447 F3d 735
    A California jury found Petitioner Bruce Wayne Morris guilty of first-degree murder and robbery, and he was sentenced to death in 1987. We have considered his petition for a writ of habeas corpus, and...

  • United States v. Bryant
    446 F3d 1317
    The government appeals the sentence of thirty months' imprisonment imposed by the district court on Sheldon Lynn Bryant, arguing that it is unreasonable. We vacate the sentence and remand to the distr...

  • United States v. Menyweather
    447 F3d 625
    The opinion filed on December 16, 2005, is amended as follows: On slip opinion page 16488, line 17 [431 F.3d 692, 696], beginning with "Also, because...." and ending on page 16489, line 6 [431 F.3d a...

  • United States v. Katz
    445 F3d 1023
    Dr. Harry Meyer Katz was charged in a 192-count indictment with attempted or actual distribution of Schedule III and IV controlled substances outside of the scope of medical practice and not for a leg...

  • United States v. Jarrett
    447 F3d 520
    Jerry Jarrett is an aggressive and successful criminal defense attorney from northern Indiana. Jarrett, however, has not always limited his services to representing accused clients. On at least two oc...

  • United States v. Spano
    447 F3d 517
    After a trial, the defendants were convicted on various charges relating to a scheme to defraud the Town of Cicero, Illinois, and sentenced to prison. On appeal we affirmed the convictions but ordered...

  • Bill Graham Archives v. Dorling Kindersley Limited Rr and 05 2514 Cv
    448 F3d 605
    This appeal concerns the scope of copyright protection afforded artistic concert posters reproduced in reduced size in a biography of the musical group the Grateful Dead. Asserted copyright holder Bil...

  • Kusens v. Pascal Company Inc
    448 F3d 349
    ARGUED: Gregory A. Gordillo, Law Offices of Gregory A. Gordillo, Cleveland, Ohio, for Appellant. Robert N. Stein, Cleveland, Ohio, for Appellees. ON BRIEF: Gregory A. Gordillo, Law Offices of Gregory...

  • Ucelo Gomez v. Gonzales
    448 F3d 180
    Petitioners Jose Godofredo Ucelo-Gomez and Ana Mariela Espana-Espinosa (husband and wife) are natives and citizens of Guatemala, who challenge a decision by the Board of Immigration Appeals ("BIA") th...

  • United States v. Dotz
    446 F3d 632
    Nathan Dotz pled guilty to possessing trifluoromenthylphenyl piperazine (TMFPP), a Schedule I narcotic, with the intent to distribute, and to possessing cocaine. The district court sentenced Dotz in J...

  • United States v. Annis
    446 F3d 852
    Jason Paul Annis pled guilty to manufacturing and attempting to manufacture methamphetamine, and to being a felon in possession of a firearm. The district court sentenced him within the advisory Guide...

  • United States v. W Andrews
    447 F3d 806
    Merrill Andrews appeals his sentence for bank robbery imposed by a district court on remand from this court. At Andrews' initial sentencing hearing, the district court granted a downward departure on ...

  • Reasonover v. St Louis County Missouri
    447 F3d 569
    Ellen Maria Reasonover (Reasonover) was convicted in 1983 of killing James Buckley (Buckley). Reasonover served over 16 years in prison, and was released in 1999 after her petition for writ of habeas ...

  • Cottier v. City Of Martin
    445 F3d 1113
    With these conflicts as a background, Martin redrew the city's wards because population shifts had rendered the existing boundaries obsolete. After the new wards were drawn and published as Ordinance ...

  • United States v. Zapete Garcia E
    447 F3d 57
    In October 2004, Dionisio Zapete-Garcia (Zapete) disembarked from an airplane in Isla Verde, Puerto Rico. The flight had originated in the Dominican Republic. On arrival, Zapete presented United State...

  • Vargas Sarmiento v. United States Department Of Justice
    448 F3d 159
    Luis Vargas-Sarmiento ("Vargas") petitions pursuant to 8 U.S.C. § 1252(a) (2000), for review of a January 2, 2004 order of the Board of Immigration Appeals ("BIA"), upholding a May 13, 1998 rulin...

  • United States v. Torres Hernandez
    447 F3d 699
    Today we decide a district court need not and may not take into account Hispanics who are ineligible for jury service to determine whether Hispanics are underrepresented on grand jury venires. To esta...

  • United States v. Rinaldi
    447 F3d 192
    This case comes to us following a protracted and convoluted series of motions filed by Michael Rinaldi as part of his effort to collaterally attack his federal criminal sentence. Rinaldi, currently in...

  • United States v. L Bedford
    446 F3d 1320
    Bedford appeals, contending that the district court erred by applying the enhancement under U.S.S.G. § 3C1.1 because (1) his eating of the crack cocaine occurred contemporaneously with arrest wit...

  • United States v. Scott
    447 F3d 1365
    Defendant Leonard Scott pled guilty to illegal reentry into the United States after having been previously deported in violation of 8 U.S.C. § 1326. At sentencing, the district court added one cr...

  • United States v. Marcial Santiago
    447 F3d 715
    Jose Marcial-Santiago, Roberto Acosta-Franco, and Victor Sanchez-Acosta ("Appellants") appeal the sentences they received upon pleading guilty and being convicted of being illegal aliens found in the ...

  • United States v. Brigham
    447 F3d 665
    This is a sentence appeal. We affirm because Brigham did not object to the claimed errors and because the errors do not qualify as "plain. " Brigham and others bought a successful restaurant in Portl...

  • No 04 16049
    447 F3d 686
    When is a rifle a machinegun? This appeal asks whether the rifle seized by the Bureau of Alcohol, Tobacco, and Firearms ("ATF") from Mark Brown is a "machinegun" within the meaning of the National Fir...

  • Mason v. M Yarborough
    447 F3d 693
    Petitioner-Appellant Richard Lee Mason ("Mason") seeks habeas corpus review of his state court convictions arising out of two separate shooting incidents in Stockton, California, one resulting in firs...

  • United States v. Ruiz
    446 F3d 762
    The Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") executed a reverse-sting operation involving a large quantity of narcotics at a warehouse in Kansas City, Missouri. The reverse sting re...

  • United States v. Thorpe
    447 F3d 565
    Joshua Thorpe was convicted of conspiring to distribute crack cocaine and possessing a firearm in furtherance of a drug trafficking offense. The district court sentenced him to 180 months in prison. T...

  • United States v. Allen
    446 F3d 522
    Keith Ramon Allen appeals from the 156-month sentence imposed upon him in the Southern District of West Virginia, in August 2003, on his conviction for distributing cocaine base. The court sentenced A...

  • United States v. J Coccia
    446 F3d 233
    Defendant Larry Coccia appeals, on several grounds, his conviction for possession of a firearm while subject to a domestic restraining order, pursuant to 18 U.S.C. § 922(g)(8). We affirm. We pr...

  • Grossman v. E Bruce
    447 F3d 801
    Patrick Grossman, a Kansas inmate proceeding pro se, appeals a district court order denying his petition for habeas corpus. Grossman alleged violations of his Fourteenth Amendment procedural due proce...

  • United States v. Lacy
    446 F3d 448
    Defendant Michael Lacy was charged with possession with intent to distribute five grams or more of a substance containing a detectable amount of cocaine base, or crack cocaine, in violation of 21 U.S....

  • Silva v. Us Attorney General
    448 F3d 1229
    The main issue presented in this petition is whether evidence, viewed in the light most favorable to the fact findings of the Immigration Judge, that two unknown persons for unknown reasons fired shot...

  • In Re Eagle Picher Industries Inc
    447 F3d 461
    Eagle-Picher Industries emerged from Chapter 11 bankruptcy in November 1996, and in this case seeks to stay a $20 million patent-infringement action filed by Caradon Doors and Windows against it in Ma...

  • Egleston v. L
    448 F3d 803
    Vicki Marie Egleston appeals the summary judgment in her adversary proceeding to except from discharge various Pennsylvania state court judgments rendered against her ex-husband, a Chapter 7 debtor, L...

  • United States v. E McVay
    447 F3d 1348
    The United States appeals from a sentence of 60 months' probation imposed by the district court on Malcolm E. McVay, the former Chief Financial Officer, Senior Vice-President, and Treasurer of HealthS...

  • Kanacevic v. Immigration and Naturalization Service
    448 F3d 129
    Besime Kanacevic, a native and national of Montenegro, petitions for review of the Board of Immigration Appeals' summary order denying her application for political asylum. We conclude that we have ju...

  • United States v. Goffi
    446 F3d 319
    In November 1999, Charles Goffi entered into a plea agreement in the United States District Court for the Eastern of New York pursuant to which he agreed to plead guilty to a charge of embezzling mone...

  • No 04 16401
    446 F3d 1019
    In this interpleader action, appeal is made by the several parties dissatisfied with the decision of the district court awarding the funds in dispute to the Class of Human Rights Victims represented b...

  • United States v. D Gipson
    446 F3d 828
    A jury convicted Derone Gipson of possession with intent to distribute 50 grams or more of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A). Gipson appeals his conviction, arg...

  • Anderson v. F Recore S
    446 F3d 324
    Defendants-appellants James F. Recore, Director of Temporary Release Programs of the New York State Department of Correctional Services ("DOCS"), Joseph Williams, Superintendent of the Lincoln Correct...

  • Lockhart v. Chandler
    446 F3d 721
    Andrew Lockhart pled guilty to murder in Illinois state court. He faced a prison sentence of 20 to 60 years, and ultimately received 35. Lockhart is before us now on the denial of his 28 U.S.C. §...

  • United States v. Owens
    447 F3d 1345
    This case involves the question of whether possession of an unregistered firearm is a crime of violence for purposes of enhancing a criminal sentence under U.S.S.G. § 2K2.1(a)(4)(A). Defendant-...

  • United States v. Alvarez Coria
    447 F3d 1340
    After pleading guilty, Jose Jesus Alvarez-Coria appeals his 86-month sentence for (1) conspiracy to possess with the intent to distribute at least 500 grams of methamphetamine and at least 500 grams o...

  • United States v. Currence
    446 F3d 554
    Kareem Jamal Currence is under indictment for possession of crack cocaine with intent to distribute and possession of crack cocaine with intent to distribute in a school zone. See 21 U.S.C. § ...

  • Muntaqim v. Coombe
    449 F3d 371
    David B. Salmons (Sheldon T. Bradshaw, Principal Deputy Assistant Attorney General, and Cynthia M. McKnight, David K. Flynn, and David White, Attorneys, of counsel, R. Alexander Acosta, Assistant Atto...

  • United States v. Sibley
    448 F3d 754
    Jeff Sibley pled guilty to possession of a controlled substance with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and § 846, and possession of a firearm durin...

  • United States v. Ault
    446 F3d 821
    Alan Lee Ault pleaded guilty to one count of attempting to manufacture methamphetamine and one count of possessing a firearm after having been convicted of a domestic violence offense. See 21 U.S.C. &...

  • United States v. Lockwood
    446 F3d 825
    Clayton Lee Lockwood pleaded guilty to one count of sexually abusing a minor. After categorizing Lockwood's 1980 California conviction for committing a lewd or lascivious act upon a child as a prior s...

  • Amco Insurance v. J
    444 F3d 690
    The significance of this bankruptcy case relates to the nunc pro tunc substantive consolidation of the assets and liabilities of a corporation in bankruptcy and its sole shareholder, not in bankruptcy...

  • Gregory v. City Of Louisville
    444 F3d 725
    Plaintiff, William Thomas Gregory, and Defendants cross appeal March 29, 2004 and June 22, 2004 orders entered by the United States District Court for the Western District of Kentucky which ruled on t...

  • United States v. Santos
    449 F3d 93
    All four defendants were convicted, after a seven-day jury trial, of conspiracy to commit Hobbs Act robbery in violation of 18 U.S.C. § 1951. On appeal, defendants A. Rodriguez, Delarosa, and Vaz...

  • United States v. Garcia
    447 F3d 1327
    This appeal by Cesar Garcia and Hector Nunez presents two main issues. The first issue is whether, under the Sixth Amendment as interpreted in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 ...

  • United States v. D Florez
    447 F3d 145
    Defendant Jose Dorance Florez ("Florez") appeals from a judgment of conviction entered on May 12, 2005, after a jury trial in the United States District Court for the Eastern District of New York (Cha...

  • Chavarria v. Gonzalez
    446 F3d 508
    Petitioner Celso Chavarria, a native of Guatemala, petitions this court for review of the Board of Immigration and Appeal's ("BIA") denial of his application for asylum and withholding of removal. We ...

  • United States v. D Counce
    445 F3d 1016
    On the morning of October 11, 2003, Kansas City, Missouri police officers stopped Jesse D. Counce for a traffic violation. After a computer check confirmed that Counce had outstanding warrants, he was...

  • Zhi Wei Pang v. Bureau Of Citizenship and Immigration Services
    448 F3d 102
    Before: SOTOMAYOR and RAGGI, Circuit Judges, and CEDARBAUM, District Judge. Judge RAGGI concurs in a separate opinion. Petitioner Zhi Wei Pang, a citizen of the People's Republic of China, petitio...

  • Nelson v. The Boeing Company
    446 F3d 1118
    The general rule in civil cases is that the ineffective assistance of counsel is not a basis for appeal or retrial. MacCuish v. United States, 844 F.2d 733, 735 (10th Cir.1988). If a client's chosen c...

  • United States v. Sanchez Juarez
    446 F3d 1109
    Lorenzo Sanchez-Juarez pled guilty to one count of illegal reentry by a deported alien after conviction of an aggravated felony, in violation of 8 U.S.C. § 1326(a)(1), (a)(2), and (b)(2), and one...

  • Elnashar v. United States Department Of Justice
    446 F3d 792
    Abdel Elnashar filed suit against the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), seeking expungement of his record, access to his record, and damages relating to the re...

  • Lefkowitz v. United States
    446 F3d 788
    Gary Lefkowitz and his company, Citi-Equity Group, developed and built low and moderate income housing projects. Lefkowitz used project funds to pay personal expenses and operating costs, contrary to ...

  • United States v. Jeremiah
    446 F3d 805
    Brian Fay Jeremiah pleaded guilty to a violation of 18 U.S.C. § 2425 (2000) for using interstate facilities to transmit information about a minor "with the intent to entice, encourage, offer, or ...

  • United States v. Atteberry
    447 F3d 562
    In February 2004, federal and state agents conducted a warrant search of Brian Atteberry's residence. They seized a computer and floppy disks containing 300 to 600 images of child pornography and docu...

  • Hays v. Bryan Cave Llp
    446 F3d 712
    This is a case of some novelty but little difficulty. The plaintiff brought suit in an Illinois court, charging the defendants, a law firm and its lawyers who had represented him in a federal criminal...

  • United States v. Darif
    446 F3d 701
    Defendant-Appellant Anouar Darif ("Defendant"), was charged in a three-count superceding indictment with conspiracy to commit marriage fraud, in violation of 18 U.S.C. § 371, marriage fraud, in v...

  • Hanaj v. R Gonzales
    446 F3d 694
    Petitioner, Donald Hanaj, entered the United States without admission, parole or inspection through Canada, and applied for asylum in 1999. The asylum application was also considered as a request for ...

  • United States v. Gardner
    447 F3d 558
    A jury convicted Linda Ray Gardner of conspiracy to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. § 846. The district court granted Gardner's motion for a new trial. T...

  • United States v. Caraballo
    447 F3d 26
    After pleading guilty to two counts of possessing and distributing crack cocaine, in violation of 21 U.S.C. § 841(a)(1), defendant Luis Caraballo was sentenced, under United States v. Booker, 543...

  • United States v. Kendall
    446 F3d 782
    Dan Kendall appeals his sentence by arguing both the district court improperly failed to apply the correct guidelines and the sentence is unreasonable. We reverse and remand for resentencing. * Kend...

  • Thurman v. Village Of Homewood
    446 F3d 682
    This case arises out of an incident at a Home Depot in Homewood, Illinois, in which police officers questioned the plaintiff, Clifton Thurman, because he was in possession of a gun in the store. Thurm...

  • United States v. Harper
    448 F3d 732
    Appellee Richard Harper, a federal prisoner, was convicted of assaulting his cellmate with a dangerous weapon, in violation of 18 U.S.C. § 113(a)(3). At sentencing, the Government urged the court...

  • Abigail Alliance For Better Access To Developmental Drugs and Washington Legal Foundation v. C Von Es
    445 F3d 470
    The Abigail Alliance for Better Access to Developmental Drugs ("the Alliance") seeks to enjoin the Food and Drug Administration ("FDA") from continuing to enforce a policy barring the sale of new drug...

  • United States v. Herrera L
    446 F3d 283
    Defendant Jose Luis Barraza appeals from a sentence imposed by the United States District Court for the Southern District of New York (Gerard E. Lynch, J.) after Barraza pleaded guilty to conspiring t...

  • Ye v. Department Of Homeland Security R Us
    446 F3d 289
    We consider here principally (1) whether an adverse credibility finding is supported by substantial evidence where a petitioner's written asylum application and subsequent testimony contain material i...

  • Jonah v. Carmona
    446 F3d 1000
    Petitioner Jonah R. spent almost 35 months in detention before he was sentenced to a 30-month term of confinement under the Federal Juvenile Delinquency Act ("FJDA"), 18 U.S.C. § 5031 et seq. The...

  • Harman v. Pollock
    446 F3d 1069
    Melissa Harman and Justin Overton rented and resided in the garage apartment at 44½ West 2700 South in South Salt Lake, Utah. Defendant Brent Pollock, a narcotics agent with the Utah Department o...

  • United States v. D Kelley
    446 F3d 688
    Following a final revocation hearing, the district court found Lamond Kelley guilty of battery, aggravated assault, and unlawful use of a weapon — all Grade A violations of the conditions of hi...

  • United States v. Orange
    447 F3d 792
    Petitioner-Appellant Keith Lamar Orange, appeals from the district court's denial of his 28 U.S.C. § 2255 petition based on claims of ineffective assistance of counsel. United States v. Orange, 3...

  • United States v. Moore
    446 F3d 671
    The practice of favoring close family members or friends with lucrative government contracts is hardly a new one, but, at least in modern times, it is usually forbidden. This case involves a variant o...

  • United States v. Revels
    455 F3d 448
    Joseph Revels brings this challenge under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), to the district court's application of a four-level sentencing enhancement and i...

  • Simelton v. J Frank
    446 F3d 666
    Marvin Simelton pled guilty to two charges of sexual assault. After unsuccessfully pursuing his state court remedies, he filed a petition for a writ of habeas corpus in the district court pursuant to ...

  • Bechtel v. Competitive Technologies Inc 05 2404 Cv
    448 F3d 469
    Competitive Technologies, Inc. ("CTI") appeals from a judgment of the United States District Court for the District of Connecticut (Covello, J.) granting the applications of John Scott Bechtel and Wil...

  • Echostar Communications Corporation Dbs Pc
    448 F3d 1294
    EchoStar Communications Corporation, EchoStar DBS Corporation, EchoStar Technologies Corporation, and Echosphere Limited Liability Company (collectively "EchoStar") petition for a writ of mandamus, in...

  • United States v. J Mullins
    446 F3d 750
    Following a jury trial, Ben Mullins was convicted of unlawful possession of a firearm as a previously convicted felon, in violation of 18 U.S.C. § 922(g)(1). The district court also found that he...

  • Aguiluz Arellano v. R Gonzales
    446 F3d 980
    Vacilio Aguiluz-Arellano petitions for review of a final removal order, arguing that the BIA erred in finding that Aguiluz-Arellano's conviction for being under the influence of a controlled substance...

  • Dresdner Bank Ag Ag Sa v. Mv Olympia Voyager
    446 F3d 1377
    In this admiralty appeal, we consider whether United States law was properly applied to govern a transaction between a Liberian shipowner and a Greek travel agency for travel services benefiting a Gre...

  • United States v. Todd
    446 F3d 1062
    In these consolidated cases, the government appeals two district court rulings. The first is the district court's dismissal of one count of an indictment at a pretrial suppression hearing, based on th...

  • United States v. A Johnson
    446 F3d 272
    Jeffrey A. Johnson ("Johnson") is currently serving three years of supervised release, imposed by the United States District Court for the Northern District of New York (Thomas J. McAvoy, Judge) as pa...

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