Taibu Grant appeals the District Court s denial of the habeas petition he filed under 28 U.S.C. 2254. We granted a certificate of appealability to allow Grant to appeal the District Court s rejection of his claim of prosecutorial misconduct without holding an evidentiary hearing and his claim...   MORE>>

R determined a deficiency and a penalty for P s 2008 tax year. The primary issues are whether distributions from each of P s two qualified retirement plans are subject to the 10% additional tax on early distributions pursuant to I.R.C. sec. 72(t) and whether P is liable for the accuracy-related ...   MORE>>

Ed and Lydia Heinbockel are a happy couple possessed by entrepreneurial spirit. In 2005-07 Ed worked full time running a successful training simulations company, while Lydia--a visibly fashionable and energetic woman--ran a personal-shopping business 24-7 . The Heinbockels claim that their inco...   MORE>>

Motiva, LLC ( Motiva ) appeals the decision of the International Trade Commission ( Commission ) that Nintendo Co., Ltd. and Nintendo of America, Inc. (collectively Nintendo ) did not violate 337 of the Tariff Act of 1930 by importing, selling for importation, or selling certain vide...   MORE>>

I. Introduction Defendant-Appellant Lloyds of London Syndicate 2003 ( Lloyds ) appeals the district court s denial of its summary judgment motion and subsequent grant of summary judgment in favor of Plaintiff-Appellee Brecek & Young Advisors, Inc. ( BYA ) in an action arising out o...   MORE>>

We must decide whether police officers used excessive force in a struggle that led to the death of a person suspected of possessing illegal drugs. I A On September 25, 2009, at 2:00 AM in the morning, Officers Daron Wyatt and Matthew Ellis, members of the Anaheim Police Department, we...   MORE>>

Ali Sina Karimi petitions this court for review of a Board of Immigration Appeals ("BIA") final order of removal. Karimi contends the BIA erred when it ruled that his Maryland second-degree assault conviction was for a "crime of violence" under 18 U.S.C. 16, and thus an "aggravated felony" under ...   MORE>>

This is a second appeal from the denial of Defendant-Appellant Mois s Candelaria-Silva's ("Mois s") motion for reduction of sentence under 18 U.S.C. 3582 (c)(2) and the retroactively amended crack-cocaine guidelines. The first time around, the district court found defendant ineligible for a red...   MORE>>

Appellant Jos Manuel Zavala-Mart ("Zavala") challenges the life sentence he received for his role in a large-scale drug operation that sold heroin, crack, cocaine, and marijuana at a public housing project in Yabucoa, Puerto Rico. The second of forty-seven defendants charged in a ten-count super...   MORE>>

This is an appeal from a grant of summary judgment in favor of plaintiff PHL Variable Insurance Company ("PHL") in its equitable action for rescission of a life insurance policy and special damages incident to the rescission of that policy. See PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trus...   MORE>>