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  • Church Of Scientology Flag Service Org Inc v. City Of Clearwater
    2 F3d 1509
    Appellant Church of Scientology Flag Service Organization, Inc. ("Scientology") challenges the district court's order denying its petition for attorneys' fees in its civil rights action brought again...

  • Henson v. Pulaski County Sheriff Department Morgan
    6 F3d 531
    This consolidated appeal presents the issue of the standard that is to be applied in determining the compensability of meal periods under the Fair Labor Standards Act ("FLSA" or the "Act"), 29 U.S.C. ...

  • Carpet Center Leasing Company Inc Bonapfel v. Nalley Motor Trucks A Division Of Nalley Chevrolet
    4 F3d 940
    Upon consideration of the appellant's Petition for Rehearing, the panel has concluded that the original opinion at 991 F.2d 682 (11th Cir.1993) be amended by adding the following paragraphs immediatel...

  • United States v. Fonville
    5 F3d 781
    The defendant, Anthony T. Fonville, pleaded guilty to one count of armed bank robbery in violation of 18 U.S.C. Sec. 2 and Sec. 2113(a) and (d). The district court sentenced him to 210 months impriso...

  • Norfolk and Western Railway Company v. Director Office Of Workers Compensation Programs United States
    5 F3d 777
    Jeffrey Steven Goldberg, U.S. Dept. of Labor, Washington, DC, argued (Marshall J. Breger, Sol. of Labor, Donald S. Shire, Associate Sol., Patricia M. Nece, Counsel for Appellate Litigation, U.S. Dept....

  • Baker v. Delta Air Lines Inc
    6 F3d 632
    This appeal presents the question whether Delta Air Lines, Inc. ("Delta") is bound as a successor by an injunction prohibiting Western Air Lines, Inc. ("Western") from preventing pilots age 60 and o...

  • Molina Amezcua v. Immigration and Naturalization Service
    6 F3d 646
    Under section 241(a)(4) of the Immigration and Nationality Act, an alien becomes deportable if convicted of "two crimes involving moral turpitude." 8 U.S.C. Sec. 1251(a)(4). Yet deportation is not a...

  • Heller v. Mutual Benefit Life Insurance Company
    6 F3d 829
    This cause was considered on the record from the United States District Court and on the briefs and oral arguments by counsel. After full review of the issues presented, the court concludes that appr...

  • United States v. Johnson
    6 F3d 829
    This cause was considered on the record from the United States District Court and on the briefs and oral arguments by counsel. After full review of the issues presented, the court concludes that appr...

  • Daewoo Electronics Co Ltd v. International Union Of Electronic Electrical Technical Salaried and Mach
    6 F3d 1511
    These appeals challenge the antidumping duties imposed on color television receivers from Korea imported between October 19, 1983 and April 30, 1984. The decisions from the Court of International Tra...

  • United States v. Walser
    3 F3d 380
    This appeal presents a novel question: can one who intentionally causes an innocent party to commit perjury unwittingly be held liable as a principal under 18 U.S.C. Sec. 2? This question arises fr...

  • Bates v. Hunt
    3 F3d 374
    Defendants, a former Alabama Governor and his Chief Of Staff, appeal denial of summary judgment on First Amendment free speech and Fourteenth Amendment gender discrimination claims made by plaintiff, ...

  • United States v. Chanel
    3 F3d 372
    Eric Chanel was convicted by a jury of possession with intent to distribute cocaine, in violation of 21 U.S.C. Sec. 841(a)(1), and importation of cocaine, in violation of 21 U.S.C. Secs. 952(a) and 96...

  • Farrell v. Davis
    3 F3d 370
    Appellant Robert M. Farrell ("Farrell") appeals the judgment of the district court denying his petition for writ of habeas corpus brought pursuant to 28 U.S.C. Sec. 2254. A state jury convicted Farr...

  • United States v. Sanchez
    3 F3d 366
    Appellants, defendants in the District Court, petitioned for rehearing with a suggestion for rehearing en banc. At the time of such petition, Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed....

  • Bartesaghi Lay v. Immigration and Naturalization Service
    9 F3d 819
    Jorge Bartesaghi-Lay, hereinafter referred to as the petitioner, entered the United States "without inspection" near Brownsville, Texas on April 14, 1991. The petitioner, a citizen of Peru, was immed...

  • Church Of Scientology Flag Service Org Inc v. City Of Clearwater A E
    2 F3d 1514
    This appeal involves a challenge to an ordinance regulating the solicitation of funds by charitable organizations in the City of Clearwater, Florida ("Clearwater"). Plaintiff Church of Scientology Fl...

  • Guinan v. United States
    6 F3d 468
    The district court denied Michael Guinan's motion to set aside his convictions for filing false tax returns. The motion, filed under 28 U.S.C. Sec. 2255, claimed that newly discovered evidence showed...

  • Aquino v. Office Of Personnel Management
    11 F3d 1069
    Mr. Aquino appeals the June 29, 1992 final decision of the Merit Systems Protection Board (Board), Dkt. No. SE08319110205, dismissing for lack of timeliness Mr. Aquino's petition for review of the Adm...

  • Atlantic Thermoplastics Co Inc v. Faytex Corporation
    5 F3d 1477
    Faytex Corp. appeals the judgment of the United States District Court for the District of Massachusetts finding United States Patent No. 4,674,204 ('204 patent) not invalid and infringed by Faytex and...

  • United States v. Currituck Grain Incorporated
    6 F3d 200
    The United States, on behalf of the Farmer's Home Administration (FmHA), appeals from an order of the United States District Court for the Eastern District of North Carolina dismissing its action in c...

  • Amlie v. Commissioner Of The Internal Revenue Service
    14 F3d 593
    Thomas S. Amlie and the Estate of June T. Amlie, his wife, taxpayers herein, underpaid income taxes for taxable years 1978 and 1979 in the amounts of $9,508 and $12,395, respectively, improperly relyi...

  • Godley v. United States
    5 F3d 1473
    William C. Godley sued the United States Postal Service in the United States Court of Federal Claims for breach of contract. The Court of Federal Claims granted Mr. Godley's motion for summary judgme...

  • United States v. Norman
    3 F3d 368
    Appellants Martin Carl Norman, James Andrew Sanders, and John Jacob Wells were convicted by a jury of conspiracy to possess, distribute, and import marijuana, and related substantive offenses. All th...

  • Molzof v. United States
    6 F3d 461
    Plaintiff brought suit under the Federal Tort Claims Act, 28 U.S.C. Secs. 2671-2680, for, inter alia, future medical expenses. On remand from the Supreme Court to determine whether Wisconsin law perm...

  • Ej Friedman Company Inc v. United States
    6 F3d 1355
    E.J. Friedman Company, Inc. ("Friedman") brought an action in district court to compel the United States to discharge a federal tax lien encumbering several parcels of property. Friedman advanced se...

  • Massachusetts Mutual Life Insurance Company v. Obrien C
    5 F3d 1117
    In this case, an insurance company appeals from the entry of summary judgment against it and from the award of attorney fees and a penalty to the defendants. We vacate both the entry of judgment and ...

  • Texaco Inc v. Zah
    5 F3d 1374
    Texaco Inc. ("Texaco") and Texas-New Mexico Pipeline ("Texas-New Mexico") (collectively "Appellants") appeal an order of the district court dismissing their declaratory judgment action against the Na...

  • United States v. Warner
    5 F3d 1378
    In this cross-appeal, Jesse Warner contends his conviction of the crime of illegally possessing a machine gun cannot stand because Utah law authorized that possession. We hold federal law prohibits p...

  • United States v. Kalter
    5 F3d 1166
    Michael Kalter appeals his conviction under 18 U.S.C. Secs. 922(g)(1) and 924(e)(1), for being a felon in possession of a firearm. We affirm. The record in this case amply supports the district cou...

  • United States v. Newsom
    9 F3d 337
    The United States appeals the judgment of the district court granting Franklin Newsom's motion to dismiss an indictment against him on grounds of lack of venue and subject matter jurisdiction. Becaus...

  • United States v. Matthews
    5 F3d 1161
    Todd Edward Matthews appeals from the sentence entered upon his guilty plea to charges of distributing cocaine base and money laundering. We vacate the sentence and remand the case to the district co...

  • United States v. Boatmens First National Bank Of Kansas City
    5 F3d 1157
    After the debtor in this bankruptcy case filed a petition for reorganization under Chapter 11 of the Bankruptcy Code, the appellee bank made loans secured by a super-priority lien pursuant to 11 U.S.C...

  • Ragin v. Harry Macklowe Real Estate Co
    6 F3d 898
    Plaintiffs-appellants-cross-appellees Luther M. Ragin, Jr., Deborah Fish Ragin, Renaye Cuyler, Jerome F. Cuyler and the Open Housing Center ("OHC") appeal from a judgment entered in the United States ...

  • Theodore L Leblanc v. Great American Insurance Company
    6 F3d 836
    On October 19, 1990, the defendant-appellee, Great American Insurance Company ("Great American"), terminated its employment of the plaintiff-appellant, Theodore L. LeBlanc, who was then fifty-nine yea...

  • Rufolo v. Midwest Marine Contractor Incorporated
    6 F3d 448
    This case was brought under the Jones Act, 46 U.S.C.App. Sec. 688, and general maritime law. The plaintiff, James Rufolo, a shipping pilot, slipped and fell and hurt his back on the oil-slicked stair...

  • Hutsell v. Sayre Wa
    5 F3d 996
    In this Sec. 1983 action, plaintiff Stanley R. Hutsell alleges that defendants University of Kentucky police officers Ray Sayre and W. A. Hayes, as well as the Board of Trustees of the University of K...

  • Kunz v. United Food and Commercial Workers Local
    5 F3d 1006
    Plaintiff-Appellant, June Kunz, has appealed the district court's grant of summary judgment in favor of defendant-appellee, United Food & Commercial Workers, Local 876 (Local 876) on her causes of...

  • Cg Willis Incorporated v. The Spica The Patricia The Mud Scow
    6 F3d 193
    As a result of a collision in the Chesapeake Bay, the district court, sitting in admiralty, entered judgment on the complaint of the owners and insurance carrier of the tug Patricia against the Spica ...

  • Cox v. Shannon Pocahontas Mining Company
    6 F3d 190
    This case arises under the Black Lung Benefits Act, 30 U.S.C. Secs. 901 et seq. The appellant, James Cox, worked in the nation's underground coal mines a total of 28 years, ending in June 1979. His ...

  • United States v. Grasso
    6 F3d 87
    Defendant-appellant Frank Grasso appeals from a judgment of conviction and resulting sentence imposed March 19, 1993 in the United States District Court for the Northern District of New York, Thomas J...

  • Allen v. Duckworth
    6 F3d 458
    In November 1986, in a state court in Indiana, the petitioner was convicted of attempted murder and attempted robbery and sentenced to a total of fifty years in prison. He appealed to the Supreme Cou...

  • Computer Corporation Inc v. United States
    5 F3d 1344
    CHoPP Computer Corporation (CHoPP) appeals from the district court's summary judgment in favor of the United States and PaineWebber Incorporated (PaineWebber), in CHoPP's action for damages arising fr...

  • Crooker v. Metallo
    5 F3d 583
    The issue presented in this appeal is whether the defendants, parole officers, violated a clearly established constitutional right of which a reasonable person would have known when, in August 1989, t...

  • Alvarez Sanchez v. E Aponte De La Torre
    5 F3d 581
    This 42 U.S.C. Sec. 1983 action was commenced on June 27, 1991, and was dismissed as out of time. We affirm. Defendant, mayor of Carolina, Puerto Rico, determined that a large number of municipal e...

  • United States v. Cardona Sandoval
    6 F3d 15
    This appeal involves the validity of a search of a vessel. Appellants Joaquin Cardona-Sandoval, Alejandro Rojano-Rangel, and Jorge Gomez-Olarte appeal their convictions of possessing cocaine with int...

  • United States v. Hyten
    5 F3d 1154
    Roy Gene Hyten appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). Hyten contends that the district court erred by refusing to suppress evide...

  • Federal Deposit Insurance Corporation v. Royal Park No Ltd
    2 F3d 637
    On November 1, 1985, Royal Park No. 14, Ltd., Royal Park No. 20, Ltd., Royal Park Development Corporation, Inc., G.R. Hay and William G. Jones, Jr. (Royal Park) executed and delivered a promissory no...

  • United States v. Boatwright
    14 F3d 597
    Charles Anthony Boatwright appeals the sentence imposed by the district court after his guilty plea to bank robbery, 18 U.S.C.A. Sec. 2113(a) (West Supp.1993), use of a firearm in a crime of violence,...

  • Dillon v. New River Coal Company
    16 F3d 409
    Christian P. Barber, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for Respondent Director. Leah Quentin Griffin, Asst. Atty. Gen., Charleston, WV, for Respondent Pneumoconiosis Fu...

  • Morrow v. Fbi Us
    2 F3d 642
    In this case of first impression in this Circuit, we must determine whether the district court abused its discretion by dismissing as frivolous Ricky Eugene Morrow's complaint under the Freedom of Inf...

  • United States v. Vieira Candelario
    6 F3d 12
    Defendant-appellant Aurelio Vieira-Candelario was indicted in the United States District Court for the District of Rhode Island for unlawful reentry into the United States following deportation, in vi...

  • United States v. A Newman
    6 F3d 623
    Gary A. Newman appeals his conviction and sentence, following a jury trial, for one count of setting a fire willfully and without authority in a National Forest in violation of 18 U.S.C. Sec. 1855. W...

  • Nike Incorporated v. Just Did It Enterprises
    6 F3d 1225
    Humor, like beauty, is in the eyes of the beholder. When artist Michael Stanard designed and sold t-shirts and sweatshirts with a "swoosh" design identical to Nike, Inc.'s, but with the word Mike ins...

  • Wicks Independence One Mortgage Corporation v. Wicks
    5 F3d 1372
    Appellants Harold and Theresa Wicks ("debtors") filed a Chapter 13 Bankruptcy Petition on March 28, 1991. In their Chapter 13 Plan filed on April 23, 1991, they proposed to "bifurcate" the claim of A...

  • 17511a Baca v. Department Of Health and Human Services
    5 F3d 476
    Plaintiff-appellant Raymond Baca appeals the district court's affirmance of the Secretary's decision denying his application for social security disability benefits. Because we find the decision to b...

  • Cra Realty Corp v. Fremont General Corp
    5 F3d 1341
    C.R.A. Realty Corp. (C.R.A.) brought a stockholder's suit for the recovery of short-swing profits under Sec. 16(b) of the Securities Exchange Act, 15 U.S.C. Sec. 78p(b), against Fremont General Corp....

  • Williams v. Al Turner
    5 F3d 1114
    In September of 1977, Petitioner Arthur Williams was convicted on drug-related charges and sentenced to a five-year federal prison term to be followed by an eight-year term of special parole. William...

  • Goncalves v. Immigration and Naturalization Service
    6 F3d 830
    The Board of Immigration Appeals has a general procedural rule that says it "may ... reopen or reconsider any case in which it has rendered a decision." 8 C.F.R. Sec. 3.2 (1993). In a series of case...

  • Latham v. National Transportation Safety Board
    6 F3d 829
    This appeal was considered on the record from the National Transportation Safety Board and on the briefs filed by the parties and arguments of counsel. After full review of the case, the court is sat...

  • Bell Petroleum Services Inc v. Sequa Corporation
    3 F3d 889
    The Environmental Protection Agency (EPA) seeks to recover its response costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) because of a discharge of chromium...

  • First American National Bank v. Fidelity and Deposit Company Of Maryland
    5 F3d 982
    In this diversity case from Tennessee, First American National Bank appeals the declaratory judgment granted Fidelity & Deposit Company of Maryland which denied recovery under two employee fidelit...

  • United States v. Mena Robles
    4 F3d 1026
    After a jury convicted appellants Miguel Torres Rivera ("Torres Rivera") and Alfonso Mena Robles ("Mena Robles") of conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. S...

  • United States v. C Carr C
    5 F3d 986
    The defendants, James C. Carr and Carmen C. Clair, appeal following the judgments and sentences entered against them after they were found guilty by a jury on multiple bank fraud-related charges. On ...

  • Cuyahoga Valley Railway Company v. W Tracy E
    6 F3d 389
    The defendants, Ohio Tax Commissioner Roger W. Tracy and Ohio Treasurer Mary E. Withrow, appeal following the district court's April 24, 1992, order allowing two different groups of interstate railroa...

  • Robinson Brothers Drilling Inc Lowrey v. Manufacturers Hanover Leasing Corp Abb Jd Itt
    6 F3d 701
    We are called upon in this appeal to consider the unusual suggestion that, for purposes of the preferential transfer section of the Bankruptcy Code, a comparatively minor reduction in a preferred cred...

  • United States v. Alese
    6 F3d 85
    Defendant Cheryl Alese, previously convicted of fraud in violation of 18 U.S.C. Sec. 1029(a)(2) (1988) and sentenced to a three-year term of probation for that offense, appeals from a judgment of the ...

  • United States v. Favorito
    5 F3d 1338
    Michael Anthony Favorito appeals the fine imposed on him by the district court in connection with his guilty plea to three counts of unarmed bank robbery in violation of 18 U.S.C. Sec. 2113(a) (1988)....

  • United States v. Childs
    5 F3d 1328
    Defendant Craig Lee Childs appeals his conviction on four counts of possession of a stolen vehicle in violation of 18 U.S.C. Sec. 2313 and his sentence of one year incarceration and five years probati...

  • Loranger v. Stierheim Powell
    3 F3d 356
    William Loranger appeals from the district court's orders denying his motion for recusal and awarding his attorney, Michael D. Ray, approximately five percent of the attorney fees requested under 42 U...

  • Tj Smith Nephew Ltd v. Parke Davis and Company
    9 F3d 979
    This is an appeal and a cross-appeal from a judgment of the United States District Court for the District of Utah, Central Division, awarding damages to plaintiff-appellant T.J. Smith & Nephew Ltd...

  • Allen v. Purkett P S J Msp
    5 F3d 1151
    Darrel Allen, Mark Rose, and Michael Radford, inmates at the Farmington Correctional Center (FCC) in Missouri, appeal the district court's dismissal of their 42 U.S.C. Sec. 1983 complaint. We affirm....

  • Ellefson v. X Hopkins
    5 F3d 1149
    Richard James Ellefson, a Nebraska inmate, appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition. We affirm. In March 1982, a Nebraska jury found Ellefson guilty of burglary and s...

  • Kohl v. M Casson J G J Kohl
    5 F3d 1141
    David J. Kohl filed this lawsuit pursuant to 42 U.S.C. Sec. 1983 against the city of Fairbury, Nebraska; the county of Jefferson, Nebraska; various city officers in their official capacities; Jeffe...

  • Arleth v. Oil and Gas Company
    2 F3d 630
    Freeport-McMoran Oil & Gas Company appeals a final judgment of the district court awarding a class of shareholders damages for breach of contract, breach of the implied covenant of good faith and ...

  • Tellis v. S Godinez
    5 F3d 1314
    Nevada state prisoner Lester Tellis appeals pro se from a district court order granting summary judgment in favor of defendant prison officials. Tellis brought this action under 42 U.S.C. Sec. 1983, ...

  • United States v. A Parker
    5 F3d 1322
    The United States appeals the district court's refusal to sentence Randolph Parker to a fifteen-year term of imprisonment upon his conviction of possession of a firearm by a felon, 18 U.S.C. Sec. 922(...

  • United States v. Bradley
    5 F3d 1317
    Rickey Bradley and Edward L. Powell challenge their convictions for conspiring and attempting to kill a witness scheduled to testify against one of their associates in a federal criminal trial. At th...

  • Abbott v. Equity Group Inc
    2 F3d 613
    This appeal from a summary judgment turns for the most part on the reach of the federal securities laws for entities that are not the primary parties for securities violations, and on the relief vel n...

  • Carter v. Sowders
    5 F3d 975
    Claude Earn Carter appeals the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. Petitioner was convicted of possession of marijuana and trafficking in LSD. Central...

  • Fitzpatrick v. City Of Atlanta
    2 F3d 1112
    This suit was brought against the City of Atlanta ("the City") by several African-American firefighters employed by the Atlanta Department of Public Safety, Bureau of Fire Services ("the Fire Departme...

  • Hamilton v. Aetna Life and Casualty Company
    5 F3d 642
    Plaintiff pro se James G. Hamilton, who initiated in state court, and removed to federal court, this action against defendant Aetna Life and Casualty Co. ("Aetna") for wrongful discharge in violation...

  • United States v. Corgain
    5 F3d 5
    Defendant-appellant, William Corgain, was tried and convicted for the robbery of two Boston-area banks on three occasions in the Fall of 1991. He was sentenced to 210 months in prison. 18 U.S.C. Sec...

  • Intel Corporation v. Terabyte International Inc
    6 F3d 614
    Terabyte International, Inc., Jean Hsu and Kenneth Hsu (collectively referred to as "Terabyte") appeal the district court's judgment following a bench trial in Intel Corporation's ("Intel") trademark ...

  • United States v. Pynes
    5 F3d 1139
    Jeffrey Pynes appeals the 18-month sentence imposed by the district court after he pleaded guilty to unlawful escape from custody, in violation of 18 U.S.C. Sec. 751(a) (1988). We affirm. Pynes was...

  • Bloyer v. Peters Iii
    5 F3d 1093
    The petitioner, Rodger Bloyer, seeks federal habeas corpus review in a case arising out of the Illinois state courts. Mr. Bloyer contends that, in violation of his federal due process rights, he was ...

  • United States v. M Levine
    5 F3d 1100
    Not too long after the Seventh Day, two brothers, Cain and Abel, were in a field. Cain attacked Abel--and killed him. Although life today is different than it was a generation removed from Eden, som...

  • United States v. Carter
    5 F3d 1134
    Leonard Carter, Jr., appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). He argues that the district court erred by allowing the government t...

  • United States v. Hayashi
    22 F3d 859
    Opinion by Judge REINHARDT; Dissent by Judge BROWNING. Appeal from the United States District Court for the District of Hawaii, Alan C. Kay, District Judge, Presiding. The opinion and dissent fil...

  • Otey v. X Hopkins
    5 F3d 1125
    Harold Lamont Otey appeals from the district court's denial of his writ of habeas corpus. Otey has unsuccessfully challenged his capital sentence in five separate actions in both state and federal co...

  • United States v. Mkhsian
    5 F3d 1306
    Appellants Mkhsian, Meliksetian, and Sogoyan appeal their convictions for violating 21 U.S.C. Secs. 846, 841(a)(1) (conspiracy to possess cocaine with intent to distribute) and 21 U.S.C. Sec. 841(a)(1...

  • Greater New York Metropolitan Food Council v. T McGuire
    6 F3d 75
    A number of retailers in the metropolitan New York City area challenged in federal district court a state statute aimed at eliminating what the legislature viewed as price gouging on the retail sale o...

  • United States v. Medrano
    5 F3d 1214
    The government's petition for rehearing in Case No. 91-50616 is granted. The opinion filed February 16, 1993, 986 F.2d 299, is withdrawn. A new opinion is filed with this order. Hector Medrano wa...

  • Carrillo v. United States
    5 F3d 1302
    Brett A. Purtzer, Law Offices of Monte E. Hester, Inc., Tacoma, WA, for plaintiff-appellant Amy Carrillo. Mark B. Stern and Edward Himmelfarb, Appellate Staff, Civ. Div., U.S. Dept. of Justice, Wash...

  • United States v. J Kirtley
    5 F3d 1110
    When J. Michael Kirtley ("Kirtley") violated a condition of his probation, his probation officer and the United States Attorneys' Office filed separate motions to notify the district court of the viol...

  • El Balguiti v. Immigration and Naturalization Service
    5 F3d 1135
    Ahmed El Balguiti appeals from a final order of the Board of Immigration Appeals affirming an immigration judge's decision to deny him asylum and withholding of deportation under the relevant statutes...

  • Axel Johnson Inc v. Arthur Andersen and Co
    6 F3d 78
    This appeal presents a challenge to the constitutionality of Section 27A of the Securities and Exchange Act of 1934 (the "Act"), 15 U.S.C. Sec. 78aa-1, as applied to reinstate plaintiff-appellee Axel ...

  • United States v. Hayashi
    5 F3d 1278
    David Hayashi appeals his conviction of taking a marine mammal in violation of 16 U.S.C. Sec. 1372(a)(2)(A). We hold that the Marine Mammal Protection Act (MMPA) and the regulations implementing the ...

  • Cervantes v. City Of San Diego
    5 F3d 1273
    Robert R. Cervantes appeals the dismissal, under Fed.R.Civ.P. 12(b)(6) for failure to state a claim, of his First Amended Complaint. The district court concluded that the action, brought under 42 U.S...

  • Shope v. Board Of Supervisors Of Loudon County A
    14 F3d 596
    In this case we must ask whether sufficient evidence supports a jury determination that a female municipal employee resigned her position because of her supervisor's gender-motivated harassment. We h...

  • United States v. Pons
    5 F3d 543
    Appeal from the United States District Court for the Northern District of California, No. CR-88-0749-JPV; Samuel Conti, District Judge, Presiding. N.D.Cal. AFFIRMED. Before: PREGERSON, BEEZER,...

  • Aslanidis v. United States Lines Inc Aslanidis
    7 F3d 1067
    Emil Aslanidis appeals from twin October 20, 1992 judgments of the United States District Court for the Southern District of New York (Kram, J.), dismissing his claims against defendants in two relate...

  • United States v. F Warren
    6 F3d 829
    This case was considered on appeal from the United States District Court for the District of Columbia and on the briefs filed by the parties and arguments by counsel. The arguments have been accorded...

  • Shoen v. Shoen J Shoen
    5 F3d 1289
    This appeal presents the question whether an investigative author, at work on a forthcoming book, may be compelled to testify and produce notes and tape recordings of interviews he conducted with a so...

  • Antonelli v. A Lewis
    5 F3d 534
    Before: PREGERSON, BEEZER, Circuit Judges, and TAKASUGI, District Judge. MEMORANDUM William Guy Antonelli appeals from the district court's denial of his petition for writ of habeas corpus under 2...

  • United States v. Robles
    5 F3d 543
    Appeal from the United States District Court for the Eastern District of California, Robert E. Coyle, District Judge, Presiding. E.D.Cal. AFFIRMED. Before: REINHARDT and LEAVY, Circuit Judges, ...

  • Burnley v. United States
    6 F3d 788
    Plaintiff John Rodgers Burnley appeals an order of the United States Court of Federal Claims dismissing as barred by the six-year statute of limitations his complaint for damages arising out of an all...

  • Royal Insurance Company Of America v. Quinn L Capital Corporation
    3 F3d 877
    The facts of this case are set forth in Royal Ins. Co. of Am. v. Quinn-L Capital Corp., 960 F.2d 1286 (5th Cir.1992) ("Royal I "). Following remand in Royal I, the district court entered final judgm...

  • Moham v. Steego Corp
    3 F3d 873
    In this Title VII case, the only issue on appeal concerns the denial of the equal opportunity to seek employment; and that issue turns on whether a selling company can be held liable for the discrimi...

  • Central Wesleyan College v. Wr Grace and Co
    6 F3d 177
    This case presents the question of whether conditional class certification was appropriate in a suit brought against a group of asbestos producers on behalf of those colleges and universities with fri...

  • United States v. Lombardi
    5 F3d 568
    Domenic Lombardi pled guilty on August 12, 1992, to six counts of a nine-count superseding indictment, the remaining counts being dismissed at the government's behest. The nature and interrelationshi...

  • Pickens v. Al Lockhart Adc
    4 F3d 1446
    Petitioner Edward Charles Pickens appeals from a final judgment entered in the United States District Court for the Eastern District of Arkansas denying his second petition of writ of habeas corpus. ...

  • Bannister v. Armontrout
    4 F3d 1434
    Alan Bannister was convicted of capital murder and sentenced to death for the murder of Darrell Reustman. His conviction and sentence were affirmed on direct appeal. State v. Bannister, 680 S.W.2d 1...

  • Odom v. M Frank
    3 F3d 839
    In this appeal of an employment discrimination, disparate treatment case, Defendant-Appellant Anthony M. Frank, the Postmaster General (the Service), asserts that the district court erroneously found ...

  • Bedoya Valencia v. Immigration and Naturalization Service
    6 F3d 891
    Petitioner Luis Alberto Bedoya-Valencia petitions for review of an order of the Board of Immigration Appeals ("BIA") dated October 30, 1992 that dismissed his appeal from a deportation order issued Ju...

  • Torres v. Brown
    9 F3d 979
    The Secretary of Veterans Affairs moves to waive Fed.Cir.R. 27(e) and to dismiss Rigoberto Morales Torres' appeal for lack of jurisdiction. Torres has not filed a response. Torres seeks review of a...

  • Crawford v. State Of Maryland
    4 F3d 984
    Carrie and Joe Crawford appeal from the orders of the district court dismissing without prejudice their petition for removal, pursuant to 28 U.S.C. Sec. 1443(1) (1988), and denying their motion for pr...

  • McGregor v. Louisiana State University Board Of Supervisors
    3 F3d 850
    Theodor A. Schirmer, Malibu, CA, for plaintiff-appellant. Nancy C. Dougherty, W. Luther Wilson, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, defendants-appellees. Appeal from the United...

  • School v. Inc
    5 F3d 1255
    These consolidated appeals arise from complaints filed by School District 1J, Multnomah County, Oregon (the "School District"). The School District sought to recover the cost of removing asbestos-con...

  • United States v. Johns
    5 F3d 1267
    Raymond Joseph Johns, Jr., was indicted for and pled guilty to armed bank robbery. 18 U.S.C. Sec. 2113(a) & (d). At sentencing the district judge determined that an amendment to the Sentencing G...

  • Satsky v. Paramount Communications Inc
    7 F3d 1464
    Plaintiffs brought this diversity action against Paramount Communications, Inc. (Paramount) alleging a variety of private property claims. They contend that Paramount's operation of a mine produced...

  • Moody v. Jefferson Parish School Board
    2 F3d 604
    Plaintiff-Appellant Geraldine Moody appeals the district court's grant of summary judgment dismissing her claims under 42 U.S.C. Sec. 1983. She alleges that her dismissal by her employer, Defendant-A...

  • Alexandria Associates Ltd v. Mitchell Company
    2 F3d 598
    We are called upon once again to delineate the boundaries of the D'Oench, Duhme doctrine. Plaintiffs-Appellants, Alexandria Associates, Ltd., a limited partnership, and Anthony J. LaSala, one of its ...

  • Anderson v. American Airlines Inc
    2 F3d 590
    The question presented in this appeal is whether the Railway Labor Act or the Federal Aviation Act "completely pre-empts", and thus confers federal jurisdiction over, Thomas Anderson's state law claim...

  • Ownbey v. E Shalala
    5 F3d 342
    David Ownbey appeals from the judgment of the district court upholding the Secretary's denial of social security disability insurance benefits. We affirm. In April 1989, Ownbey applied for benefits...

  • Justice v. Metropolitan Government Of Nashville Davidson County Tennessee
    4 F3d 1387
    Plaintiffs-Appellants ("Plaintiffs") appeal summary judgment for Defendant-Appellee Metropolitan Government of Nashville, Davidson County, Tennessee ("Metro") in this action for overtime wages. For t...

  • United States v. Burroughs
    5 F3d 192
    This appeal challenges the district court's use of a prior uncounseled misdemeanor conviction for which the defendant was not incarcerated to increase the defendant's criminal history category by one ...

  • Oglesby v. Southern Pacific Transportation Company
    6 F3d 603
    Defendant, Southern Pacific appeals the district court judgment entered against it after a jury verdict in favor of plaintiff, Charles Oglesby. We reverse and remand for a new trial. Oglesby, a loc...

  • United States v. H Allen
    5 F3d 345
    Albert Harold Allen appeals his sentence of 168 months imposed by the district court after Allen pleaded guilty to one count of conspiring to distribute and to possess with intent to distribute in exc...

  • Mendoza v. Leapley W
    5 F3d 341
    Gilbert Mendoza, a South Dakota inmate, appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition. We affirm. In April 1990, a South Dakota grand jury charged Mendoza with two counts ...

  • Turner v. Department Of Veterans Affairs
    6 F3d 788
    Katherine L. Turner petitions for review of the final decision of the Merit Systems Protection Board (Board), docket number PH344920605I1, dismissing her appeal of the Department of Veterans Affairs (...

  • United States v. Powell
    6 F3d 611
    * OVERVIEW John Robert Powell (Powell) appeals the sentence imposed as a result of his guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g). He contends that...

  • United States v. C Koon
    6 F3d 561
    The panel has voted to deny appellants' petitions for rehearing and to reject the suggestions for rehearing en banc. The full court was advised of the suggestions for rehearing en banc. An active j...

  • United States v. Susskind
    4 F3d 1400
    These appeals were heard initially by a three-judge panel that vacated the defendants' criminal convictions and ordered a new trial on the basis of a perceived violation of the Jencks Act, 18 U.S.C. S...

  • Harrison v. J Hickel
    6 F3d 1347
    Alaska Natives David P. Harrison and other owners of Native Allotment No. 053702 ("Harrisons") appeal from the judgment dismissing their action against the State of Alaska, its Governor, certain state...

  • Kissinger v. Board Of Trustees Of Ohio State University College Veterinary Medicine
    5 F3d 177
    Jennifer Kissinger appeals the district court's refusal to award attorneys' fees under 42 U.S.C. Sec. 1988. She sued Ohio State University to force a change in its veterinary-medicine curriculum, but...

  • Louisiana Pacific Corporation v. Asarco Incorporated
    6 F3d 1332
    This suit arises from the pollution of several sites near the Port of Tacoma ("the Port") by heavy metal contaminants leached from a slag and woodwaste mixture. ASARCO, Inc. ("ASARCO") produced the ...

  • Casey v. A Lewis
    4 F3d 1516
    The Arizona Department of Corrections appeals an order granting partial summary judgment in favor of a certified plaintiff class of Arizona state prisoners and enjoining the Department from (a) prohib...

  • United States v. P Kopshever
    6 F3d 1218
    Norman R. Smith, Asst. U.S. Atty., Crim. Div., Fairview Heights, IL (argued), for plaintiff-appellee. Phillip J. Kavanaugh, Office of the Federal Public Defender, East St. Louis, IL, for defendant-...

  • United States v. D Richards
    5 F3d 1369
    The United States appeals the grant of Larry D. Richards' motion to correct his sentence pursuant to 28 U.S.C. Sec. 2255. The government argues on appeal that Richards' motion was procedurally barred...

  • United States v. Flores Flores
    5 F3d 1365
    Jesus Flores-Flores pled guilty to illegal reentry of a deported alien after a previous felony conviction, in violation of 8 U.S.C. Sec. 1326(a). His sentence calculation included a two-point increas...

  • United States v. Aldana Ortiz
    6 F3d 601
    Melecio Aldana-Ortiz appeals his 33-month sentence following a conditional guilty plea to importation of marijuana in violation of 21 U.S.C. Secs. 952, 960. Pursuant to Anders v. California, 386 U.S...

  • Devier v. Zant Devier
    3 F3d 1445
    Petitioner Darrell Gene Devier, Sr. brought a petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254 seeking collateral relief from his convictions and sentence of death in Georgia state court...

  • United States v. Beverly
    5 F3d 633
    John J. Doherty, Cohoes, NY, for defendant-appellant White. Lee D. Greenstein, Albany, NY, for defendant-appellant Foster. Bernard J. Malone, Albany, NY, Asst. U.S. Atty. for the N.D.N.Y. (Gary L...

  • Jones v. W Shalala Md
    5 F3d 447
    Plaintiffs are a class of Supplemental Security Income ("SSI") recipients. Each member of the class received nonrecurring (one-time) income during the first month of SSI eligibility. Under a policy ...

  • United States v. D Wood
    6 F3d 692
    The government appeals the district court's dismissal of the indictment against defendant Paul D. Wood for failure to state a punishable offense. We have jurisdiction pursuant to 18 U.S.C. Sec. 3731....

  • Monetary Group Securities Groups v. D Barnett W
    2 F3d 1098
    Charles D. Barnett and Randall W. Atkins were partners in related partnerships that sought Chapter 11 bankruptcy protection. A court-appointed administrator initiated adversary proceedings against Ba...

  • United States v. Malgoza
    2 F3d 1107
    Michael Norman Malgoza and Tomas Monte were convicted of distributing cocaine, in violation of 21 U.S.C. Sec. 959(a)(1), and conspiring to import cocaine, in violation of 21 U.S.C. Sec. 952(a). On ap...

  • United States v. Hayes
    5 F3d 292
    Because Daniel D. Hayes ("Hayes") provided substantial assistance to the government, the district court reduced his sentence of imprisonment from the statutory mandatory minimum of 60 months to 47 mon...

  • Ross Ross v. City Of Waukegan
    5 F3d 1084
    This is an appeal from the district court's denial of the City of Waukegan's request for sanctions against Ollie Belle Ross, under Federal Rule of Civil Procedure 11, pursuant to 28 U.S.C. Sec. 1927 (...

  • Du Bois v. Office Of Personnel Management
    6 F3d 788
    Petitioner Ralph M. DuBois appeals a decision of the Merit Systems Protection Board (Board) that affirmed a decision of the Office of Personnel Management (OPM), which held that Nancy L. DuBois, the d...

  • United States v. W Charroux J
    3 F3d 827
    Defendants, Roy W. Charroux and Harry J. James ("Charroux and James" or "defendants"), were convicted of conspiracy, attempted tax evasion, and signing a false tax return. They now appeal their convi...

  • United States v. Liquori
    5 F3d 435
    Ronald Liquori Sr. ("Liquori") was convicted of conspiracy to manufacture and possess methamphetamine with intent to distribute and of manufacture and attempted manufacture of methamphetamine in viol...

  • People State Of California v. Federal Communications Commission
    4 F3d 1505
    Frank W. Krogh, MCI Telecommunications Corp., Washington, DC, for petitioners MCI. John E. Ingle, F.C.C., Washington, DC, for respondent FCC. Michael K. Kellogg, Mayer, Brown & Platt, Washingt...

  • United States v. Van Den Berg
    5 F3d 439
    Having entered a conditional plea of guilty to violating the Anti-Apartheid Act, Pieter van den Berg appeals the denial of his motion to dismiss the prosecution on the ground of abatement. Because we...

  • United States v. Flores L Flores
    5 F3d 1070
    Feilberto Flores, Angel L. Fontanez, and Amador Rodriguez ("defendants") are three forcibly retired entrepreneurs. Like many successful entrepreneurs, they ran a well-organized commercial enterprise ...

  • United States v. Salazar
    5 F3d 445
    This is another sentencing appeal. John Salazar, while an inspector at a port of entry from Mexico, allowed vans containing 1,615 kilograms of cocaine to pass through his inspection lane. He argues ...

  • Louisiana Pacific Corporation v. Asarco Inc
    5 F3d 431
    In this appeal we hold that the statute of limitations of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") does not preempt a Washington statute which prescribes the...

  • Central Distributors Of Beer Inc v. Conn
    5 F3d 181
    Central Distributors of Beer, Inc. filed this action against Donald Conn, Gloria Conn, John Nate Beverage, Inc., and John Nate, Jr. for violation of Central Distributors' exclusive beer distribution r...

  • Dohner v. Wh Seifert
    5 F3d 535
    MEMORANDUM Pro se petitioner Alan R. Dohner appeals the dismissal of his habeas corpus petition. Dohner filed a habeas petition alleging that in-cell plumbing problems at the Metropolitan Detention ...

  • United States v. Dortch
    5 F3d 1056
    In this case, three defendants raise separate challenges to their convictions for drug conspiracy. We find all of the defendants' arguments meritless and affirm each of their convictions. On June 2...

  • Preze v. Board Of Trustees Pipefitters Welfare Fund Local
    5 F3d 272
    Raymond Preze has sued the Board of Trustees of the Pipefitters Welfare Fund, Local 597 (the "Fund") to recover past and future medical expenses stemming from injuries his daughter Kristen sustained w...

  • United States v. Hernandez
    5 F3d 628
    This is an appeal from a judgment of conviction entered on June 8, 1992, after a jury trial, in the United States District Court for the Eastern District of New York, Dearie, J., convicting Noel Herna...

  • United States v. Pitera
    5 F3d 624
    This appeal primarily challenges the appropriateness of a District Judge's participation in a narcotics trial shortly after delivering a speech to a group of drug enforcement officials. Thomas Pitera...

  • Huber v. Borg
    5 F3d 537
    (West 1991). Therefore, the Court of Appeal considered whether the trial court abused its discretion in refusing to sever the crime sets. The Court noted that [t]he initial step in any review of a...

  • United States v. Sauerwein
    5 F3d 275
    After pleading guilty to threatening the President of the United States in violation of 18 U.S.C. Sec. 871, Donald Sauerwein was sentenced to twenty-seven months in prison and three years of supervise...

  • Southeastern Oakland County Resource Recovery Authority v. City Of Madison Heights
    5 F3d 166
    In this preemption case, defendant City of Madison Heights, Michigan (Madison Heights) challenges the district court's grant of summary judgment in favor of plaintiff Southeastern Oakland County Resou...

  • Frank v. Dambrosi Dambrosi
    4 F3d 1378
    Robert A. Frank appeals from the dismissal of his RICO suit against his former business partner, Bernard D'Ambrosi, and others. Frank also appeals from the dismissal, in another action, of his cross-...

  • Lobherr Lobherr v. W Mobarry L G D
    5 F3d 537
    MEMORANDUM The district court correctly affirmed the bankruptcy court's grant of summary judgment in favor of creditors-appellees, the Mobarrys. The bankruptcy court determined that the debt arising...

  • Pioneer Lumber Treating Inc v. Cox Dc Pioneer Lumber Treating Inc R Thomason
    5 F3d 539
    Accordingly, the trial court's imposition of sanctions was not an abuse of discretion. 3. Amount of Sanctions. Thomason argues that the district court's adoption of the Magistrate's recommendation...

  • United States v. Fulton Fulton
    5 F3d 605
    On December 14, 1990, following a jury trial, judgment was entered in the United States District Court for the Eastern District of New York, (Sifton, J.), convicting Fulton of conspiring to possess wi...

  • United States v. Agwu
    5 F3d 614
    Defendant Frank Emeka appeals from a judgment of conviction entered on March 19, 1993, in the United States District Court for the Eastern District of New York (Reena Raggi, Judge ), following a guilt...

  • Gamble v. Eau Claire County
    5 F3d 285
    This appeal brings before us once again the vexing question of the applicability of the doctrine of "substantive due process" to land condemnations. The plaintiff wanted to use her land for a conveni...

  • United States v. Kaplansky
    5 F3d 171
    Defendant Kaplansky appeals his conviction by guilty plea and sentence for violation of the Armed Career Criminal Act, 18 U.S.C. Sec. 922(g)(1). Pursuant to the penalty enhancement provisions of 18 U...

  • Watts v. United States
    5 F3d 544
    MEMORANDUM Appellant Susan Watts appeals from the district court's order denying her motion for attorneys' fees and costs in her action against the Immigration and Naturalization Service ("INS"). Wa...

  • Moskowitz v. Trustees Of Purdue University
    5 F3d 279
    The plaintiff, Merwin Moskowitz, a tenured professor of biology at Purdue University, was forced to retire in 1991 upon reaching the age of seventy, the age at which the Age Discrimination in Employme...

  • City Of Detroit v. H Franklin E
    4 F3d 1367
    Plaintiffs-Appellants City of Detroit and its mayor, Coleman A. Young, appeal the District Court's grant of summary judgment in favor of defendants, Director of the United States Bureau of the Census ...

  • Richardson v. Selsky
    5 F3d 616
    Kevin Richardson appeals from a judgment of the United States District Court for the Southern District of New York (Vincent L. Broderick, Judge), entered in his suit brought pursuant to 42 U.S.C. Sec....

  • United States v. Navarro Leon
    5 F3d 542
    Nor did the court violate Navarro-Leon's Sixth Amendment right to a jury trial for his contempt conviction: He received only a six-month concurrent sentence, see United States v. Rylander, 714 F.2d 9...

  • Harber v. Altec Industries Inc
    5 F3d 339
    Bill Loyd Harber bought a used utility truck with an aerial lift bucket from Altec Industries, Inc., a used goods dealer. Altec sold the truck to Harber "as is" and disclaimed all warranties in the s...

  • Parkway Garage Inc 92 1828 v. City Of Philadelphia
    5 F3d 685
    The primary issue raised by this appeal is what quantity of evidence suffices to prove personal knowledge and improper motive on the part of the principal official of a municipality, under 42 U.S.C.A....

  • United States v. Tyler
    5 F3d 543
    MEMORANDUM Defendant Tyler was convicted on sixteen counts of mail fraud in violation of 18 U.S.C. Sec. 1341, involving the purchase and operation of car washes through Syndicorp, Inc. Defendant pri...

  • United States v. M Rivera
    6 F3d 431
    This drug conspiracy case raises two distinctive issues, among others, for our review: (1) whether the district court abused its discretion by refusing to order the government to disclose one defenda...

  • Kingsley v. United States
    14 F3d 44
    Petitioner Michael Kingsley challenges the legality of special parole terms imposed as part of his sentence for multiple drug violations. He argues that, because such sanctions were abolished between...

  • Chemical Distributors Inc v. Exxon Corporation
    1 F3d 1478
    Exxon Corporation appeals a final judgment of the district court awarding Chemical Distributors, Inc. ("CDI") damages, attorneys' fees and court costs for breach of contract and violations of the Lou...

  • United States v. Zuleta
    14 F3d 45
    Appellant Nerio Zuleta pleaded guilty to two counts of an indictment charging him with possession with intent to distribute 500 grams or more of cocaine and conspiracy to possess with intent to distri...

  • United States v. A Adams
    1 F3d 1566
    This is an appeal by five defendants who were convicted and sentenced on four counts of importing and distributing large quantities of marijuana. The defendants appeal various aspects of their trial ...

  • American Totalisator Company Inc v. Fair Grounds Corp
    3 F3d 810
    Fair Grounds owns and operates the Fair Grounds Racetrack in New Orleans, Louisiana. It is licensed to conduct pari-mutuel wagering on thoroughbred horse races and to operate off-track betting parlor...

  • Gordon v. E Nagle
    2 F3d 385
    This is a habeas corpus case brought by an Alabama prisoner. The case has a lengthy history. Gordon attacks the validity of sentences imposed on him in 1986 under Alabama's Habitual Offender Statute...

  • Stone United States v. Stone and K and L Cr
    6 F3d 581
    The United States appeals from the Bankruptcy Appellate Panel's decision affirming the bankruptcy court's summary judgment order in favor of the State of Alaska ("State"), Fairbanks North Star Borough...

  • Brewer v. B Wilkinson
    3 F3d 816
    Texas Department of Criminal Justice inmates Van Lee Brewer and Claude Harris brought this Sec. 1983 civil rights action against the mail-room supervisor and a mail-room clerk at TDCJ's Price Daniel U...

  • Dyszel v. Marks
    6 F3d 116
    Steven C. Gillman (Argued), Philadelphia, PA, for appellant Michele Dyszel. Robert Lipshutz (Argued), Liss & Tintensass, P.C., Philadelphia, PA, for appellant Daniel Tumolo. Francis X. Ryan (A...

  • Balderas Nieto v. Immigration and Naturalization Service
    5 F3d 534
    MEMORANDUM A. As the government concedes, the INS granted Maria Baca de Balderas lawful permanent resident status on February 24, 1989. We therefore dismiss as moot her petition to suspend deportati...

  • Morton International Inc v. Cardinal Chemical Company Wm Wm Iii
    5 F3d 1464
    This case is before us on remand from a decision of the United States Supreme Court vacating our judgment in Morton International, Inc. v. Cardinal Chemical Co., 959 F.2d 948, 22 USPQ2d 1231 (Fed.Cir...

  • Johnson v. T Stephan
    6 F3d 691
    Walter Johnson, an inmate at Lansing Correctional Facility, Lansing, Kansas, brought this action pro se alleging that defendants were deliberately indifferent to his medical needs in violation of his ...

  • United States v. Roberts
    3 F3d 826
    On November 14, 1991, Mark Steven Roberts and Keith Vernon Hoster, working together, bought 16 ounces of amphetamine and 110 pounds of phenylacetic acid, a listed precursor chemical of amphetamine, fr...

  • United States v. Freeman
    6 F3d 586
    Appellants Netters and Freeman were indicted as a result of an FBI sting operation aimed at identifying corruption in the California state legislature. Netters was convicted of one count of violating...

  • Federal Deposit Insurance Corporation v. H Brants
    2 F3d 147
    Defendants, H. Clayton Brants, Jr. and O.L. Pitts ("Brants and Pitts" or "defendants"), executed separate notes in favor of the Federal Deposit Insurance Corporation's ("FDIC") predecessor in interest...

  • Long Island Lighting Company v. Imo Industries Inc
    6 F3d 876
    Plaintiff-appellant-cross-appellee Long Island Lighting Co. ("LILCO") appeals from a final judgment entered July 22, 1992 in the United States District Court for the Southern District of New York, Ri...

  • Motley v. A Collins
    3 F3d 781
    Jeffrey Dean Motley, a Texas death row inmate convicted of capital murder, appeals from the district court's decision denying his petition for a writ of habeas corpus. For the reasons discussed below...

  • Austin v. Healey
    5 F3d 598
    Petitioner Michael Austin appeals from a judgment entered in the United States District Court for the Eastern District of New York (Edward R. Korman, J.) denying his petition for a writ of habeas corp...

  • United States v. Schoenborn
    4 F3d 1424
    Sheldon Schoenborn, a prisoner at the Federal Correctional Institution in Oxford, Wisconsin, was convicted of one count of assault with a dangerous weapon, with intent to do bodily harm, in violation ...

  • United States v. O
    6 F3d 1201
    Kevin DePriest and Steve Morrell were convicted of conspiring to possess with the intent to distribute and of conspiring to distribute a quantity greater than one kilogram of methamphetamine, a Schedu...

  • Federal Insurance Company v. Pueblo International Insurance
    5 F3d 428
    This case involves a claim for attorney fees by an indemnitee against an indemnitor under California Code of Civil Procedure Sec. 1021.6. American Savings Bank paid out cash on a check bearing a for...

  • West West v. United States Worthen Worthen
    5 F3d 423
    Chapter 13 debtors Beverly West and Robert Worthen appeal the district court's reversal of bankruptcy court orders denying priority to tax claims of the Internal Revenue Service. The district court h...

  • Weisman Robertson v. Peters
    5 F3d 417
    We are faced with the question whether under California law a husband's occupation of his family residence with his second wife can create a duty in a bona fide purchaser for value or a bankruptcy tru...

  • United States v. Bryant
    5 F3d 474
    Defendant Marion Bryant appeals his conviction for distribution of a controlled substance, 21 U.S.C. Secs. 841(a), 845, claiming (1) the district court erred in concluding that there was insufficient ...

  • Tanner Us v. Ingalls Shipbuilding Inc Lee Us
    2 F3d 143
    Lisa L. Lahrman, Clerk, BRB, Washington, DC, for other interested parties. Petitions for Review of an Order of the Benefits Review Board. Before WIENER, EMILIO M. GARZA, Circuit Judges, and LITTLE...

  • Sherrin v. Northwestern National Life Insurance Company
    2 F3d 373
    Defendant-Appellant, Northwestern National Life Insurance Company ["Northwestern"], appeals from the entry of a judgment following a jury verdict for $50,000 in compensatory damages and $150,000 in pu...

  • Schlesinger v. W Herzog H Schlesinger
    2 F3d 135
    Henry L. Klein, New Orleans, LA, for Lee H. Schlesinger. A. Remy Fransen, Jr., New Orleans, LA, for Lisa S. Herman. John Robert Martzell, Martzell, Thomas & Bickford, New Orleans, LA, for Herz...

  • United States v. Chavez Villarreal
    3 F3d 124
    Convicted of possession with intent to distribute marihuana and an associated firearms offense, Jose Hipolito Chavez-Villarreal appeals denial of his motion to suppress. Finding that the inculpatory ...

  • United States v. Gonzalez
    2 F3d 369
    In this appeal, the United States challenges the district court's interpretation of section 2X3.1 of the United States Sentencing Guidelines (U.S.S.G.). For the reasons that follow, we find that the ...

  • Resolution v. Midwest
    4 F3d 1490
    * This case involves two separate appeals. In No. 91-56300, the Resolution Trust Corporation, as receiver for Midwest Federal Savings Bank of Minot, appeals the district court's reformation of a loan...

  • Resolution v. Midwest
    36 F3d 785
    * This case involves two separate appeals. In No. 91-56300, the Resolution Trust Corporation, as receiver for Midwest Federal Savings Bank of Minot, appeals the district court's reformation of a loan...

  • United States v. Villagrana
    5 F3d 1048
    Ricardo Villagrana and Jose Gasca were convicted of various offenses stemming from their involvement in a cocaine conspiracy. On appeal, Gasca challenges the sufficiency of the evidence supporting hi...

  • Ucc v. Fullop E Jones D
    6 F3d 422
    "[O]il and gas financing is a strange world of its own." Woodward v. Wright, 266 F.2d 108, 115 (10th Cir.1959). In attempting to convert dreams of black gold to hard cash, aspiring capitalists split...

  • McDonnell v. United States 91 5916
    4 F3d 1227
    Appellants and cross-appellees Robert J. McDonnell and Frederick N. Rasmussen (collectively "Plaintiffs") filed this action in the United States District Court for the District of New Jersey against a...

  • National Treasury Employees Union v. United States G Crane
    3 F3d 1555
    The Suggestion for Rehearing En Banc of the United States and the response thereto have been circulated to the full Court. The taking of a vote was requested. Thereafter, a majority of the judges of...

  • Davis v. Mutual Life Insurance Company Of New York S
    6 F3d 367
    Two life insurance companies--The Mutual Life Insurance Company of New York ("MONY") and Trans World Assurance Company ("TWA")--appeal from a jury verdict finding each liable for common law fraud, bre...

  • Williams Natural Gas Company v. Federal Energy Regulatory Commission and
    3 F3d 1544
    Charles V. Garcia, Albuquerque, NM, and Frank A. Caro, Jr., Kansas City, MO, entered appearances for intervenor State Corporation Commission of the State of Kansas in No. 90-1545. Jeffrey A. Keevil,...

  • Nomi v. Regents For University Of Minnesota R M B A H C J R K M D J J L
    5 F3d 332
    Brian Nomi appeals the district court's entry of summary judgment for the Regents of the University of Minnesota on Nomi's 42 U.S.C. Sec. 1983 (1988) claim alleging violation of the freedom of speech,...

  • Selch v. W Letts A D
    5 F3d 1040
    For some, the mention of the phrase "political patronage" may conjure up distasteful and unpleasant thoughts of party faithful being rewarded for an election victory with the "spoils" of government jo...

  • United States v. Chu
    5 F3d 1244
    Kong Yin Chu (a.k.a. Chu Kong Yin) appeals his conviction for making a material false statement under oath on an immigration application in violation of 18 U.S.C. Sec. 1546. We affirm. On November ...

  • Securities and Exchange v. Hayes
    5 F3d 1494
    Appeal From: N.D.Tex. AFFIRMED. ...

  • United States v. Gordon
    4 F3d 1567
    Defendant Harry Jarmar Gordon was indicted on sixteen counts of aiding and abetting the distribution of a controlled substance, 21 U.S.C. Sec. 841(a)(1), (b)(1)(C); 18 U.S.C. Sec. 2, and one count of...

  • Stewart v. McGinnis
    5 F3d 1031
    Charles Stewart is a prisoner in the Illinois Department of Corrections system ("IDOC"). From 1988 to July 1991, he was incarcerated at Stateville Correctional Center ("Stateville") in G Unit. From ...

  • United States v. Gaulteau
    4 F3d 1003
    Appellant Gregory Gaulteau appeals from a judgment of conviction for possession with intent to distribute 5 grams or more of a substance containing cocaine base, in violation of 21 U.S.C. Secs. 841(a)...

  • Bagley v. Rogerson
    5 F3d 325
    Iowa prison officials Russell Rogerson and Patsy Bozarth appeal from an order of the District Court denying their motion for summary judgment on their defense of qualified immunity. We reverse. We t...

  • United States v. L Goff
    6 F3d 363
    The government appeals Denny Goff's sentence after a conviction for drug trafficking and illegal possession of firearms. Goff cross-appeals the district court's denial of his motion to suppress evide...

  • Herbys Foods Inc Summit Coffee Company v. Herbys Foods Inc
    2 F3d 128
    We review the propriety of a bankruptcy court's equitable subordination of certain creditors' claims to a level equivalent to that of equity stockholders. Finding no infirmity in the bankruptcy court...

  • Wilks v. Reyes
    5 F3d 412
    The opinion filed September 20, 1993, is hereby amended as follows: With these amendments, Appellant's Petition for Rehearing filed September 27, 1993, is DENIED and Appellee's Motion to Correct the ...

  • United States v. Bentley Smith M
    2 F3d 1368
    Following a jury trial, Ken Elledge and Thomas Bentley-Smith were convicted of conspiring to illegally transport hazardous waste and illegally transporting hazardous materials. Bentley-Smith was also...

  • Chandler v. City Of Dallas
    2 F3d 1385
    * FACTS AND PROCEEDINGS In 1978, the City of Dallas, Texas (Dallas or the City) adopted a Driver Safety Program (the Program) to reduce the risk of vehicular collisions. The Program established cert...

  • United States v. McLemore
    5 F3d 331
    Roy McLemore, Jr., appeals the twelve-month sentence imposed on him by the district court after he pleaded guilty to escape from custody, a violation of 18 U.S.C. Sec. 751(a). He argues the court err...

  • United States v. Northrop Corporation
    5 F3d 407
    The question is whether the district court has jurisdiction under the False Claims Act (the Act), 31 U.S.C. Sec. 3729 et seq., over claims a qui tam plaintiff added to his complaint by amendment based...

  • United States v. Mainard
    5 F3d 404
    Jerry Don Mainard appeals his sentence under the Sentencing Guidelines for conspiracy and aiding and abetting the attempt to manufacture methamphetamine, in violation of 21 U.S.C. Secs. 841(a)(1) &...

  • United States v. C Bender
    5 F3d 267
    During a valid search of a townhouse, the police caught Tommie C. Bender hiding about one ounce of cocaine base, otherwise known as crack cocaine, down a basement sewer drain pipe. The government cha...

  • Steering Committee v. United States
    6 F3d 572
    The United States appeals the district court's apportionment of liability among the parties involved in a 1986 midair collision between an Aeromexico jetliner and a single-engine Piper aircraft over C...

  • United States Okonite Co v. American Home Assurance Company M J K
    5 F3d 544
    MEMORANDUM Kingston Constructors, Inc. appeals the district court's summary judgment that Okonite Company's sale of a submarine power-transmission cable to Kingston was a taxable transaction under CA...

  • Hughes v. Conticarriers and Terminals Inc
    6 F3d 1195
    River towboats push rather than tow their cargo. M/V CONTI-KARLA, built in 1980, was designed to push fleets of 15 or more barges on the Mississippi. Maneuvering a chain of barges, with power from f...

  • Coughlen v. Coots
    5 F3d 970
    Plaintiff, Gardner C. Coughlen, appeals the district court's order granting summary judgment to defendants in this Sec. 1983 action. Plaintiff alleges that defendants, police officers Jim Coots, Mark...

  • United States v. Honaker
    5 F3d 160
    Daniel A. Clancy, U.S. Atty., Amy E. Spain, Asst. U.S. Atty., Office of U.S. Atty., Memphis, TN, John F. De Pue (briefed), Washington, DC, for plaintiff-appellant. Lawrence Kern, Memphis, TN (briefe...

  • United States v. Britt
    14 F3d 597
    Michael Antonia Britt appeals the district court's determination that he should be committed to the custody of the Attorney General for care and treatment pursuant to 18 U.S.C. Sec. 4243(e) (1988). B...

  • United States v. Brooke
    4 F3d 1480
    Susan Brooke appeals her conviction on charges of conspiracy, manufacture of a destructive device (26 U.S.C. Sec. 5861(f)), possession of a destructive device (26 U.S.C. Sec. 5861(d)), and malicious d...

  • Transtech Industries Inc v. A and Z Septic Clean
    5 F3d 51
    In this case brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the district court rejected appellants' contention that, having entered into a settlement...

  • United States v. Ricks
    5 F3d 48
    Michael Ricks appeals his sentence as a career offender, alleging that the district court committed legal error when it utilized his 1986 guilty plea to a state offense of burglary for which he receiv...

  • Hinton v. Pacific Enterprises R
    5 F3d 391
    Plaintiff-appellant Hinton was a paralegal employed by defendant-appellee Pacific Enterprises ("Pacific"). On January 6, 1988, Hinton became disabled and on January 15, 1988, she was informed by her ...

  • Investment Bankers Inc Turner v. Davis Gillenwater and Lynch
    4 F3d 1556
    The appellee/trustee, James H. Turner, was appointed as the trustee for the debtor, Investment Bankers, Inc. ("IBI"), pursuant to a liquidation proceeding commenced under the Securities Investor Prot...

  • Grand Jury Proceedings Scarce v. United States
    5 F3d 397
    James Richard Scarce, a Ph.D. student at the Washington State University, refused to answer certain questions propounded to him by a federal grand jury on the ground that he was entitled to a "scholar...

  • Ingram v. W Murray
    14 F3d 594
    Wayne M. Ingram seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion discloses that this app...

  • Wilderness Society v. Babbitt Us
    5 F3d 383
    Appellants (collectively "the Wilderness Society") appeal the denial of their application for attorneys' fees pursuant to the Equal Access to Justice Act ("the EAJA"). 28 U.S.C. Sec. 2412(d)(1)(A). ...

  • Orion Pictures Corporation Orion Pictures Corporation v. Showtime Networks Inc
    4 F3d 1095
    Defendant-Appellant Showtime Networks Inc. ("Showtime") appeals from a judgment of the United States District Court for the Southern District of New York (John S. Martin, Jr., Judge ), affirming orde...

  • Lansford Coaldale Joint Water Authority 92 7605 v. Tonolli Corporation
    4 F3d 1209
    The plaintiff, the Lansford-Coaldale Joint Water Authority ("Authority"), provides public water in Carbon County, Pennsylvania. The Authority's groundwater production and supply wells are adjacent to...

  • Cannon v. Macon County
    1 F3d 1558
    In this Sec. 1983 action where an arrest and incarceration resulted from misidentification, we affirm the district court's dismissal of defendant Macon County, but reverse the judgment notwithstanding...

  • Schirmer v. W Edwards
    2 F3d 117
    Appellants appeal the district court's adverse judgment, which denied their constitutional challenge to Louisiana's campaign-free zone codified at LSA-R.S. 18:1462. Persuaded that Louisiana has a com...

  • United States v. McLamb
    5 F3d 69
    In 1989, the United States filed a civil action pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Sec. 9601 et seq., to reco...

  • Lockhart v. United Mine Workers Of America Pension Trust R H D A
    5 F3d 74
    Clarence Lockhart applied to the United Mine Workers of America 1974 Pension Trust for a disability pension, claiming that he was totally disabled "as a result of a mine accident." UMWA 1974 Pension...

  • Churchill v. Fv Fjord
    5 F3d 374
    Carlissa Churchill, personal administrator of the estate of Patrick Churchill, and Dale Carlough ("Claimants") appeal from the order granting exoneration of the limitation bond posted by vessel owner ...

  • Alaska Cargo Transport Inc v. Alaska Railroad Corporation
    5 F3d 378
    Appellant Alaska Cargo Transport, Inc. ("Alaska Cargo") appeals the district court's dismissal of its complaint with prejudice as to federal claims and without prejudice as to state claims. The cour...

  • Standley v. Chilhowee R Iv School District L R Iv R Iv
    5 F3d 319
    Appellants Hettie Standley, Jana Klein, Marilyn Schoppenhorst, Dara Keily, and Ruthann Burgess, who received verdicts in their favor from the trial jury, appeal from several of the post-trial rulings ...

  • Miscavige v. Internal Revenue Service
    2 F3d 366
    David Miscavige sued the Internal Revenue Service ("IRS") to enjoin them from withholding records concerning himself that he had sought under the Freedom of Information Act ("FOIA"), 5 U.S.C. Sec. 552...

  • Air Line Pilots Association v. Federal Aviation Administration
    3 F3d 449
    The "Employment Protection Program" of the Airline Deregulation Act ("ADA" or "Act"), 49 U.S.C.App. Sec. 1552, authorizes the Secretary of Labor to provide limited unemployment compensation to certain...

  • Evergreen Marine Corporation v. Six Consignments Of Frozen Scallops
    4 F3d 90
    Appellant Evergreen Marine Corporation, an ocean carrier, was fraudulently induced to discharge six consignments of frozen scallops, valued at $1.2 million, to Gloucester Corporation, without taking u...

  • Mapother v. Department Of Justice
    3 F3d 1533
    The Department of Justice appeals a district court ruling ordering it to disclose the "Waldheim Report" and source documents and other materials relied on in its preparation. The Report is a 204-page...

  • Capital Network System Inc Nycom v. Federal Communications Commission
    3 F3d 1526
    Robert B. McKenna, Denver, CO, entered an appearance for intervenor US WEST Communications, Inc. Andrew D. Lipman, Washington, DC, entered an appearance for intervenor Zero Plus Dialing, Inc. [303...

  • 1st Westco Corporation v. School District Of Philadelphia
    6 F3d 108
    This appeal has its genesis in an old Pennsylvania statute enacted during the Great Depression of the 1930's to preserve jobs for unemployed Pennsylvanians on public projects. In 1935, the Pennsylvan...

  • Stephens v. National Distillers and Chemical Corporation A
    6 F3d 63
    Certificate to the Kentucky Supreme Court (pursuant to Kentucky Rules of Procedure--Rule 76. 37--Certification of Question of Law) There are determinative questions of Kentucky law in this diversity ...

  • United States v. Brown University In Providence In State Of Rhode Island
    5 F3d 658
    The Antitrust Division of the United States Department of Justice ("Division") brought this civil antitrust action against appellant Massachusetts Institute of Technology ("MIT") and eight Ivy League ...

  • Rollon v. Office Of Personnel Management
    9 F3d 978
    Vincente B. Rollon petitions for review of the final decision of the Merit Systems Protection Board, Docket No. SE0831920227-I-1, dismissing as untimely his appeal of the decision of the Office of Per...

  • Barger v. Office Of Personnel Management
    9 F3d 978
    Kenneth B. Barger petitions for review of the final decision of the Merit Systems Protection Board, Docket No. DC0831920507-I-1 (Jan. 12, 1993), affirming the decision of the Office of Personnel Manag...

  • Lambert v. Genesee Hospital
    10 F3d 46
    This is an action brought by three employees of the Duplicating Services Department of the Genesee Hospital (the "Hospital") against the Hospital, their supervisor Tod Timmel, and Francis Dupre, a pri...

  • Union Pacific Corporation v. United States
    5 F3d 523
    The United States Court of Federal Claims determined that the Union Pacific Corporation (the Corporation) was not an employer under the terms of the Railroad Retirement Tax Act. 26 U.S.C. Secs. 3201-...

  • United States v. Lowder
    5 F3d 467
    Defendant-appellant Dennis Lowder was convicted of making false statements to a financial institution, 18 U.S.C. Secs. 2(b) and 1014; failing to file a corporate income tax return, 26 U.S.C. Sec. 720...

  • Turner v. United States Postal Service
    9 F3d 978
    Eugene E. Turner petitions for review of the final order of the Merit Systems Protection Board, Docket No. SE0752920338-I-1, sustaining his removal from employment as a mail handler for the United Sta...

  • United States Of America v. Michael Sylvan Berlant
    5 F3d 540
    MEMORANDUM Michael Sylvan Berlant appeals his sentence under the United States Sentencing Guidelines, following his conviction on a guilty plea, for one count of providing and attempting to provide a...

  • United States v. R Smith
    5 F3d 259
    Part of Sterling Smith's New Year's Eve celebration included randomly firing a .44 calibre pistol. In the process he shot and killed a neighboring partygoer, Robert Knight. An Indiana jury convicted...

  • Methodist Hospital v. Shalala
    6 F3d 829
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs of counsel. The court is satisfied, after reviewing the parties' briefs, ...

  • Lewis v. Secretary Of Navy
    6 F3d 829
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented ...

  • United States v. A Nelson
    5 F3d 254
    Harry A. Nelson was convicted of five counts of bank fraud, 18 U.S.C. Sec. 1344, and seven counts of submitting false statements to a federally insured financial institution, 18 U.S.C. Sec. 1014. Pur...

  • United States v. N Cassiere
    4 F3d 1006
    In these consolidated appeals the three defendants challenge their convictions of wire fraud and conspiracy to commit that offense on various grounds. The fraud involved an intricate and sophisticate...

  • United States v. F Daddino
    5 F3d 262
    Pursuant to this Court's remand, the district court resentenced Anthony F. Daddino ("Daddino"). Nearly two months after the resentencing, the government moved that the district court amend its writte...

  • Spencer v. W Murray
    5 F3d 758
    Timothy Wilson Spencer attacks a Virginia state court judgment sentencing him to death for the murder of Debbie Dudley Davis. We affirm. * The gruesome details of the murder of Debbie Davis can be ...

  • United States v. F Conley C F A C J T N A D M E
    4 F3d 1200
    The United States appeals from an order entered by the district judge suppressing evidence obtained by police pursuant to a search warrant. The district court concluded that the search warrant was no...

  • United States v. Salgado Malfavon
    5 F3d 543
    MEMORANDUM Demetrio Salgado-Malfavon ("Salgado") was charged with and convicted of four counts of a seven-count superseding indictment arising out of his involvement in narcotics trafficking. Salgad...

  • Aea v. Secretary Of Department Of Health and Human Services
    6 F3d 787
    Petitioners, parents and next friends of Stephen Aea, appeal the August 28, 1992 order of the United States Claims Court affirming the May 8, 1992 decision of the special master denying petitioners co...

  • Lindsey v. National Security Agencycentral Security Service
    7 F3d 224
    Ray Lindsey appeals from the district court's order granting Defendant's motion for summary judgment, after remand from this Court, in Lindsey's action for production of documents under the Freedom of...

  • Themy Themy v. Yu
    6 F3d 688
    David E. Leta and Jeffrey T. Sivertsen of Snell & Wilmer, Salt Lake City, UT, for appellant. J. Thomas Bowen of Tanner, Bowen & Williams, Salt Lake City, UT, for appellee. Before BALDOCK a...

  • Jaindl v. R Moran
    12 F3d 1106
    MEMORANDUM Herman J. Jaindl appeals pro se the district court's denial of leave to file a 42 U.S.C. Sec. 1983 action in forma pauperis. We review for abuse of discretion, see Denton v. Hernandez, 1...

  • United States v. Obrien
    6 F3d 829
    This appeal was considered on the record from the United States District Court for the District of Columbia and the briefs filed by the parties. The court has determined that the issues presented occ...

  • United States v. Farrar
    5 F3d 541
    MEMORANDUM Djinn Farrar and Oin Glenn Oakstar Grove appeal their jury convictions in separate trials for conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. Sec. 846; ...

  • United States v. Godina
    5 F3d 541
    MEMORANDUM Ralph Godina appeals the district court's July 27, 1992 order that imposed a sentence of 78 months for assault on a federal officer, to run consecutively from an earlier undischarged term ...

  • Toelupe v. Immigration and Naturalization Service
    5 F3d 540
    Petition for Review of an Order of the Board of Immigration Appeals, INS No. Abe-yfp-qtg. AFFIRMED. Before: D.W. NELSON and NORRIS, Circuit Judges, and TANNER, Senior District Judge. MEMORANDUM...

  • Old Republic Insurance Co v. Comprehensive Health Care Associates Inc
    2 F3d 105
    In this case we review whether a company sued for alleged employee sexual misconduct is covered by insurance policies issued by Old Republic Insurance Co. ("Republic") and Unigard Security Insurance ...

  • United States v. A Roberts
    5 F3d 365
    William Roberts ("Roberts") appeals pro se the denial of his 28 U.S.C. Sec. 2255 motion. The primary issue is whether the district court violated Fed.R.Crim.P. 11 when it failed to advise Roberts of ...

  • United States v. Beverley
    5 F3d 372
    Beverley pleaded guilty to one count of bank robbery, in violation of 18 U.S.C. Sec. 2113(a). The presentence report determined that Beverley had two prior felony convictions qualifying him as a care...

  • Senna v. J Patrissi
    5 F3d 18
    Jeannette Senna, as next friend of Michael Senna, and Michael Senna appeal from the denial by Chief Judge Parker of Michael Senna's petition for a writ of habeas corpus brought under 28 U.S.C. Sec. 22...

  • United States Of America v. R Benish
    5 F3d 20
    This appeal arises out of a judgment of conviction and sentence in a criminal case against Garry R. Benish for possession with intent to distribute in excess of 100 marijuana plants in violation of 21...

  • United States v. Santana
    6 F3d 1
    In the six decades since Justice Roberts noted that "[s]ociety is at war with the criminal classes," Sorrells v. United States, 287 U.S. 435, 453, 53 S.Ct. 210, 216, 77 L.Ed. 413 (1932) (Roberts, J., ...

  • Berryhill v. E Shalala
    4 F3d 993
    Plaintiff-Appellant Clara Blanche Berryhill appeals the district court's grant of summary judgment affirming the Health and Human Services Secretary's (Secretary) decision to reduce the amount of Berr...

  • United States v. Schweitzer
    5 F3d 44
    Allen Schweitzer pleaded guilty to conspiring to bribe a public official in order to secure confidential information held by the Social Security Administration ("SSA"). He here appeals from a sentenc...

  • United States v. Gomez Arrellano
    5 F3d 464
    Mr. Gomez-Arrellano pled guilty to reentry into the United States after deportation, 8 U.S.C. Sec. 1326, possession with intent to distribute cocaine, 21 U.S.C. Secs. 841(a)(1) & (b)(1)(C), posses...

  • Hutchinson Yadkin Valley Bank Trust Co v. McGee
    5 F3d 750
    This appeal concerns allegations of negligence made against a bankruptcy trustee in her official capacity. The debtors, John Everett Hutchinson and Ruth Laura Hutchinson, contend that the trustee, Li...

  • Rs v. Berkeley Unified School District
    5 F3d 539
    Appeal from the United States District Court, for the Northern District of California, D.C. No. CV-91-00598-MHP; Marilyn H. Patel, District Judge, Presiding. N.D.Cal. AFFIRMED. Before: POOLE a...

  • Booker v. Koonce
    2 F3d 114
    Jimmy Sol Booker, proceeding pro se and in forma pauperis filed a 42 U.S.C. Sec. 1983 suit against the City of Wills Point, Texas, several of its police officers, and the local district attorney, clai...

  • McCullough v. Fidelity and Deposit Company
    2 F3d 110
    The Federal Deposit Insurance Corporation (FDIC) filed a declaratory judgment action against Fidelity and Deposit Company of Maryland (F & D) to determine whether F & D provided coverage under...

  • Perez Casas v. Immigration and Naturalization Service
    5 F3d 538
    Petition for Review of an Order of the Board of Immigration Appeals, INS No. Alk-rkp-mvq. DENIED. Before: FLETCHER, POOLE and THOMPSON, Circuit Judges MEMORANDUM Pablo Perez Casas ("Perez"), a ...

  • Bell Beckwith McGraw v. Society Bank and Trust
    5 F3d 150
    Society Bank & Trust ("Society"), the garnishee-defendant below, appeals the district court's ruling allowing plaintiff, bankruptcy trustee Patrick A. McGraw, the opportunity to prove that Bell &a...

  • Guinan v. K Delo
    5 F3d 313
    Frank J. Guinan appeals from the District Court's denial of his Rule 60(b) motion, see Fed.R.Civ.P. 60(b), seeking relief from the District Court's decision denying Guinan's 28 U.S.C. Sec. 2254 petiti...

  • National Grain and Feed Association v. United States North Dakota Grain Dealers Association
    5 F3d 306
    The National Grain and Feed Association and the North Dakota Grain Dealers Association petition for review of a decision by the Interstate Commerce Commission ("the Commission") approving the Certific...

  • Gillum v. City Of Kerrville
    3 F3d 117
    David Gillum filed this 42 U.S.C. Sec. 1983 suit against Kerrville, Texas, a city that once employed him as a policeman, and three of its officials, City Manager Glenn D. Brown, Police Chief Louis A. ...

  • Sault Ste Marie Tribe Of Chippewa Indians v. State Michigan
    5 F3d 147
    In this interlocutory appeal brought under the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. Secs. 2701-2721, plaintiffs Sault Ste. Marie Tribe of Chippewa Indians, Grand Traverse Band of Ottawa and...

  • National Audubon Society
    46 F3d 1437
    The panel has voted to amend its opinion filed September 15, 1993 [4 F. 3d 832] as follows: (1) The third sentence of the first [last] full paragraph on page 9927 of the slip opinion is amended to r...

  • Martin v. American Cyanamid Company
    5 F3d 140
    Peter L. de la Cruz (briefed), Kris Anne Monteith, Keller and Heckman, Washington, DC, amicus curiae. Before: RYAN, Circuit Judge; KRUPANSKY, Senior Circuit Judge; and JOINER, Senior District Jud...

  • Bentley v. Great Lakes Collection Bureau
    6 F3d 60
    Plaintiff-appellant Diane Bentley appeals from a summary judgment entered in the United States District Court for the District of Connecticut (Covello, J.) dismissing her complaint in an action brough...

  • Worm v. American Cyanamid Company
    5 F3d 744
    In Worm v. American Cyanamid Co., 970 F.2d 1301 (4th Cir.1992) (Worm I ), we held that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. Sec. 136 et seq., does not, expressly o...

  • Daly Construction Inc v. H Garrett Iii
    5 F3d 520
    Daly Construction, Inc. appeals the decision of the Armed Services Board of Contract Appeals, denying Daly's claims arising from a government-caused delay of 518 days in contract performance, due to a...

  • West v. Zenon
    5 F3d 544
    MEMORANDUM Randy E. West, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction for first degree murder. We affir...

  • Daily v. Myers
    5 F3d 535
    Before: REAVLEY, PREGERSON and FERNANDEZ, Circuit Judges MEMORANDUM Gary L. Daily appeals the denial of his petition for writ of habeas corpus. We affirm. The day before a burglary, Daily ascert...

  • Alvarado Peralta v. Immigration and Naturalization Service
    5 F3d 534
    MEMORANDUM Jorge Ignacio Alvarado-Peralta challenges an order of deportation based upon the predecessor to section 241(a)(2)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1251(a)(2)(B)(...

  • Martin v. County Of Stanislaus
    5 F3d 537
    Appeal from the United States District Court, for the Eastern District of California, D.C. No. CV-90-00163-EDP; Edward D. Price, District Judge, Presiding. E.D.Cal. DISMISSED IN PART, AFFIRMED IN...

  • United States v. Compton
    5 F3d 358
    Charles Compton appeals his conviction of attempted aircraft piracy in violation of 49 U.S.C.App. Sec. 1472(i) and of interference with a fight crew in violation of 49 U.S.C.App. Sec. 1472(j). Cases ...

  • Flores Arellano v. Immigration and Naturalization Service
    5 F3d 360
    Jaime Salvador Flores-Arellano challenges the finding that he is deportable on the basis of a misdemeanor state conviction of being under the influence of amphetamine/methamphetamine. Because we conc...

  • Aguirre Mendoza v. Immigration and Naturalization Service
    5 F3d 534
    MEMORANDUM Jesus Ricardo Aguirre-Mendoza challenges an order of deportation based upon the predecessor to section 241(a)(2)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1251(a)(2)(B)(i...

  • Adams v. Ducharme
    5 F3d 534
    Adams, a Washington state prisoner, appeals from the district court's denial of his habeas corpus petition. Adams contends that the district court erred by denying his petition because the Indetermin...

  • American v. United
    5 F3d 534
    Before: BROWNING, FARRIS, and KELLY, Circuit Judges. MEMORANDUM North American Timeshare, Inc. appeals five separate orders of the district court: (1) an order awarding prejudgment interest again...

  • Federal Deposit Insurance Corporation v. G Lands Md
    5 F3d 536
    Appeal from the United States District Court, for the Eastern District of California, D.C. No. CV-89-00015-MDC; M.D. Crocker, District Judge, Presiding. E.D.Cal. AFFIRMED. Before: ALARCON, RYM...

  • Estrada Linares v. Immigration and Naturalization Service
    5 F3d 536
    Petition to Review a Decision of the Immigration and Naturalization Service, I & NS No. Ahs-goa-rjg. PETITION DENIED. Before: WOOD, REINHARDT, and RYMER, Circuit Judges MEMORANDUM Jose Estr...

  • United States v. A Potts
    5 F3d 543
    Appeal from the United States District Court, for the District of Alaska, D.C. No. CR-91-53-JKS; James K. Singleton, District Judge, Presiding. AFFIRMED. Before: FARRIS and KLEINFELD, Circuit Ju...

  • Nagapetian v. United States
    5 F3d 538
    MEMORANDUM Asatour Nagapetian, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion challenging his conviction on the ground that he received ineffective a...

  • United States v. Lara Acosta
    5 F3d 542
    MEMORANDUM Ausencio Lara-Acosta appeals a sentence of 15 years imposed pursuant to the Armed Career Criminal Act, 18 U.S.C. Sec. 924(e). We affirm. Section 924(e) mandates a minimum sentence of 15...

  • Smith v. E Shalala
    5 F3d 235
    Charles Smith is a disabled man who was deemed married under 42 U.S.C. Sec. 1382c(d)(2) to a disabled woman for purposes of supplemental social security income. This determination qualified them for ...

  • United States v. J Baldwin
    5 F3d 241
    This case comes before the court for the second time on appeal from Kenneth J. Baldwin's sentence. We detailed the factual background of the case in our first decision, seeUnited States v. Baldwin, 9...

  • Woods v. H Thieret
    5 F3d 244
    Inmate Joe Woods sued prison officials at the Menard Correctional Center under 42 U.S.C. Sec. 1983, alleging that the officials violated the Eighth Amendment by not feeding him when he was deadlocked ...

  • United States v. Fialk
    5 F3d 250
    Marilyn Moore had disappeared--no one knew just how long--when officers from the Washburn County, Wisconsin, Sheriff's Department searched the house where she lived with John Staknis and arrested him ...

  • Kuhnert v. John Morrell and Company Meat Packing Inc
    5 F3d 303
    Larry Kuhnert appeals from a final order entered in the United States District Court for the District of South Dakota granting summary judgment in favor of John Morrell & Co. Meat Packing, Inc. (...

  • National Labor Relations Board v. Oil Capital Electric Inc
    5 F3d 459
    Before BALDOCK and KELLY, Circuit Judges, and CAUTHRON, District Judge. CAUTHRON, District Judge. Petitioner, the National Labor Relations Board (Board), has filed an application for enforcement o...

  • United States v. Lopez
    2 F3d 1342
    The United States Constitution establishes a national government of limited and enumerated powers. As James Madison put it in The Federalist Papers, "The powers delegated by the proposed Constitution...

  • Serra v. Michigan Department Of Corrections G
    4 F3d 1348
    Raymond G. Toombs appeals the grant of petitioner Joseph Serra's writ of habeas corpus. The district court found petitioner's Sixth Amendment right to counsel was violated when his retained counsel w...

  • Davis Sheerin v. H Davis
    3 F3d 113
    James Sheerin won a fraud judgment against William Davis in Texas state court. Davis then took refuge in bankruptcy. We find that Sheerin produced enough evidence before the bankruptcy court to save...

  • Lamb Shepard v. Sears Roebuck and Company
    1 F3d 1184
    Appellant, through his guardian ad litem, brought this products liability action against the seller of an above-ground swimming pool for damages suffered when he nearly drowned after falling into the ...

  • United States v. Jones
    1 F3d 1167
    Defendants were convicted under all counts of a multi-count indictment charging narcotics offenses. Both defendants seek reversal based on remarks made by government counsel in oral argument. One r...

  • United States v. Hicks
    4 F3d 1358
    Defendant-appellant, Alvin Ray Hicks, appeals the sentence he received after pleading guilty to a violation of 18 U.S.C. Secs. 922(g)(1) and 924(a)(2) for being a felon-in-possession of a firearm. Fo...

  • Ojai Unified School District v. Jackson W C
    4 F3d 1467
    This appeal involves a dispute over the appropriate educational placement for Bion Jackson under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. Sec. 1400 et seq. The district cou...

  • United States v. Sykes
    4 F3d 697
    George Washington Sykes, Jr., appeals his sentence of 27 months imposed by the district court after Sykes pleaded guilty to one count of unlawfully possessing four checks which had previously been sto...

  • Hroch v. City Of Omaha
    4 F3d 693
    Robert Hroch appeals the district court's grant of summary judgment dismissing his action under 42 U.S.C. Sec. 1983 against the City of Omaha and Anderson Excavating & Wrecking Company. Hroch arg...

  • Bp Chemicals Limited v. Union Carbide Corporation
    4 F3d 975
    BP Chemicals Limited filed a declaratory judgment action against Union Carbide Corporation in the United States District Court for the Southern District of New York, seeking a declaration that Union C...

  • Bagley v. A Collins
    1 F3d 378
    Audrey Eldon Bagley, proceeding pro se, appeals the district court's denial of his petition for habeas corpus relief under 28 U.S.C. Sec. 2254 (1988). For the reasons set forth below, we affirm. * ...

  • Jose Francisco Rivera Lopez v. United States
    4 F3d 982
    In 1987, petitioner Jose Rivera Lopez (Rivera) pled guilty to procuring by fire the destruction of the DuPont Plaza Hotel in Puerto Rico. In 1991, he moved to vacate his sentence under 28 U.S.C. Sec....

  • Olin Corporation v. Consolidated Aluminum Corporation
    5 F3d 10
    This is an appeal from an amended judgment entered on December 17, 1992 in the United States District Court for the Southern District of New York, Edelstein, J. The district court granted Olin Corp....

  • United States v. Kammer
    1 F3d 1161
    We reverse the misapplication convictions in this case because the government failed to prove that the appellant's failure to refund Pell Grant monies constituted a misapplication under 20 U.S.C. Sec....

  • United States v. M Buckley R
    4 F3d 552
    Kim Buckley and Mark Herman lived in a mobile home where they grew marijuana and distributed cocaine. Pursuant to a search warrant, the police gathered overwhelming evidence of guilt. The defendants...

  • United States v. 27000000 In United States Currency Plus Interest 1 0 6
    1 F3d 1146
    This appeal requires us to resolve the outcome of conflicting state and federal forfeiture actions that created a dispute over whether the state court or the federal district court has jurisdiction ov...

  • Jaramillo v. Immigration and Naturalization Service
    1 F3d 1149
    This appeal involves Sec. 212(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. Sec. 1182(c), which authorizes the Attorney General to grant an otherwise deportable alien discretionary relie...

  • United States v. Anderson
    5 F3d 540
    MEMORANDUM John David Anderson appeals his jury conviction for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). We affirm. Anderson argues that evidence of the dr...

  • Empire For Him Inc Capital Factors Inc v. Empire For Him Inc Na
    1 F3d 1156
    Upon the filing of Debtor's petition for relief under Chapter 11 of the Bankruptcy Code, Capital Factors, Inc. held funds which it had collected on Debtor's accounts pursuant to a factoring agreement....

  • Pasutti v. Judicial Department Of State Of Oregon Citizen Review Board S
    5 F3d 538
    Appeal from the United States District Court For the District of Oregon, No. CV-90-06517; John Jelderks, Magistrate Judge, Presiding. D.Or. AFFIRMED. Before: BROWNING, SCHROEDER, and HALL, Cir...

  • Figueroa Rodriguez v. Immigration and Naturalization Service
    5 F3d 536
    MEMORANDUM Gustavo Figueroa-Rodriguez petitions for review of a decision of the Board of Immigration Appeals ("BIA") dismissing his appeal from an immigration judge's denial of his application for su...

  • Tilton v. L Richardson C A
    6 F3d 683
    This case is here via interlocutory appeal pursuant to 28 U.S.C. Sec. 1292(b) (1988) and concerns whether the district court had jurisdiction to address Mr. Tilton's 42 U.S.C. Sec. 1985(3) (1988) clai...

  • Perry v. Merit Systems Protection Board
    6 F3d 787
    James A. Perry petitions for review of the December 29, 1992 decision of the Merit Systems Protection Board, Docket No. BN0752900020I1, dismissing for untimeliness his petition for review of an initia...

  • Madyun v. R McCaughtry
    4 F3d 997
    Shaheed Madyun filed a thirty-two page typed complaint against various prison officials under 42 U.S.C. Sec. 1983. Upon considering Madyun's request to proceed in forma pauperis the court found that ...

  • Beard v. Ylst
    5 F3d 534
    MEMORANDUM Donald T. Beard appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition, which challenged the revocation of Beard's three-year probation and the imposition of...

  • Stella v. Town Of Tewksbury Massachusetts
    4 F3d 53
    Over twenty-four centuries ago, a Greek philosopher warned that "[h]aste in every business brings failures." VII Herodotus, Histories, ch. 10. This appeal illustrates that courts are no exception t...

  • Antonio Garcia v. Island Program Designer Inc
    4 F3d 57
    This appeal requires us to resolve a conflict between 1) a federal statute that gives federal tax claims first priority to a bankrupt company's assets, 31 U.S.C. Sec. 3713, and 2) a Puerto Rico "insur...

  • Guerra v. Immigration and Naturalization Service
    5 F3d 536
    MEMORANDUM Luis Miguel del Rosario Guerra, a citizen of Chile, petitions for review of the Board of Immigration Appeals' ("BIA" or "Board") denial of his motion to reopen his deportation proceedings ...

  • Ralar Distributors Inc Ralar Distributors Inc v. Rubbermaid Incorporated
    4 F3d 62
    Chapter 11 debtors Ralar Distributors, Inc. and Halmar Distributors, Inc. (hereinafter: "debtor" or "R-H") appeal a district court order affirming a bankruptcy court's award of summary judgment to R...

  • Buyers Club Markets Inc Bagus v. Clark
    5 F3d 455
    After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th C...

  • Macfarlane v. D McKean Iii
    4 F3d 982
    This is an appeal from the district court's dismissal for lack of personal jurisdiction and its denial of appellant's motion to amend his complaint and motion for reconsideration. We affirm. Plaint...

  • Arechiga Perez v. Immigration and Naturalization Service
    5 F3d 534
    MEMORANDUM Juan Francisco Arechiga-Perez petitions for review of the Board of Immigration Appeals ("BIA") decision affirming the immigration judge's denial of Arechiga-Perez' application for discreti...

  • United States v. Sparks
    2 F3d 574
    Defendants, Roderick Deandra Sparks ("Sparks"), Bonnie Ray Dews ("Dews"), David Lee Spignor ("Spignor"), and Joe Thomas Tucker ("Tucker"), were jointly tried before a jury and convicted of various off...

  • Robinson v. Ej Brennan J R
    4 F3d 997
    Before CUMMINGS and ROVNER, Circuit Judges, and MILTON I. SHADUR, Senior District Judge. Nathan Robinson, a federal prisoner, alleges that the defendant prison officials violated his eighth amendmen...

  • Nolen v. Dining Car Employees Local No
    4 F3d 997
    Plaintiff Henry Nolen, Jr. brought a hybrid breach of contract/duty of fair representation action ("DFR") against his employer and union. Nolen obtained a default judgment against the union and settl...

  • Freeman v. Erickson
    4 F3d 675
    Mark Anthony Freeman, a Minnesota inmate, appeals from a final order entered in the District Court for the District of Minnesota, denying his pro se petition for writ of habeas corpus pursuant to 28 U...

  • United States v. Ganley
    5 F3d 541
    MEMORANDUM Mark Ganley was convicted of six counts of armed bank robbery, in violation of 18 U.S.C. Secs. 2 and 2113(a) and (d); one count of bank robbery, in violation of 18 U.S.C. Secs. 2 and 2113...

  • Estate Of Starks v. L Enyart I E
    5 F3d 230
    On the evening of November 1, 1989, Damon Starks stole a taxicab and drove it to a nearby Taco Bell. Three uniformed police officers quickly surrounded the cab and confronted Starks. Instead of subm...

  • International v. Randall
    5 F3d 224
    The United Automobile, Aerospace and Agricultural Implement Workers of America and Local Union No. 2052 (collectively "the Union") filed a complaint under section 301 of the Labor Management Relations...

  • Aquilino v. Harrahs Atlantic City Inc
    4 F3d 982
    In this "slip and fall" case, plaintiffs Theresa and Daniel Aquilino challenge the district court's decision granting defendant Harrah's Atlantic City, Inc.'s ("Harrah's") motion to dismiss for lack o...

  • Wisconsin Music Network Inc v. Muzak Limited Partnership
    5 F3d 218
    Wisconsin Music Network, Inc. (WMNI) sued Muzak Limited Partnership for federal antitrust violations and a violation of the Wisconsin Fair Dealership Law (WFDL). After an evidentiary hearing, the di...

  • McDonalds Corporation v. Barnes
    5 F3d 537
    MEMORANDUM Appellant Barnes appeals the grant of summary judgment in favor of McDonald's Corp. on Barnes' claims of misrepresentation and breach of an implied covenant of good faith and fair dealing....

  • Committee To Preserve Boomer Lake Park v. Department Of Transportation K
    4 F3d 1543
    This appeal stems from the proposed federal funding of a four-lane highway through Boomer Lake Park in Stillwater, Oklahoma. The Committee to Preserve Boomer Lake Park alleges the Federal Highway Adm...

  • Coca Cola Bottling Company Of Ogden Inc v. Coca Cola Company
    4 F3d 930
    The Coca-Cola Company (Company) appeals the entry of summary judgment in favor of three Coca-Cola bottlers, Coca-Cola Bottling Company of Ogden, Inc., Durango Coca-Cola Bottling Company, and The Coca-...

  • Continental Bank Na v. E Burke Atb Atc Continental Bank Na
    5 F3d 545
    The appellants appeal the district court's finding under the Oklahoma Securities Act that, although the appellees violated the Oklahoma nonregistration provision, the appellants are entitled to no mon...

  • United States Madden v. General Dynamics Corporation
    4 F3d 827
    This action was brought by present and former employees of General Dynamics ("Relators") under the qui tam provisions of the False Claims Act ("FCA"), 31 U.S.C. Secs. 3729-3732. General Dynamics Corp...

  • United Steelworkers Of America v. North Star Steel Company Inc
    5 F3d 39
    United Steelworkers of America ("plaintiff") brought this action against North Star Steel Company, Inc. ("defendant") alleging violations of the Worker Adjustment and Retraining Notification Act ("WA...

  • Skyberg v. United Food and Commercial Workers International Union
    5 F3d 297
    This appeal is brought by 426 individuals (the "employees") who were employed at the John Morrell & Co. ("Morrell") meat packing plant in Sioux Falls, South Dakota, and who were also members of t...

  • Boyd v. Groose
    4 F3d 669
    Gerald Boyd appeals the District Court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254 (1988). Boyd argues that the District Court erred in adopting the mag...

  • Sunbelt Corporation v. Noble Denton and Associates Inc C
    5 F3d 28
    Sunbelt Corporation, a Texas corporation; Sunbelt Enterprises, a Texas corporation; Cemex, S.A., a Mexican corporation; and Eagle Cement, Inc., a Delaware corporation, (collectively "petitioners") ...

  • United States v. Weston
    4 F3d 672
    Lonnie Gene Weston appeals from a final judgment entered in the United States District Court for the Western District of Arkansas finding him guilty, upon a jury verdict, of one count of possession of...

  • United States v. Rivera
    5 F3d 543
    MEMORANDUM Rosa Olivera Rivera (Rivera), Alfonso Rivera-Farias (Farias), Maria Diaz, Francisca Lara, and Rosendo Cisneros appeal their convictions for various drug offenses. In addition, Rivera appe...

  • Flegel Do v. Christian Hospital Northeast Northwest
    4 F3d 682
    Gerhard Flegel and Richard Still, doctors of osteopathy (D.O.s) who were denied privileges at Christian Hospital Northeast-Northwest, sued the hospital and a number of its board members, employees, an...

  • Florent v. Federal Aviation Administration
    5 F3d 536
    MEMORANDUM Nganga Florent petitions pro se for review of the National Transportation Safety Board's ("NTSB") order upholding a 120-day suspension of Florent's commercial pilot's certificate. We have...

  • Birch Davis International Inc v. M Christopher
    4 F3d 970
    Appellant, Birch & Davis International, Inc. (Birch), protested a procurement conducted by the Agency for International Development (agency). Although four bids, including two from Birch, were t...

  • Davids v. Federal Aviation Administration
    5 F3d 535
    MEMORANDUM Paul R. Davids petitions for review of the National Transportation Safety Board's ("NTSB") order upholding the Federal Aviation Administration's ("FAA") order revoking his commercial pilot...

  • Suarez Matos v. Ashford Presbyterian Community Hospital Inc Suarez Matos
    4 F3d 47
    Plaintiff Karen Suarez Matos, a resident of New York vacationing in Puerto Rico, was taken to defendant Ashford Presbyterian Community Hospital in San Juan on October 30, 1989 on an emergency basis. ...

  • Loughman v. Consol Pennsylvania Coal Company Us
    6 F3d 88
    This is the second time this case has been before us. SeeHughes v. Consol-Pennsylvania Coal Co., 945 F.2d 594, 617-18 (3d Cir.1991), cert. denied, --- U.S. ----, 112 S.Ct. 2300, 119 L.Ed.2d 224 (1992...

  • Gray v. Secretary Of Health and Human Services
    3 F3d 1584
    Our decision on the motion for rehearing was withheld pending the decision of the United States Supreme Court in Shalala v. Schaefer, --- U.S. ----, 113 S.Ct. 2625, 125 L.Ed.2d 239 (June 24, 1993). I...

  • United States v. J Quigley
    5 F3d 543
    MEMORANDUM Rodney J. Quigley appeals pro se the district court's summary judgment in favor of the United States in the government's action to recover on a defaulted Veterans Administration ("VA") gua...

  • Burgess v. City Of San Francisco
    5 F3d 535
    MEMORANDUM Nathan Burgess appeals pro se the district court's dismissal for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) of his civil rights action. Burgess alleged that defendants dep...

  • United States v. V Costanzo
    4 F3d 658
    Donald Costanzo, Scott Clawson, and Anthony Civella appeal from their convictions in the District Court on an array of mail fraud, wire fraud, and transportation of stolen goods charges. See 18 U.S.C...

  • Ching Luen Enterprises Co Ltd v. H Mason
    5 F3d 535
    MEMORANDUM Plaintiff Ching Luen Enterprises Co., Ltd. ("CLE") sued partners of Fulbright & Jaworski ("Fulbright") for allegedly wrongfully retaining CLE client files. CLE also sued Fulbright's ...

  • Don Laflamme v. James H Gomez
    5 F3d 537
    MEMORANDUM California state prisoner Donald LaFlamme appeals pro se the district court's dismissal based on improper venue of his 42 U.S.C. Sec. 1983 action. We have jurisdiction under 28 U.S.C. Sec...

  • Howard v. Military Department State Of California
    5 F3d 537
    MEMORANDUM Judith Howard brought this employment discrimination action pursuant to 42 U.S.C. Sec. 2000e, et seq., against the Military Department of the State of California and the California Air Nat...

  • United States v. Queen
    4 F3d 925
    The defendant-appellant Walter Ray Queen was indicted on 16 counts of mail and wire fraud, in violation of 18 U.S.C. Secs. 1341 and 1343. He was charged with fraudulently obtaining money from investo...

  • Thornton v. First State Bank Of Joplin
    4 F3d 650
    John Thornton filed a four-count complaint against First State Bank of Joplin. The district court and the jury, in combination, found in favor of the Bank on all counts. Thornton appeals, and we aff...

  • United States v. Carson
    5 F3d 541
    MEMORANDUM Gary Carson appeals pro se the district court's denial of his petition to remove a state prosecution for a traffic violation from Carlton, Oregon Municipal Court to federal district court ...

  • International Jensen Incorporated v. Metrosound Usa Inc La
    4 F3d 819
    A manufacturer seeks a preliminary injunction barring a rival company from producing similar looking audio speakers. The district court denied the preliminary injunction and, for the reasons stated b...

  • United States v. Alsept
    5 F3d 540
    Appeal from the United States District Court for the Western District of Washington, No. CR-91-45-TSZ; Thomas S. Zilly, District Judge, Presiding. W.D.Wash. AFFIRMED. Before: BEEZER and HALL, ...

  • Trejo Santoscoy v. Immigration and Naturalization Service
    5 F3d 540
    MEMORANDUM Alejo Trejo-Santoscoy petitions for review of an order of the Board of Immigration Appeals dismissing his appeal of an immigration judge's decision ordering that he be deported. Trejo-San...

  • Pure Ltd v. National Beverage Corporation
    5 F3d 539
    MEMORANDUM Appellant Pure challenges the district court's grant of JNOV, which was based on the lack of essential terms in the marketing and distribution contract between Pure and appellee Shasta. W...

  • Sanders v. Ogden Allied Leisure Services Inc
    5 F3d 539
    MEMORANDUM Robert Sanders ("Sanders"), who is black, worked for Ogden Allied Leisure Services ("Ogden"), an airline catering company, as a food transport equipment handler. Ogden fired Sanders after...

  • Olson v. J Fitzgerald
    5 F3d 538
    MEMORANDUM The pro se appellant challenges the district court's dismissal of his Sec. 1983 suit as frivolous under 28 U.S.C. Sec. 1915(d). Because the district court did not give the pro se appellan...

  • Neal v. Bently Nevada Corp
    5 F3d 538
    MEMORANDUM Trig Neal appeals from a grant of summary judgment for defendant Bently Nevada Corporation ("Bently"). Neal was injured when he dove into shallow water from a rope swing located on Bently...

  • Moss v. United States
    5 F3d 538
    MEMORANDUM Taxpayer Doreen Moss appeals pro se the district court's dismissal pursuant to local rules for failure to file a responsive pleading in her action against the Internal Revenue Service (IRS...

  • United States v. Cuff
    5 F3d 541
    MEMORANDUM Joseph John Cuff pled guilty to unarmed bank robbery. He appeals his sentence, contending he was not sentenced properly under the sentencing guidelines. The court classified Cuff as a ca...

  • Gardner v. Brown
    5 F3d 1456
    The Secretary of Veterans Affairs appeals from a judgment of the United States Court of Veterans Appeals (Veterans Court), No. 90-120 (entered Jan. 13, 1992). The Veterans Court reversed the decision...

  • Mendenhall Cmi v. Cedarapids Inc
    5 F3d 1557
    Robert L. Mendenhall and CMI Corporation, the exclusive licensee for the United States, as owners of all rights in United States Patents Nos. Re. 31,904 ('904 patent) and 31,905 ('905 patent), sued C...

  • Wemhoener Pressen v. Ceres Marine Terminals Incorporated Mv Tadeusz Kosciuszko
    5 F3d 734
    James Dygert Skeen, Wright, Constable & Skeen, Baltimore, argued, for appellant. JoAnne Zawitoski, Semmes, Bowen & Semmes, Baltimore, argued, for appellee. Before RUSSELL, Circuit Judge, S...

  • Marinkovic v. Casey Gerry Casey Westbrook Reed and Schenek
    5 F3d 537
    MEMORANDUM Appellant Marinkovic challenges the district court's setting aside a default judgment in his favor, and its dismissal of this action for lack of subject matter jurisdiction. The district ...

  • United States v. Hassan El
    5 F3d 726
    The defendant, James Hassan El, was found guilty by a jury of being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g). He was sentenced to 188 months imprisonment and three yea...

  • Krueger v. E Lyng J Jd
    4 F3d 653
    Robert V. Krueger, Jr., an employee of the United States Department of Agriculture, filed a Bivens action against eleven of the department's officials, alleging that he had been fired for his whistle-...

  • Hornbuckle v. Office Of Personnel Management
    6 F3d 787
    Petitioner Bobby W. Hornbuckle appeals the September 22, 1992, Initial Decision of the Administrative Judge, No. DA0831920624I-1. The Merit Systems Protection Board denied review of the decision on F...

  • Jackson v. Department Of Treasury
    6 F3d 787
    Mr. Jackson appeals the final decision of the Merit Systems Protection Board (Board), Dkt. No. NY0432920036-I-1, dismissing his appeal for lack of timeliness and lack of jurisdiction. We affirm. Mr...

  • Spellman v. E Shalala Md
    1 F3d 357
    Neva Spellman appeals the district court's order granting summary judgment for the Secretary of Health and Human Services ("Secretary"). Spellman argues that the Secretary erred in determining the on...

  • Gulf Chemical Metallurgical Corporation v. Associated Metals and Minerals Corporation
    1 F3d 365
    Gulf Chemical & Metallurgical Corporation (Gulf) sued its insurers and its former parent corporation for breach of contract and declaratory judgment, alleging that these defendants ignored their c...

  • Barlow v. Veterans Administration
    5 F3d 534
    MEMORANDUM Robert Barlow appeals pro se the district court's summary judgment in favor of the Veterans Administration ("VA"). In the action below, Barlow alleged that the VA (1) wrongfully denied hi...

  • Froschauer v. R McBride
    4 F3d 996
    Barry Froschauer appeals from the district court's denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. He challenges the constitutionality of his state conviction for ch...

  • United States v. M Kenny
    5 F3d 214
    Steven Kenny was convicted of violating federal counterfeiting laws, 18 U.S.C. Secs. 471 & 474. He appeals his conviction and his sentence. We affirm. In December 1990, Steven Kenny went to Ad...

  • Wahlstrom v. Kawasaki Heavy Industries Ltd Usa Usa
    4 F3d 1084
    Donald and Irene Wahlstrom ("the Wahlstroms") appeal from a judgment entered August 25, 1992 in the United States District Court for the District of Connecticut, Alan H. Nevas, Judge, that granted def...

  • United States v. United Services Automobile Association
    5 F3d 204
    The United Services Automobile Association (USAA) appeals from an order directing it to reimburse the United States of America $7,660.50 for medical care the government rendered three military retiree...

  • Sec v. Margolin
    7 F3d 220
    Appeal From: S.D.N.Y. AFFIRMED. ...

  • Evans v. Department Of Navy
    6 F3d 787
    This is an appeal from the December 23, 1992 decision of the Merit Systems Protection Board (MSPB or Board), Docket No. SF0752920649-I-1. The Board upheld the determination of the administrative judg...

  • Lopacich v. Falk Ii
    5 F3d 210
    Carol Falk Lopacich is suing her brother, Ralph Falk II, for sabotaging her efforts to reconcile with their mother after thirty years of silence and more than sixty years of hostility and disdain. Su...

  • United States v. Bell
    5 F3d 64
    In an earlier opinion, a panel of this court vacated the sentence of George Robert Bell and remanded for resentencing within the guideline range of 87-108 months imprisonment. See United States Sente...

  • Newpark Shipbuilding Repair Inc v. Mv Trinton Brute Mv W
    2 F3d 572
    Appellee Newpark Shipbuilding & Repair, Inc. ("Newpark") seeks dismissal of the appeal of vessel owner McKinney Harbor Towing, Inc. ("McKinney") from an in rem judgment in favor of Newpark. We ...

  • Certain Underwriters At Lloyds London Dd 193c v. Fidelity and Casualty Insurance Company New York
    4 F3d 541
    After Terrence Fahy was run over by an asphalt roller built by Dresser Industries, Inc., he sued and won a $3 million verdict. Dresser's primary insurer, Fidelity and Casualty Insurance Company of Ne...

  • Rodriguez v. Pearce
    5 F3d 539
    MEMORANDUM Jerardo Rodriguez, an Oregon state prisoner, appeals pro se the district court's award of summary judgment to the defendants in his 42 U.S.C. Sec. 1983 civil rights action. Rodriguez cont...

  • Sanders v. Bunnell
    5 F3d 539
    MEMORANDUM Gregory Sanders, a California prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. The district court dismissed Sanders' ...

  • Durrive v. United States
    4 F3d 548
    Alexander Durrive is serving a sentence of 120 months' imprisonment for conspiring to distribute cocaine and using the telephone to facilitate that crime. We affirmed the conviction and sentence on d...

  • United States v. Edwards
    5 F3d 541
    MEMORANDUM David Edwards appeals his sentence imposed following his guilty plea to three counts of fraud relating to account access devices in violation of 18 U.S.C. Sec. 1029, sixty-one counts of ma...

  • Krusinski v. United States Department Of Agriculture Food Safety and Inspection Service Meat and Poul
    4 F3d 994
    Plaintiff-appellant, John Krusinski, appeals the decision of the United States District Court for the Northern District of Ohio, Eastern Division, dismissing his complaint filed on May 8, 1986, agains...

  • Wardlaw v. R Pickett
    1 F3d 1297
    William Wardlaw brought a Bivens action in district court seeking damages and alleging that United States Deputy Marshals William Pickett and Albert Crew violated his constitutional rights by using ex...

  • Neilson v. Kern County California
    5 F3d 538
    MEMORANDUM Norman Lee Neilson appeals pro se the district court's order granting summary judgment for defendants and dismissing his civil rights action. Neilson was convicted in a state court, follo...

  • Business Credit Leasing Inc v. Danor Corp
    4 F3d 993
    Business Credit Leasing (BCL) appeals from a decision of the district court awarding to appellees Wolverine American, Inc. and Crane National Vendors the vending machines in which appellees had a perf...

  • United States v. P Guerrero
    5 F3d 541
    MEMORANDUM Frank P. Guerrero, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2241 petition for writ of habeas corpus. Guerrero alleges that the United States...

  • United States v. Mendoza Fernandez
    4 F3d 815
    Defendant contends the district court misinterpreted the United States Sentencing Commission's Guidelines Manual and applied the wrong guideline. We agree, and for the reasons stated below we vacate ...

  • United States v. Presidio Investments Ltd Sandquist
    4 F3d 805
    Appellant Janet Blair appeals the district court's grant of summary judgment against the original plaintiff (the United States of America), and in favor of Presidio Investments, Ltd. ("Presidio Inves...

  • United States v. Shaban
    4 F3d 998
    Attorney John R. Clemons filed a motion pursuant to Circuit Rule 51(a) to withdraw as appointed counsel for Samir Shaban. Clemons's motion and supporting brief, filed in accordance with Anders v. Cal...

  • Wildt v. Gulledge
    4 F3d 998
    David Gulledge and fellow Evansville police officer Steven McDaniel were off duty when they became involved in a bar fight with Jeffrey Wildt and Daniel James. Wildt was battered and bloodied in the ...

  • Veasey v. Powell
    4 F3d 998
    Alvin Veasey filed suit under 42 U.S.C. Sec. 1983 against several officials at the Rock Island County jail for violating his rights under the Eighth and Fourteenth Amendments. Veasey claims that the ...

  • United States v. Coleman
    5 F3d 541
    MEMORANDUM Frederick Coleman appeals his sentence imposed following his guilty plea to armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) & (d) and use of a firearm in violation of 18 U.S....

  • United States v. C Forbes
    4 F3d 997
    In this pro se, direct appeal Clyde Forbes challenges his plea to using a firearm while trafficking in narcotics. Forbes originally filed a pro se motion to withdraw the plea, then withdrew the motio...

  • United States v. T Breden
    4 F3d 997
    Jeffrey Breden pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g). Because he had committed violent felonies six times before, he was sentenced under the...

  • United States v. Paolone
    4 F3d 997
    Luciano Paolone appeals from his convictions for possession of cocaine and obstruction of justice by solicitation of murder. 18 U.S.C. Sec. 841; 18 U.S.C. Sec. 1512(a)(1). We affirm the judgment of...

  • United States v. Adcock
    4 F3d 997
    Claymor Adcock entered a plea of guilty in which he admitted that, in September of 1986, he possessed stolen mail in violation of 18 U.S.C. Sec. 1708. The district court ordered that imposition of se...

  • Weissich v. United States
    4 F3d 810
    In their complaint filed in the district court, Rosemary Weissich and her three children ("the Weissichs") asserted two claims against the United States. First, they alleged that the Bureau of Alcoho...

  • United States v. K Shephard
    4 F3d 647
    Donald K. Shephard, having been convicted on twenty counts of charges related to dealing cocaine and crack and sentenced to life imprisonment, complains that he is a victim of sentencing entrapment. ...

  • Marine Equipment Management Company v. United States
    4 F3d 643
    Scott T. Zander, New Orleans, LA, argued (James W. Herron, Clayton, MO, Machale A. Miller, New Orleans, LA, on the brief), for appellants. Damon C. Miller, U.S. Dept. of Justice, Washington, DC, arg...

  • Johnston v. Metropolitan Life Insurance Company Ltv
    4 F3d 996
    Metropolitan Life Insurance Company (MetLife) denied benefits under the LTV Health Care Plan for Barbara Johnston's nursing home confinement from July 7, 1987, to October 8, 1987. MetLife determined ...

  • Lusby v. Union Pacific Railroad Company
    4 F3d 639
    Following the death of Ronald Darryl Lusby, Jr. (Darryl) in a train accident, Ronald D. Lusby (Lusby), Darryl's father and administrator of Darryl's estate, brought this wrongful death action against...

  • United States v. Nevell
    5 F3d 542
    MEMORANDUM Lance Leonard Nevell appeals his 18-month sentence imposed following remand from this court for resentencing. Nevell was originally sentenced to 18 months' imprisonment following entry of...

  • Wilson v. Rg Borg
    5 F3d 544
    MEMORANDUM Andrew L. Wilson, a California state prisoner serving a life without parole sentence for murder, timely appeals the district court's denial of his petition for writ of habeas corpus. The ...

  • Hagen v. Gaspar
    5 F3d 536
    MEMORANDUM Richard M. Hagen, an Arizona state prisoner, appeals the denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction for first degree murder and conspiracy. He con...

  • Bowling v. A Vose
    3 F3d 559
    In this habeas corpus action, appellant was convicted of first-degree arson in Rhode Island. He claims that the trial judge excluded an alibi witness in violation of his Sixth Amendment rights, and w...

  • Skipper v. United States
    1 F3d 349
    Royletta Blueford was shot and killed at the Non-Commissioned Officers Club at Biggs Army Airfield, Fort Bliss, Texas on July 8, 1984, by Charles Haywood, a former boyfriend. Blueford's mother, Laura...

  • Amsat Cable Ltd v. Cablevision Of Connecticut Limited Partnership
    6 F3d 867
    This case involves, inter alia, a constitutional challenge to the application of Connecticut's mandatory cable access law, Conn.Gen.Stat. Sec. 16-333a, a statute that guarantees franchised cable telev...

  • Kalash v. Department Of Transportation
    6 F3d 787
    Daniel Kalash appeals a decision of the Merit Systems Protection Board sustaining his separation by reduction-in-force (RIF) procedures from the position of Supervisory Medical Officer at the United S...

  • United States v. King
    4 F3d 994
    Defendant-appellant, Sonia Marie King, appeals her conviction from the United States District Court for the Eastern District of Michigan, Southern Division. Defendant was indicted on two counts, viz....

  • Alvarez v. L McGinnis
    4 F3d 531
    Marco Alvarez shot and killed Henry Vieyra on January 19, 1985. After a trial, a jury convicted him of murder, and he received a thirty-eight-year sentence. The Illinois Appellate Court affirmed his...

  • Brandt v. Quintex America Limited
    5 F3d 535
    Appellant James Brandt at oral argument chose to withdraw his appeal of the district court's ruling that he failed to file his Rule 10b-5 claim before the statute of limitations' period expired. Cons...

  • Mejia Gutierrez v. United States
    4 F3d 982
    On October 25, 1989, Luis Mejia-Gutierrez pled guilty to one count of bringing cocaine on board an aircraft in violation of 21 U.S.C. Sec. 955. At sentencing on January 25, 1990, the district court g...

  • Arkansas Medical Society Inc v. Reynolds
    6 F3d 519
    In this 42 U.S.C. Sec. 1983 action, we consider whether the Arkansas Department of Human Services violated 42 U.S.C. Sec. 1396a(a)(30)(A) by failing to consider whether proposed reimbursement rate red...

  • City Of New York v. Interstate Commerce Commission
    4 F3d 181
    The City of New York (City) petitions for review of two Interstate Commerce Commission (Commission) decisions authorizing four bus companies to operate between New Jersey and Manhattan. The City argu...

  • Anhood v. United States Parole Commission
    5 F3d 534
    MEMORANDUM William Anhood, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2241 petition for writ of habeas corpus. The district court dismissed the petition ...

  • Cupit v. McClanahan Contractors Inc Awi Awi
    1 F3d 346
    McClanahan Contractors, Inc. appeals a district court decision denying limitation of liability. The district court based its decision on its findings that Doyle Samples, the toolpusher in charge of t...

  • United States v. Turk
    5 F3d 544
    MEMORANDUM David Turk appeals from the district court's decision upholding his conviction following a bench trial before a magistrate judge on a charge of "constructing, placing, or maintaining an im...

  • Boston Safe Deposit and Trust Company v. Motoryacht Dulcinea M Boston Safe Deposit and Trust Company
    5 F3d 535
    MEMORANDUM * This case stems from a foreclosure action initiated by Boston Safe Deposit and Trust Co. ("Bank") which held a preferred ship mortgage on the Motor Yacht Dulcinea ("vessel"). After the...

  • Mosquera Perez v. Immigration and Naturalization Service
    3 F3d 553
    Petitioner Luis Javier Mosquera-Perez ("Mosquera"), a resident alien convicted of an "aggravated felony," challenges a final order of the Board of Immigration Appeals ("BIA") denying his application f...

  • Santiago v. Sherwin Williams Company
    3 F3d 546
    In this appeal, plaintiff-appellant Monica Santiago challenges the district court's entry of summary judgment against her and in favor of defendants-appellees. In so doing, plaintiff advances three a...

  • Payne v. Motorists Mutual Insurance Companies
    4 F3d 452
    The defendant, Motorists' Mutual Insurance Companies, appeals following final judgment in favor of the plaintiffs, Manford and Sue Payne, in this diversity action for recovery on an automobile insuran...

  • Lopez v. B Hayward
    5 F3d 537
    MEMORANDUM Francisco Herra Lopez, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 civil rights action. The district court dismissed Lopez's amen...

  • Polychrome International Corporation v. E Krigger Camco International Limited
    5 F3d 1522
    In these consolidated class actions, Polychrome International Corporation and Camco International, Ltd. challenge certain Virgin Islands statutes imposing taxes and fees on "Foreign Sales Corporations...

  • Bridgestonefirestone Inc v. Local Union No
    4 F3d 918
    The plaintiff-appellee Bridgestone/Firestone, Inc. (Firestone) filed this action seeking, inter alia, a declaratory judgment that a dispute involving an employee incentive program, the Employee Sugge...

  • United States v. A Graves
    4 F3d 450
    Defendant John A. Graves appeals the sentence imposed upon his plea of guilty to aggravated sexual abuse by force, in violation of 18 U.S.C. Sec. 2241(a)(1), and sexual abuse of a minor, in violation ...

  • United States v. Kinslow
    5 F3d 542
    MEMORANDUM Jimmy Neil Kinslow appeals pro se the denial of his fourth 28 U.S.C. Sec. 2255 motion. Kinslow was convicted of kidnapping and other crimes and sentenced to two consecutive terms of life ...

  • Human v. City Of Santa Monica
    5 F3d 537
    MEMORANDUM Siavash Human appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action against the City of Santa Monica as time-barred under the applicable statute of limitations. ...

  • Felton v. Board Of Commissioners Of County Of Greene F
    5 F3d 198
    Brenda Franklin Rodeheffer (argued), Indianapolis, IN, for plaintiff-appellee. James S. Stephenson (argued), Michael R. Morow, Stephenson & Kurnik, Indianapolis, IN, Marilyn Hartman, Hartman &am...

  • Stowell v. Secretary Of Health and Human Services
    3 F3d 539
    Although this appeal presents an issue of first impression that requires us to navigate a complex maze of statutes and regulations, its resolution turns on the interpretation of two words in common us...

  • United States v. Banda
    1 F3d 354
    Marco Antonio Banda, an alien, pleaded guilty to possession with intent to distribute 497 bottles of dimentane containing 99 grams of codeine in violation of 21 U.S.C. Secs. 841(a) and 841(b)(3). Ban...

  • Cotton v. Slone
    4 F3d 176
    In October 1989, Julie Cotton, a small-scale investor, sued William Slone, a licensed stockbroker, claiming he mishandled her investment account. Cotton's complaint, brought in the United States Dist...

  • United States v. Haggerty
    4 F3d 901
    Mr. Haggerty entered a guilty plea to the crime of being a convicted felon in possession of a firearm. He appeals the sentencing court's decision that it had no power to depart downward from the Guid...

  • United States v. McKinney
    5 F3d 542
    MEMORANDUM Charles Odell McKinney appeals his jury conviction for possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1), possession of a firearm in violation of 18 U.S...

  • Unigard Security Insurance Company Inc v. North River Insurance Company
    4 F3d 1049
    Unigard Security Insurance Company, Inc., appeals from Judge Sweet's decision after a bench trial rejecting its late loss notice defense under a facultative reinsurance certificate with North River In...

  • Badea v. United States Parole Commission
    5 F3d 534
    MEMORANDUM John Badea appeals the district court's denial of his habeas corpus petition and the district court's order enjoining him from filing "any further lawsuits relating to his conviction, inca...

  • Wood Ivey Systems Corporation v. United States
    4 F3d 961
    Wood-Ivey Systems Corporation appeals the decision of the United States Claims Court dismissing its claim for failure to file a timely appeal. We vacate the dismissal, and remand for determination of...

  • Galuska v. Commissioner Of Internal Revenue
    5 F3d 195
    In June 1992 taxpayer Richard J. Galuska filed a petition in the Tax Court seeking a refund for overpayment of income tax for 1986. The court held that no refund was allowable, resulting in this appe...

  • United States v. E Johnson
    4 F3d 904
    Robert Earl Johnson, Charles Edwin Nottingham, Gerald Lee Carroll, and Dee Dee Romo, also known as Deidre Harrell, appeal their convictions for conspiracy to commit bank robbery, 18 U.S.C. Sec. 371 (1...

  • United States v. G Perkins P A
    4 F3d 995
    Defendants-Appellants, Donald G. Perkins, Mark Perkins and John Paul Dunn, appeal their convictions and sentences imposed pursuant to their pleas of guilty to conspiracy to distribute cocaine and mari...

  • United States v. Holland
    10 F3d 696
    Appellants, Kenneth Wayne Holland and Sevelt Kelly, were convicted of possession with intent to distribute cocaine under 21 U.S.C. Sec. 841(a)(1) (1988) and use of a firearm in relation to a drug traf...

  • Whitney Bros Co v. C Sprafkin M
    3 F3d 530
    Plaintiffs/appellees are Whitney Brothers Company ("Whitney Brothers") and Griffin M. Stabler, Whitney Brothers' president, chief executive officer and director. Defendants/appellants, David C. Spraf...

  • Madison Gas Electric Company v. United States Environmental Protection Agency
    4 F3d 529
    Section 307(b)(1) of the Clean Air Act, 42 U.S.C. Sec. 7607(b)(1), provides that petitions to review "nationally applicable regulations" issued by the Environmental Protection Agency under the Act are...

  • Midwest Commerce Banking Company v. Elkhart City Centre
    4 F3d 521
    A bankrupt partnership, Elkhart City Centre, appeals the dismissal, for failure to plead fraud with the particularity required by Fed.R.Civ.P. 9(b), of its common law fraud action against a bank (Midw...

  • United States v. Duran
    4 F3d 800
    Julio Antonio Duran was charged with committing three separate armed bank robberies, in violation of 18 U.S.C. Secs. 2113(a) and (d), and three counts of using and carrying a firearm during a crime of...

  • Black v. C Parke
    4 F3d 442
    Plaintiff-appellee Kevin R. Black brought suit against several prison officials at the Kentucky State Reformatory (KSR) under 42 U.S.C. Sec. 1983, alleging that he was deprived without due process of ...

  • Cloutier v. Adobe Systems Inc
    5 F3d 535
    MEMORANDUM Richard Cloutier, class representative for purchasers of Adobe Systems, Inc. ("Adobe") stock between March 6 and May 24, 1990, appeals the district court's grant of summary judgment in fa...

  • Fj Brushel v. Merit Systems Protection Board
    6 F3d 787
    Petitioner Anthony F.J. Brushel appeals the final decision of the Merit Systems Protection Board (Board), Dkt. No. DE315I910380B1, dismissing his appeal for lack of timeliness. We affirm. Mr. Brush...

  • Brazinski v. Amoco Petroleum Additives Company
    6 F3d 1176
    This case began as a suit for damages brought in state court by eight female workers who complained that they had been subjected to video surveillance in violation of their tort right of privacy. Arg...

  • Fisher v. City Of Detroit
    4 F3d 993
    On July 30, 1989, Detroit police officers arrived at the scene of a shooting and began investigating a homicide. On the next day, police efforts uncovered two witnesses who identified the plaintiff, ...

  • United States v. Desormeaux
    4 F3d 628
    This case appears before us for a second time on appeal. In United States v. Desormeaux, 952 F.2d 182 (8th Cir.1991), we held that the district court had erred in departing downward from the range pr...

  • Clifford v. United States Railroad Retirement Board
    3 F3d 536
    Appellant Peter Clifford seeks annuities allegedly due his mother, Dorothy Clifford, under the Railroad Retirement Act ("Act"). The Railroad Retirement Board ("Board") awarded Mrs. Clifford annuities...

  • Simmons v. Pryor
    26 F3d 650
    Robert Simmons brought this Sec. 1983 action alleging, inter alia, deprivations of his Fourth and Fourteenth Amendment rights in being arrested without probable cause. The district court granted defe...

  • Simmons v. Pryor
    9 F3d 555
    Robert Simmons brought this Sec. 1983 action alleging, inter alia, deprivations of his Fourth and Fourteenth Amendment rights in being arrested without probable cause. The district court granted defe...

  • United States v. Urbizu
    4 F3d 636
    Eduardo Urbizu pled guilty to two counts of conspiracy to possess and deliver marijuana. The district court sentenced him to 33 months of imprisonment. He appeals the district court's calculation of...

  • Hogan v. Moran
    5 F3d 536
    MEMORANDUM On January 14, 1992, police in Las Vegas, Nevada arrested Hogan in a vehicle reported stolen in Colorado. Since Hogan had five outstanding traffic violations in Nevada, he was sentenced b...

  • Meehan Seaway Service Company v. Director Office Of Workers Compensation Programs Of United States De
    4 F3d 633
    In this case, we join other circuits in holding that an award of workers' compensation benefits to an injured longshoreman may only be stayed pending appellate review upon a showing that payment would...

  • Lesmeister v. American Colloid Company Lesmeister
    4 F3d 631
    Michael Gene Lesmeister brought a wrongful termination action against American Colloid Company asserting American Colloid terminated him without cause in violation of his employment agreement. Americ...

  • Braga v. Department Of Army
    6 F3d 787
    Petitioner Ceasar Braga appeals from the final remand decision of the Merit Systems Protection Board (MSPB or board), Docket No. BN0432910298B1, dated November 17, 1992, which affirmed the action of t...

  • Coontz v. W McMackin
    4 F3d 993
    Petitioner Harry L. Coontz appeals the partial denial of his petition for writ of habeas corpus. On appeal, Coontz argues that there is (1) insufficient evidence to support his conviction for the Mar...

  • United States v. Lin
    5 F3d 544
    MEMORANDUM Following a jury trial, Yi-Hai Lin was convicted of using an altered passport. Lin asserts the conviction is based on insufficient evidence and tainted by violations of the Fifth Amendmen...

  • United States v. Markum
    4 F3d 891
    William C. Devinney, Oklahoma City, OK, for defendant-appellant. Ted A. Richardson, Asst. U.S. Atty. (Joe Heaton, U.S. Atty., with him on the brief), Oklahoma City, OK, for plaintiff-appellee. Be...

  • Alexander v. F Taylor
    5 F3d 534
    MEMORANDUM David Lee Alexander, a federal prisoner, timely appeals the district court's denial of his petition for writ of habeas corpus, 28 U.S.C. Sec. 2241. We have jurisdiction pursuant to 28 U.S...

  • Raziano v. United States
    999 F2d 1539
    In district court the government unsuccessfully sought to bar this action against it by asserting the Suits in Admiralty Act's ("SAA") statute of limitations. The issue in this interlocutory appeal ...

  • United States v. Darmand
    3 F3d 1578
    Mark Lynford Darmand appeals from his sentence of ten years' imprisonment for conspiracy to possess with intent to distribute and to distribute cocaine, in violation of 21 U.S.C. Sec. 841(a)(1) and 84...

  • Woods v. Lewis
    5 F3d 544
    MEMORANDUM Leroy Woods appeals the district court's denial of his petition for writ of habeas corpus brought under 28 U.S.C. Sec. 2254 (1988). We affirm. Woods was convicted in Arizona state court...

  • Blake v. Sohr
    4 F3d 984
    Jack Blake appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983 (1988). Our review of the record and the district court's opinion discloses that this appeal is without mer...

  • New v. Department
    4 F3d 882
    The New Mexico Department of Human Services (NMDHS) petitions for review of a final decision of the Secretary of Health and Human Services affirming the disapproval, by the Health Care Financing Admin...

  • United States v. Delgado
    4 F3d 780
    Modesto Delgado was convicted of engaging in a continuing criminal enterprise in violation of 21 U.S.C. Sec. 848(c)(2), conspiracy to distribute cocaine, unlawful use of a communication facility, and ...

  • United States Of America v. Best
    4 F3d 986
    Bernard Deon Best appeals the sentence imposed on him in November 1990 following his guilty plea to conspiracy to possess crack cocaine with intent to distribute, 21 U.S.C.A.Sec. 846 (West Supp. 1993)...

  • Knox Hagberg v. Lederle Laboratories A Division Of American Cyanamid Company
    4 F3d 875
    Appellant Wyeth Laboratories brings this interlocutory appeal pursuant to 28 U.S.C. Sec. 1292(b) (1988) from the denial of its motion for summary judgment on grounds of claim preclusion. We affirm. ...

  • Novak v. Purkett
    4 F3d 625
    Kenneth Novak appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. We affirm. Novak is serving a ten-year sentence for the 1981 kidnapping of his est...

  • United States v. Mullins
    4 F3d 898
    Jerome Kerney, Asst. Federal Public Defender (William P. Earley, Asst. Federal Public Defender, on the brief), Oklahoma City, OK, for defendant-appellant. Ted A. Richardson, Asst. U.S. Atty. (Joe H...

  • McLane v. Mercedes Benz Of North America Inc E McLane
    3 F3d 522
    Appellant Stephen E. McLane, General Partner of Auto Engineering Limited Partnership ("Auto Engineering"), challenges the district court's decisions both to deny his motion for a preliminary injunctio...

  • United States v. Miller Jc
    4 F3d 792
    After a trial resulting in acquittals on several counts and a hung jury on the remaining counts, the district court dismissed all counts except those in which a majority of the jurors voted to convict...

  • United States v. Truss
    4 F3d 437
    The issue presented is whether, after revoking supervised release, the district court has the authority under 18 U.S.C. Sec. 3583(e) to sentence defendant to a term of imprisonment and to order a new ...

  • Arrieta Agressot v. United States
    3 F3d 525
    The six appellants in this case were convicted in the district court in Puerto Rico of possession of marijuana with intent to distribute while on board a vessel subject to the jurisdiction of the Unit...

  • Van Vliet v. Brown
    6 F3d 786
    Mary J. Van Vliet, appellant, seeks review of a January 13, 1993, decision of the United States Court of Veterans Appeals (CVA), No. 92-1325, which denied appellant's appeal of a March 5, 1991, decisi...

  • Ag Edwards v. United States
    9 F3d 978
    A.G. Edwards, Jr. submits a motion to amend his complaint to add additional defendants. We sua sponte consider whether this court has jurisdiction over Edwards' appeal. On August 10, 1992, Edwards ...

  • United States v. Bachsian
    4 F3d 796
    A jury convicted Arik Ben Bachsian of one count of possession of stolen goods from interstate commerce, in violation of 18 U.S.C. Sec. 659. Bachsian was sentenced to a term of twelve months and order...

  • White v. Demosthenes
    5 F3d 544
    MEMORANDUM Russell Lee White appeals pro se the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254. In March 1984, White pleaded guilty to second-degree mu...

  • United States Of America v. D Osborne
    4 F3d 987
    James D. Osborne entered a guilty plea to conspiracy to distribute marijuana and oxycodone ("Tylox") in violation of 21 U.S.C.A. Sec. 846 (West Supp. 1993). He appeals the fifty-one month sentence he...

  • United States v. Singh
    5 F3d 543
    MEMORANDUM Defendant Jaspal Singh was indicted in eight counts of bribery of a public official, in violation of 18 U.S.C. Sec. 201(b)(1)(c). Singh was arrested as part of a bribery investigation con...

  • United States Of America v. Ames
    4 F3d 986
    Lamont David Ames appeals the sentence imposed on him after he pled guilty to possession of crack cocaine with intent to distribute in violation of 21 U.S.C.A. Sec. 841 (West 1981 & Supp. 1993). ...

  • United States v. Acosta
    5 F3d 540
    MEMORANDUM Guadalupe Acosta, Jesus Mariscales, Luis Fierro, and Manuel Ruiz Alvarez appeal their convictions and sentences under the Sentencing Guidelines for conspiracy to distribute cocaine, in vio...

  • United States Of America v. Mayers
    4 F3d 987
    Carl Kofi Mayers was convicted by a jury of conspiracy to possess with intent to distribute a kilogram or more of heroin, 21 U.S.C.A. Sec. 846 (West Supp. 1992), and possession of a kilogram or more o...

  • United States Of America v. R Phillips
    4 F3d 988
    Appellant Steven R. Phillips challenges his conviction and sentence in the United States District Court for the Western District of North Carolina. Finding no merit in his arguments, we affirm. Ste...

  • Arbour v. Jenkins Jt Arbour
    4 F3d 993
    Plaintiff Sheila Arbour brought this wrongful death action on behalf of her husband, Victor Arbour ("Arbour"), a former employee of the United States Postal Service in Detroit. Arbour v. Jenkins, 713...

  • Lakes v. C R Smith B
    4 F3d 985
    Curtis Lakes appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983 (1988). Our review of the record and the district court's opinion accepting the recommendation of the mag...

  • United States Of America v. Thomas
    4 F3d 988
    Jerry Thomas appeals from his sentence following conviction by jury trial of mailing a communication threatening to take the life of the President. 18 U.S.C. Sec. 871 (1988). Because the district co...

  • United States v. Harris
    5 F3d 541
    Before: REINHARDT and LEAVY, Circuit Judges, and MERHIGE, Senior District Judge. MEMORANDUM Jerry Harris appeals from the district court's denial of his motion to vacate, set aside, or correct sen...

  • United States v. Gianforte
    5 F3d 541
    Appeal from the United States District Court for the District of Arizona, D.C. No. CR-90-00303-EHC; Earl H. Carroll, District Judge, Presiding. D.Ariz. AFFIRMED. Before: HUG, PREGERSON, WIGGIN...

  • Thornton v. Office Of The Clerk
    4 F3d 986
    Douglas Henry Thornton, a federal prisoner, appeals the district court's summary dismissal of his Bivens action, pursuant to 28 U.S.C. Sec. 1915(d) (1988), against the clerks of this Court and of the ...

  • Solesbee v. S Lindler
    4 F3d 986
    Leon Ray Solesbee, Jr., appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983 (1988). Our review of the record and the district court's opinion accepting the recommendation...

  • United States Of America v. Forde
    4 F3d 986
    Beverly Forde appeals from her convictions for conspiring to distribute cocaine in violation of 21 U.S.C.A. Sec. 846 (West Supp. 1993) and for conducting a continuing criminal enterprise ("CCE") in vi...

  • Freund v. Immigration and Naturalization Service
    5 F3d 536
    MEMORANDUM Appellant Pierre Freund argues that the district court erred in denying his habeas petition and affirming the exclusion order of the Board of Immigration Appeals (BIA) because: 1) the law...

  • Huntley v. Allen S Huntley
    4 F3d 985
    David Lee Huntley appeals from the district court's orders denying relief on his 42 U.S.C. Sec. 1983 (1988) complaints. Our review of the records and the district court's opinions discloses that thes...

  • United States Of America v. D Agerton
    4 F3d 986
    Jack D. Agerton, Jr., entered a guilty plea to conspiracy to distribute cocaine and to possess cocaine with intent to distribute, 21 U.S.C.A. Sec. 846 (West Supp. 1993). He appeals his sentence, alle...

  • United States v. Walker
    4 F3d 995
    Defendant Joseph Franklin Walker appeals his conviction of escaping from a halfway house, in violation of 18 U.S.C. Sec. 751(a). The issues are whether the district court erroneously: (1) admitted e...

  • United States Of America v. Gottlieb
    4 F3d 987
    Stanley Herbert Gottlieb entered a guilty plea to one count of wire fraud, 18 U.S.C.A. Sec. 1343 (West Supp. 1993). He appeals his fifteen-month sentence on the ground that the district court imprope...

  • United States Of America v. Juvenile Male Number One
    4 F3d 987
    On November 22, 1991, Defendant pled guilty to four counts of an information charging him with breaking and entering and larceny on the Cherokee Indian Reservation in western North Carolina. He was p...

  • Peck v. Tegtmeyer
    4 F3d 985
    Joan Peck appeals the district court's grant of summary judgment for C.J. Tegtmeyer, M.D., in Peck's claim against him under the Virginia Medical Malpractice Act (Act), Va. Code Secs. 8.01-581.1 to-5...

  • United States v. Schmidt
    5 F3d 543
    Appeal from the United States District Court for the Eastern District of California, D.C. No. CV-92-00320-1kk; Lawrence K. Karlton, District Judge, Presiding. E.D.Cal. AFFIRMED. Before: HUG an...

  • Moody v. McFadden
    5 F3d 538
    MEMORANDUM Minor Moody, an Arizona state prisoner, appeals pro se the district court's order dismissing his 42 U.S.C. Sec. 1983 prisoner civil rights action. We have jurisdiction under 28 U.S.C. Sec...

  • Juarez Martinez v. Immigration and Naturalization Service
    5 F3d 537
    Petition for Review of an Order of the Board of Immigration Appeals, Board of Immigration Appeals Docket No. Abt-dkn-elm. I.N.S. AFFIRMED. Before: HUG and LEAVY, Circuit Judges and REAL, Chief ...

  • United States Of America v. Melvin
    4 F3d 987
    Samuel Melvin, Sr., appeals the career offender sentence imposed on him pursuant to guideline section 4B1.1 following his guilty plea to bank robbery, 18 U.S.C.A. Sec. 2113(a) (West Supp. 1993). We a...

  • United States v. K Thatcher
    4 F3d 998
    Pursuant to the terms of a plea agreement, on June 12, 1992, Donald K. Thatcher ("Thatcher") pled guilty to count one of a two-count indictment charging him with manufacturing marijuana in violation o...

  • Higgins v. L Reese
    4 F3d 985
    Paul Higgins seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254 (1988). Our review of the record and the district court's opinion discloses that ...

  • Sadelmi Joint Venture v. H Dalton
    5 F3d 510
    Sadelmi Joint Venture ("Sadelmi JV") appeals the decision of the Armed Services Board of Contract Appeals dismissing Sadelmi JV's appeal on jurisdictional grounds, for failure properly to certify the ...

  • Levy v. County Of Fairfax
    4 F3d 985
    Charles William Levy appeals from the district court's order dismissing Levy's Complaint against the County of Fairfax. Our review of the record and the district court's reasoning announced from the ...

  • Kelly v. City Of Chicago
    4 F3d 509
    The City of Chicago revoked a bar's liquor license based on a pending criminal prosecution for drug activity at the bar. After being acquitted in a criminal trial, the bar's owners and others implica...

  • United States v. Colon
    4 F3d 986
    Hector Luis Colon was convicted by a jury on one count of conspiring to possess with intent to distribute, and conspiring to actually distribute, crack cocaine in violation of 21 U.S.C.A. Secs. 841(a)...

  • United States Kelly v. Boeing Company
    9 F3d 743
    This appeal presents several constitutional challenges to the qui tam provisions of the False Claims Act, 31 U.S.C. Secs. 3729 et seq. The question of the constitutionality of the qui tam provisions ...

  • United States v. Zelda D Braswell
    4 F3d 986
    These cases have been consolidated for purposes of appeal. In No. 92-6619, Zelda D. Braswell filed a premature notice of appeal. Because there was no judgment or order in the district court, this co...

  • Imperial Irrigation District v. United States Environmental Protection Agency
    4 F3d 774
    Imperial Irrigation District ("Irrigation District") petitions for review of a "Finding of Imminent and Substantial Endangerment to the Health of Persons and Administrative Order" entered against it b...

  • United States v. Echols
    2 F3d 849
    Antoine Echols appeals the 168-month sentence the district court imposed after the jury found Echols guilty of distributing cocaine base and possessing a firearm during the commission of a drug traffi...

  • Tur v. Federal Aviation Administration
    4 F3d 766
    On September 27, 1991, respondent James B. Busey (Administrator) issued an emergency order revoking petitioner Robert Albert Tur's Commercial Pilot Certificate on the basis of a finding that petitione...

  • State Of Illinois v. E Shalala
    4 F3d 514
    The Secretary of Health and Human Services determined that two amendments to the Illinois Medicaid plan violated a federal Medicaid regulation requiring advance publication of notice of significant ch...

  • United States v. Jones
    5 F3d 542
    MEMORANDUM In these companion cases, Fred Jones, Jr., and Roslyn D. Harris pleaded guilty to conspiracy to defraud the United States, in violation of 18 U.S.C. Sec. 286. Jones and Harris appeal the ...

  • Sailor v. Hubbell Incorporated
    4 F3d 323
    Plaintiff William Sailor appeals the district court's dismissal, after a bench trial, of his claims against his former employer, Hubbell Incorporated ("Hubbell"), under the Age Discrimination in Emplo...

  • Reynolds v. Contreras
    5 F3d 539
    Appeal from the United States District Court for the District of Arizona; No. CV-89-00716-WDB, William D. Browning, District Judge, Presiding. D.Ariz. AFFIRMED. Before: D.W. NELSON and NORRIS,...

  • Furtick v. Luna
    4 F3d 985
    Don C. Furtick appeals from the district court's order entered in accordance with a jury verdict in favor of Defendant in this 42 U.S.C. Sec. 1983 (1988) action. After a thorough review of the record...

  • Sanders v. Secretary Of The Treasury
    5 F3d 539
    Appeal from the United States District Court for the Eastern District of California; No. CV-89-00719-JFM, John F. Moulds, Magistrate, Presiding. E.D.Cal. AFFIRMED. Before: D.W. NELSON, and NOR...

  • United States v. Jeffers
    4 F3d 987
    Dwight Jeffers entered a guilty plea to being a felon in possession of a firearm, 18 U.S.C.A. Sec. 922(g)(1) (West Supp. 1993). The district court sentenced him as an armed career criminal pursuant t...

  • United States v. Armijo
    5 F3d 1229
    Victor Manuel Lee Armijo appeals his conviction following a jury trial for distribution of cocaine in violation of 21 U.S.C. Sec. 841(a)(1) (1988). He contends that the district court erred by (1) ad...

  • Mustafa v. Us Immigration and Naturalization Service
    4 F3d 985
    Sayd Mustafa appeals from a decision of the Board of Immigration Appeals ("BIA"), affirming the decision of the Immigration Judge ("IJ") ordering deportation and denying Mustafa's applications for asy...

  • Advanced Resources International Incorporated v. Tri Star Petroleum Company
    4 F3d 327
    Plaintiff-appellant Advanced Resources Inc. (ARI) brought two actions seeking preliminary and permanent injunctions to enjoin Tri-Star Petroleum Company (Tri-Star) and James H. Butler (Butler) from f...

  • United States v. Baker
    4 F3d 622
    Debbie Ann Baker pled guilty to one count of possession with intent to deliver cocaine. The district court sentenced her to five years of probation, and the government appealed. We reverse and reman...

  • Frances Wardlaw Klugh v. United States W K
    4 F3d 988
    Frances M. Wardlaw appeals the district court's order dismissing his claims challenging the validity of condemnation proceedings against certain property in South Carolina. We dismiss the appeal for ...

  • Stevens v. Fh McHan Adc
    3 F3d 1204
    This is a 42 U.S.C. Sec. 1983 action. The district court found that prison official F.H. McHan violated prisoner Greg Stevens's procedural due process rights and awarded Stevens damages of $500 per d...

  • Penberthy v. United States Environmental Protection Agency
    5 F3d 538
    Penberthy appeals from the Environmental Protection Agency's (EPA) denial of his petition for administrative review of EPA Region X's action denying his hazardous waste treatment permit application. ...

  • United States v. Summers
    4 F3d 988
    Kenneth Lee Summers appeals the sentence imposed by the district court after his guilty plea to conspiracy to possess crack cocaine with intent to distribute, 21 U.S.C.A. Sec. 846 (West Supp. 1993), a...

  • Woolf v. E Shalala
    3 F3d 1210
    Glenna R. Woolf appeals from the district court's order affirming the decision of the Secretary of Health and Human Services ("Secretary") to deny Woolf disability benefits. We affirm. Woolf filed ...

  • Butler v. Leen S
    4 F3d 772
    Robert Burdett Butler appeals pro se the order dismissing with prejudice his 42 U.S.C. Sec. 1983 action for damages and injunctive relief from a claim of a conspiracy between his defense counsel and t...

  • Beach v. G E Currie
    4 F3d 984
    Devon S. Beach seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254 (1988). Our review of the record and the district court's opinion discloses tha...

  • Dandrea v. United States
    6 F3d 786
    The United States Court of Federal Claims dismissed Eugene M. D'Andrea's claim for back pay and reinstatement in the United States Air Force Reserve. D'Andrea v. United States, No. 92-5C, slip op. (...

  • United States v. Melo
    4 F3d 982
    Teodoro Samuel Melo pled guilty to distributing and possessing with intent to distribute cocaine. He is now challenging the sentence imposed on him by the district court. We affirm. After pleading...

  • Muckle v. Lotus Development
    4 F3d 982
    The appellant, Paul Muckle, appeals from a judgment of the district court dismissing his complaint. We vacate and remand. In August 1991, Muckle filed a civil rights complaint against his former em...

  • Waters v. Gaddy
    4 F3d 982
    Pro-se appellant Philip Waters appeals the district court dismissal of his claims to have been injured in violation of state and federal civil rights laws, as well as of state tort law. The injuries ...

  • McDaughtery v. United States
    5 F3d 537
    MEMORANDUM Lesester D. McDaughtery appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate his sentence. After a jury trial, he was sentenced under the Sentencing Guid...

  • United States v. Nunez
    5 F3d 543
    Before: NORRIS and RYMER, Circuit Judges, and TAYLOR, District Judge. MEMORANDUM All three defendants appeal following their convictions for cultivating marijuana and conspiracy. We affirm as to ...

  • Jarmusik v. Merit Systems Protection Board
    6 F3d 786
    Alex J. Jarmusik petitions for review of the October 30, 1992 decision of the Administrative Judge (AJ), No. PH0752920591-I-1, dismissing for untimeliness his appeal of the decision by the Department ...

  • Burgess v. J Andrews
    4 F3d 984
    Albert Charles Burgess, Jr., appeals from the district court's orders denying Burgess's numerous pretrial motions. We dismiss the appeal for lack of jurisdiction because the orders are not appealable...

  • United States v. E Frazer
    4 F3d 982
    Appellant, James Frazer, pled guilty to a fourteen count indictment charging conspiracy to commit and the commission of bank fraud in violation of 18 U.S.C. Secs. 371 & 1344. He was sentenced to ...

  • Gillis v. Hoechst Celanese Corporation
    4 F3d 1137
    Leonard Gillis and Valdo Sargeni ("plaintiffs") are former employees of the Hoechst Celanese Corporation ("Hoechst"). They allege that Hoechst and the Hoechst Celanese Retirement Plan ("Hoechst Retir...

  • Caple v. United States Postal Service
    6 F3d 786
    David H. Caple petitions for review of the July 22, 1992 decision of the Administrative Judge (AJ) in three consolidated appeals before the Merit Systems Protection Board (MSPB or Board): Docket Nos....

  • McCright v. Jc Simms Jc D
    5 F3d 537
    MEMORANDUM Colvin McCright, a California state prisoner, appeals pro se the district court's summary judgment in favor of the defendants, various San Quentin Prison officials, in his 42 U.S.C. Sec. 1...

  • United States v. McGee
    5 F3d 542
    MEMORANDUM David Anthony McGee appeals from his conviction for one count of conspiracy to counterfeit obligations of the United States; one count of possession of counterfeit obligations in violatio...

  • Brock v. Logan County Sheriffs Department Of Arkansas
    3 F3d 1215
    Jack L. Brock, an Oklahoma inmate, appeals from the magistrate judge's grant of summary judgment in favor of defendant in his 42 U.S.C. Sec. 1983 action. We affirm. Brock sued the Logan County Sher...

  • Pedroza v. Department Of Army
    6 F3d 786
    Francisco Pedroza petitions for review of the July 16, 1992 initial decision of the Administrative Judge (AJ), Docket No. DA-0752-91-0726-C-1, denying his petition to enforce a settlement agreement be...

  • Dutton v. Wolpoff and Abramson
    5 F3d 649
    Appellant, the law firm of Wolpoff and Abramson (the "law firm"), appeals an order of the United States District Court for the District of Delaware. By that order, the district court entered judgment...

  • United States v. Brooks
    4 F3d 986
    Leonard Maurice Brooks was convicted by a jury of conspiracy to possess cocaine base (crack) with intent to distribute, 21 U.S.C.A. Sec. 846 (West Supp. 1993), possession of cocaine base with intent t...

  • United States v. Bisbee
    5 F3d 541
    MEMORANDUM Before D.W. NELSON and NORRIS Circuit Judges, and TANNER, District Judge. Charles Bisbee ("Bisbee") pled guilty to one count of mail fraud in violation of 18 U.S.C. Sec. 1341 and one cou...

  • United States v. Wheeler
    4 F3d 988
    Following a guilty plea, Frazer Arthur Wheeler was convicted on two counts of transporting stolen airplanes in interstate commerce in violation of 18 U.S.C. Sec. 2 (1988) and 18 U.S.C.A. Sec. 2312 (We...

  • United States v. Jones
    4 F3d 987
    Gary Clayton Jones entered a guilty plea to a charge of being a felon in possession of a firearm, 18 U.S.C.A. Sec. 922(g)(1) (West Supp. 1993). He appeals the sentence imposed by the district court, ...

  • Franceschi v. City Of Seal Beach
    5 F3d 536
    MEMORANDUM Ernest Franceschi, an attorney, appeals pro se from the district court's grant of summary judgment to the City of Seal Beach, California and the Seal Beach Police Department in his action ...

  • Carrasco Aragon v. United States
    5 F3d 535
    Federal prisoner Carrasco-Aragon appeals from the district court's denial, without an evidentiary hearing, of his second post-conviction collateral attack. He contends that the grand jury that indict...

  • United States v. G Garcia
    5 F3d 541
    Garcia was convicted of possessing cocaine and marijuana with intent to distribute, in violation of 21 U.S.C. Sec. 841(a)(1). The district court had jurisdiction under 18 U.S.C. Sec. 3231. We have j...

  • United States v. D Standish
    3 F3d 1207
    A jury convicted Neil D. Standish of second-degree murder, arson, and as an accessory after the fact in connection with the brutal murder of Leonard Yellow Face outside Yellow Face's home in New Town,...

  • Associated Builders and Contractors Inc Abc v. Macdonald
    5 F3d 534
    MEMORANDUM 1. Attorney's Fees Pursuant to 42 U.S.C. Sec. 1988 Under 42 U.S.C. Sec. 1988, "[c]ourts have discretion to award reasonable attorneys' fees to the prevailing party in a section 1983 acti...

  • Nutter v. Monongahela Power Company Monongahela Power Company
    4 F3d 319
    The Monongahela Power Company seeks review, both on appeal and by petition for writ of mandamus, of the district court's determination that neither Sec. 514(a) of the Employee Retirement Income Securi...

  • Walter Thosti Boswau Ag v. Pw Stone
    6 F3d 786
    Walter-Thosti-Boswau AG (WTB) appeals from the decision by the Armed Services Board of Contract Appeals (board), Walter-Thosti-Boswau AG v. Secretary of the Army, ASBCA No. 37973, 92-2 B.C.A. (CCH) p...

  • United States v. Grisanti
    4 F3d 173
    The United States appeals the district court's dismissal of two counts of a five-count indictment charging defendant with criminal contempt and witness tampering. For the reasons given below, we reve...

  • Curro v. United States
    4 F3d 436
    William Joseph Curro, a pro se prisoner, is appealing from the district court's denial of his habeas corpus petition. For the reasons given below, we affirm the district court. * Curro was convicte...

  • Ct Doughty v. Aurora Towing
    5 F3d 535
    MEMORANDUM Aurora Towing, Inc. ("Aurora") appeals from the judgment awarding C.T. Doughty $5,500.00 in damages for conversion. Doughty brought an action in pro se in the Alaska district court, alle...

  • Swanson v. Babbitt
    3 F3d 1348
    The major issue presented by this case is whether the provisions of the Sawtooth National Recreation Area Act, 16 U.S.C. Sec. 460aa et seq., preclude the issuance of mill site patents, even though the...

  • Humphrey v. Prudential Securities Incorporated
    4 F3d 313
    William T. Humphrey filed a complaint against Prudential Securities Incorporated, Prudential-Bache Properties, Inc., and Richard W. Johnson, a Prudential agent, (collectively, the "Prudential Defendan...

  • Cushing v. City Of Chicago J
    3 F3d 1156
    Edward Cushing brought this suit under 42 U.S.C. Sec. 1983, alleging the defendants had deprived him of property without due process of law in violation of the Fourteenth Amendment. The district cour...

  • United States v. Clagett
    3 F3d 1355
    Kenneth Alan Clagett appeals pro se the decision of the district court denying his Fed.R.Crim.P. 41(e) motion for return of $14,700 seized from the house where Clagett was arrested in 1989. The distr...

  • Kroll v. Doctors Associates Inc H
    3 F3d 1167
    Doctor's Associates, Inc. (DAI), co-owned by Peter H. Buck and Frederick DeLuca, is the national franchisor of "Subway" sandwich shops. Appellee Jeffrey Wilhelm is a "development agent" for DAI. In...

  • Nwolise v. Us Immigration and Naturalization Service
    4 F3d 306
    Johnmark Okey Nwolise petitions for review of an order of the Board of Immigration Appeals (the Board) denying his motion to reopen his deportation proceeding. Nwolise moved to reopen his case in ord...

  • United States America v. Cucci
    4 F3d 986
    Vittorio (Victor) Cucci and Joseph Covello were convicted of conspiracy to distribute more than 500 grams of cocaine in violation of 21 U.S.C. Sec. 846, and Cucci was additionally convicted of two cou...

  • Grewe v. United States
    4 F3d 299
    The issue presented in this appeal focuses on which statute governs the attorneys' fee request of the appellees, Henry and Cathy Grewe (the Grewes). The district court, in adopting the recommendation...

  • Lowenstein v. United States
    6 F3d 786
    Stanley Lowenstein appeals from the order of the United States Claims Court (No. 586-88T, Oct. 30, 1992) denying his motion for summary judgment that he was entitled to a larger income tax refund for ...

  • Odom v. Estelle
    5 F3d 538
    MEMORANDUM William Grant Odom, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his state conviction for possessing stole...

  • United States v. Salman
    5 F3d 543
    MEMORANDUM In this pre-Guidelines case, Albert Salman appeals pro se his conviction following entry of a guilty plea to counterfeiting in violation of 18 U.S.C. Sec. 471. Salman contends the distric...

  • United States v. M Eliason
    3 F3d 1149
    The defendant, James Max Eliason, pled guilty to a conspiracy to transport stolen vehicles in interstate commerce in violation of 18 U.S.C. Secs. 2312, 2313. In his plea agreement, Eliason reserved t...

  • United States v. W Henry
    2 F3d 792
    This appeal raises a single issue for our review: whether the prosecutor's statements during closing argument deprived the defendant of a fair trial. After reviewing the record and the applicable la...

  • United States v. Dempsey
    5 F3d 541
    MEMORANDUM William Joel Dempsey appeals the district court's order dismissing, without prejudice, an indictment under the Speedy Trial Act (STA), 18 U.S.C. Sec. 3161(b). Dempsey was charged with esc...

  • United States v. L
    4 F3d 982
    Jorge Labrada was charged in count I of a six-count indictment of conspiring with Rudolfo and Augustine Benito to possess cocaine with intent to distribute. 21 U.S.C. Secs. 841(a)(1), 846. The other...

  • United States v. Frye
    4 F3d 997
    In May 1992 defendant Gerald "Chris" Frye was named in a two-count indictment. The first charged him with armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) and (d), and the second charged him...

  • Austin v. Rjr Nabisco Incorporated E Austin
    4 F3d 984
    The present case arises under the civil enforcement provisions of the Employment Retirement Income Security Act (ERISA), 29 U.S.C. Sec. 1132. Rodney Austin, an inactive senior employee of RJR Nabisco...

  • Sheet Metal Workers Local Union No v. Ef Etie Sheet Metal Co
    1 F3d 1464
    A former member of a multi-employer bargaining association sues the association and the union it dealt with for antitrust violations, breach of fiduciary duty, and common law fraud, all part of an ass...

  • Perlmutter v. United States Gypsum Co Wr
    4 F3d 864
    United States Gypsum Company appeals a jury award for negligence and failure to warn in selling an asbestos-containing acoustical plaster to Plaintiffs. USG contends that the trial court erred in sev...

  • United States v. Tapia Perez
    5 F3d 543
    Appeal from the United States District Court for the District of Oregon, No. CR-91-374; Robert E. Jones, District Judge, Presiding. D.Or. AFFIRMED. Before: PREGERSON and KLEINFELD, Circuit Jud...

  • United States v. Martin
    4 F3d 757
    Howard Weldon Martin appeals his jury convictions for conspiring to possess more than 100 grams of methamphetamine with intent to distribute, in violation of 21 U.S.C. Secs. 841(a) and 846, and for ai...

  • Sylling v. Westinghouse Corporation
    5 F3d 540
    MEMORANDUM Sylling appeals the district court's dismissal of his antitrust action against Westinghouse and its subsidiary distributors for predatory pricing. His claims under Sec. 2 of the Robinson-...

  • United States America v. Stewart
    4 F3d 988
    Michael Wayne Stewart appeals from the district court's order revoking the remainder of his six-year supervised release term pursuant to the mandatory revocation provisions of 18 U.S.C.A. Sec. 3583(g)...

  • United States v. Swanson
    5 F3d 543
    MEMORANDUM Stanley Swanson appeals his convictions after entry of conditional guilty pleas to two counts manufacturing marijuana in violation of 21 U.S.C. Sec. 841(a)(1). Swanson contends the distri...

  • United States v. Barraza Martinez
    5 F3d 540
    MEMORANDUM Ramon Barraza-Martinez appeals his 66-month sentence following entry of a guilty plea to illegal reentry into the United States in violation of 18 U.S.C. Sec. 1326(a). Pursuant to Anders ...

  • United States America v. B Jacobson Md
    4 F3d 987
    Following trial by jury, Cecil B. Jacobson, Jr., M.D., was convicted of fifty-two counts of fraud and perjury stemming from a scheme to cozen patients at his fertility clinic. His direct appeal prese...

  • National Union Fire Insurance Company Of Pittsburgh Pa v. F Sahlen R H
    999 F2d 1532
    Petitioners, officers and directors of Sahlen & Associates, Inc. ("SAI"), appeal the rescission of their Officers and Directors Liability Insurance Policy. The district court declared the polic...

  • United States v. Barnes
    5 F3d 540
    MEMORANDUM Anthony Michael Barnes appeals his convictions, following a jury trial, for four counts of attempting to evade income taxes and two counts of willfully failing to file a tax return in viol...

  • United States v. D Pirello
    5 F3d 543
    MEMORANDUM In these consolidated appeals, Michael Pirello appeals his sentence imposed following guilty pleas to two counts of being a felon in possession of a firearm in violation of 18 U.S.C. Sec. ...

  • United States v. C Ballentine
    4 F3d 504
    On May 30, 1991, officers of the Indian Shores Police Department in Pinellas County, Florida were instructed to assist a woman in the removal of her personal belongings from a local apartment. Once i...

  • United States v. Black
    4 F3d 986
    John Seaton Black pled guilty to the unlawful receipt of an unregistered weapon, a sawed-off shotgun, in violation of 26 U.S.C.A. Sec. 5861(d) (West 1989). He reserved the right to appeal the distric...

  • Evans Iii v. Jumao As
    4 F3d 996
    Isiah Evans, a federal prisoner, brought two actions in the district court, alleging that Medical Officer Jumao-as had violated his constitutional rights by substituting Ibuprofen with Tylenol. He fi...

  • Evans Iii v. Bureau Of Prisons L
    4 F3d 996
    Isiah Evans, III, a federal prisoner, brought a Bivens action and a tort claim against the Bureau of Prisons and Gary Henman, the Warden at the United States Penitentiary at Marion, Illinois. Evans a...

  • Palder v. Department Of The Treasury
    6 F3d 786
    Arnold J. Palder appeals the initial decision of the Merit Systems Protection Board, No. PH0752920217-I-1 (May 7, 1992), affirming his removal from the Internal Revenue Service for conduct in violatio...

  • Cross v. City Of Chicago
    4 F3d 996
    As a result of being arrested at Hyde Park Career Academy and temporarily held in a police wagon, Danny C. Cross sued the City of Chicago and the arresting officer, Robert J. Faulkner, under 42 U.S.C....

  • Rossell v. P McFadden
    5 F3d 539
    MEMORANDUM Jose L. Admiral Rossell, an Arizona state prisoner, appeals pro se the denial of his motion for reconsideration of the district court's dismissal of his 28 U.S.C. Sec. 2254 petition. We h...

  • Cenlin Taiwan Ltd v. Centon Ltd Na
    5 F3d 354
    In this diversity case under Washington law, Cenlin Taiwan Ltd. appeals the district court's summary judgment in favor of the Bank of California ("BankCal"). Cenlin primarily argues BankCal improperl...

  • American States Insurance Company v. Crawley Construction Inc
    5 F3d 534
    MEMORANDUM Appellant Crawley Construction, Inc. ("Crawley") appeals the district court's grant of summary judgment to American States Insurance Co. ("American States") in this action brought by Ame...

  • Baltimore Teachers Union American Federation Of Teachers v. Mayor and City Council Of Baltimore
    6 F3d 1012
    In response to budgetary shortfalls, Baltimore City implemented a plan under which it ultimately reduced the annual salaries of its employees by approximately 1%, through deductions from five of their...

  • Witty v. S Dukakis S
    3 F3d 517
    After failing to strike while the iron was hot, appellants invited the district court to overlook their lassitude and award them attorneys' fees under 42 U.S.C. Sec. 1988. The district court demurred...

  • United States v. Graham
    4 F3d 987
    Willie Graham appeals from his conviction for escape from the custody of the Attorney General, in violation of 18 U.S.C. Sec. 751(a) (1988). Finding no error, we affirm. Graham, committed to the cu...

  • United States v. Hamell
    3 F3d 1187
    While attempting to stop an automobile for running a stop sign, a police officer saw three men later identified as Gary Hamell, Raymond Amerson, and Gerald Hopkins (the defendants) throw handguns out ...

  • United States v. Martinez
    3 F3d 1191
    Reed A. Rasmussen, Aberdeen, SD, argued, for appellant. Ted L. McBride, Asst. U.S. Atty., Pierre, SD, argued (Philip N. Hogen, U.S. Atty., on the brief), for appellee. Before MAGILL, Circuit Judge...

  • Minn Dak Farmers Cooperative Employees Organization v. Minn Dak Farmers Cooperative
    3 F3d 1199
    Minn-Dak Farmers Cooperative Employees Organization, a/k/a American Federation of Grain Millers, Local 405, appeals from a district court order dismissing its declaratory judgment action against Minn-...

  • United States v. P Kills Enemy
    3 F3d 1201
    Gerard Kills Enemy appeals his conviction for possession of cocaine with intent to distribute, 21 U.S.C. Sec. 841(a)(1) (1988). While Kills Enemy was subject to a pre-sentence release order relating ...

  • United States v. Williams
    4 F3d 988
    In this action, Rodney Hank Williams sought credit against his federal sentence for time spent in state confinement. The district court dismissed the action for want of administrative exhaustion, fin...

  • United States v. P Williams
    2 F3d 363
    Jon Williams appeals from a district court order that revoked eighteen months of the three-year term of supervised release he was then serving and sentenced him to an eighteen-month term of imprisonme...

  • United States v. P Drogoul
    1 F3d 1546
    This interlocutory appeal stems from a pretrial dispute in the government's prosecution of appellee Christopher Drogoul. The sole question before us is whether the district court abused its discretio...

  • Hull v. Quitman County Board Of Education
    1 F3d 1450
    When the school board of Quitman County, Mississippi, voted unanimously to close its only remaining public school with a significant white student population, both black and white parents of students ...

  • Mbank Houston National Association v. Armco Inc Deposit Insurance Bridge Bank Awh I
    1 F3d 1439
    These appeals arise from a "build-to-suit" transaction in which A.W.H.-I, Ltd. ("AWH") constructed an office building complex in Houston, Texas ("the Enclave"), pursuant to the specifications of Armc...

  • Freeman United Coal Mining Company v. Office Of Workers Compensation Program
    4 F3d 996
    Freeman United Coal Mining Company ("Freeman Coal") petitions this court to review an award of black lung benefits to Lela Minton, the surviving spouse of John Minton, one of the company's former empl...

  • United States v. Kendall
    4 F3d 987
    Jerry Kendall appeals the sentence he received on his guilty plea to one count of bank fraud, 18 U.S.C.A. Sec. 1344 (West Supp.1993), 18 U.S.C. Sec. 2 (1988). He contends that the district court erro...

  • United States v. Davis
    5 F3d 541
    Before: WOOD, REINHARDT, and RYMER, Circuit Judges MEMORANDUM We affirm Vildred Davis's convictions, but vacate and remand her sentence. * To be a crime under 18 U.S.C. Sec. 1001, a false stateme...

  • Maciel v. K Rowland
    5 F3d 537
    James D. Maciel appeals pro se the district court's judgment on partial findings in his 42 U.S.C. Sec. 1983 action. The district court held that Maciel failed to establish a prima facie case showing ...

  • Rj Jessee v. Director Office Of Workers Compensation Programs
    5 F3d 723
    R.J. Jessee petitions for review of an order of the Benefits Review Board (BRB) affirming the denial of his request for modification of an order denying black lung benefits. Concluding that the admin...

  • United States v. Julio G
    5 F3d 542
    Julio G. and Manuel C. appeal from their convictions following a bench trial for juvenile delinquency in violation of 18 U.S.C. Secs. 5031-5037 in that they knowingly and intentionally possessed marij...

  • United States v. Lilly
    5 F3d 542
    MEMORANDUM Douglas Keith Lilly appeals the 21-month sentence imposed under the United States Sentencing Guidelines following the revocation of his term of supervised release. Lilly contends the dist...

  • Locke v. Borg
    5 F3d 537
    MEMORANDUM Preston Eccles Locke, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for habeas corpus. Locke contends that he was denied h...

  • Nielsen v. Getty
    5 F3d 538
    MEMORANDUM Larry D. Nielsen, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2241 habeas corpus petition challenging the United States Parole Commission's decisio...

  • Bl Sailors v. Northern States Power Company M H A W N L F M W E Gm R A
    4 F3d 610
    B.L. Sailors, an investor in Northern States Power Company (NSP) common stock, brought a putative class action against NSP and its officers and directors under section 10(b) of the Securities Exchange...

  • Kansas Public Employees Retirement System v. Reimer and Koger Associates Inc
    4 F3d 614
    The Kansas Public Employees Retirement System appeals from a district court order denying its motion to remand this action to a Shawnee County, Kansas, district court. KPERS argues that because the s...

  • United States Of America v. Humberto Castrellon
    4 F3d 997
    N.D.Ill. [APPEAL AFTRE REMAND FROM 956 F.2d 1165]. DISMISSED. After twice remanding Humberto Castrellon's case for resentencing, we visit his sentence for the third time. Castrellon's appointed c...

  • Sule v. H Crabtree Fci L
    5 F3d 540
    MEMORANDUM Usman Sule, a federal prisoner, appeals pro se the district court's dismissal pursuant to 28 U.S.C. Sec. 1915(d) of his action against the defendants, federal prison officials, for money d...

  • Gaster v. A Campbell D F
    4 F3d 985
    Frank M. Gaster appeals from the district court's order adopting the magistrate judge's recommendation and dismissing his 28 U.S.C. Sec. 1983 (1988) complaint without issuance and service of process. ...

  • Thompson v. The Johnson Group
    5 F3d 540
    MEMORANDUM Robert E. Thompson appeals pro se the district court's orders (1) denying Thompson's motion to remand this matter to state court; and (2) granting defendants' motion to dismiss or, in the...

  • Phillips Petroleum Company v. Lujan M L Usa and Us
    4 F3d 858
    The central issue raised in this appeal is at what point should the statute of limitations commence to run in an action by the government to recover underpaid royalties from an oil and gas lease. Th...

  • United States v. Del Guzzi
    5 F3d 541
    Appeal from the United States District Court, for the Central District of California, D.C. No. CR-85-379-AWT; A. Wallace Tashima, District Judge, Presiding. C.D.Cal. AFFIRMED. Before: BRUNETTI...

  • Winters v. Board Of County Commissioners
    4 F3d 848
    Appellant, Annabelle Winters, appeals the district court's entry of summary judgment on her 42 U.S.C. Sec. 1983 claim against the County of Osage, the Sheriff's Department, and various officers within...

  • United States v. Carter
    5 F3d 541
    Appeal from the United States District Court, for the Central District of California, D.C. No. CR-92-0410-DWW; David W. Williams, Senior District Judge, Presiding. C.D.Cal. AFFIRMED. Before: B...

  • Martinez v. United States Parole Commission
    5 F3d 537
    MEMORANDUM Jorge F. Martinez, a federal prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2241 habeas petition challenging the United States Parole Commission's decision setting ...

  • Long v. United States Of America
    5 F3d 537
    MEMORANDUM Steven B. Long, a federal prisoner, appeals pro se the district court's order dismissing his 28 U.S.C. Sec. 2255 motion to vacate his sentence imposed pursuant to a guilty plea, for import...

  • Brown v. W Murray
    4 F3d 984
    James Edward Brown seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C.Sec. 2254 (1988). Our review of the record and the district court's opinion adopting t...

  • United States v. Mulloy
    3 F3d 1337
    The United States appeals from a sentence imposed upon Sean Robert Mulloy after a jury convicted him of being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922(g). The district c...

  • United States v. Ibarra
    3 F3d 1333
    Reyes Emilio Ibarra appeals his conviction for violating 8 U.S.C. Sec. 1326(b)(1), illegal reentry into the United States after having been previously deported. On appeal, Ibarra contends that the di...

  • Johnson v. B Vasquez
    3 F3d 1327
    Andre Johnson, a California prisoner, appeals from the district court's judgment that dismissed his petition for a writ of habeas corpus. Johnson alleges that the state prosecutor excused an African-...

  • United States v. Rowe
    5 F3d 543
    MEMORANDUM Defendant Rowe was convicted for distribution of a substance containing cocaine base, in violation of 18 U.S.C. Sec. 841(a)(1). He raises three errors on appeal: (1) failure of the court...

  • United States v. M Soyland
    3 F3d 1312
    Mary E. Whitaker and Jerry M. Soyland appeal their convictions for conspiracy and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. Secs. 841(a)(1) and 846. Both defenda...

  • Pietromonaco v. Commissioner Internal Revenue Service
    3 F3d 1342
    Emilia Pietromonaco ("Emilia") appeals from the Tax Court's decision that she was ineligible for relief from tax liability under the "innocent spouse" provision, 26 U.S.C. Sec. 6013(e) (1990). Emilia...

  • United States v. Tabares
    5 F3d 543
    MEMORANDUM Michael Tabares, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate his sentence imposed following his guilty plea to four counts of...

  • Hines v. Board Of Supervisors Contra Costa County
    5 F3d 536
    MEMORANDUM James Earl Hines, a California state prisoner, appeals pro se the district court's order dismissing one of two consolidated actions. We dismiss this appeal for lack of jurisdiction. Bec...

  • Beam v. Paskett
    3 F3d 1301
    In 1983, the petitioner, Albert Ray Beam, and Michael Shawn Scroggins were charged with the rape and murder of thirteen-year old Mondi Lenten. Each of the defendants, during the course of the proceed...

  • Gardiner v. Virgin Islands Water and Power Authority
    6 F3d 786
    Plaintiff Fitzroy Gardiner, doing business as Western Trading Enterprises (WTE), and third-party defendant, the United States of America, acting by and through the Federal Emergency Management Agency ...

  • Dorsey v. Oregon Board Of Parole
    5 F3d 535
    MEMORANDUM Rohn Derrick Dorsey, an Oregon state prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for habeas corpus. The district court determined that Dorsey proc...

  • Vincent v. City Of Lexington
    4 F3d 988
    Clinton Vincent, the Administrator of the Estate of Lisa Vincent Knick, filed a civil rights action pursuant to 42 U.S.C. Sec. 1983 (1988) against the City of Lexington and the Chief of the Lexington ...

  • United States v. Mendoza Lopez
    5 F3d 542
    MEMORANDUM Mario Mendoza-Lopez appeals his 60-month sentence, following a bench trial, for illegal reentry after deportation in violation of 8 U.S.C. Sec. 1326(b)(1). Mendoza-Lopez contends the dist...

  • United States v. Echeverria
    5 F3d 541
    MEMORANDUM Appellant Cesar Echeverria appeals his conviction for conspiracy to possess and distribute cocaine in violation of 21 U.S.C. Secs. 846 and 963 as well as importation of cocaine, in violati...

  • United States v. G Westine
    5 F3d 544
    MEMORANDUM John G. Westine, Jr., appeals his 21-month sentence imposed after entry of a guilty plea to failure to surrender for service of sentence in violation of 18 U.S.C. Sec. 3146(a)(2). Westlin...

  • Matherly v. Tucker
    4 F3d 985
    Wilford Andrew Matherly, Jr., appeals from the magistrate judge's judgment, entered after a bench trial, denying relief under 42 U.S.C. Sec. 1983 (1988). Our review of the record and the magistrate j...

  • Kregos v. Associated Press
    3 F3d 656
    Plaintiff-appellant George Kregos ("Kregos") appeals from a judgment entered in the United States District Court for the Southern District of New York, Gerard L. Goettel, Judge, that granted defendant...

  • United States v. Carrillo Rangel
    5 F3d 541
    MEMORANDUM Oscar Manuel Carrillo-Rangel appeals his conviction, which followed a jury trial, for using a firearm during and in relation to a drug trafficking offense in violation of 18 U.S.C. Sec. 92...

  • United States v. Masterana
    5 F3d 542
    Appeal from the United States District Court for the District of Nevada, No. CR-85-00016-LDG (LRL); Lloyd D. George, District Judge, Presiding. D.Nev. AFFIRMED. Before: HUG and LEAVY, Circuit ...

  • United States v. Millan
    4 F3d 1038
    The United States appeals from orders dated May 21, 1993 and June 23, 1993 of the United States District Court for the Southern District of New York, Shirley Wohl Kram, Judge, that released Ralph Rive...

  • Foxx v. H Garrett Iii
    4 F3d 984
    George J. Foxx appeals an order granting the Secretary of the Navy's alternative motion to dismiss/motion for summary judgment on Foxx's three-count action for alleged violations of 42 U.S.C. Sec. 200...

  • Rent Stabilization Association Of City Of New York v. N Dinkins L L Nys and Nys
    5 F3d 591
    This is an appeal brought by appellant Rent Stabilization Association of the City of New York (RSA) from a judgment entered in the United States District Court for the Southern District of New York, S...

  • United States v. Jarrett
    5 F3d 542
    MEMORANDUM Lynn Arthur Jarrett appeals his sentence imposed following his guilty plea to unarmed bank robbery in violation of 18 U.S.C. Sec. 2113(a). Jarrett contends that the district court erred b...

  • Harrell v. United States
    4 F3d 996
    Gaylon Harrell neglected to pay his 1988 federal taxes. In April of 1992 the Internal Revenue Service served a levy upon Caterpillar, Inc., Harrell's employer, to collect the unpaid taxes plus intere...

  • Williams v. Pima County Board Of Supervisors
    5 F3d 544
    MEMORANDUM Arthur G. Williams, Jr. appeals pro se the district court's judgment, following bench trial, in favor of defendants Pima County Board of Supervisors, et al. ("Pima County"), in his race a...

  • United States v. Plaza Health Laboratories Inc
    3 F3d 643
    Defendant Geronimo Villegas appeals from a judgment entered in the United States District Court for the Eastern District of New York, Edward R. Korman, Judge, convicting him of two counts of knowingly...

  • Maryland Casualty Company v. Wr Grace and Company
    23 F3d 617
    The subject of this appeal is asbestos, a hazardous material found in public and private buildings everywhere. The presence of this substance has precipitated widespread litigation against its manufa...

  • Gilliam v. H Clark
    4 F3d 996
    Kenneth R. Gilliam appeals from the denial of his petition for habeas corpus pursuant to 28 U.S.C. Sec. 2254. Gilliam contends that he was erroneously sentenced as an habitual offender under Indiana ...

  • United States v. Falesbork
    5 F3d 715
    This appeal presents principally two issues of criminal sentencing: (1) whether a sentence enhancement based upon a prior uncounseled misdemeanor conviction is unconstitutional, and (2) whether, for ...

  • United States v. Rosa
    4 F3d 982
    William Rosa was sentenced on January 6, 1992, to a prison term of 108 months for drug offenses. At sentencing, Rosa apparently received a two-level reduction in base offense level for acceptance of ...

  • Walker v. Trammel
    4 F3d 998
    Andrew Walker, an inmate at the United States Penitentiary in Marion, Illinois, filed a Bivens action against Glen Trammel and the United States, as well as a motion to proceed in forma pauperis. Th...

  • United States v. Kirschbaum
    5 F3d 542
    MEMORANDUM Appellant Kirschbaum appeals from the district court's order directing the Special Master to disburse $60,524.06 in restitution and reimbursing the Master $1,291.62 for his expenses. We h...

  • United States v. Lemmon
    5 F3d 542
    MEMORANDUM Alfred Leslie Lemmon appeals his conviction, which followed a jury trial, for unlawfully making and transferring silencers and possessing an unregistered sawed-off shotgun in violation of ...

  • Atkins v. A Williams
    4 F3d 984
    Ronnie Ray Atkins seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254 (1988). Our review of the record and the district court's opinion discloses ...

  • Hayt v. United States
    9 F3d 978
    The United States moves to dismiss Andy Hayt's appeal as untimely. The United States states that Hayt does not oppose. On May 28, 1993, the United States Court of Federal Claims entered judgment. ...

  • Chandler v. D Moore
    2 F3d 847
    Ronald D. Chandler, a Missouri prisoner, appeals the district court's dismissal of his 42 U.S.C. Sec. 1983 action against Dick Moore, James Purkett, and Jerry Finch. We affirm in part and reverse in ...

  • United States v. Bynum
    3 F3d 769
    Ernest Bynum appeals his convictions and sentence for possession of and conspiracy to possess crack cocaine with intent to distribute. We affirm. In March, 1992, Ernest Bynum rented a Mercury Sable...

  • United States v. C Daniel
    3 F3d 775
    George Daniel appeals four convictions for unlawfully attempting to dispense or distribute controlled substances and the sentence accordingly imposed. Finding no reversible errors, we affirm the conv...

  • United States v. T Goodlett
    3 F3d 976
    Defendant Jeffrey Tyrone Goodlett appeals his jury convictions for armed bank robbery and aiding and abetting thereof, violations of 18 U.S.C. Secs. 2113 and 2, and for the use and carrying of a firea...

  • Stearnes v. Baurs Opera House Incorporated
    3 F3d 1142
    Does the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000a, guarantee a particular type or, better yet, "color" of music? Mark Stearnes asks us to answer this question. Specifically, Stearnes sued Bau...

  • Corson Lontz v. Kosinski
    3 F3d 1146
    Lynda Lontz filed a personal injury lawsuit for herself and on behalf of her son, Kenneth Corson. Corson and Lontz are citizens of Texas and the Kosinskis are citizens of Illinois. This case is in f...

  • Mumford v. Zieba
    4 F3d 429
    Plaintiff-appellee, David Mumford (Mumford-plaintiff) filed a 42 U.S.C. Sec. 1983 action against the defendants, Judge Joseph Zieba (Zieba-defendant) and the Lorain County Common Pleas Court, Domestic...

  • Guy Demarco v. Holy Cross High School
    4 F3d 166
    This appeal raises the question of whether the Age Discrimination in Employment Act of 1967 (the "ADEA"), 29 U.S.C. Secs. 621-34, applies to an action brought by a lay teacher against his parochial sc...

  • Guam Society Of Obstetricians and Gynecologists v. F Ada
    5 F3d 536
    Before: HUG and LEAVY, Circuit Judges, and REAL, Chief District Judge. MEMORANDUM Defendant-appellant Joseph F. Ada, Governor of Guam, and other territorial officials (collectively "Guam") challen...

  • Bercor Inc Bg Morris Struhl Inc v. Bercor Inc
    5 F3d 534
    MEMORANDUM Morris Struhl, Inc. ("Morris") appeals the district court's order dismissing failure to prosecute Morris's appeal from the bankruptcy court's judgment in favor of Chapter 11 debtor Bercor...

  • Clark v. M Frank
    5 F3d 535
    MEMORANDUM Former United States Postal Service employee Eric A. Clark appeals pro se the district court's grant of summary judgment in favor of the Postmaster General in Clark's action under Title VI...

  • James A Delaughter Jr v. United States Postal Service
    3 F3d 1522
    James A. DeLaughter, Jr. petitions for review of a Merit Systems Protection Board (Board) opinion and order, Docket No. AT07529110657, which granted the United States Postal Service's petition for rev...

  • Faulkner v. Super Valu Stores Inc
    3 F3d 1419
    The plaintiffs/appellants submitted applications for vacant warehousemen positions at Super Valu Stores, Inc. but were not considered for the vacancies. Plaintiffs then brought an age discrimination ...

  • Diaz Sanchez v. Immigration and Naturalization Service
    5 F3d 535
    Before: BEEZER and HALL, Circuit Judges, and ARMSTRONG, District Judge. MEMORANDUM Jose Diaz-Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' dism...

  • United States v. C Ferguson
    4 F3d 986
    James C. "Tee" Ferguson appeals his conviction and sentence for conspiracy to violate and attempts to violate, the Hobbs Act, 18 U.S.C. Sec. 1951, and the sentence imposed upon his conviction by pleas...

  • United States v. Christy
    3 F3d 765
    Carl Robert Christy appeals the district court's denial of his motion for a new trial based upon newly discovered evidence. We affirm. In July 1989, Christy was convicted in a jury trial of conspir...

  • Executive Business Media Incorporated v. Us Department Of Defense
    3 F3d 759
    Executive Business Media, Inc. (EBM) brought this action against the Defense Commissary Agency (DeCA), Downey Communications, Inc., and others under 5 U.S.C. Sec. 702 seeking injunctive and declarato...

  • Waldorf v. J Shuta C A J J E A C J E E J S J
    3 F3d 705
    In this appeal we are asked to decide whether the district court erred in denying defendants' motions for a mistrial based on the jury's inadvertent exposure to media coverage of a $30 million verdict...

  • United States v. Leon Guerrero S
    4 F3d 749
    Lorenzo de Leon Guerrero, Governor and Custodian of Records for the Department of Finance of the Commonwealth of the Northern Mariana Islands ("CNMI" or "Commonwealth"), appeals the district court's e...

  • White v. C Duncil
    4 F3d 988
    Judson Warren White seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C.Sec. 2254 (1988). Our review of the record and the district court's opinion accepting...

  • Britton v. Co Op Banking Group
    4 F3d 742
    Jeff Liebling, pro se. William P. Torngren, Andrea M. Miller, David C. Adams, Bartel, Eng, Miller and Torngren, Sacramento, CA, for appellee. Appeal from the United States District Court for the E...

  • United States v. Fletcher
    5 F3d 541
    MEMORANDUM Vanessa Renai Fletcher, a federal prisoner, appeals pro se the district court's denial of her 28 U.S.C. Sec. 2255 motion to vacate her conviction and sentence. We review de novo, United S...

  • United States v. Flores
    5 F3d 541
    MEMORANDUM Jesus Antonio Flores appeals his sentence, following a jury trial, for armed bank robbery and carrying a firearm during a crime of violence in violation of 18 U.S.C. Secs. 2113(a) and (d),...

  • United States v. Isais Reyes
    5 F3d 541
    MEMORANDUM In these companion appeals, codefendants Jesus Isais-Reyes and Ramon E. Higuera appeal their sentences under the United States Sentencing Guidelines imposed after they pleaded guilty to po...

  • Dn Associates v. Dn Associates
    3 F3d 512
    Robert J. Keach with whom Foley, Hoag & Eliot, Boston, MA, Roger A. Clement, Jr., and Verrill & Dana, Portland, ME, were on brief, for appellant. Peter J. DeTroy with whom James D. Poliquin ...

  • United States v. L Coburn L
    7 F3d 235
    In these consolidated appeals, defendant Robert L. Coburn (No. 92-1413) challenges the sentence imposed by the district court following his guilty plea conviction to one count of distribution of cocai...

  • Sun v. Asian American Recovery Services Inc
    5 F3d 540
    MEMORANDUM May Sun ("Sun") alleges that Asian American Recovery Services, Inc. ("AARS") terminated her from her position as a substance abuse counselor because she is a woman, in violation of Title ...

  • Rawls v. L Fowler
    5 F3d 539
    MEMORANDUM David Rawls appeals pro se the district court's summary judgment in favor of various federal officials and institutions in Rawls's consolidated action alleging that federal defendants ille...

  • Monterey Development Corporation v. Lawyers Title Insurance Corporation
    4 F3d 605
    Monterey Development Corporation ("Monterey") appeals from the district court's dismissal of its claim against Lawyer's Title Insurance Company ("Lawyer's Title") for breach of a title insurance polic...

  • Tec Floor Corporation v. Wal Mart Stores Inc
    4 F3d 599
    TEC Floor Corporation brought this diversity action against Wal-Mart Stores, Inc., alleging breach of contract, intentional fraud, and constructive fraud. TEC appeals from the district court's judgme...

  • Titus v. W Sullivan Md
    4 F3d 590
    Greg Titus, et al., brought a class action seeking declaratory and injunctive relief prohibiting the Secretary of Health and Human Services from using certain policies and procedures in determining el...

  • Nuno v. Campbell
    5 F3d 538
    MEMORANDUM Marcial Nuno appeals pro se the district court's dismissal of his civil rights action against defendant Donald Campbell pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim. Nun...

  • Koff v. United States
    3 F3d 1297
    Upon rehearing, we contemplate the extent to which 28 U.S.C. Sec. 2410 waives the United States' sovereign immunity from suit in tax cases. Our previous unpublished memorandum, 978 F.2d 715, filed Oc...

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