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  • Walters v. Scott
    21 F3d 683
    A state prisoner appeals from the district court's dismissal of his petition for a writ of habeas corpus. The district court dismissed the petition as untimely under Rule 9(a) of the Rules Governing ...

  • Nichols Conroe Office Building Ltd v. Nichols
    21 F3d 690
    This case presents the question whether a district court's order reversing a bankruptcy judge and remanding the case to the bankruptcy court for significant further proceedings is appealable. This Co...

  • Richards v. Michelin Tire Corp
    21 F3d 1048
    Plaintiff-Appellee John Richards, as conservator and guardian of the estate of Leonard Richards, brought this action against Michelin Tire Corporation ("Appellant") for injuries sustained from the exp...

  • Bigby v. United States Immigration and Naturalization Service
    21 F3d 1059
    Petitioner Paul Bigby appeals from a final order of deportation entered by the Board of Immigration Appeals (BIA). We find that Bigby's Fifth Amendment right against self-incrimination was properly a...

  • 17805a Keeton v. Department Of Health and Human Services
    21 F3d 1064
    Danny Keeton appeals from a district court judgment affirming the Secretary of Health and Human Services' denial of his application for disability insurance benefits and supplemental security income u...

  • United States v. West
    22 F3d 586
    Defendant Bruce West, Sr. was tried before a jury and convicted of ten counts of bankruptcy fraud, in violation of 18 U.S.C. Sec. 152 (1988), eleven counts of money laundering, in violation of 18 U.S....

  • Public Utilities Commission Of State Of California
    24 F3d 275
    Petitioners, two state agencies authorized to represent the interests of residential consumers, assert that FERC acted arbitrarily and capriciously when it approved funding mechanisms for the Gas Rese...

  • United States v. Laliberte
    25 F3d 10
    On February 18, 1992, Carl Laliberte was charged in a five-count indictment with conspiring with seven others to possess in excess of five kilograms of cocaine with intent to distribute in violation o...

  • Hegarty v. Somerset County M Hegarty A
    25 F3d 17
    Katherine Hegarty was shot and killed in her Jackman, Maine home by police officers attempting to execute a warrantless entry and arrest. Her husband, James, both individually and on behalf of his wi...

  • McGinnis v. Tennessee Gas Pipeline Co
    25 F3d 1049
    This is an appeal from a summary judgment in favor of the defendant in a nuisance action. The plaintiff occupies a home on property adjacent to an industrial tract, owned by the defendant, that is co...

  • Bray v. J Dowling F
    25 F3d 135
    Defendants-appellants-cross-appellees Michael J. Dowling, Commissioner of the New York State Department of Social Services (the "NYSDSS"), and Richard F. Schauseil, Acting Director of the Monroe Count...

  • United States v. Hightower
    25 F3d 182
    Kevin Hightower pleaded guilty to one count of conspiracy to distribute cocaine base, in violation of 21 U.S.C. Secs. 841(a)(1) and 846, and one count of possession of a firearm by a felon, in violati...

  • 17813a Newkirk v. E Shalala
    25 F3d 316
    This case arises from the decision of the Secretary of Health and Human Services, denying Dorothy Newkirk's disability benefits claim under Title XVI of the Social Security Act. The sole issue on app...

  • Firestone v. M Galbreath
    25 F3d 323
    In our first opinion in this appeal, Firestone v. Galbreath, 976 F.2d 279 (6th Cir.1992), we affirmed the dismissal of all claims against all the defendants with the exception of the state common law ...

  • United States v. R Jackson
    25 F3d 327
    For more than five years, James R. Jackson ran a series of elaborate schemes through which he bamboozled insurance, finance, and credit card companies out of nearly one million dollars. Operating lar...

  • Resolution Trust Corporation Fsb v. Hartford Accident and Indemnity Co
    25 F3d 657
    First Federal Bank obtained a Standard Savings and Loan Blanket Bond from appellee Hartford Accident and Indemnity (Hartford) to protect First Federal and its depositors from a variety of losses. Thi...

  • Wood
    25 F3d 667
    Audry Wood and Ella Mae Whitcomb appeal the district court's entry of judgment against them in their action for disability discrimination in employment under the Rehabilitation Act, 29 U.S.C. Sec. 794...

  • United States v. Pugh
    25 F3d 669
    Atlas Norris Pugh, Jr., was convicted by a jury of five drug-trafficking charges. He was sentenced to 168 months of imprisonment. He appeals, arguing that the district court erred by (1) denying his...

  • Hajjiri
    25 F3d 677
    The district court dismissed Bassam and Roxanne L. Hajjiri's diversity lawsuit because the Hajjiris failed to commence their action before the applicable six-year Minnesota statute of limitations expi...

  • No 92 16989
    25 F3d 793
    The holder of a mechanic's lien against property subject to forfeiture appeals from that portion of the district court's judgment denying costs, fees, and interest on the lien principal, arguing that ...

  • Goldstein v. Chestnut Ridge Volunteer Fire Company
    25 F3d 1039
    In this action brought under 42 U.S.C. Sec. 1983 by Ivan Goldstein against The Chestnut Ridge Volunteer Fire Department (Chestnut) of Baltimore County, Maryland, Goldstein claimed that Chestnut violat...

  • Mitchell Taylor Eldredge v. Dominion Bank
    25 F3d 1040
    Mitchell, Taylor & Eldredge (MTE), a Virginia partnership which is the debtor in this bankruptcy action, appeals the district court's affirmance of the bankruptcy court's order denying its objecti...

  • United States v. Edwards
    25 F3d 1041
    Following his guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C.A. Sec. 922(g) (West Supp.1994), Jonathan Edwards was sentenced to 180 months in prison and a three year ...

  • United States v. Shea
    25 F3d 1042
    Joseph Francis Shea pled guilty to robbery by force in violation of 18 U.S.C.A. Sec. 1951 (West 1984), 18 U.S.C.A.Sec. 2 (West 1969), and to using and carrying a firearm in a crime of violence, in vio...

  • United States v. L Sasscer
    25 F3d 1042
    Following a jury trial, John L. Sasscer was convicted on three counts of failure to file federal income tax returns. Sasscer appeals his conviction, contending that the district court committed rever...

  • Strassman v. Almahurst Inc
    25 F3d 1050
    Plaintiff David Strassman and 130 other individual plaintiffs appeal the district court's dismissal, pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6), of the plaintiffs' complaint, in wh...

  • United States v. Johnson St
    26 F3d 669
    A jury convicted defendants Cleotha Johnson, Reginald Johnson, Dwight Johnson, S.T. Cross, and Regina Ramsey of conspiring to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1) and Sec. 846 a...

  • Estes v. City Of Seattle J
    28 F3d 105
    MEMORANDUM David M. Estes appeals pro se the district court's grant of defendants/appellees' motion for summary judgment on his Title VII claims of discrimination and retaliation in employment and on...

  • Granillo v. City Of San Gabriel
    28 F3d 106
    MEMORANDUM Fredys L. Granillo, administratrix of the estate of Mauricio O. Granillo, appeals the district court's dismissal of her 42 U.S.C. Sec. 1983 civil rights action. Granillo contends that the...

  • Caro v. Ventura County Sheriffs Dept
    28 F3d 106
    MEMORANDUM Rudy Caro appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action. We agree with the district court that Caro's action is barred by the one-year limitation period ...

  • Les Properties Hotel Venture Lp v. Westin Hotel Company Les Properties Hotel Venture Lp
    28 F3d 106
    Before: KOZINSKI and TROTT, Circuit Judges, and WILLIAMS, District Judge. MEMORANDUM L.E.S. Properties ("L.E.S.") appeals, and Westin Hotel Co. ("Westin") cross-appeals, the district court's judg...

  • United States v. Davidson
    28 F3d 109
    Before: ALARCON, NORRIS, and LEAVY Circuit Judges. MEMORANDUM Appellants Robert Davidson, Joachim Felgentraeger, and Dirk Holst appeal their jury convictions and sentences for conspiracy and manuf...

  • United States v. Walker
    28 F3d 110
    MEMORANDUM Johnny Keith Walker and Floyd Lloyd Wells appeal their convictions under 18 U.S.C. Sec. 922(g)(1) for being felons in possession of firearms. They argue, inter alia, that the district cou...

  • United States v. Zeng
    28 F3d 110
    MEMORANDUM Jim Feng Zeng ("Feng") and Jin Huan Zeng ("Huan") appeal their convictions for conspiring to violate and for violating 18 U.S.C. Sec. 1028(a)(2) by knowingly creating and transferring fals...

  • Weisbarth v. Hawaiian Tug and Barge Co
    28 F3d 111
    MEMORANDUM Max Weisbarth appeals the district court's order granting summary judgment in favor of his employer, Hawaiian Tug and Barge Corp. ("Hawaiian Tug"), and his labor union, Inlandboatmen's Un...

  • In Re Donald S Gold
    29 F3d 644
    Appellant, Donald S. Gold, appeals from the August 18, 1993 decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board), denying reconsideration o...

  • United States v. Jackson
    22 F3d 583
    Albert Jackson was caught trafficking in cocaine but pled guilty to using or carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. Sec. 924(c)(1) (1988) and t...

  • Grant v. Lone Star Company Bl L
    21 F3d 649
    Mitchel Murray appeals a judgment finding him liable for backpay damages under title VII of the Civil Rights Act of 1964 for sexually harassing Paula Jo Grant. Because title VII does not provide for ...

  • Patrick O Deville v. John P Whitley Warden Louisiana State Penitentiary
    21 F3d 654
    Appellants, Patrick DeVille and Jimmy Vidrine, appeal the dismissal of their habeas petition. Appellants contend that their pleas of guilt to second degree murder are invalid because (1) they lacked ...

  • Smith Omni Manufacturing Inc v. A Smith
    21 F3d 660
    In this Chapter 11 Bankruptcy case, the bankruptcy and district courts refused to hold that nearly $70,000 owed to Omni was nondischargeable because the debt was not properly scheduled in time to perm...

  • United States v. Williams
    22 F3d 580
    Convicted on a guilty plea of distribution of 10.19 grams of cocaine base in violation of 21 U.S.C. Sec. 841(a)(1) and sentenced to 30 years imprisonment, Edward Williams appeals his sentence. Findin...

  • Steinberg v. United States Department Of Justice
    23 F3d 548
    Before us is the adequacy of the responses of three subdivisions of the United States Department of Justice--the United States Attorney's Office for the District of Massachusetts ("Boston USA's Office...

  • United States v. Stephens
    23 F3d 553
    Appellants James M. Stephens and Tony Anthony McCray appeal from convictions of drug violations. We find no merit in Stephens's assignments of error and affirm his conviction for distribution of coca...

  • Florida State Conference Of Branches Of Naacp Naacp v. Federal Communications Commission
    24 F3d 271
    Two Florida NAACP organizations petition for review of the FCC's renewal of radio licenses to Pasco Pinellas Broadcasting Company. Although the Commission imposed a forfeiture of $18,000 on the compa...

  • Serabian v. Amoskeag Bank Shares Inc
    24 F3d 357
    The question on this appeal is whether appellants' Third Amended Complaint states a claim for fraud under federal securities law, see 15 U.S.C. Sec. 78j(b) (Sec. 10(b) of the Securities Exchange Act o...

  • United States v. B Jones
    24 F3d 1177
    Willie B. Jones, a federal prisoner, appeals his conviction and sentence for distributing cocaine base in violation of 21 U.S.C. Sec. 841(a)(1). We affirm. Jones was the unwitting target of a multi...

  • Holt v. Deere and Company
    24 F3d 1289
    The plaintiff, Dennis Holt, appeals from a jury verdict in favor of the defendant, Deere & Co. ("Deere"), in a product liability suit arising from an accident in which he was crushed by a road gr...

  • Romero Morales v. Immigration and Naturalization Service
    25 F3d 125
    Porfirio Romero-Morales petitions for review of an August 1993 decision of the Board of Immigration Appeals (BIA), affirming the denial of Romero's motion to reopen his deportation proceeding. That m...

  • Lounsbury v. Jeffries
    25 F3d 131
    Plaintiffs Linda Lounsbury and William R. Donaldson, Jr., appeal from a judgment entered in the United States District Court for the District of Connecticut, Peter C. Dorsey, Judge, summarily dismissi...

  • United States v. Good
    25 F3d 218
    ARGUED: Lonnie Dayton Nunley, III, Hunton & Williams, Richmond, VA, for appellant. William G. Yarborough, III, Asst. U.S. Atty., Greenville, SC, for appellee. ON BRIEF: Evelina J. Norwinski, H...

  • Cargill v. Empresa
    25 F3d 223
    Cargill Rice, Inc. (Cargill) appeals the district court's orders dismissing its motion to compel arbitration of its dispute with Empresa Nicaraguense de Alimentos Basicos (ENABAS) before arbitrators ...

  • Loyd v. Phillips Brothers Inc
    25 F3d 518
    While Title VII of the 1964 Civil Rights Act, 42 U.S.C. Sec. 2000e et seq., is rather straight-forward on its own terms ("It shall be an unlawful employment practice for an employer ... to discriminat...

  • Madison Gas Electric Company v. United States Environmental Protection Agency
    25 F3d 526
    We have consolidated for argument and decision two petitions for review of an order (technically, "final action," 42 U.S.C. Sec. 7607(b)(1)) by the Environmental Protection Agency awarding to electric...

  • Buscaglia v. United States
    25 F3d 530
    Judith Buscaglia ("Buscaglia") slipped and fell in a United States Post Office in Elmhurst, Illinois, on January 27, 1987. Nearly four years later, she filed a complaint in federal district court see...

  • Jenkins v. W Heintz
    25 F3d 536
    Darlene Jenkins sued George W. Heintz and his law firm, Bowman, Heintz, Boscia & McPhee, for violating the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 1601 et seq. Heintz and the law firm...

  • Bassette v. Stone Container Corporation
    25 F3d 757
    Appellant Roxanne Phillips Bassette ("Bassette") brought suit against Appellee Stone Container Corp. ("Stone"), her former employer, for allegedly terminating her without good cause, in violation of ...

  • Boeh Gomez v. Gates
    25 F3d 761
    The United States and Richard Boeh, an agent of the Federal Bureau of Investigation, appealed from the district court's denial of a motion to quash a subpoena ad testificandum and two civil contempt o...

  • Eyak Native Village v. Exxon Corporation
    25 F3d 773
    This case requires us to determine whether the district court's denial of motions to remand cases removed from an Alaska state court was error. This interlocutory appeal concerns the removal of over ...

  • Brooks v. J Beatty Et Al
    25 F3d 1037
    The present appeal requires that we revisit the doctrine of judicial estoppel, this time in the context of an action by a former chapter 7 debtor who later failed to disclose the cause of action as an...

  • Marino v. United States Postal Service Et Al
    25 F3d 1037
    Plaintiff-appellant William Marino, brought this action against his former employer defendants-appellees United States Postal Service (the "USPS") and Marvin T. Runyon, Postmaster General of the Unite...

  • American Title Insurance Company v. Burke and Herbert Bank and Trust Company
    25 F3d 1038
    Plaintiff/Appellant, American Title Insurance Company ("American Title"), underwrote title insurance to certain lenders on three separate real estate transactions in Virginia. The title policies were...

  • Sharpe v. American Family Publishers
    25 F3d 1040
    Several citizens of North Carolina who received certain mailings from American Family Publishers (AFP) brought this diversity action against the company for common law fraud and for violation of North...

  • United States v. Smith
    25 F3d 1051
    Defendants Elijah Smith and William Gillard were charged with bank robbery (Count I, Fifth Third Bank, and Count III, Society Bank) under 18 U.S.C. Sec. 2113(a) and (d); and use of a firearm during a...

  • Fritchey v. United States
    25 F3d 1115
    Upon consideration of the motion to dismiss; the order to show cause why the motion to dismiss should not be decided without a response; the answer thereto and supplement; the motion to have judici...

  • Andrakin v. Sf Parking and Traffic Commission
    26 F3d 129
    MEMORANDUM James William Andrakin appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may ...

  • Dowdell v. City Of Riverside
    26 F3d 130
    MEMORANDUM Kenneth G. Dowdell appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be g...

  • Hyde v. United States
    26 F3d 130
    MEMORANDUM Onie L. Hyde appeals the district court's denial of her motion for reconsideration filed pursuant to Fed.R.Civ.P. 60(b)(2) on the basis of newly-discovered evidence. We have jurisdiction ...

  • Flores v. Ticor Title Insurance Company Of California
    26 F3d 130
    MEMORANDUM Abel C. Flores appeals the district court's summary judgment in favor of his former employer Ticor Title Company, Inc. and Chicago Title Company, Inc. (collectively "the Company") in his ...

  • Neely v. Campos
    26 F3d 131
    Before: D.W. NELSON, REINHARDT, and BRUNETTI, Circuit Judges MEMORANDUM Defendants/Appellants appeal the district court's judgment following a bench trial finding them liable under the Racketeer I...

  • Johnson v. Duncan
    26 F3d 131
    MEMORANDUM James Johnson appeals pro se the district court's denial of his petition for writ of habeas corpus. Johnson contends, first, that the evidence was insufficient to support his conviction o...

  • Sanders v. Hughes Aircraft Co
    26 F3d 132
    MEMORANDUM Leon Sanders appeals pro se the district court's dismissal of his action for breach of contract and wrongful termination. The court dismissed the action pursuant to Fed.R.Civ.P. 12(b)(6) ...

  • United States v. Davison
    26 F3d 133
    MEMORANDUM William Andrew Davison appeals his conviction, which followed a jury trial, for first degree murder in violation of 18 U.S.C. Secs. 1111, 1153. Davison claims the district court erred, fi...

  • United States v. Burgueno Muniz
    26 F3d 133
    MEMORANDUM Luis Roman Burgueno-Muniz appeals the 60-month sentence imposed following his guilty plea to aiding and abetting the distribution of heroin in violation of 21 U.S.C. Sec. 841(a)(1), 18 U.S...

  • United States v. Chaudhry
    26 F3d 133
    MEMORANDUM Ashtiyaq Ali Chaudhry appeals the 120-month sentence imposed following his guilty plea to conspiracy to possess and distribute heroin in violation of 21 U.S.C. Secs. 841(a)(1), 846. Chaud...

  • United States v. Godwin
    26 F3d 133
    MEMORANDUM James Richard Godwin appeals his conviction, which followed a jury trial, for one count of bank robbery in violation of 18 U.S.C. Sec. 2113(a). Godwin claims the district court erred by a...

  • United States v. Mezian
    26 F3d 134
    MEMORANDUM Garabet Mezian appeals his conviction and the 18-month sentence imposed following his jury trial for possessing counterfeit plates and partial counterfeit government obligations in violati...

  • United States v. L Nakiso Ii
    26 F3d 134
    MEMORANDUM The appeal questions 1) the sufficiency of the evidence to convict, 2) the failure to give requested instructions on duress, necessity, and mere presence, and 3) sentencing Nakiso as a car...

  • United States v. Rueda
    26 F3d 135
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM * Rueda and Garcia appeal their sentences imposed for conspiracy to possess with intent to distribute meth...

  • Story v. Kindt
    26 F3d 402
    This is an appeal by Stanton T. Story from an order of the United States District Court for the Western District of Pennsylvania denying his petition for a writ of habeas corpus on the ground that he ...

  • Arnold v. Duchesne County
    26 F3d 982
    This case presents a single issue: whether the appropriate statute of limitations for 42 U.S.C. Sec. 1983 actions in Utah is two years pursuant to Utah Code Ann. Sec. 78-12-28(3) or four years pursua...

  • Flowers v. Indiana University School Of Law Indianapolis
    27 F3d 569
    Before POSNER, Chief Judge, and EASTERBROOK, Circuit Judge The judgment is affirmed for the reasons stated by the district court. We add only two considerations: First, because there is no evidence...

  • United States v. Zapata
    27 F3d 570
    Tomas Trinidad Zapata seeks the reversal of his conviction for possession of a firearm by a felon, 18 U.S.C. Secs. 922(g)(1), claiming that the evidence against him was insufficient. Because we concl...

  • 14071b Bolin v. Secretary Of Health and Human Services
    32 F3d 449
    Before BALDOCK and McKAY, Circuit Judges, and BROWN, District Judge. This matter is before the court on plaintiff's petition for rehearing. For the reasons that follow, we deny the relief requested...

  • United States v. Gonzalez
    21 F3d 1045
    Defendant-appellants were convicted on many narcotics violations and Racketeer Influenced and Corrupt Organizations (RICO) conspiracy in violation of 18 U.S.C. Sec. 1962(d). They allege several error...

  • Blackmon v. Scott
    22 F3d 560
    Ricky Don Blackmon appeals an adverse summary judgment rejecting his 28 U.S.C. Sec. 2254 petition for habeas corpus relief. For the reasons assigned we vacate the judgment and remand for further proc...

  • Wilner v. United States
    24 F3d 1397
    The United States appeals from the June 26, 1992 judgment of the United States Claims Court. Following a trial, the Claims Court (i) awarded Melvin Wilner, d/b/a Wilner Construction Company (Wilner),...

  • United States v. A Speight
    24 F3d 1464
    This case was heard on the record from the United States District Court for the District of Columbia and on the briefs and arguments by counsel. The court has accorded the arguments full consideratio...

  • United States v. Benson
    24 F3d 1464
    This case was heard on the record on appeal from the United States District Court for the District of Columbia and on the briefs and arguments by counsel. The court has determined that the issues pre...

  • Paegle v. United States Department Of Interior
    24 F3d 1464
    This appeal was considered on the record from the United States District Court for the District of Columbia, on the briefs of counsel, and on oral argument. The court is satisfied that appropriate di...

  • Williams v. Commonwealth Of Kentucky
    24 F3d 1526
    Plaintiff Maggie Williams is a tenured employee of the Commonwealth of Kentucky with more than twenty years of service in the Cabinet for Human Resources, Department for Employment Services ("DES"), D...

  • Counihan v. Allstate Insurance Company
    25 F3d 109
    Plaintiff-appellant Josephine A. Counihan appeals from a summary judgment entered in the United States District Court for the Eastern District of New York (Wexler, J.) in favor of defendant-appellee A...

  • United States v. J Parkins
    25 F3d 114
    Defendant is a citizen of Jamaica named Oliver Douce who, for various purposes, uses the name Peter Parkins. Parkins pleaded guilty in the United States District Court for the Southern District of Ne...

  • United States v. Brown
    25 F3d 307
    Defendant Jerry Ted Brown appeals the district court's denial of his motion to dismiss the indictment charging him with receiving child pornography. He argues that the indictment should have been dis...

  • Mitchell v. Office Of Workers Compensation Programs
    25 F3d 500
    Coal miner Charles Mitchell applied for black lung benefits on June 26, 1980, shortly before his death in August of that year. Petitioner Rita Mitchell, his widow, timely filed a claim for survivor's...

  • Land v. Chicago Truck Drivers Helpers and Warehouse Workers Union Health and Welfare Fund
    25 F3d 509
    Tommy Land, a participant in the defendant self-funded, welfare-benefit plan, maintains that the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Secs. 1001 et seq., is unconstit...

  • Reich v. Con Agra Flour Milling Co
    25 F3d 653
    Robert E. Reich, the Secretary of Labor (the "Secretary"), petitions for review of a decision and order of the Occupational Safety and Health Review Commission (the "Commission") that vacated the Secr...

  • White Phillips v. White
    25 F3d 931
    In this case, we are called upon to decide what property is included in the bankruptcy estate upon the conversion from Chapter 12 to Chapter 7. This requires an interpretation of sections 348, 541, a...

  • United States v. Ortiz
    25 F3d 934
    Defendant Alberto Ortiz appeals his guidelines sentence, which the district court imposed upon remand for resentencing. Mr. Ortiz contends that the district court erred by receiving new evidence upon...

  • Eavenson v. Rundle R Lakeview Mining Company
    25 F3d 1039
    Lee Eavenson appeals a grant of summary judgment to Patrick Rundle, John Laurita, and James Seremitis dismissing Eavenson's complaint for damages allegedly arising from violations of the Federal Surfa...

  • Ross v. Shaw
    25 F3d 1040
    Appellant appeals from the district court's order after a jury verdict on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record shows that substantial evidence supported the verdict and ...

  • United States v. Allen
    25 F3d 1041
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United States v. Flood
    25 F3d 1041
    Richard Jackie Flood was convicted of being a felon in possession of a firearm, 18 U.S.C.A. Secs. 922(g), 924(e) (West Supp.1992). In sentencing him, the district court departed upward from the manda...

  • United States v. Maxwell
    25 F3d 1389
    Chester Davis, Martin Lewis, Hassan Majied, and Delano Maxwell ("the defendants") appeal their convictions and sentences for drug-related offenses. The government cross appeals the district court's d...

  • United States v. Chavez
    26 F3d 133
    MEMORANDUM Martel Chavez ("Appellant") appeals his conviction on one count of conspiracy to possess with intent to distribute and distribute cocaine in violation of 21 U.S.C. Sec. 846. We have juris...

  • United States v. Boles
    26 F3d 133
    MEMORANDUM Lewis Manuel Boles appeals his sentence imposed by the district court following his guilty plea to mail theft in violation of 18 U.S.C. Sec. 1708. Lewis contends that he was entitled to a...

  • United States v. Howard
    26 F3d 134
    MEMORANDUM Virginia Culver Howard was convicted of one count of fraudulently obtaining more than $200.00 in funds insured by the Federally Insured Student Loan and Assistance Programs (FISLAP), in vi...

  • United States v. Sanchez
    26 F3d 135
    MEMORANDUM Jose Sanchez ("Appellant") appeals on a number of grounds his conviction and sentence of 121 months for engaging in a conspiracy to possess with intent to distribute or to distribute a con...

  • Wallis v. Jr Simplot Company
    26 F3d 135
    Before: CANBY and T.G. NELSON, Circuit Judges, and SHUBB, District Judge. MEMORANDUM Because the parties are familiar with the facts, we do not restate them in this disposition which resolves Wall...

  • Brotherhood Of Locomotive Engineers
    26 F3d 787
    The Brotherhood of Locomotive Engineers and three individuals (collectively, BLE) brought suit against the Kansas City Southern Railway Company (KCS) and the United Transportation Union (UTU) seeking ...

  • International Brotherhood Of Boilermakers Iron Ship Builders Blacksmiths Forgers and Helpers v. Park
    27 F3d 566
    Plaintiffs appeal the District Court's order granting summary judgment for defendants in this action for breach of certain collective bargaining agreements, pursuant to section 301 of the Labor Manage...

  • Moore v. Secretary Of Health and Human Services
    27 F3d 567
    Sam Moore appeals a district court judgment affirming the denial of disability insurance benefits by the Secretary of Health and Human Services. Moore maintains that he is entitled to benefits becaus...

  • United States v. L Crumpton
    27 F3d 567
    Defendant-Appellant Michael L. Crumpton ("Crumpton") appeals his convictions and sentence for geing a convicted felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g). For the reasons...

  • Osborne v. Brandeis Machinery and Supply Corp
    27 F3d 567
    Plaintiffs-Appellants Hershel Osborne and Chester Stacy appeal the district court's grant of summary judgment to Defendant Brandeis Machinery and Supply Company. Osborne and Stacy allege that their M...

  • United States v. Starnes
    27 F3d 568
    The defendant was found guilty by a jury of participating in a conspiracy to distribute marijuana and to possess the drug with intent to distribute it, all in violation of 21 U.S.C. Sec. 846. He appe...

  • United States v. 888000 In United States Currency
    27 F3d 568
    Robert Anthony Dewey ("Dewey"), claimant, arrived at the Cleveland airport about an hour before the time of departure of a commercial flight to Dallas, Texas. He paid $443.00 in cash for his one-way ...

  • Warren v. United States
    27 F3d 568
    Defendant-Appellant James Henry Warren appeals the district court's denial of his 28 U.S.C. Sec. 2255 motion to set aside and correct his sentence. Because the current challenge to Warren's sentence ...

  • Pittman v. J Ahitow
    27 F3d 569
    Michael Pittman was convicted of armed robbery and sentenced in 1982 to 50 years' imprisonment. He believes that the state judge selected such a lengthy sentence in part because of a conviction in 19...

  • Obrien v. Duluth Missabe and Iron Range Railway Co
    27 F3d 569
    Michael V. O'Brien sued his former employer in state court alleging that the employer railroad wrongfully discharged him in breach of a certain written agreement. He sought recovery of "lost wages, p...

  • Gadson v. Bureau Of Prisons
    22 F3d 1184
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. The court has determined that the issues presented occ...

  • Celis v. Immigration and Naturalization Service
    23 F3d 394
    We grant the government's motion, lift the stay of deportation, and summarily dismiss the petition for review for three reasons. 1. The Board of Immigration Appeals (BIA) was not required to believe...

  • Cool Light Company Inc v. Gte Products Corporation
    24 F3d 349
    The appellant, Cool Light Company, Inc. ("Cool Light"), asks for relief from an adverse judgment, Fed.R.Civ.P. 60(b)(6), on the ground that Judge McNaught, the judge who initially tried this case, wa...

  • Ondine Shipping Corporation v. Cataldo
    24 F3d 353
    The focal point of this appeal is an 80-foot racing yacht, the ONDINE, built for plaintiff-appellant Ondine Shipping Corporation by a Wisconsin shipbuilder, Palmer Johnson, Inc., at a cost of roughly ...

  • United States v. Woodard
    24 F3d 872
    Defendant-appellant, Phillip Reed Woodard, appeals his sentence following a guilty plea to armed bank robbery. On April 7, 1993, a federal grand jury for the Middle District of Tennessee returned a ...

  • City Of Wichita Kansas v. Southwestern Bell Telephone Company
    24 F3d 1282
    The City of Wichita, Kansas (City) appeals the summary judgment order denying its demand for additional franchise fees from Southwestern Bell Telephone Company (Bell). This diversity action requires ...

  • Bernard v. United States Bernard
    25 F3d 98
    Plaintiff challenges the district court's grant of summary judgment in favor of the United States and a number of federal employees in this action brought under the Federal Tort Claims Act and Bivens ...

  • Refinemet International Company v. Eastbourne Nv
    25 F3d 105
    Plaintiff-appellant Refinemet International Company appeals from a judgment entered March 17, 1993 in the United States District Court for the Southern District of New York, John E. Sprizzo, Judge, th...

  • United States v. Martin
    25 F3d 211
    On April 10, 1992, Brian Ashley Martin was sentenced to 169 months' imprisonment. On March 31, 1993, citing Fed.R.Crim.P. 35(b), the government moved for a reduction of Martin's sentence based upon M...

  • United States v. L Grable
    25 F3d 298
    Defendants-appellants, L. David Grable and Valerie A. Grable, appeal the order of the district court denying their Rule 60(b) motion for relief from judgment from the order denying the defendants' Rul...

  • Lintz v. K Skipski
    25 F3d 304
    In this Sec. 1983 action, the plaintiffs allege abuse of children in a state-licensed foster care home and appeal the district court's order granting summary judgment to the defendant based on qualifi...

  • Lutheran Medical Center Of Omaha Nebraska v. Contractors Laborers Teamsters and Engineers Health and
    25 F3d 616
    The Contractors, Laborers, Teamsters and Engineers Health and Welfare Plan appeals from a judgment of the district court awarding Lutheran Medical Center of Omaha and Dr. William Henderson benefits re...

  • Resolution Trust Corporation Fsb v. Management Inc
    25 F3d 627
    Daniel J. Duffy, Omaha, NE, argued (Terry J. Grennan, on the brief), for appellant. Craig A. Knickrehm, Omaha, NE, argued (Todd Griffee, Overland Park, KS and Karen Caplan, Washington, D.C., on the ...

  • Kinney v. Kalfus
    25 F3d 633
    Dr. Raymond Kalfus, a prison dentist, appeals the district court's denial of his motion for summary judgment in the 42 U.S.C. Sec. 1983 suit filed against him by Mark Kinney, a prison inmate. We affi...

  • Adams v. West Publishing Company
    25 F3d 635
    M. Margaret Adams brought this employment discrimination lawsuit after West Publishing Company (West) transferred her to a position that Adams regarded as a demotion. Adams claims West demoted her be...

  • Abl Produce Inc v. United States Department Of Agriculture
    25 F3d 641
    ABL Produce, Inc. ("ABL") petitions for review of the Secretary of Agriculture's determination that it violated the employment restrictions contained in the Perishable Agricultural Commodities Act ("...

  • Joos v. Intermountain Health Care Inc
    25 F3d 915
    This is an appeal from a federal district court's Order which dismissed Plaintiffs' lawsuit and imposed sanctions on Plaintiffs under Federal Rule of Civil Procedure 11. The following is a summary of...

  • Morgan v. City Of Albuquerque
    25 F3d 918
    Plaintiff-Appellant Linda Morgan brought suit pursuant to 42 U.S.C. Sec. 1983 against Defendants-Appellees City of Albuquerque and Officer Ann Avend-T alleging that she was arrested in violation of th...

  • Coosewoon v. Meridian Oil Company
    25 F3d 920
    Plaintiffs appeal the district court's Fed.R.Civ.P. 12(b)(6) dismissal of some of the claims and grant of summary judgment as to the remaining claims in their complaint. We have jurisdiction under 28...

  • Bryant v. W Corkhill
    25 F3d 1038
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Cox v. G Pike
    25 F3d 1038
    James Olin Cox filed a 42 U.S.C. Sec. 1983 (1988) complaint against Deputy Doug Tuck and Sheriff G. Wayne Pike alleging that they obtained evidence and allowed it to be used at his criminal trial in v...

  • Byrd v. J T Hadden
    25 F3d 1038
    Appellant appeals from the district court's order dismissing without prejudice his 28 U.S.C. Sec. 2241 (1988) petition. Our review of the record and the district court's opinion discloses that this a...

  • Hooker v. Davenport
    25 F3d 1039
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Francis v. P Sacchet C D A
    25 F3d 1039
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Washington v. Baird
    25 F3d 1042
    Appellant appeals the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint. The district court assessed a filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th Cir.19...

  • United States v. Haney Gentry
    25 F3d 1042
    Appellants appeal from the district court's order granting the Appellee's motion for summary judgment and denying their 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district co...

  • United States v. Wright
    25 F3d 1042
    Al Malik Wright appeals from the sentence imposed by the district court after his plea of guilty to the charge of possession with intent to distribute cocaine base. He contends that his plea was inva...

  • United States v. Sturgill
    25 F3d 1042
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • Coker v. Henry
    25 F3d 1047
    The plaintiff, Craig Coker, brought this suit under 42 U.S.C. Sec. 1983, alleging that the social workers involved in his foster care placement violated his substantive and procedural due process righ...

  • General Environmental Science Corp v. L Horsfall
    25 F3d 1048
    In this commercial dispute, plaintiff moved the district court for sanctions, citing what it perceived to be defendants' and defense counsel's abuse of the discovery process. The district court grant...

  • Island Creek Coal Company v. F Messamore
    25 F3d 1048
    Island Creek Coal Company ("Island Creek") petitions this court to review a final order of the Benefits Review Board ("Board") affirming an award of Black Lung Benefits to Respondent Jewell F. Messamo...

  • Gieseking v. Secretary Of Health and Human Services
    25 F3d 1048
    Claimant John Gieseking appeals the decision of the Secretary of Health and Human Services denying his claim for Supplemental Security Income ("SSI") filed pursuant to 42 U.S.C. Secs. 1381 and 1382. ...

  • United States v. Harwood
    25 F3d 1051
    In this case, the defendant, Charles Randall Harwood, asks us to decide whether his dual punishments on charges that he carried and used a firearm during a crime of violence, in violation of 18 U.S.C....

  • Schmanke v. United States
    25 F3d 1053
    Mark Schmanke appeals from the summary denial of his motion to vacate his sentence pursuant to 28 U.S.C. Sec. 2255. He argues that his appointed trial counsel, Attorney James Meyer, was ineffective b...

  • United States v. Alcan Aluminum Inc S and W L
    25 F3d 1174
    In this appeal we must decide whether a party who has entered into a consent decree with the Environmental Protection Agency for the cleanup of a superfund site may intervene in subsequent litigation ...

  • United States v. Pardo
    25 F3d 1187
    Appellant Juan Pardo challenges on four grounds his sentence imposed after a guilty plea to single counts of bank and wire fraud and a count of failure to appear. Two grounds are set forth in his cou...

  • Chan v. H Miller
    26 F3d 129
    MEMORANDUM Plaintiffs, who were taxi drivers for DeSoto Cab Company ("DeSoto" or "the cab company"), claim both the cab company and the Teamsters Union breached their duty to the cab drivers by enter...

  • Christopher v. Gomez
    26 F3d 129
    MEMORANDUM Michael Allen Christopher, a California state prisoner, appeals pro se the district court's denial of his motion for preliminary injunction which was filed in his 42 U.S.C. Sec. 1983 civil...

  • Daylami v. Immigration and Naturalization Service
    26 F3d 130
    Before: NORRIS and O'SCANNLAIN Circuit Judges; and COUGHENOUR, District Judge. MEMORANDUM Asadollah Daylami and his family are natives of Iran and seek relief from deportation. Petitioners maint...

  • Demers v. Roncor Incorporated
    26 F3d 130
    MEMORANDUM Class plaintiffs and Louis and Donna Loader appeal the district court judgment and post-trial orders. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. A. The court did not err...

  • Sauer v. State Of Alaska
    26 F3d 132
    MEMORANDUM Robert Sauer, a former Alaska state prisoner who is now on parole, appeals the denial of his habeas corpus petition, filed under 28 U.S.C. Sec. 2254 (1988), in which he alleged violations ...

  • Sutton v. L Kernan
    26 F3d 132
    Before: FLETCHER and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM California state prisoner Adam Clayton Sutton appeals pro se the denial of his 28 U.S.C. Sec. 2254 habeas petition ...

  • Stick v. Huston
    26 F3d 132
    MEMORANDUM John Stick petitions for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. Stick was convicted by Arizona juries in two proceedings: first, for theft and burglary at the Maverick Ba...

  • United States v. Rapalo
    26 F3d 134
    MEMORANDUM Albert Sergio Rapalo appeals his sentence imposed by the district court following his guilty plea to possession of heroin in prison, 18 U.S.C. Sec. 1791(a)(2). Rapalo argues that because ...

  • United States v. Ramirez Garcia
    26 F3d 134
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM Rosa Elia Ramirez-Garcia appeals her jury conviction for possession of heroin with intent to distri...

  • United States v. Reyes Montoya
    26 F3d 135
    Before: BROWNING, and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM The district court did not err in calculating Reyes' offense level based on the 300 kilograms Garcia init...

  • United States v. Requena
    26 F3d 135
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM Denmark David Requena and Tommie Lee Evans appeal their sentences imposed under the Sentencing Guid...

  • Wolfe v. R Franklin
    26 F3d 136
    MEMORANDUM Burton Wolfe challenges the district court's dismissal of this action for failure to state a claim. Wolfe raised all of the claims in this suit in the companion case, Chan v. Miller, No. ...

  • Hatch v. Durocher Dock and Dredge Incorporated
    33 F3d 545
    Plaintiff Hatch sued his employer, Durocher Dock and Dredge, Inc. (Durocher) for personal injuries suffered in the course of his employment aboard a floating work platform, the Samuel II. The distri...

  • Donna Independent School District v. G Balli G Balli Fdic
    21 F3d 100
    Three Texas taxing units, the City of Donna, the Donna Independent School District, and Hidalgo County, appeal a judgment prohibiting their foreclosure on property tax liens without preserving liens h...

  • Kansa v. Congressional
    20 F3d 1362
    Appellants Kansa Reinsurance Company, Ltd. ("Kansa") and United Postal Savings & Loan Association ("United Postal") appeal from the district court's summary adjudication of their claims against d...

  • United States v. Holland
    22 F3d 1040
    In this appeal, David Wayne Holland challenges his convictions and sentences on three counts of perjury. By cross-appeal, the Government contends that the sentences imposed by the district court fail...

  • United States v. C Godfrey
    22 F3d 1048
    In this case, the Government appeals a sentence imposed below the guideline sentence range for possession of an unregistered sawed-off shotgun in violation of 26 U.S.C. Sec. 5861(d) (1988). The Gover...

  • Calabria v. E Dubois Etc
    23 F3d 394
    Plaintiff Dante Calabria, a Massachusetts inmate, appeals the dismissal of his pro se Sec. 1983 action for failure to state a claim. These facts appear from the face of the complaint. * In November...

  • Tillett v. United States Of America
    23 F3d 395
    Oscar Anibal Tillett appeals the dismissal of his motion under 28 U.S.C. Sec. 2255. We affirm. In this case, the magistrate recommended dismissing Tillett's section 2255 petition on the ground that...

  • Wedgesledges Of California Inc v. City Of Phoenix Arizona
    24 F3d 56
    Appellants are the manufacturer and former distributors and owners of an arcade "crane" amusement game called "The Challenger." Soon after such games were first introduced in Phoenix, the City recei...

  • United States v. United States
    24 F3d 340
    In this opinion, we address sentencing issues which are consolidated from three appeals. In United States v. LeBlanc and United States v. Weinstein, the Government has appealed the district court's d...

  • United States v. Moore B
    24 F3d 624
    Brian Lee Moore was convicted of various drug offenses and sentenced to 63 months imprisonment. The district court entered the judgment order on October 8, 1991. Under Fed.R.App.P. 4(b), Moore had t...

  • Schultz v. G Butcher Iii
    24 F3d 626
    Karen Schultz was injured when the small boat in which she was riding crossed the wake created by The Spirit of Mount Vernon, a large passenger vessel, which caused the smaller boat to impact sharply ...

  • Baker v. Bethlehem Steel Corporation
    24 F3d 632
    The instant case presents the issue of whether a longshore employee who sustains an occupational, noise-induced, monaural hearing loss may be compensated for a monaural loss or must instead have his l...

  • United States v. Locklear
    24 F3d 641
    Mitchell Locklear and Lee Allen Lowry appeal their convictions on drug-related charges. We remand Mitchell Locklear's case for resentencing in light of the district court's erroneous use of U.S.S.G. ...

  • United States v. Real Property Known and Numbered As Rural Route Box 137 B Cutler Ohio
    24 F3d 845
    Claimant, John Mayle, appeals the judgment of the district court directing the forfeiture, pursuant to 21 U.S.C. Sec. 881(a)(7), of certain real property used to facilitate the manufacture and distrib...

  • Farkas Do
    24 F3d 853
    Neil J. Farkas, D.O. and Neil J. Farkas, D.O., P.C. ("Dr. Farkas") appeal the district court's dismissal of their claim against Blue Cross & Blue Shield of Michigan ("BCBSM") and the intervenor, ...

  • United States v. Buenrostro Torres
    24 F3d 1173
    Juan Buenrostro-Torres appeals his sentence imposed after he pleaded guilty to four counts of possession of false immigration documents and document-making equipment with intent to produce and transfe...

  • Ying v. Commissioner Of Internal Revenue
    25 F3d 84
    This case arises out of different income tax treatments of a husband and a wife, both of whom were permanent resident aliens in the United States. The United States Tax Court, Laurence J. Whalen, Jud...

  • Brown v. Health Care and Retirement Corporation Of America
    25 F3d 90
    John M. Creane, Milford, CT, for plaintiff-appellee. Leonard L. Scheinholtz, John G. Ferreria, Reed Smith Shaw & McClay, Pittsburgh, PA and Gerald L. Garlick, Leventhal, Krasow & Roos, P.C.,...

  • United States v. S Parker
    25 F3d 442
    We affirm in part and reverse in part. The appellant admits to having helped plan and participate in four armed robberies while employed by the State of Indiana as a State Trooper. The first armed ...

  • United States v. G Knapp
    25 F3d 451
    Elsa Lamelas, Asst. U.S. Atty., Chris R. Larsen, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Milwaukee, WI, for plaintiff-appellee. James M. Shellow (argued), Robert R. Henak, Dean A. Stra...

  • United States v. Mumford
    25 F3d 461
    Christopher T. Van Wagner, Office of U.S. Atty., Madison, WI (argued) for U.S. David L. Mandell (argued), Rick B. Meier, Mandell & Ginsberg, Madison, WI, for Brett Mumford. James P. Brennan, Q...

  • Drl Enterprises Incorporated v. United States
    25 F3d 470
    This appeal requires us to decide whether a lender who advances money for the production costs of a film, the repayment of which is calculated as a percentage of the film's gross proceeds, is entitled...

  • Belfield v. L Jackson W A Y F
    25 F3d 1038
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Campbell v. W Murray M A
    25 F3d 1038
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Broughton Broughton v. J Mac Boxley and Pa and Pa and Pa J A Mrw D B G Broughton B
    25 F3d 1038
    In July 1969, MRW conveyed the majority of the land to Millbrook Development Company. Millbrook reconveyed the property to MRW in October 1969. In November 1971, MRW conveyed approximately eighty ac...

  • Grandison v. Virginia Department Of Corrections
    25 F3d 1039
    Lorenzo Grandison appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint for failure to name the proper defendants. An involuntary dismissal upon nonjurisdictiona...

  • Jackson v. Corcoran A D
    25 F3d 1039
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint and denying his motion for an injunction. Our review of the record and the district court'...

  • Rose v. Director Office Of Workers Compensation Programs
    25 F3d 1040
    Edith Rose, the widow of Garland Rose, filed a claim for survivor's benefits under the Black Lung Benefits Act, 30 U.S.C. Secs. 901-945, after her husband was killed in a mining accident. After a hea...

  • Mendez v. United States
    25 F3d 1040
    Appellant appeals from the district court's order that dismissed his 28 U.S.C. Sec. 2241 (1988) petition. Our review of the record and the district court's opinion accepting the recommendation of the...

  • Short v. Smith
    25 F3d 1040
    Appellant 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 appeal is...

  • Patterson v. Smith
    25 F3d 1040
    Appellant 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 accepting the recommendation ...

  • Howell O Miller Jr v. Jack Dewan
    25 F3d 1040
    Appellant appeals the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint. The district court assessed a filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th Cir.19...

  • United States v. Fort
    25 F3d 1041
    This appeal arises from the convictions of the appellants on a number of drug related charges. The case involves a large cocaine ring in Fayetteville, North Carolina known as the "Powder Boys." The ...

  • United States v. Matthews
    25 F3d 1042
    In this consolidated appeal, appellants, Mark Matthews (Mark), his sister, Debbie Matthews (Debbie), and John Ponko (Ponko), appeal the judgment entered by the district court in their respective cases...

  • United States Of America v. A Mims
    25 F3d 1042
    Appellant appeals from the district court orders denying relief on his 28 U.S.C. Sec. 2255 (1988) complaint and denying his motion for reconsideration of that order. Our review of the record and the ...

  • United States v. King
    25 F3d 1042
    Anthony Demps King appeals his conviction and sentence on drug and firearm charges, arguing that the government failed to prove chain of custody for the drug evidence and the court erred in imposing s...

  • Wilkins v. R Swann L E
    25 F3d 1042
    Appellant appeals the district court's order dismissing portions of his 42 U.S.C. Sec. 1983 (1988) complaint. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This...

  • Brown v. United States
    25 F3d 1047
    This is an appeal from an order rejecting a collateral attack on a federal criminal conviction. After exhaustion of his direct appeal rights, the petitioner sought relief under 28 U.S.C. Sec. 2255 on...

  • Arendall v. Morgan
    25 F3d 1047
    Petitioner William David Arendall ("Arendall") appeals the district court's dismissal of his petition for writ of habeas corpus based on his failure to raise all constitutional claims within prior pet...

  • Hatfield v. Daugherty
    25 F3d 1048
    The question presented in this habeas corpus appeal is whether equal protection and due process require a bifurcated procedure for the guilt and penalty phases in cases where the defendant is charged ...

  • Graham v. Van Osdale Carl Lowell
    25 F3d 1048
    Defendants Van Osdale and Lowell, pursuant to Mitchell v. Forsyth, 472 U.S. 511, 530 (1985), seek an interlocutory appeal of the district court's order denying their motion for summary judgment on th...

  • National Labor Relations Board v. Lwd Inc Lwd Lwd
    25 F3d 1049
    This case is before the court on the application of the National Labor Relations Board (the "Board") to enforce an order it issued against LWD, Inc., LWD Sanitary Landfill, Inc., and LWD Trucking, Inc...

  • United States v. Matthews
    25 F3d 1051
    Defendants Theatrice Matthews and Derron Maclin were charged with, and convicted of, aiding and abetting each other in the possession of two kilograms of cocaine with intent to distribute, in violatio...

  • United States v. Peraza
    25 F3d 1051
    The defendants, Raphael Peraza and Rafael Morcate, were found guilty of having committed drug and firearm offenses. Both men have appealed. Mr. Peraza, who is Hispanic, argues that his conviction sh...

  • United States v. Smith
    25 F3d 1052
    On November 4, 1992, a jury found Don Curtis Smith, Appellant, guilty of possessing approximately forty-eight grams of cocaine base with the intent to distribute, in violation of 21 U.S.C. Sec. 841(a)...

  • Berry v. L Nunn
    25 F3d 1053
    Percy Ray Berry, proceeding pro se, appeals from the district court's grant of summary judgment to all defendants in this civil rights action under 42 U.S.C. Sec. 1983. Berry first asserts that he w...

  • Americontainer Limited Partnership v. S Rankin R and R
    25 F3d 1053
    Defendant Robert Rankin appeals the entry of a judgment against him awarding $1,899,822.70 in compensatory damages, $550,480.13 in prejudgment interest, $27,312.00 in attorneys fees and $2,271.45 in c...

  • Hunter v. Continental Airlines Inc
    26 F3d 130
    MEMORANDUM Plaintiff-appellant Kim Hunter appeals the district court's dismissal of his claim that defendant-appellee Continental Airlines breached Hunter's employment contract. The district court d...

  • Jimenez v. United States
    26 F3d 131
    MEMORANDUM Manuel Jimenez appeals an order denying his petition for habeas corpus pursuant to 28 U.S.C. Sec. 2255. He contends that the district court's correction of sentence by imposing a statutor...

  • People Of The Territory Of Guam v. Camacho
    26 F3d 131
    MEMORANDUM Albert Blas Camacho appeals the order of the District Court of Guam, Appellate Division, affirming his conviction in the Superior Court of Guam of one count of first degree criminal sexual...

  • Rivera v. State Of Hawaii
    26 F3d 132
    MEMORANDUM Sylva Rivera was convicted of second degree robbery and terroristic threatening. After exhausting his state court remedies, he filed a petition for a writ of habeas corpus pursuant to 28 ...

  • United States v. K Fortson
    26 F3d 133
    MEMORANDUM The Government sued James K. Fortson for breach of his National Health Services Corps ("NHSC") contract. The district court granted summary judgment for the Government. We have jurisdict...

  • United States v. Difronzo
    26 F3d 133
    MEMORANDUM In these consolidated appeals, Donald John Angelini and John DiFronzo appeal their convictions for conspiracy, in violation of 18 U.S.C. Sec. 371, and mail and wire fraud, in violation of ...

  • Nguyen v. Department Of Army
    29 F3d 644
    Petitioner, Vu Chuc Nguyen, (Mr. Nguyen), seeks review of the May 3, 1993, final decision of the Merit Systems Protection Board (MSPB or board), Docket No. No. SF0752920469-C-I, denying his petition f...

  • Mandalay v. Mandalay
    21 F3d 380
    In this interpleader case arising out of a bankruptcy action, a savings bank seeks attorneys' fees for its role as a putative innocent stakeholder. The bankruptcy court denied the bank's application ...

  • Harris v. Coweta County T
    21 F3d 388
    As no member of this panel, nor any other judge in regular active service on this Court, has requested that this Court be polled on rehearing en banc, the suggestion of rehearing en banc is DENIED. F...

  • United States v. Valentine
    21 F3d 395
    In this case, we must decide whether the district court's upward departure from the range prescribed by the sentencing guidelines comported with the rule enunciated by the Supreme Court in Burns v. Un...

  • Employers Association Inc v. United Steelworkers Of America
    23 F3d 214
    On March 18, 1994, we filed an opinion, 19 F.3d 405, in which a majority of this panel concurred, holding that the federal courts should abstain from reaching the merits of the preemption question pre...

  • United States v. Certain Real Property Located At River Road Eliot York County Maine B
    23 F3d 395
    Dana B. Snodgrass, Jr. appeals from the district court's order dismissing his claim to the defendant property for lack of standing and from the judgment of forfeiture for the United States. We affirm...

  • Bagley v. A Lanham
    23 F3d 399
    Nick D. Bagley, an inmate presently incarcerated at the Maryland Correctional Adjustment Center, seeks to appeal the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. ...

  • Ganey v. A Wilson
    23 F3d 400
    Appellant appeals from the district court's order denying his Rule 60(b) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, w...

  • Glenn v. E Shalala
    23 F3d 400
    Appellant, Gale Glenn, contends that the Secretary of Health and Human Services erred in denying his application for Social Security disability payments and his request for a period of disability. We...

  • Johnson v. Ratcliffe Iv
    23 F3d 401
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Hampton Audio Electronics Incorporated v. Contel Cellular Incorporated C
    23 F3d 401
    Hampton Audio Electronics, Inc. brought suit seeking damages from Contel Cellular, Inc. for alleged violations of the Virginia Retail Franchising Act, Va Code Ann. Secs. 13.1.557-.574 (Michie 1993), a...

  • Percell v. International Business Machines Corporation
    23 F3d 402
    Appellant, Robert Percell, a black male, filed a claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C.2000e et seq., in state court on August 8, 1990, alleging that the appellee, Internatio...

  • Tucker v. Drew
    23 F3d 403
    Cornelius Tucker appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaints and imposing a pre-filing injunction upon him. Because we find that Tucker was not given ...

  • United States v. Anderson
    23 F3d 403
    James Leon Anderson appeals from his conviction and sentence for bank robbery (Appeal No. 92-5601), and the denial of his pro se motion for transcripts at government expense. (Appeal No. 93-5340). F...

  • United States v. Bland
    23 F3d 403
    Phillip Arnold Bland, Jr., appeals from two district court orders denying his 28 U.S.C. Sec. 2255 (1988) motion. Bland filed the motion alleging three instances of ineffective assistance of counsel. ...

  • Tucker v. Barrett
    23 F3d 403
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of...

  • 4nited States v. Ogden
    23 F3d 404
    Wayne Ogden appeals from a district court judgment finding him guilty of possessing a firearm and being a convicted felon in violation of 18 U.S.C. Secs. 922(g)(1) (1979 & Supp.1992). Specificall...

  • Venable v. Federal Bureau Of Investigation
    23 F3d 404
    Manuel Holbert Venable, a Virginia inmate, appeals from the district court's dismissal of his civil action under 42 U.S.C. Sec. 1983 (1988) due to his failure to pay a mandatory minimum filing fee. B...

  • Williams v. Harper
    23 F3d 404
    Appellant seeks to appeal the district court's order denying relief without prejudice on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion discloses t...

  • Wilgis v. Lanham F
    23 F3d 404
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • T Bill Option Club v. Brown and Company Securities Corporation
    23 F3d 410
    The plaintiff, T-Bill Option Club ("T-Bill"), brought an action for breach of contract and breach of fiduciary duty in Illinois state court against the defendant, Brown & Company Securities Corpor...

  • Merino Calenti v. Boto
    24 F3d 335
    Plaintiffs-appellants, shareholders in a closely-held and largely family-dominated Puerto Rico corporation, brought this claim against certain directors of the corporation, challenging the legality of...

  • United States v. Thomas
    24 F3d 829
    Defendant Joseph Everett Thomas appeals from 60-month concurrent sentences imposed on him after he pled guilty to three counts of bank fraud. Although under the federal sentencing guidelines the defe...

  • Equal Employment Opportunity Commission v. Wilson Metal Casket Company
    24 F3d 836
    Defendant-Appellant, Wilson Metal Casket Co. ("Wilson Metal"), appeals the district court's judgment for Plaintiff-Appellee, the Equal Employment Opportunity Commission ("EEOC"), in an employment act...

  • United Farm Bureau Mutual Insurance Company Inc v. Metropolitan Human Relations Commission
    24 F3d 1008
    Richard P. Kesterke ("Kesterke") filed a complaint with the Metropolitan Human Relations Commission of the City of Fort Wayne, Indiana ("Metro"), claiming that United Farm Bureau Mutual Insurance Comp...

  • Wals v. Fox Hills Development Corporation
    24 F3d 1016
    The district judge rebuffed the plaintiffs' effort to characterize a condominium time-sharing purchase and rental agreement as an investment contract subject to the Securities Act of 1933. 15 U.S.C. ...

  • Kazmierczak Swanson
    24 F3d 1020
    In 1990 and 1991, the debtors, a farm couple, had bought fertilizer and chemicals for their farm from Terra International on credit secured by their crops. The debtors executed a new security agreeme...

  • African American Citizens For Change v. St Louis Board Of Police Commissioners
    24 F3d 1052
    Chapter 84 of the Revised Statutes of Missouri grants control over the St. Louis Police Department to the St. Louis Board of Police Commissioners. The five-member Board consists of the Mayor of St. L...

  • Stauch v. Unisys Corporation
    24 F3d 1054
    Leland Stauch brought this action seeking recovery of benefits under a group disability policy purchased by his employer, defendant Unisys Corporation, from defendant First Unum Life Insurance Company...

  • Headrick v. Rockwell International Corporation
    24 F3d 1272
    WHITE, Associate Justice (Retired). Appellants filed this action seeking damages from their erstwhile employer under, amongst other provisions, the Employee Retirement Income Security Act ("ERISA"),...

  • Conservation Law Foundation v. Federal Highway Administration
    24 F3d 1465
    Plaintiffs in this case appeal the denial of their motion for a preliminary injunction. The district court denied the injunction on the ground that the plaintiffs failed to show a likelihood of succe...

  • Wh Smith Hotel Services Inc v. Wendys International Inc
    25 F3d 422
    An oasis is a "small place preserved from surrounding unpleasantness," The American Heritage Dictionary 856 (2d ed. 1982), but for WH Smith Hotel Services, Inc. (Smith), and Wendy's International, In...

  • United States v. Corral Ibarra
    25 F3d 430
    A jury convicted Francisco Corral-Ibarra ("Corral-Ibarra") and Roberto Herrera ("Herrera") each of one count of conspiracy to distribute cocaine and one count of attempted possession with the intent t...

  • United States v. Texas Instruments Corp
    25 F3d 725
    In October of 1989, Roland Gibeault and Inge Maudal brought a qui tam action against Texas Instruments [T.I.], alleging it defrauded the United States by making false claims under a contract with the ...

  • Bomis v. National Union Fire Insurance Co
    25 F3d 1047
    In October of 1987, Janis Bomis, the debtor, filed a Chapter XIII petition with the United States Bankruptcy Court for the Eastern District of Michigan. In November of 1990, Bomis filed a Chapter VII...

  • Kaiser v. Zent
    25 F3d 1048
    Before: JONES, Circuit Judge; WELLFORD, Senior Circuit Judge, and ENSLEN, District Judge. John B. Kaiser, a pro se Ohio prisoner, appeals a district court judgment dismissing his habeas petition f...

  • Hall v. T Runyon
    25 F3d 1048
    Dona Hall, a pro se Ohio resident, appeals a district court judgment dismissing her civil rights complaint filed pursuant to 42 U.S.C. Sec. 2000e (Title VII). The case has been referred to a panel of...

  • Macneal v. Secretary Of Health and Human Services
    25 F3d 1049
    The plaintiff, Dmitri MacNeal, appeals the district court's denial of his motion for summary judgment and the granting of summary judgment in favor of the Secretary of Health and Human Services. The ...

  • Lewless v. Secretary Of Health and Human Services
    25 F3d 1049
    Plaintiff Garnett Lewless appeals the district court's grant of summary judgment to the Secretary denying her claim for supplemental security income (SSI). Two issues are raised on appeal: (1) wheth...

  • United States v. Mercedes Benz D
    25 F3d 1051
    Before: JONES, Circuit Judge; WELLFORD, Senior Circuit Judge, and ENSLEN, District Judge. Irving D. Sisson appeals pro se from a district court judgment which condemned an automobile in a civil fo...

  • Wexley v. Michigan State University
    25 F3d 1052
    Kenneth N. Wexley appeals the district court's summary judgment disposition of his religious discrimination claims. We affirm the district court's April 19, 1993 determinations for the following reas...

  • Rain Bird Sprinkler Mfg Corp v. Toro Company
    26 F3d 141
    Before NEWMAN and MICHEL, Circuit Judges, and MILLS, District Judge. MILLS, District Judge. The U.S. District Court for the Central District of California entered summary judgment for Rain Bird Sp...

  • Arevalo Figueroa v. Us Immigration and Naturalization Service
    28 F3d 104
    Before: KOZINSKI and TROTT, Circuit Judges, and WILLIAMS, District Judge. MEMORANDUM Carlos Arevalo-Figueroa petitions for review of the Board of Immigration Appeals' ("BIA") decision denying his ...

  • American Continental Corporationlincoln Savings Loan Securities Litigation Shields v. H Keating D
    28 F3d 104
    Before: ALARCON and FERNANDEZ, Circuit Judges, and WILSON, District Judge. MEMORANDUM Conley D. Wolfswinkel appeals from a judgment entered against him based upon securities fraud, RICO, and vario...

  • National Insurance Services v. Health Practice Management Inc A
    28 F3d 107
    MEMORANDUM This appeal stands or falls largely on the answer to a single question: Is a "grandson" a "son" for purposes of the Ben-E-Med insurance policy? We conclude that the two terms are not sy...

  • United States v. Alvarez
    28 F3d 108
    MEMORANDUM On December 10, 1992, Tomas Alvarez was convicted by a jury of using or carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. Sec. 924(c)(1). On...

  • Resolution Trust Corporation v. American Realty Group Inc
    28 F3d 108
    MEMORANDUM American Realty Group, Inc. ("ARG") appeals from the district court's entry of summary judgment in favor of the Resolution Trust Corporation ("RTC") on the latter's breach of contract act...

  • Ruffino v. North Slope Borough
    28 F3d 108
    MEMORANDUM* Appellants are former or current law enforcement officers employed in remote Alaskan villages by the North Slope Borough Department of Public Safety ("the Borough"). The officers brought...

  • United States v. Kahakua
    28 F3d 109
    MEMORANDUM Warren Kahakua appeals his sentence on Count 4 for rape after the district court had granted his 28 U.S.C. Sec. 2255 motion to vacate the 20-year term, consecutive to an identical term on ...

  • United States v. Foster
    28 F3d 109
    MEMORANDUM David Lee Foster appeals from his sentence following conviction on one count of possession with intent to distribute cocaine, arguing that the district court erred by sentencing him as a c...

  • United States v. Lopez
    28 F3d 109
    MEMORANDUM Oscar Armando Lopez appeals his conviction and fifty-one month sentence following entry of a conditional guilty plea for possession of a firearm by a felon in violation of 18 U.S.C. Sec. 9...

  • Vicks v. Jm Ratelle
    28 F3d 110
    MEMORANDUM Michael Dean Vicks appeals pro se from the district court's denial of his second petition for writ of habeas corpus, arguing that the district court erred by holding that the petition was ...

  • Velazquez v. G Borg
    28 F3d 110
    Before: FLETCHER and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM California state prisoner Guillermo Velazquez appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254...

  • United States v. City Of San Diego
    36 F3d 1103
    Before: REINHARDT, T.G. NELSON, Circuit Judges, and FRANK A. KAUFMAN, District Judge. MEMORANDUM "A case becomes moot when interim relief or events have deprived the court of the ability to redres...

  • West v. Resolution Trust Company
    22 F3d 99
    Matthus M. West sued his former employer for sex and age discrimination. More than seven months after West filed suit, the Civil Rights Act of 1991 became effective. West moved for a jury trial on h...

  • Camilo Montoya v. United States
    23 F3d 394
    In 1986, appellant Juan Camilo Montoya, a Colombian native, was convicted of federal drug offenses after being tried in absentia. His sentence included a 22 year prison term. He has served approxima...

  • Capitol Emi Music Incorporated v. National Labor Relations Board
    23 F3d 399
    The issues presented in this appeal are: (1) whether substantial evidence supports the determination of the National Labor Relations Board (the Board) that Capitol EMI Music, Inc. (Capitol) violated...

  • Alexander El v. Miller
    23 F3d 399
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Battle v. Evatt
    23 F3d 399
    Appellant appeals from a district court's letter requesting a proposed order. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This Court may exercise jurisdiction...

  • Chambers v. D A Williams
    23 F3d 400
    Appellant 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 appeal is...

  • Davis v. Smith D D F
    23 F3d 400
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Frederick Douglass Eberhardt v. Warden
    23 F3d 400
    Appellant 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 appeal is...

  • Karavias Ii v. Smith
    23 F3d 401
    Appellant appeals from the district court's order denying his motion for appointment of counsel. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This Court may ex...

  • Joseph Marion Head Jr v. North Carolina Prisoner Legal Services Incorporated
    23 F3d 401
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Hayward v. Mills
    23 F3d 401
    Appellant seeks to appeal the district court's order which denied relief on his 42 U.S.C. Sec. 1983 (1988) complaint without prejudice. Because Appellant could cure the defects in his complaint throu...

  • Reep v. W
    23 F3d 402
    Appellant 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 accepting the recommendation ...

  • Ratliff v. Jewell Ridge Coal Company
    23 F3d 402
    Claude Ratliff, a former coal miner, appeals from a decision of the Benefits Review Board (Board) affirming the administrative law judge's (ALJ) decision to deny his application for black lung benefit...

  • Robert Rudolph Pruitt v. Charles Hill
    23 F3d 402
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Schwartz
    23 F3d 403
    The instant case arises from three different actions brought under the Securities Exchange Act. All three cases were consolidated for appeal. The district court dismissed the three actions with prej...

  • Checkosky v. Securities and Exchange Commission J Checkosky A J Checkosky A
    23 F3d 452
    Circuit Judge SILBERMAN filed a separate opinion. Circuit Judge RANDOLPH filed a separate opinion. District Judge REYNOLDS filed a separate opinion, concurring in part and dissenting in part. Th...

  • Bliley v. Kelly
    23 F3d 507
    The Home Rule Act allows Congress thirty statutory days to review legislation enacted by the Council of the District of Columbia. In December 1990, the Council enacted legislation that would impose s...

  • United States v. Kim
    23 F3d 513
    Appellant, a mortgage broker who pled guilty to submitting a false bank loan application, challenges the district court's two-level upward adjustment under the U.S. Sentencing Guidelines for more than...

  • United States Department Of Interior Bureau Of Reclamation Dc v. Federal Labor Relations Authority
    23 F3d 518
    In this case, the Department of the Interior ("Interior" or "DOI") challenges an order of the Federal Labor Relations Authority ("FLRA" or "Authority") requiring DOI to bargain with unions representin...

  • Carr v. Reno 92 5115
    23 F3d 525
    Rosemarie Carr was discharged from her position as Coding Clerk at the United States Attorney's Office because an ear condition frequently caused her to be absent from work for prolonged periods of ti...

  • Missouri Pacific Railroad Company v. Interstate Commerce Commission
    23 F3d 531
    The Missouri Pacific Railroad Company petitions for review of a decision by the Interstate Commerce Commission setting the amount that the railroad must pay for trackage rights over a bridge and adjac...

  • Gandal v. Telemundo Group Inc Advo Gandal
    23 F3d 539
    On July 20, 1993, we dismissed Gandal's tort claims against three other defendants on the ground that the district court lacked personal jurisdiction. See Gandal v. Telemundo Group, Inc., 997 F.2d 15...

  • Wright v. General Dynamics Corporation
    23 F3d 1478
    Sammie L. Wright filed a complaint on April 13, 1989, against her employer, General Dynamics, and her supervisor, Ray Sabin. Wright sought relief pursuant to Title VII, 42 U.S.C. Sec. 2000e et seq., ...

  • No 91 3313
    24 F3d 257
    The three appellants, Christopher Clarke, Brandon Marcell Barden, and Duane Cunningham, Jr., were tried before a jury in the United States District Court for the District of Columbia and were each con...

  • Government Of Virgin Islands 93 7372 v. Charleswell 93 7391
    24 F3d 571
    Juniel Charleswell was convicted on various criminal charges in the Territorial Court of the Virgin Islands, but the Appellate Division of the District Court of the Virgin Islands reversed and held th...

  • Zeisler v. Neese
    24 F3d 1000
    Is a plaintiff's lawyer, as distinct from the plaintiff himself, entitled to recover attorney's fees in a suit under the Truth in Lending Act, 15 U.S.C. Secs. 1601 et seq.? Carol Zeisler had bought a...

  • Jackson v. P Roth
    24 F3d 1002
    In 1981, Ralph Jackson, who was then 29 years old and had no previous criminal record, was convicted in an Illinois state court of having raped a woman whom we shall call W. He was sentenced to 30 ye...

  • United States v. G Marlatt
    24 F3d 1005
    The defendant pleaded guilty to one count of mail fraud in violation of 18 U.S.C. Sec. 1341 and one count of making false statements to the Department of Labor in violation of 18 U.S.C. Sec. 1027 and ...

  • United States v. Carper
    24 F3d 1157
    The district court sentenced Larry Wayne Carper, Jr. to eighteen months imprisonment after it revoked his supervised release. Carper challenges this sentence on the ground that the district court did...

  • Steinle v. Boeing Company
    24 F3d 1250
    This appeal raises only the issue of the retroactivity of the 1991 Civil Rights Act provision for compensatory and punitive damages, 42 U.S.C.A. Sec. 1981a(a)(1) (West Supp.1994), and the related righ...

  • Bella v. Chamberlain
    24 F3d 1251
    Plaintiff Charles Bella brought this action against defendants Lee Chamberlain and Curtis Meyers, two officers of the United States Customs Service, alleging that they used excessive force against him...

  • Sidney Arst Co v. Pipefitters Welfare Educ Fund
    25 F3d 417
    This is an appeal of the dismissal of a complaint against corporate officers asserting liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Secs...

  • United States v. Gleason
    25 F3d 605
    Alfred E. Willett, Cedar Rapids, IA (argued) for the appellant. Stephen John Rapp, Waterloo, IA, argued (Janet L. Pepenthien, Cedar Rapids, IA, on the brief), for appellee. Before McMILLIAN, WOLLM...

  • United States v. L Bohl
    25 F3d 904
    In this appeal, we must consider whether the government violated the Due Process Clause of the Fifth Amendment by depriving the Defendants-Appellants, Richard R. Bell ("Bell") and George L. Bohl ("Boh...

  • Carpenter v. Department Of Energy
    25 F3d 1047
    The district court dismissed Kenneth Carpenter's suit challenging the Department of Energy's revocation of his security clearance for lack of subject matter jurisdiction. Carpenter appeals and we aff...

  • United States v. Beavers
    25 F3d 1050
    William Beavers appeals his judgment of conviction and sentence for distributing cocaine base. The parties have expressly waived oral argument, and this panel unanimously agrees that oral argument is...

  • Smith
    25 F3d 1050
    George and Linda Smith appeal district court orders granting summary judgment to General Motors Corporation ("GM") and to the United Auto Workers (the "UAW"). The underlying suit is a hybrid Sec. 301...

  • United States v. Corona
    25 F3d 1051
    Defendant-Appellant Robert Corona, who pled guilty to conspiracy to distribute cocaine in violation of 21 U.S.C. Secs. 841(a)(1) and 846, appeals the district court's two level enhancement of his sent...

  • United States v. Raley
    25 F3d 1051
    Defendant appellant, John Bernard Raley, appeals his convictions for manufacturing marijuana, in violation of 21 U.S.C. Sec. 841(a)(1); possessing with intent to distribute marijuana, in violation of...

  • United States v. Remke
    25 F3d 1051
    Defendant Patrick Horton Remke appeals his sentence on convictions for misappropriating bank funds, arguing that the district court erroneously determined that it lacked authority to depart downward. ...

  • McCormick v. Fund American Companies Inc
    26 F3d 869
    Plaintiff William M. McCormick appeals the dismissal of his claims on summary judgment. Between 1983 and 1989, McCormick was CEO of the Fireman's Fund Insurance Company (FFIC), a wholly-owned subsidi...

  • Laborers International Union Of North America v. Foster Wheeler Corporation
    26 F3d 375
    This appeal arises out of bitterly contested litigation over the applicability of a national "prehire" labor agreement to a worksite in Alabama. At ultimate issue is the defendant employers' failure ...

  • Wegoland Ltd v. Nynex Corp L and Nynex Nynex Nynex G C Nynex Nynex Nynex Nynex Nynex C C D Nynex
    27 F3d 17
    Plaintiff ratepayers appeal from a judgment of the United States District Court for the Southern District of New York (Kimba M. Wood, Judge) dismissing their two putative class action suits brought pu...

  • Baker v. McNeil Island Corrections Center
    28 F3d 104
    MEMORANDUM Leydell Baker, a Washington state prisoner, appeals pro se from the district court's judgment, following a bench trial, in favor of the McNeil Island Corrections Center (MCC) in his employ...

  • Fosses v. L Gates
    28 F3d 105
    MEMORANDUM Christopher Paul Fosses, an Oregon state prisoner, appeals the dismissal of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. This court has jurisdiction under 28 U.S.C. Sec. 22...

  • Labbe v. Bronco Wine Company
    28 F3d 106
    MEMORANDUM Ned L. Labbe appeals pro se the district court summary judgment in favor of Bronco Wine Company ("Bronco Wine") dba Classic Wines of California ("Classic Wines") in Labbe's action alleging...

  • Mossman v. Transamerica Insurance Company
    28 F3d 107
    MEMORANDUM Sean Mossman appeals the district court's granting of summary judgment for Transamerica. We have jurisdiction pursuant to 28 U.S.C. Secs. 1291 and 636(c)(3). We affirm. We review a gra...

  • Stephens v. State Of California
    28 F3d 108
    MEMORANDUM Donald T. Stephens, a minor in the custody of the California Youth Authority, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Steph...

  • United States v. Haraguchi
    28 F3d 109
    MEMORANDUM John Mitsuo Haraguchi appeals his sentence under the Sentencing Guidelines for his guilty plea conviction of possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841...

  • United States v. R Lew
    28 F3d 109
    MEMORANDUM Donald R. Lew appeals pro se the district court's denial of his Fed.R.Crim.P. 35(a) motion challenging his 18-month sentence imposed following a guilty plea to bank fraud in violation of 1...

  • United States v. Knapp
    28 F3d 109
    MEMORANDUM Christopher Knapp appeals his 120-month sentence imposed following a guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). Knapp contends that ...

  • United States v. J Dillon
    28 F3d 109
    MEMORANDUM Robert J. Dillon appeals the district court's restitution order of $163,187.80 imposed following a jury trial for wire fraud in violation of 18 U.S.C. Sec. 1343. Dillon contends the distr...

  • United States v. M Yarbro
    28 F3d 110
    MEMORANDUM John M. Yarbro appeals his 30-month sentence imposed following his guilty pleas to manufacturing marijuana in violation of 21 U.S.C. Sec. 841(a)(1), and being a fugitive in possession of a...

  • United States v. Perez Pereria
    28 F3d 110
    MEMORANDUM In this pre-Guidelines case, Pantaleon Perez-Pereria appeals pro se the district court's denial of his Fed.R.Crim.P. 35(a) motion to correct his 30-year sentence for a drug conspiracy offe...

  • United States v. Santollo Lopez
    28 F3d 110
    MEMORANDUM Raul Santollo-Lopez appeals his conviction and 72-month sentence following entry of a guilty plea to bank robbery in violation of 18 U.S.C. Sec. 2113(a). Pursuant to Anders v. Californi...

  • Witherow v. Rodriguez
    28 F3d 111
    MEMORANDUM John Witherow, a Nevada state prisoner, appeals pro se the district's summary judgment in favor of defendant prison employees in his 42 U.S.C. Sec. 1983 action. Witherow contends defendan...

  • Bancker Construction Corp v. Reich
    31 F3d 32
    Petitioner Bancker Construction Corporation petitions for review of an October 18, 1993 final order of the Occupational Safety and Health Review Commission ("Commission") affirming a citation against ...

  • Biro v. United States
    24 F3d 244
    MEMORANDUM Federal prisoner Zoltan Attila Biro ("Biro") appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence which the district c...

  • Commonwealth Of Pennsylvania Department Of Environmental Resources v. D Conroy
    24 F3d 568
    Frank Conroy operated and, through another corporation, owned a printing company. After the company ceased doing business, drums and canisters of hazardous waste were found on the premises. The Comm...

  • United States v. Sarno
    24 F3d 618
    Defendant Mark Paul Sarno appeals his convictions and sentence for conspiracy to escape from the Federal Correctional Institution in Morgantown, West Virginia (Morgantown FCI), in violation of 18 U.S....

  • Hammann v. United States
    24 F3d 976
    This case arises from the tragic death of Bradley Hammann on his family's dairy farm in Western Wisconsin. Mr. Hammann was asphyxiated when he ventured into a manure reception pit looking for his mis...

  • Little v. Shalala
    24 F3d 984
    Hospitals that provide inpatient treatment for Medicare patients are paid a predetermined amount per patient discharged, based primarily on the patient's diagnosis. Under the Prospective Payment Syst...

  • United States v. L Hunn
    24 F3d 994
    In this case the defendant, Andrew L. Hunn, pleaded guilty to five counts of bank robbery in violation of 18 U.S.C. Sec. 2113(a). In four of these counts the district court found that Hunn had made e...

  • Biro v. United States
    24 F3d 1140
    Federal prisoner Zoltan Attila Biro ("Biro") appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence which the district court imposed...

  • Williams v. United States
    24 F3d 1143
    We must decide whether one who erroneously pays the taxes of another may sue for a refund. * In April 1975, Jerrold Rabin ("Rabin") and his then wife Lori Rabin (now Lori Williams) ("Williams") purc...

  • Parker v. Resolution
    24 F3d 1145
    The Resolution Trust Corporation, as receiver for Sooner Federal Savings and Loan Association, appeals a district court order reversing the bankruptcy court's holding that it lacked subject-matter jur...

  • United States v. Montoya
    24 F3d 1248
    Ms. Montoya plead guilty to possession with intent to distribute less than 50 kilograms of marijuana, 21 U.S.C. Sec. 841(a)(1), (b)(1)(D), and appeals the district court's decision not to grant her a ...

  • Shelden v. Barre Belt Granite Employer Union Pension Fund
    25 F3d 74
    Plaintiff Irene Shelden appeals from a judgment of the United States District Court for the District of Vermont, Franklin S. Billings, Jr., Judge, dismissing her complaint seeking a declaratory judgme...

  • Dory v. T Ryan
    25 F3d 81
    Defendant-appellee Burton T. Ryan, Jr. petitions this Court for a rehearing of our decision reversing the judgment of the United States District Court for the Eastern District of New York (Platt, C.J....

  • Credit Managers Association Of Southern California v. Kennesaw Life and Accident Insurance Company
    25 F3d 743
    In these consolidated appeals, Credit Managers Association of Southern California ("CMA"), appointed by a California state court as receiver for four insolvent health insurers, appeals the district co...

  • Curry v. Randall Curry
    25 F3d 1039
    In these consolidated appeals, Jessie Price Curry challenges the district court's orders denying relief on her complaint (Appeal No. 94-1327) and denying her Fed.R.Civ.P. motion to alter or amend the ...

  • Grandison v. Smith
    25 F3d 1039
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Gantt v. Newborne W
    25 F3d 1039
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Jackson Jackson
    25 F3d 1039
    Appellant appeals the district court's order dismissing her 42 U.S.C. Sec. 1983 (1988) complaint as to one but not all of the Defendants. We dismiss the appeal for lack of jurisdiction because the or...

  • Epps v. Simms Hh
    25 F3d 1039
    Appellant appeals from the district court's order that denied his Petition for Writ of Mandamus which he filed under 28 U.S.C. Sec. 1651 (1988). Our review of the record and the district court's opin...

  • Hockman Doc v. Jackson W Doc
    25 F3d 1039
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Moore v. Cw Kidd Us
    25 F3d 1040
    Appellant appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint and subsequent order denying appellant's Fed.R.Civ.P. 59(e) motion for reconsideration. Our revie...

  • Payne v. B Fairburn K P B E Iii
    25 F3d 1040
    Appellant appeals the district court's dismissal of a number of defendants. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This Court may exercise jurisdiction o...

  • Siers v. United States Parole Commission
    25 F3d 1040
    Appellant appeals from the orders of the district court dismissing his 28 U.S.C. Sec. 2241 (1988) and denying his motion for reconsideration. The district court held that it had no jurisdiction to co...

  • Montgomery v. Evatt Scdc
    25 F3d 1040
    Appellant appeals from a district court order accepting the recommendation of the magistrate judge and dismissing without prejudice his request for habeas corpus relief on the ground that appellant's ...

  • Parker v. The City Of Virginia Beach J W C R S M L D M
    25 F3d 1040
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • United States v. Fuller
    25 F3d 1041
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • Steele v. Richland County Department Of Social Services
    25 F3d 1041
    William Gary White, III ("White"), counsel in the underlying action, appeals the decision of the district court imposing Rule 11 sanctions against him for statements contained in a memorandum of law s...

  • Tucker v. Lucas
    25 F3d 1041
    Appellant appeals the district court's order granting him ninety days to exhaust administrative remedies. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This Cou...

  • United States v. Cherry
    25 F3d 1041
    Appellant appeals from the district court's order dismissing without prejudice his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this app...

  • Tucker v. Brooks C L T L
    25 F3d 1041
    Cornelius Tucker filed a 42 U.S.C. Sec. 1983 (1988) complaint in district court. Before any action was taken by the district court, Tucker filed a notice of appeal. We dismiss the appeal for lack of...

  • United States v. Ridings
    25 F3d 1042
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United States v. Keller
    25 F3d 1042
    Appellant appeals from the district court's order denying his 18 U.S.C. Sec. 3582(c)(2) (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without ...

  • Carpenter v. Rust Engineering Company
    25 F3d 1047
    Plaintiff-Appellant Daniel Carpenter appeals the grant of summary judgment in favor of Defendants-Appellees Harnischfeger Corporation and Champion International Corporation ("Harnischfeger" and "Champ...

  • Giovanetti Dds
    25 F3d 1048
    The Ohio State Dental Board (the "Board") suspended plaintiff James T. Giovanetti's license to practice dentistry for four months. Giovanetti and co-plaintiff Patricia Ann Giovanetti, his wife, alleg...

  • Johnston v. Secretary Of Health and Human Services
    25 F3d 1048
    Plaintiff-appellant William A. Johnston appeals the district court's order affirming the Secretary of Health and Human Services' denial of social security disability benefits. Mr. Johnston asserts th...

  • Sekermestrovich v. C Jones
    25 F3d 1050
    The plaintiffs, Goldline Wrecking Company and its president, John Sekermestrovich, appeal the district court's denial of their motion for a preliminary injunction, filed as part of an action brought u...

  • United States v. Bordayo
    25 F3d 1050
    Defendant, Henry Jo Bordayo, entered a Fed.R.Crim.P. 11 guilty plea to conspiracy to import marijuana and money laundering. The only issue raised on appeal is a claim of error arising from the distri...

  • United States v. Adame Lopez
    25 F3d 1050
    This is a direct appeal from a jury conviction for two drug related crimes. Counsel for the parties have expressly waived oral argument, and this panel unanimously agrees that oral argument is not ne...

  • United States v. Real Property Known
    25 F3d 1051
    Claimants, Shirley Mayle and Terry Mayle, appeal the judgment of the district court directing the forfeiture, pursuant to 21 U.S.C. Sec. 881(a)(7), of certain real property used to facilitate the manu...

  • United States v. Moya
    25 F3d 1051
    Defendant Efrain Moya appeals the sentence imposed pursuant to a guilty plea for travel in interstate commerce in aid of racketeering in violation of 18 U.S.C. Sec. 371 and Sec. 1952(a)(3). Defendant...

  • 2
    25 F3d 1051
    Before: SUHRHEINRICH and BATCHELDER, Circuit Judges, and RUBIN, District Judge. These cases are direct appeals from criminal convictions in which both attorneys have moved to withdraw representatio...

  • United States v. Ellis
    25 F3d 1051
    The defendant-appellant, Brook Byron Ellis, appeals from the order of the district court imposing three concurrent 151-month prison sentences upon him for bank robberies committed in July of 1992. Sp...

  • United States v. Jackson
    25 F3d 1051
    The defendant, David Jackson, pleaded guilty to possession of cocaine base (crack cocaine) with intent to distribute, in violation of 21 U.S.C. Sec. 841(a)(1) and 18 U.S.C. Sec. 2, and was sentenced t...

  • United States v. L Wallace
    25 F3d 1052
    Defendants Christopher Morgan, David Wallace and Darrin Hicks appeal their convictions and sentences imposed pursuant to guilty pleas to charges of conspiracy to distribute cocaine and possession with...

  • United States v. W Edwards C S J
    25 F3d 1054
    Before FLAUM and ROVNER, Circuit Judges, and CRABB, Chief District Judge. Defendants were charged and convicted for their roles in a conspiracy to distribute 100 or more kilograms of marijuana. All...

  • United States v. McCorvey
    26 F3d 134
    MEMORANDUM Christopher Jay McCorvey appeals his sentence imposed under the Armed Career Criminal Act, 18 U.S.C. Sec. 924(e) (ACCA), for being an ex-felon in possession of a firearm in violation of 18...

  • Habte v. Immigration and Naturalization Service
    26 F3d 130
    MEMORANDUM Alemayehu Habte petitions pro se for review of the Board of Immigration Appeals's decision denying his applications for political asylum and withholding of deportation. We have jurisdicti...

  • Kashiwabara v. United States
    26 F3d 131
    MEMORANDUM Kurt Kashiwabara appeals the district court's denial of his petition for habeas corpus, 28 U.S.C. Sec. 2255, following his conviction on assorted drug charges. The district court rejected...

  • Lekvold v. Westinghouse Hanford Co
    26 F3d 131
    MEMORANDUM Gary L. Lekvold appeals a summary judgment in favor of the defense in Lekvold's damages action alleging that the defendants retaliated against him for "whistleblowing" activities, in viola...

  • Sullivan v. M Frank Us
    26 F3d 132
    MEMORANDUM Jackie M. Sullivan appeals the district court's denial of her motion for reconsideration following summary judgment in favor of Postmaster Anthony Frank and the United States Postal Servic...

  • United States v. Diaz Arismendi
    26 F3d 133
    MEMORANDUM Ricardo Diaz-Arismendi appeals his conviction following jury trial for knowingly or recklessly transporting an illegal alien within the United States in violation of 8 U.S.C. Sec. 1324(a)(...

  • United States v. Gentry
    26 F3d 133
    MEMORANDUM Charles William Gentry appeals his 121-month sentence following entry of a guilty plea to engaging in a sexual act with a person incapable of appraising the nature of the conduct, in viola...

  • United States v. Becerra
    26 F3d 133
    Becerra argues the district court erred in assigning two criminal history points to his 1986 drug conviction. The Sentencing Guidelines require the court to assign two points for "each prior sentence...

  • United States v. Buse
    26 F3d 133
    MEMORANDUM Marcia Buse appeals her sentence imposed following entry of her guilty plea for false representations regarding social security information in violation of 42 U.S.C. Sec. 1307. Buse conte...

  • United States v. Mendez
    26 F3d 134
    MEMORANDUM David Richard Mendez appeals his 188-month sentence imposed following his guilty plea to bank robbery in violation of 18 U.S.C. Sec. 2113(a). Mendez contends the district court failed to ...

  • United States v. Hadden
    26 F3d 134
    Here, both parties agreed in the plea agreement that "defendant will be sentenced under Sentencing Guidelines offense Level 24, unless the presentence report concludes a lower level is applicable." ...

  • United States v. 102037805 Us Currency L
    26 F3d 134
    MEMORANDUM Claimant Robert L. Chesney appeals pro se the district court's summary judgment in favor of the United States in the government's civil forfeiture action pursuant to 18 U.S.C. Sec. 981(a)(...

  • United States v. V Okiyama
    26 F3d 134
    MEMORANDUM Frank V. Okiyama appeals his conviction following a jury trial for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g). Okiyama contends the district court erre...

  • United States v. Melendez
    26 F3d 134
    MEMORANDUM Frank Melendez, Jr., appeals his 235-month sentence imposed following entry of a guilty plea to possession of cocaine with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1). M...

  • United States v. Johnson
    26 F3d 134
    MEMORANDUM Desmond Johnson appeals his convictions on eight counts of possession of stolen United States Treasury checks in violation of 18 U.S.C. Sec. 510(b). Johnson contends that his statutory an...

  • United States v. Sheng
    26 F3d 135
    MEMORANDUM George Sheng appeals his conviction following jury trial for aiding and abetting the trafficking of counterfeit goods in violation of 18 U.S.C. Secs. 2320, 2 and entry of a nolo contendere...

  • United States v. Sanchez
    26 F3d 135
    MEMORANDUM Eiffel Sanchez appeals his 210-month sentence imposed following entry of a guilty plea to conspiracy to possess and distribute cocaine in violation of 21 U.S.C. Sec. 846. Sanchez contends...

  • United States v. Zaretsky
    26 F3d 135
    MEMORANDUM Warren Zaretsky appeals his fifteen-month sentence imposed following entry of a guilty plea to four counts of wire fraud, in violation of 18 U.S.C. Sec. 1343. Zaretsky contends (1) the di...

  • United States v. Vasquez
    26 F3d 135
    MEMORANDUM Three of six defendants convicted of participating in a cocaine distribution conspiracy appeal their convictions. Dionisio Vasquez ("Vasquez"), Nicholas Saltaris ("Saltaris"), and Jose Go...

  • Jack Olsen Inc v. Espy
    26 F3d 141
    Jack L. Olsen, Inc., (JLO), appeals a decision by the Agriculture Board of Contract Appeals, (AGBCA or board), finding entitlement and awarding JLO an equitable adjustment. JLO's appeal is directed t...

  • Roy v. United States Postal Service
    26 F3d 141
    Eric Roy, Sr. appeals the decision of the Merit Systems Protection Board (Board), Docket No. DA-0752-93-0012-I-1, which became final on May 21, 1993, when the Board denied review of the initial decisi...

  • Fernando v. Immigration and Naturalization Service
    29 F3d 631
    Before: THOMPSON and O'SCANNLAIN, Circuit Judges, and NIELSEN, District Judge. MEMORANDUM Leticia Miralles Fernando is a native and citizen of the Philippines. She appeals the Board of Immigratio...

  • Hammer v. L Slater
    20 F3d 1137
    The plaintiff-appellant, Jack Hammer, appeals the district court's grant of summary judgment to the defendant-appellees, Herbert and Renee Jaffess, in this diversity action for libel and intentional i...

  • United States v. Burleson
    22 F3d 93
    Julian Vermont Burleson pleaded guilty to being a convicted felon in possession of a firearm and was convicted without a plea bargain agreement. The district court sentenced Burleson to a prison term...

  • United States v. Cruz
    22 F3d 96
    Defendants-Appellants David Ramos, Jose Heli-Mejia, and German Cruz appeal their convictions for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Secs. 841(a)(1), (b)(...

  • United States v. Griffith
    22 F3d 686
    The defendant, Terry Lea Griffith, brings an appeal of her convictions for conspiracy to commit wire fraud, mail fraud, and interstate transportation of property obtained by fraud, in violation of 18 ...

  • United States v. R Hernandez Lebron
    23 F3d 600
    Defendant-appellant, Jose Hernandez-Lebron, pleaded guilty to drug possession and drug importation charges after he and Milagros Perez Delgado (Perez) were indicted for conspiracy and drug offenses. ...

  • Muniz Cabrero v. Ruiz
    23 F3d 607
    Plaintiff-appellant Manuel Muniz Cabrero appeals the district court's grant of summary judgment in favor of defendants-appellees Dr. Alejandro Ruiz ("Ruiz"), Dr. Karen Soto ("Soto"), Dr. Olga Hernande...

  • United States v. Troncoso
    23 F3d 612
    Gordon R. Blakeney, Jr., Concord, NH, by Appointment of the Court, for appellant. Jean B. Weld, Asst. U.S. Atty., with whom Paul M. Gagnon, U.S. Atty., Concord, NH, was on brief for appellee. Befo...

  • Hill v. Grazono McSo
    24 F3d 246
    MEMORANDUM Ike Hill, Jr. appeals the district court's dismissal of his 42 U.S.C. Sec. 1983 action under 28 U.S.C. Sec. 1915(d). We have jurisdiction under 28 U.S.C. Sec. 1291. We review for an abus...

  • Gonzales v. United States
    24 F3d 246
    MEMORANDUM Craig Daniel Gonzales, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 petition. On March 5, 1990, Gonzales pled guilty to bank robbery in violat...

  • Jirovec v. A Lake
    24 F3d 247
    MEMORANDUM David E. Jirovec, a Washington state prisoner, appeals pro se the district court's order granting the defendants' motions for summary judgment and denying Jirovec's motion for summary judg...

  • Locken v. E Robbins
    24 F3d 247
    MEMORANDUM Richard L. Locken, a federal prisoner, appeals pro se the district court's order granting the defendants' motion for summary judgment in his 42 U.S.C. Sec. 1983 action. We affirm. Prior...

  • Renteria v. United States
    24 F3d 248
    MEMORANDUM Joe R. Renteria appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate his conviction and sentence. Renteria contends that the government's decision to pro...

  • Toruno v. People Of State Of California
    24 F3d 249
    MEMORANDUM Gabriel R. Toruno appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. The district court found that Toruno had procedurally defaulted h...

  • Sylvester v. Secretary Of Health and Human Services
    24 F3d 249
    MEMORANDUM William Sylvester appeals pro se the district court's summary judgment in favor of the Secretary of Health and Human Services (Secretary), finding that substantial evidence supported the S...

  • Tischbierek v. E Shalala
    24 F3d 249
    MEMORANDUM Sherri Aikman, on behalf of Richard Tischbierek, appeals the district court's order granting summary judgment in favor of the Secretary of Health and Human Services (Secretary). The Secre...

  • Stephens v. G Borg
    24 F3d 249
    MEMORANDUM William L. Stephens, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for first degree murder. ...

  • United States v. Bautista Ramos
    24 F3d 250
    MEMORANDUM Ricardo Bautista-Ramos appeals his convictions imposed following entry of his unconditional guilty plea to being a felon in possession of a firearm and unlawful possession of a firearm by ...

  • United States v. Quiroz Mendez
    24 F3d 251
    MEMORANDUM Juan Carlos Quiroz-Mendez appeals his 46-month sentence imposed following a guilty plea to illegal reentry following deportation subsequent to a conviction for an aggravated felony, in vio...

  • United States v. Nolan
    24 F3d 251
    MEMORANDUM Terence Albert Nolan, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence. Nolan was convicted o...

  • United States v. Leahy
    24 F3d 251
    MEMORANDUM Austin Joseph Leahy, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. Leahy was sentenced to a one year period of incarceration for violat...

  • United States v. Rodriguez M
    24 F3d 251
    MEMORANDUM Defendant, Gerardo Rodriguez, appeals his jury conviction for conspiracy to possess and distribute a controlled substance, 21 U.S.C. Sec. 846, possession with the intent to distribute a co...

  • United States v. Real Property Located At Wendy Drive Newbury Park California
    24 F3d 251
    MEMORANDUM Claimant's Ray and Barbara Burnett appeal pro se the district court's grant of summary judgment ordering forfeiture of their home for its alleged use in a drug offense under 21 U.S.C. Sec....

  • United States v. Soliz
    24 F3d 252
    MEMORANDUM Gustavo Soliz appeals his conviction, following a jury trial, for carrying a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. Sec. 924(c)(1). He was also convicte...

  • Wassenaar v. Lewis
    24 F3d 252
    MEMORANDUM Ricky Kurt Wassenaar, an Arizona state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. The district court determin...

  • United States v. Torres
    24 F3d 252
    MEMORANDUM Ezequiel Torres appeals his conviction and 87-month sentence imposed following entry of a guilty plea to conspiracy to distribute and possess with intent to distribute cocaine base in viol...

  • Ronan Associates Inc v. International Union Of Operating Engineers
    24 F3d 447
    Petitioner Ronan Associates, Inc. ("Ronan"), appeals from a judgment of the United States District Court for the Southern District of New York, following a bench trial before Lawrence M. McKenna, Jud...

  • United States v. E Clyburn
    24 F3d 613
    This case presents the question of whether evidence seized under a state search warrant must be suppressed in a federal prosecution because the affidavit supporting the warrant was supplemented with s...

  • Gregory v. C Hunt
    24 F3d 781
    Plaintiff, Donald V. Gregory, appeals the district court's grant of summary judgment in favor of six individual defendants, sued individually and in their official capacities, and the University of Te...

  • Hawley
    24 F3d 814
    Pursuant to an ordinance passed by the Cleveland City Council, the Catholic Diocese of Cleveland operates a chapel, in a space the diocese leases from the City of Cleveland, in the terminal building o...

  • Ohara Iii v. T Wigginton
    24 F3d 823
    The petitioner, William J. O'Hara III, appeals two orders of the district court dismissing his civil rights complaint, pursuant to 42 U.S.C. Sec. 1983, and denying his petition for writ of habeas corp...

  • Atlantic Mutual Insurance Company v. Northwest Airlines Inc
    24 F3d 958
    Is Taiwan a province of the People's Republic of China? The district court answered "yes" in the course of deciding not to remand a case Northwest Airlines had removed to federal court. Cargo was d...

  • Village Of Oconomowoc Lake v. Dayton Hudson Corporation
    24 F3d 962
    Target Stores, a division of Dayton Hudson Corporation, is building a warehouse (which it calls a "distribution center") in the City of Oconomowoc, Wisconsin. It holds all necessary state and local p...

  • United States v. F Yellowe
    24 F3d 1110
    This appeal requires us to decide whether Application Note 4 to U.S.S.G. Sec. 2B1.1, providing that "loss [in cases of fraud] includes any unauthorized charges made with stolen credit cards, but in no...

  • Thomas Head Greisen Employees Trust v. Buster D
    24 F3d 1114
    This appeal concerns the investment by an ERISA-regulated Employee Trust Fund in deed of trust notes secured by real property. The Trust purchased various notes from Northern Financial, a general par...

  • United States v. Weekley
    24 F3d 1125
    A risk is a risk. But a risk of a risk is not enough of a risk. Every predicate attempted burglary conviction under the Armed Career Criminal Act must encompass conduct posing a risk of violent conf...

  • Jesinger v. Nevada Federal Credit Union W
    24 F3d 1127
    Appellants are former members of the Board of Directors (collectively, the "Board" or "Board members") of Nevada Federal Credit Union ("NFCU"). On February 13, 1990, the Supervisory Committee of NFCU...

  • Maui Trucking Inc v. Operating Engineers Local Union No International Union Of Operating Engineers
    24 F3d 1134
    This lawsuit arises from a collective bargaining agreement ("Master Agreement") entered into in Hawaii by the Operating Engineers Local Union No. 3 ("Local No. 3") on one hand, and the General Contrac...

  • McQueen v. United States
    25 F3d 1049
    Petitioner Elery McQueen appeals the district court judgment dismissing his motion to vacate, set aside or correct sentence filed under 28 U.S.C. Sec. 2255. He claims ineffective assistance of trial ...

  • Key v. McCaulley
    25 F3d 1039
    Appellant appeals from the district court's order denying his motions for leave to amend his complaint and for summary judgment. We dismiss the appeal for lack of jurisdiction because the order is no...

  • Tarver v. United States
    25 F3d 900
    Plaintiff Laverne Tarver appeals from an order of the district court dismissing her case pursuant to Fed.R.Civ.P. 12(b)(1) for lack of jurisdiction. We reverse. Plaintiff commenced this action purs...

  • Brown v. Friends
    25 F3d 1038
    Appellants appeal from the district court's order denying relief on their 42 U.S.C. Sec. 1983 (1988) complaints. Our review of the record and the district court's opinion discloses that this appeal i...

  • Beckette v. United States Postal Service
    25 F3d 1038
    Appellant appeals from the district court's order granting summary judgment on his claims filed pursuant to the Freedom of Information Act, 5 U.S.C.A. Sec. 552 (West 1977 & Supp.1994), and the Pri...

  • Theodore Kenneth Gale v. Carol
    25 F3d 1039
    Appellant appeals from the district court's order denying relief on his 28 U.S.C. Sec. 2241 (1988) petition. Our review of the record and the district court's opinion discloses that this appeal is wi...

  • Owens v. L Pearson A D E
    25 F3d 1040
    Appellant appeals the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint. The district court assessed a filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th Cir.19...

  • Oriakhi v. Warden Baltimore City Jail
    25 F3d 1040
    Appellant appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) action and denying his motion for reconsideration under Fed.R.Civ.P. 60(b). The notice of appeal was filed ...

  • United States v. Bailey
    25 F3d 1041
    Reginald Bailey, Michael Leo Johnson, Tonya Johnson (Johnson), Patricia Ann Thurmond, Valerie Denise Winston (Winston), Levi H. Winston, and Ronald Sheridan Kelley were convicted of conspiracy to poss...

  • Stewart v. Szaboara Correctional Services Co
    25 F3d 1041
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • United States v. Waynes
    25 F3d 1042
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • 4united States v. Hill
    25 F3d 1042
    Dale Andrew Hill appeals his conviction for conspiracy to possess with intent to distribute and distribution of cocaine in violation of 21 U.S.C. Sec. 841(a)(1) (1988), 21 U.S.C.A Sec. 846 (West 1981 ...

  • United States v. Greene
    25 F3d 1042
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • Cage v. Bradford
    25 F3d 1047
    Derrick Cage, a pro se Michigan prisoner, appeals a district court judgment dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. The case has been referred to a ...

  • Dede v. Baker
    25 F3d 1047
    Michael B. Dede, pro se, appeals a district court order granting the defendant's motion for summary judgment and denying the plaintiff's motion for summary judgment. Dede filed his complaint pursuant...

  • Kennedy v. City Of Detroit
    25 F3d 1048
    Jesse Kennedy, a pro se Michigan citizen, appeals district court orders and judgment dismissing his civil rights action filed pursuant to 42 U.S.C. Sec. 1983. Defendants Barbara Kennedy and Richard K...

  • Griffin v. Tate
    25 F3d 1048
    This is an appeal from an order denying a motion for post-judgment relief in an underlying habeas corpus action filed pursuant to 28 U.S.C. Sec. 2254. The case has been referred to a panel of the cou...

  • Lacy v. Department Of Treasury
    25 F3d 1049
    Mary L. Lacy, a pro se Michigan resident, appeals a district court judgment dismissing her civil rights complaint filed pursuant to 42 U.S.C. Sec. 2000e (Title VII). The case has been referred to a p...

  • Seals v. United States
    25 F3d 1050
    Irving Seals, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a panel of the co...

  • United States v. M Helm
    25 F3d 1051
    This is a direct appeal from a criminal conviction in which the parties have waived oral argument. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a...

  • United States v. Estrada
    25 F3d 1051
    Defendants Eugenio Estrada and Eusibio Toledo-Yin appeal from their convictions, under 21 U.S.C. Secs. 841 and 846, for possession with intent to distribute cocaine base ("crack cocaine"), distributio...

  • United States v. Estevez
    25 F3d 1051
    Jose Estevez was convicted of conspiracy to distribute in excess of five kilograms of cocaine, in violation of 21 U.S.C. Sec. 846. On appeal, he raises a significant question about a rebuttal witness...

  • United States v. D Zack
    25 F3d 1052
    William D. Zack, pro se, appeals a district court order denying his "Motion To Recuse Judge And Request For Assignment Of Another Judge." Zack filed his motion to recuse pursuant to 28 U.S.C. Secs. ...

  • United States v. Tillman
    25 F3d 1052
    This is an appeal from sentences imposed on conviction for possession of crack cocaine with intent to distribute it (a violation of 21 U.S.C. Sec. 841(a)) and for use of a firearm during and in relati...

  • United States v. Aguirre
    25 F3d 1053
    Baudelio Aguirre was charged with one count of conspiracy to distribute cocaine and heroin, nine counts of distribution of mixtures containing either cocaine or heroin, and one count of possession wit...

  • Fish v. Reliance Electric Co
    25 F3d 1053
    S.D.Ind. AFFIRMED. Ronald Fish, a former employee of the Reliance Electric Co. ("Reliance"), brought a motion in state court to vacate an arbitration award which was entered following an arbitrat...

  • Baltazar v. Immigration and Naturalization Service
    26 F3d 129
    MEMORANDUM Arnold Baltazar petitions for review of the Board of Immigration Appeals' dismissal of his appeal from an immigration judge's decision finding him deportable as charged and denying his app...

  • Miner v. B and C Equipment Inc
    26 F3d 131
    MEMORANDUM William Miner appeals the district court's grant of summary judgment to B & C Equipment, Inc. He claims that the district court erred in finding that the Fair Labor Standards Act did ...

  • United States v. Wustrack
    26 F3d 135
    * Wustrack argues that the district court erred in admitting evidence of coconspirator Wade Kitagawa's previous purchase of a large quantity of crystal methamphetamine for $55,000, to be paid to Wustr...

  • United States v. Weekley
    26 F3d 135
    MEMORANDUM Weekley appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. A. The ...

  • United States v. Scott
    26 F3d 135
    Before: POOLE and TROTT, Circuit Judges, and KING, District Judge. MEMORANDUM Rebecca Lynn Scott appeals from the district court's order revoking her term of supervised release and imposing a 24-m...

  • United States v. Thompson
    26 F3d 135
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM Lester Thompson appeals his convictions for mail and wire fraud in violation of 18 U.S.C. Sec. 1343, inter...

  • Harris v. Evans Ag
    20 F3d 1118
    In this appeal, we must decide whether an inmate has standing to assert the First Amendment rights of prison guards relative to a prison policy prohibiting its employees from communicating directly wi...

  • Feldman v. Commissioner Of Internal Revenue
    20 F3d 1128
    This appeal concerns a notice of deficiency disallowing deductions arising out of appellants' ("the Feldmans") investments in three tax shelter limited partnerships. The Feldmans, husband and wife, d...

  • United States v. Time
    21 F3d 635
    Robert Udashen, George R. Milner, Gary A. Udashen, Milner, Goranson, Sorrels, Udashen, Wells & Parker, Dallas, TX, for appellant in No. 92-1797. Christopher A. Curtis, Tom Melsherner, Delonia A....

  • Ward v. P Whitley
    21 F3d 1355
    Thomas Lee Ward, convicted of first degree murder and sentenced to death, appeals the denial of his petition for a writ of habeas corpus. We affirm. Upon his release from a California jail Ward boa...

  • National Classification Committee v. United States
    22 F3d 1174
    The National Classification Committee (NCC) seeks review of a decision by the Interstate Commerce Commission (ICC or Commission) ordering the NCC to cancel tariffs reclassifying certain acids that are...

  • Allen v. Csx Transportation Inc
    22 F3d 1180
    Appellees (Canadian Employees) are Canadian railway employees of CSX Transportation (CSX) who work exclusively in Canada. They petitioned the district court to set aside orders of the National Railwa...

  • Barnes v. State
    23 F3d 399
    Appellant seeks to appeal the district court's order denying relief on her 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion accepting the recommendation ...

  • Basham v. D Edwards S L
    23 F3d 399
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of...

  • Carter v. United States District Court District Of Maryland J M O O
    23 F3d 399
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Clayton v. The Marion County Humane Society
    23 F3d 400
    Appellant appeals from the district court's order denying relief on her 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Hogan v. Us Immigration and Naturalization Service
    23 F3d 401
    Povi Da Silveria Hogan petitioned this Court's review of an immigration judge's denial of Hogan's motion to reopen deportation proceedings. The Immigration and Naturalization Service (INS) has moved ...

  • Hartney v. Armed Forces Radio
    23 F3d 401
    Johnney Joseph Hartney appeals the district court's order dismissing his complaint as frivolous pursuant to 28 U.S.C. Sec. 1915(d) (1988). Our review of the record and the district court's opinion di...

  • Levy v. George Mason University C J
    23 F3d 401
    Appellant appeals the district court's order denying his request for the issuance of a subpoena duces tecum. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This ...

  • Journell v. Southern Appalachian Coal Company
    23 F3d 401
    Drexell Journell appeals from a Benefits Review Board ("Board") decision affirming the administrative law judge's ("ALJ") decision to deny his application for benefits under the Black Lung Benefits Ac...

  • Lindsey v. Evatt T
    23 F3d 401
    Appellant 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 accepting the recommendation ...

  • Sand v. W Murray
    23 F3d 402
    Earl Sand appeals from a district court's order denying his 28 U.S.C. Sec. 2254 (1988) petition. We find that the district court properly denied Sand's claims. Consequently, we deny a certificate of...

  • Macguire v. E Glenn
    23 F3d 402
    William A. MacGuire appeals the district court's orders dismissing his complaint as frivolous pursuant to 28 U.S.C. Sec. 1915(d) (1988), and denying his Fed.R.Civ.P. 59 motion. Our review of the reco...

  • United States America v. J Hatchett
    23 F3d 403
    Ronald J. Hatchett, Jr., entered a guilty plea to conspiracy to distribute more than 100 kilograms of marijuana, 21 U.S.C. Sec. 846 (West Supp.1992), and was sentenced as a career offender to a term o...

  • Tucker v. Samuel T
    23 F3d 403
    Cornelius Tucker appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint for failure to comply with a pre-filing injunction. Recently, the pre-filing injunction at...

  • United States America v. Gibson
    23 F3d 403
    The Government appeals the sentence imposed on Paul Gibson for his convictions on a single conspiracy count, two robbery counts, and two counts of use of a firearm in the commission of a crime of viol...

  • Sturgis v. Seafarers International Union
    23 F3d 403
    Plaintiff is a member of Seafarers International Union and has received disability benefits from its Seafarers Pension Plan since around 1979. Since 1981 he has received a monthly benefit of $300 plu...

  • Hilbert v. District Of Columbia A Municipal Corporation
    23 F3d 429
    The Fair Labor Standards Act ("FLSA") requires employers to pay their employees time-and-a-half for overtime. 29 U.S.C. Sec. 207(a). When this statute was originally enacted in 1938, it applied only...

  • United States v. Budd
    23 F3d 442
    Appellee and cross-appellant Earl Budd was convicted after a jury trial of one count of distributing cocaine, in violation of 21 U.S.C. Sec. 841(a)(1) (1988), and two counts of using a communication f...

  • Fj Vollmer Company Inc v. E Higgins
    23 F3d 448
    It is a federal criminal offense "to transfer or possess a machinegun," unless the person lawfully possessed the machinegun before May 19, 1986, or the weapon is transferred "to or by, or possess[ed] ...

  • Henry Bierce Company v. National Labor Relations Board
    23 F3d 1101
    The Henry Bierce Company requests review of a National Labor Relations Board decision finding that the company violated Sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. Secs. 15...

  • Rahim v. McNary
    24 F3d 440
    Appellants, twenty-seven undocumented aliens denied temporary resident status under the Special Agricultural Worker ("SAW") provisions of the Immigration Reform and Control Act of 1986 ("IRCA"), chall...

  • McKeesport Hospital v. Accreditation Council For Graduate Medical Education T T
    24 F3d 519
    McKeesport Hospital brought this 42 U.S.C. Sec. 1983 action against the Accreditation Council for Graduate Medical Education (the "ACGME") and the Executive Secretary of its residency review committee...

  • Bennett v. Clark County School District
    24 F3d 244
    MEMORANDUM Gary Bennett, a Nevada state prisoner, appeals pro se the district court's dismissal of his complaint with prejudice as frivolous under 28 U.S.C. 1915(d). Bennett claims in his complaint ...

  • Dennis v. Gotcher
    24 F3d 245
    MEMORANDUM Frankie L. Dennis, an Arizona state prisoner, appeals pro se the district court's dismissal of his second 28 U.S.C. Sec. 2254 petition. Dennis was sentenced to 14 years imprisonment after...

  • Butte Mining Plc v. J Smith
    24 F3d 245
    MEMORANDUM The underlying action was brought in United States District Court in Montana by plaintiff-appellee Butte Mining Corporation, a United Kingdom corporation, against numerous defendants inclu...

  • Hill v. S Koon
    24 F3d 246
    MEMORANDUM Thomas A. Hill, a Nevada state prisoner, appeals pro se the district court's denial of his motion to lift the stay of his 42 U.S.C. Sec. 1983 action, which was administratively closed with...

  • Kaygee Inc Charter Pacific Bank v. Tuli
    24 F3d 247
    MEMORANDUM Balbir Singh Tuli appeals pro se the district court order imposing sanctions for filing a frivolous appeal from the bankruptcy court. This court has jurisdiction under 28 U.S.C. Sec. 158(...

  • Moreno v. United States
    24 F3d 247
    MEMORANDUM Joel Soza Moreno, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. Moreno pled guilty to possession of cocaine with intent to distribute a...

  • Roll v. State Of Idaho
    24 F3d 248
    MEMORANDUM The district court entered summary judgment and dismissed the claims of appellants Elizabeth Roll and Lola Roll against various defendants. The plaintiffs' claims arose out of a series of...

  • Razmjouy v. Immigration and Naturalization Service
    24 F3d 248
    MEMORANDUM Behzad Razmjouy is a native and citizen of Iran who has filed an application for political asylum in this country pursuant to 8 U.S.C. Sec. 1158(a). He contends that he holds political an...

  • Pumphrey v. Potts
    24 F3d 248
    MEMORANDUM William Clyde Pumphrey, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of the defendant prison officials in his 42 U.S.C. Sec. 1983 civil rights a...

  • Rodgers v. United States
    24 F3d 248
    MEMORANDUM Jimmy Dean Rodgers, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion. In 1991, Rodgers pled guilty to possession with intent to distribute ...

  • Scalice v. Davies
    24 F3d 249
    MEMORANDUM Washington state prisoner Philip Rogers Scalice appeals pro se the district court's summary judgment for defendant prison officials in Scalice's 42 U.S.C. Sec. 1983 action, in which he see...

  • Shaw v. F Hames
    24 F3d 249
    MEMORANDUM Norman Shaw, Jr., an Alaska state prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Shaw contends that his equal protection...

  • United States v. Fleming
    24 F3d 250
    Before: KOZINSKI and TROTT, Circuit Judges, and WILLIAMS, District Judge. MEMORANDUM A grand jury indicted Houston and Fleming for: 1) conspiracy to distribute 2 pounds of methamphetamine, 21 U.S...

  • United States v. Hale
    24 F3d 250
    MEMORANDUM Ronald Lee Hale, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 petition. Hale pled guilty to five counts of bank robbery and was sentenced on J...

  • United States v. Mealey
    24 F3d 251
    Before: WALLACE, Chief Judge, and WIGGINS, Circuit Judges, TURRENTINE, District Judge MEMORANDUM Joseph Timothy Mealey appeals his conviction of bank robbery, in violation of 18 U.S.C. Sec. 2113(a)...

  • United States v. Rowland V
    24 F3d 251
    MEMORANDUM William Rowland (aka John V. Rettie), a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence. Rowla...

  • Williams v. Commissioner Internal Revenue Service
    24 F3d 252
    MEMORANDUM Robert E. Williams (Williams) timely petitions for review of the Tax Court's decision entered on July 7, 1992 as to Williams's 1987 federal tax returns. We have jurisdiction under 26 U.S....

  • Wilson v. F Hames
    24 F3d 252
    MEMORANDUM Jerry M. Wilson, an Alaska state prisoner, appeals the dismissal of his 28 U.S.C. Sec. 2254 petition. Wilson was convicted in Fairbanks of a felony assault committed in Delta Junction. H...

  • Zichko v. Idaho Department Of Health Education and Welfare
    24 F3d 252
    MEMORANDUM John J. Zichko, an Idaho state prisoner, appeals pro se the district court's order granting defendants' motion for summary judgment in his 42 U.S.C. Sec. 1983 action. Zichko alleged viola...

  • Jackson Son Incorporated v. Coffee Sugar and Cocoa Exchange Inc
    24 F3d 427
    Plaintiff-appellant S. Jackson & Son, Incorporated appeals from a judgment entered on August 23, 1993 in the United States District Court for the Southern District of New York (Keenan, J.) dismiss...

  • United States v. Amor
    24 F3d 432
    Defendant Salomon Amor appeals from a judgment entered in the United States District Court for the Northern District of New York after a jury trial before Neal P. McCurn, Judge, convicting him on one ...

  • Toure v. United States
    24 F3d 444
    Plaintiff-appellant Salissou Toure appeals from a judgment entered July 16, 1993 in the United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, that dismissed To...

  • United States v. Copple R R
    24 F3d 535
    John Copple, former President of Mechem Financial, Inc., ("Mechem"), an investment firm specializing in the management of "pre-need" funeral funds, was convicted by a jury of mail fraud, 18 U.S.C. Sec...

  • United States v. Ramey
    24 F3d 602
    James "Bo" Payne and Ralph Ramey appeal their convictions and sentences for various offenses arising from the arson of the residence of an interracial couple. We affirm. On June 3, 1990, at 10:30 p...

  • Construction Co v. National Labor Relations Board
    24 F3d 949
    Gerard C. Smetana (argued), Robert J. Wittebort, Jr., Smetana & Avakian, Chicago, IL, for DiMucci Const. Co. James V. Daffada, David E. Goodrich, Goodrich & Daffada, Chicago, IL, for Wheelin...

  • United States v. Valencia
    24 F3d 1106
    Leon Angel Valencia was convicted of conspiracy to possess cocaine with the intent to distribute and possession of cocaine with the intent to distribute in violation of 21 U.S.C. Secs. 841 and 846. V...

  • Unicover World Trade Corporation v. Tri State Mint Inc
    24 F3d 1219
    * This appeal and cross-appeal follow entry of judgment in a contract dispute tried to the court. The judgment substantially favored Unicover World Trade Corporation (Unicover). On appeal Tri-State ...

  • United States v. Brown
    24 F3d 1223
    In a one-count indictment, Donald Ray Brown was charged with knowingly and intentionally possessing cocaine, a Schedule II Controlled Substance, with an intent to distribute it, in violation of 21 U.S...

  • Beren v. M Ropfogel A
    24 F3d 1226
    Plaintiffs Janis Beren, Gercene Pollock and Ilene Taubman appeal a district court order dismissing--for lack of subject matter jurisdiction and for failure to state a claim--their suit for damages. T...

  • United States v. Smith
    24 F3d 1230
    Mr. Anthony Walker Smith appeals his convictions on twenty-eight counts arising from crack cocaine trafficking, including charges of engaging in a continuing criminal enterprise, conspiracy, crack coc...

  • United States v. J Hanks
    24 F3d 1235
    The United States appeals from the suppression of certain statements by the Defendant-Appellee, Roderick Hanks, that the district court found to be obtained in violation of Miranda v. Arizona, 384 U.S...

  • United States v. J Dimeck
    24 F3d 1239
    This case is before us on appeal from a jury verdict convicting Appellant, Kevin Dimeck ("Dimeck"), of conspiracy under 18 U.S.C. Sec. 371 to violate 18 U.S.C.1956(a)(1)(B)(i). Dimeck appeals the dis...

  • Martineau v. Angelone
    25 F3d 734
    Paula Martineau and Georganna Lagen, Nevada state prisoners, appeal the denial of their petitions for writs of habeas corpus. A Nevada state jury convicted them of involuntary manslaughter and child ...

  • Minetree v. Harper
    25 F3d 1040
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Evans v. Saab Cars Usa Inc
    25 F3d 1048
    Before: RYAN and NORRIS, Circuit Judges; and BERTELSMAN, Chief District Judge. PER CURIAM. Plaintiffs originally filed this action in state court seeking damages and injunctive relief for violati...

  • Kirk v. Griner
    25 F3d 1048
    Before: JONES, Circuit Judge; WELLFORD, Senior Circuit Judge, and ENSLEN, District Judge. John D. Kirk, a pro se Tennessee prisoner, appeals a district court judgment dismissing his civil rights a...

  • Johnson v. C Parke
    25 F3d 1048
    Ronald G. Johnson appeals a district court order denying his motion filed under Fed.R.Civ.P. 60(b) for relief from judgment in this habeas corpus action filed under 28 U.S.C. Sec. 2254. The case has ...

  • Dusenbery v. United States
    25 F3d 1048
    BEFORE: JONES, Circuit Judge; WELLFORD, Senior Circuit Judge, and ENSLEN, District Judge. Larry Dean Dusenbery appeals a district court judgment denying his motion to vacate sentence filed under 2...

  • Palushaj v. Immigration and Naturalization Service
    25 F3d 1049
    Lon and Rusha Palushaj, ethnic Albanian citizens of Yugoslavia, contest the denial of their applications for asylum in the United States. We find that the Board of Immigration Appeals (the "Board") d...

  • Neisler v. United States
    25 F3d 1049
    Carl Edward Neisler, Jr., a pro se Tennessee prisoner, appeals a district court judgment partially denying his motion to modify, vacate, or set aside his sentence filed pursuant to 28 U.S.C. Sec. 2255...

  • Provost v. Dillard
    25 F3d 1049
    Sudan Provost, a pro se California resident, appeals a district court order dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of the c...

  • Russell v. Range
    25 F3d 1050
    Victor J. Russell, a pro se Ohio prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of the ...

  • United States v. Cestnik
    25 F3d 1058
    Before TACHA and EBEL, Circuit Judges, and SAM, District Judge. ORDER AND JUDGMENT SAM, District Judge. Defendant and Appellant Chadwick Cestnik (Chadwick) appeals his conviction of conspiracy to...

  • United States v. Green
    25 F3d 1058
    The Aurora, Colorado Police Department received complaints that a crack house was operating at 1757 Alton Street. On September 9, 1992, a confidential informant was wired with a concealed transmittin...

  • United States v. H Gallaher
    29 F3d 635
    MEMORANDUM James H. Gallaher appeals his sentence for convictions of two counts of abusive sexual contact in violation of 18 U.S.C. Sec. 2244(a)(1). Gallaher challenges the district court's 13 month...

  • United States v. D Wilkes
    20 F3d 651
    The district court rejected Julius Wilkes's motion to vacate, correct, or set aside his sentence pursuant to 28 U.S.C. Sec. 2255. Finding no error, we affirm. In September 1991, with Wilkes's writt...

  • United States v. D Morris W
    20 F3d 1111
    The appellants, Jimmy D. Morris and Franklin W. Briggs, present three challenges to their conviction for criminal filing and subscribing of false income tax returns. The appellants assert that the ev...

  • Carter v. University Of West Virginia System
    23 F3d 400
    In October 1991, Phillip W. Carter filed this lawsuit alleging that from 1986 to 1991, the Board of Trustees of the University of West Virginia (the Board) discriminated against him on the basis of hi...

  • United States v. Austin
    23 F3d 403
    Anthony Steven Austin pled guilty to possession of 382 grams of crack cocaine with intent to distribute in violation of 21 U.S.C.A. Sec. 841 (West 1981 & Supp.1993). Austin appeals his conviction...

  • Leopold v. Szego
    23 F3d 410
    Before COFFEY and EASTERBROOK, Circuit Judges, and CURTIN, District Judge. This case is before us on appeal from that portion of a district court contempt order which requires the appellant to turn ...

  • United States v. Ortiz Lopez
    24 F3d 53
    Omero Ortiz-Lopez appeals his conviction for reentering the United States illegally after having been previously deported, in violation of 8 U.S.C. Sec. 1326(b)(1) and (2). We find that his indictmen...

  • Oklahoma Federated Gold and Numismatics Inc v. W Blodgett
    24 F3d 136
    Defendant-appellant Michael W. Blodgett appeals from an order of the district court imposing sanctions against him for his failure to comply with the Federal Rules of Civil Procedure during discovery....

  • Reese v. United States
    24 F3d 228
    Elizabeth A. Reese appeals from a decision of the United States Court of Federal Claims denying her motion for summary judgment and granting the United States' cross-motion for summary judgment. Rees...

  • Anderson v. M Montague
    24 F3d 244
    MEMORANDUM Melvin Anderson appeals pro se the district court's denial of his motion to proceed in forma pauperis ("IFP") in his action against clerks of the United States Court of Appeals, Fourth Cir...

  • Chaudry v. Resolution Trust Corporation
    24 F3d 245
    MEMORANDUM M. Shafi Chaudry and Abdul Waheed Chaudry appeal pro se the district court's dismissal without prejudice of their action for lack of prosecution. The Chaudrys sued the Resolution Trust Co...

  • Cooper v. F Maass C
    24 F3d 245
    MEMORANDUM Plaintiff Michael Cooper, a prisoner of the state of Oregon, appeals pro se the dismissal of his 42 U.S.C. Sec. 1983 action against various prison officials. We reverse and remand. On M...

  • Flores De Diaz v. Immigration and Naturalization Service
    24 F3d 245
    MEMORANDUM Elva Eusevia Flores de Diaz requests review of the decision of the Board of Immigration Appeals denying suspension of deportation under 8 U.S.C. Sec. 1254(a)(1). We affirm. * The BIA ma...

  • Bullen v. United States
    24 F3d 245
    MEMORANDUM Thomas Bullen appeals the district court's dismissal for lack of subject matter jurisdiction of his admiralty action against the United States and others for recovery of maintenance, cure,...

  • Chow Md
    24 F3d 245
    Memorandum Plaintiffs John and Esther Chow appeal pro se (1) the district court's dismissal for lack of subject matter jurisdiction of their suit against the Internal Revenue Service (IRS) and variou...

  • Fore v. Blackmer and C A G L L
    24 F3d 246
    MEMORANDUM Dan C. Fore appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action alleging constitutional violations and state tort claims against the judges, attorneys, defendan...

  • Mohring Mohring v. Avco Financial Services
    24 F3d 247
    MEMORANDUM Chapter 7 debtor Jeannie M. Mohring appeals the Bankruptcy Appellate Panel's ("BAP") decision affirming the bankruptcy court's order denying without prejudice Mohring's motion to avoid the...

  • Resolution Trust Corporation v. Flanagan Flanagan
    24 F3d 248
    MEMORANDUM The Flanagans appeal a district court order granting the Resolution Trust Corporation's ("RTC") motions for partial summary judgment and summary judgment. The district court concluded tha...

  • Robles v. State Of Nevada
    24 F3d 248
    MEMORANDUM Timothy Robles appeals from the denial of his petition for habeas corpus, pursuant to 28 U.S.C. Sec. 2253. Robles contends that the search warrant issued by the state court was invalid be...

  • Thomas v. Garrett Fluid Systems Inc
    24 F3d 249
    MEMORANDUM Lyla L. Thomas appeals pro se the district court's orders denying her requests for appointment of counsel in her action alleging employment discrimination in violation of Title VII of the ...

  • Satoot v. United States Immigration and Naturalization Service
    24 F3d 249
    MEMORANDUM Bashar Satoot, a native and citizen of Syria, petitions pro se for review of the Board of Immigration Appeals' ("BIA") dismissal of his appeal from an immigration judge's ("IJ") decision f...

  • United States v. Flores Martinez
    24 F3d 250
    MEMORANDUM Jose de Jesus Flores-Martinez appeals his conviction following entry of a conditional guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g). Martin...

  • United States v. Oseguera Cervantes
    24 F3d 251
    MEMORANDUM Abraham Oseguera-Cervantes appeals his conviction following a guilty plea to conspiracy to possess with intent to distribute more than 100 grams of heroin in violation of 21 U.S.C. Sec. 84...

  • United States v. Thomas
    24 F3d 252
    MEMORANDUM Patrick Thomas appeals his 63-month sentence, imposed following a guilty plea, for conspiracy to possess with intent to distribute and distribution of lysergic acid diethylamide (LSD) in v...

  • United States v. Mafanya
    24 F3d 412
    Abel Mafanya, whose true name is Tosin Fred Adegbuji, appeals from a judgment of conviction entered in November 1993 in the United States District Court for the Southern District of New York, Pierre N...

  • Pastore v. Bell Telephone Company Of Pennsylvania S J
    24 F3d 508
    Gary Pastore and National Security Systems Corporation (NASSCO), plaintiffs-appellants, appeal from the entry of summary judgment in favor of defendants-appellees Bell Atlantic Corporation, its subsid...

  • United States v. W Denard
    24 F3d 599
    This appeal involves 18 U.S.C.A. Sec. 3565(a) (West 1985 & Supp.1994), which provides that when a probationer is found in possession of a controlled substance, "the court shall revoke the sentence...

  • United States v. Gomez
    24 F3d 924
    Pedro Gomez, Fernando Magana, and Rigoberto Vela were convicted of distributing cocaine. The only issues on appeal concern their sentences. 1. Vela pleaded not guilty and went to trial. The jury ...

  • Calusinski v. Kruger
    24 F3d 931
    On February 23, 1988, Cheryl Calusinski, the wife of Plaintiff Paul Calusinski, called her brother-in-law who in turn called the Carpentersville police department to report a domestic dispute in progr...

  • Brotherhood Of Maintenance Of Way Employees v. Burlington Northern Railroad Company
    24 F3d 937
    Steep curves must be lubricated for trains to run properly. Members of the Brotherhood of Maintenance of Way Employees (BMWE) performed this work for the St. Louis-San Francisco Railway, now part of ...

  • Shaw v. United States
    24 F3d 1040
    James F. Shaw, Sr., appeals the judgment of the District Court denying his petition for relief under 28 U.S.C. Sec. 2255. We vacate the judgment and remand the case for further proceedings. In 1986...

  • Continental Airlines Inc v. Intra Brokers Inc
    24 F3d 1099
    The issue in this case was whether Continental Airlines, which had not previously enforced an anti-assignment provision on discount coupons, could begin enforcing it and obtain an injunction. We hold...

  • Diaz v. Dr McBride
    25 F3d 1053
    Fabio Diaz, an inmate at the Westville Correction Center in Indiana, was making his usual trip into the segregation unit as required by his job assignment as a lay advocate. During the standard entry...

  • McRae Ii v. United States Department Of Veterans Affairs and Court Of Veterans Appeals
    25 F3d 1049
    David William McRae, II, an Ohio resident, appeals pro se a district court judgment for the defendant in this civil action filed under 28 U.S.C. Sec. 1331. The case has been referred to a panel of th...

  • United States v. Hebeka
    25 F3d 287
    This direct criminal appeal raises a significant double jeopardy question under the Food Stamp Act as well as three other trial issues. Hebeka, a grocer, appeals his two convictions for violating the...

  • United States v. S Martin
    25 F3d 293
    Defendant Erina Martin appeals her conviction for possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). On appeal, Martin contends that the district court erred in fa...

  • Byrd v. Stewart
    25 F3d 1047
    Joe Willie Byrd, a pro se Kentucky prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of th...

  • Bronston v. C Brown
    25 F3d 1047
    James L. Bronston appeals a judgment of the district court dismissing his civil rights complaint filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pursuant to Rule 9...

  • Butler v. Tennessee Bureau Of Investigation
    25 F3d 1047
    Wallace Butler, a pro se Tennessee prisoner, appeals a district court judgment dismissing his civil complaint filed pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. Secs. 551-52. The case ...

  • Gniadek v. Ge Hurst
    25 F3d 1048
    This pro se federal prisoner appeals a district court order denying his petition for a writ of habeas corpus filed under 28 U.S.C. Sec. 2241. He moves for leave to proceed in forma pauperis on the ap...

  • Grubbs v. Western Baptist
    25 F3d 1048
    This pro se plaintiff appeals a district court judgment granting summary judgment for the defendant in her employment discrimination suit filed under Title VII of the Civil Rights Act of 1964, 42 U.S....

  • Hill v. United States
    25 F3d 1048
    Curtis A. Hill, through counsel, appeals a district court order denying his motion to vacate his sentence filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pursuant ...

  • Pope v. United States
    25 F3d 1049
    Before NORRIS and DAUGHTREY, Circuit Judges, and GILMORE, Senior District Judge. John Pope appeals a district court order denying his motion to vacate sentence filed pursuant to 28 U.S.C. Sec. 2255....

  • Richardson v. United States
    25 F3d 1050
    Jessie Richardson, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate his sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a panel ...

  • Savoca v. United States
    25 F3d 1050
    This pro se federal prisoner appeals a district court judgment denying his motion to vacate, set aside or correct sentence filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of th...

  • Stump v. Secretary Of Health and Human Services
    25 F3d 1050
    This appeal arises out of the denial by the Secretary of Health and Human Services of a claim for social security disability benefits. The district court granted summary judgment to the Secretary, re...

  • Taylor v. N Bruner
    25 F3d 1050
    This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs of the parties, this panel unanimously agrees that oral argument ...

  • United States v. A Macdonald
    25 F3d 1051
    Defendant Raymond A. MacDonald appeals the district court's summary judgment against him. MacDonald argues that the district court erred in rejecting his statute of limitations defense and in resolvi...

  • 2
    25 F3d 1051
    Defendant, Rafael Estrada, entered a conditional guilty plea to a one-count indictment charging him with possession of cocaine with intent to distribute. 21 U.S.C. Sec. 841. The conditional plea pre...

  • United States v. Clark
    25 F3d 1051
    Defendant Eddie Lashawn Clark appeals his sentence based upon the district court's application of a two-level enhancement for possessing a firearm during the commission of a drug offense and the court...

  • United States v. T Hollie
    25 F3d 1051
    Defendant Titus T. Hollie appeals his conviction for knowingly making a false statement when acquiring a firearm in violation of 18 U.S.C. Sec. 922(a)(6) and for receipt of a firearm while under felon...

  • Wallace v. Hayse
    25 F3d 1052
    George M. Wallace, a pro se Kentucky prisoner, appeals a district court judgment dismissing his civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court...

  • Lawler v. Jacobs Engineering Group Of Ohio Inc
    25 F3d 1053
    Scott Lawler filed suit in Marion County, Indiana Superior Court, against his former employer Jacobs Engineering Group of Ohio, Inc. ("Jacobs") for discharging him from employment. Jacobs removed th...

  • National Organization For Women Incorporated v. M Scheidler P A D
    25 F3d 1053
    We remand this case to the district court for further proceedings. ...

  • Wade v. Calderon
    29 F3d 1312
    Melvin Meffery Wade, a California state prisoner sentenced to death, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. Wade was convicted in the San Bernardino County Su...

  • Moneymaker v. Chapleau
    42 F3d 1389
    This pro se Kentucky state prisoner appeals a district court order dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. The case has been referred to a panel of ...

  • United States v. McKnight
    17 F3d 1139
    Charles McKnight (McKnight), Theresa Barner (Barner) and Anthony Singleton Hall (Hall) appeal from a judgment entered by the district court on a jury verdict finding them guilty of one count of conspi...

  • Welch v. Thompson
    20 F3d 636
    Today we decide whether the Louisiana statute establishing the state's prison work release program creates a protected liberty interest for eligible prisoners, the deprivation of which cannot be susta...

  • Andrews v. A Collins
    21 F3d 612
    Maurice Andrews was convicted by a jury of capital murder and sentenced to death. His conviction and sentence were affirmed on direct appeal. After his petition for habeas corpus relief in the Texas...

  • United States v. K Smaw
    22 F3d 330
    In United States v. Smaw, 993 F.2d 902 (D.C.Cir.1993), we vacated the original sentence of Sheila K. Smaw for violation of 18 U.S.C. Secs. 1029 & 1341, and remanded for determination of whether he...

  • Petroleum Communications Inc v. Federal Communications Commission
    22 F3d 1164
    Petroleum Communications, Inc. and RVC Services, Inc. d/b/a Coastel Communications Co. (collectively, "petitioners" or "Petrocom and Coastel"), two cellular licensees in the Gulf of Mexico area, peti...

  • Swedbank v. Federal Deposit Insurance Corp As Receiver Of Bank Of New England Na
    23 F3d 395
    Appeal from the United States District Court for the District of Massachusetts [Hon. A. David Mazzone, U.S. District Judge ] Sven A. Johanson with whom Schneider, Johanson & Silin was on brief ...

  • Harford v. United States
    23 F3d 401
    Appellants appeal from the district court's order dismissing their Complaint without prejudice for lack of subject matter jurisdiction under 28 U.S.C. Sec. 2675 (1988). See Plyler v. United States, ...

  • Harvey v. Virginia Department Of Agriculture and Consumer Services
    23 F3d 401
    Appellant appeals from the district court's order that granted summary judgment to the Defendant in her action brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. Sec. 200...

  • Mackay v. O Dodson Us Department Of Health and Human Services
    23 F3d 402
    Appellant appeals the district court's dismissal of his complaint as to only one of two named Defendants in his action seeking Social Security benefits. We dismiss the appeal for lack of jurisdiction...

  • Price v. Carr Price
    23 F3d 402
    James E. Price appeals the district court's order dismissing his tort and civil rights action against his wife as frivolous pursuant to 28 U.S.C. Sec. 1915(d) (1988). Our review of the record and the...

  • United States Of America v. Hoover
    23 F3d 403
    Bruce Hoover and Michael Tete Simmons pleaded guilty to one count of conspiring to possess with intent to distribute cocaine base, in violation of 21 U.S.C. Secs. 841 and 846 (1988), after they engage...

  • Averhart v. Farley
    23 F3d 410
    Rufus Averhart, convicted of murdering a Gary, Indiana police officer and sentenced to death, Averhart v. State, 470 N.E.2d 666 (Ind.1984), cert. denied, 471 U.S. 1030 (1985), brought a petition for ...

  • Health Insurance Association Of America Inc v. E Shalala Blue Cross and Blue Shield Association
    23 F3d 412
    The appellants in these two consolidated cases raise facial challenges to five Medicare regulations promulgated by the Health Care Financing Administration ("HCFA") on behalf of the Secretary of Healt...

  • United States v. Hallman
    23 F3d 821
    Reginald Hallman ("Appellant") appeals a sentence imposed on him by the district court. The district court had subject matter jurisdiction pursuant to 18 U.S.C. Sec. 3231. This court has jurisdictio...

  • Malia
    23 F3d 828
    Appellants challenge the results of the merger of two large pension plans. The central issue of this case is whether pension plan participants whose plan is merged with another pension plan are entit...

  • English v. Dyke
    23 F3d 1086
    Defendants, prison officials at the Michigan Reformatory, appeal the District Court's order denying their post-answer motion to dismiss or for summary judgment based on qualified immunity. The Distri...

  • United States v. C Porter
    23 F3d 1274
    A jury convicted Andric Porter of three counts of possessing cocaine in violation of 21 U.S.C. Sec. 841(a)(1) and acquitted him on one count of the same crime. For these crimes, the district court se...

  • Castaneda v. Immigration and Naturalization Service
    23 F3d 1576
    Before BALDOCK and McKAY, Circuit Judges, and BROWN, District Judge. WESLEY E. BROWN, District Judge. Petitioner seeks review of an adverse order issued by the Board of Immigration Appeals, which ...

  • Johns v. McFadden
    24 F3d 247
    MEMORANDUM Jay D. Johns appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition, alleging that his Arizona state conviction for receiving a child pornography videotape w...

  • United States v. Whitmore
    24 F3d 32
    Thomas Clifford Whitmore appeals his convictions for a variety of narcotics-related offenses. Whitmore and 15 co-defendants were charged in a 44-count indictment with numerous drug-related offenses. ...

  • United States v. L Coleman
    24 F3d 37
    Oscar Lidell Coleman appeals his sentence on one count of possession of cocaine base with intent to distribute, to which he entered a conditional plea of guilty. He contends that the difference betwe...

  • No 92 16663
    24 F3d 39
    We are called upon to determine whether United Airlines took adequate measures to deal with that elementary notion of physics--what goes up, must come down. For, while the skies are friendly enough, ...

  • Telink Inc v. United States
    24 F3d 42
    Two corporate defendants petitioned the district court for a writ of error coram nobis, alleging that the indictment to which they pled nolo contendere failed to state a criminal offense. The corpora...

  • Engle v. Mecke
    24 F3d 133
    Ray Twohig, Albuquerque, NM, for plaintiff-appellant. Frank W. Hunger, Asst. Atty. Gen., Barbara L. Herwig and Jeffrey Clair, Attys., Appellate Staff, Civil Div., Dept. of Justice, Washington, DC, a...

  • Beck v. Wheeler S S
    24 F3d 244
    MEMORANDUM Lawrence T. Beck appeals pro se the district court's grant of summary judgment on his 42 U.S.C. Sec. 1983 claims of arrest without probable cause, malicious prosecution, and excessive dete...

  • Allum v. Bankamerica Corporation
    24 F3d 244
    MEMORANDUM Robert Allum appeals pro se the district court's dismissal of his action against Bankamerica Corporation and others on res judicata grounds. The district court found that Allum failed to ...

  • Bloodgood v. County
    24 F3d 244
    MEMORANDUM James R. Bloodgood appeals the district court's summary judgment for Thurston County, the Thurston County District Court, and the Thurston County Prosecutor's Office ("defendants") in Bloo...

  • Branson v. Haber
    24 F3d 244
    MEMORANDUM Ronald Branson appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action alleging that Allan Haber, a California Superior Court judge, violated his constitutional rig...

  • Collado Colomer v. Immigration and Naturalization Service
    24 F3d 245
    Before: NOONAN and T.G. NELSON, Circuit Judges; EZRA, District Judge** MEMORANDUM*** Victor Hugo Collado-Colomer (Collado-Colomer), a native and citizen of Nicaragua, entered the United States wi...

  • Cruz Burgos v. Immigration and Naturalization Service
    24 F3d 245
    Before: NOONAN, T.G. NELSON, Circuit Judges; EZRA, District Judge MEMORANDUM Ligia de Carmen Cruz-Burgos (Cruz-Burgos) is a native and citizen of Nicaragua who entered this country without inspec...

  • Hall v. F Hall
    24 F3d 246
    MEMORANDUM Mary Miller Hall appeals pro se the district court's dismissal for lack of personal jurisdiction of her action arising out of her marital relationship with defendant Charlie Hall. In her ...

  • Henthorn v. United States Internal Revenue Service
    24 F3d 246
    MEMORANDUM Donald Gene Henthorn, a federal prisoner, appeals pro se the district court's sua sponte dismissal of his petition for a writ of mandamus for lack of jurisdiction. We have jurisdiction pu...

  • Kazan v. Gam Enterprises Inc A Maalouf
    24 F3d 247
    MEMORANDUM Gabriel A. Maalouf appeals pro se the district court's order closing the case and directing the Clerk to return Maalouf's third motion for clarification. Construing the order as a denial ...

  • Peterson v. State Of Washington
    24 F3d 248
    MEMORANDUM Kenneth Peterson appeals from the denial of his motion to enjoin the winter 1994 fishing season authorized by Washington and Oregon on the lower Columbia River. Because the appeal is moot...

  • Ortiz v. Department Of Veterans Affairs
    24 F3d 248
    MEMORANDUM Paul Ortiz appeals pro se the district court's dismissal for lack of jurisdiction of his action alleging that the U.S. Department of Veterans Affairs' ("VA") decision to reduce his disabil...

  • Ramel v. United States Immigration and Naturalization Service
    24 F3d 248
    MEMORANDUM Asuncion B. Ramel, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' ("BIA") dismissal of her appeal as untimely. Ramel had sought to appe...

  • Taylor v. United States Immigration and Naturalization Service
    24 F3d 249
    MEMORANDUM Robert Taylor, a native and citizen of Canada, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order affirming the Immigration Judge's ("IJ") denial of Taylor's re...

  • Smith v. A Phillip D
    24 F3d 249
    MEMORANDUM Russell Smith appeals pro se the district court's summary judgment in favor of Las Vegas police officers A. Phillip and D. Love in Smith's 42 U.S.C. Sec. 1983 action alleging that Phillip ...

  • Smith v. State Of Washington
    24 F3d 249
    MEMORANDUM Janelle A. Smith appeals pro se the district court's summary judgment for the State of Washington in Smith's 42 U.S.C. Sec. 1983 action alleging that the state judiciary violated her right...

  • United States v. Cuevas Valdovinos
    24 F3d 250
    MEMORANDUM David Cuevas-Valdovinos appeals his 70-month sentence imposed following entry of a guilty plea for conspiracy to distribute cocaine, in violation of 21 U.S.C. Secs. 841(a)(1), 846. Cuevas...

  • United States v. W Douglas
    24 F3d 250
    MEMORANDUM Robert W. Douglas appeals pro se the district court's order enforcing the Internal Revenue Service's (IRS) summons requesting the production of documents relevant to Douglas's federal inco...

  • United States v. Hadnot
    24 F3d 250
    MEMORANDUM Reginald Eugene Hadnot appeals the restitution component of his sentence imposed following entry of a guilty plea to theft of goods stolen from a foreign or interstate shipment of freight ...

  • Williams v. Godinez
    24 F3d 252
    Before: NORRIS, SKOPIL, and O'SCANNLAIN, Circuit Judges MEMORANDUM Oscar Williams appeals the district court's denial of his petition for a writ of habeas corpus. A thorough review of the record l...

  • Acquaire v. B
    24 F3d 401
    In these appeals we review the district court's order granting in part and denying in part a motion for a preliminary injunction. We affirm the order in its entirety. Plaintiffs-appellants are inde...

  • Abrahamsen v. Trans State Express Inc
    24 F3d 804
    This case--an automobile accident case--raises questions about the administration of the law of contribution among tortfeasors in Ohio in wrongful death cases. The wife of Mr. Abrahamsen, the plainti...

  • Toti Toti v. United States
    24 F3d 806
    Appellant Toti, a tax debtor, appeals from a January 7, 1993 order entered in the Eastern District of Michigan, Avern Cohn, District Judge. The court reversed an order of the bankruptcy court, Walter...

  • Subafilms Ltd
    24 F3d 1088
    In this case, we consider the "vexing question" of whether a claim for infringement can be brought under the Copyright Act, 17 U.S.C. Sec. 101 et seq. (1988), when the assertedly infringing conduct c...

  • United States v. B Emmons
    24 F3d 1210
    Daniel E. Monnat of Monnat & Spurrier, Chartered, Wichita, KS, for defendant-appellant. David Lind, Asst. U.S. Atty. (Randall K. Rathbun, U.S. Atty. and Kim M. Fowler, Asst. U.S. Atty., on the ...

  • 30 2068 75893 Weber
    25 F3d 413
    Randy and Christian Weber run a large family farm in northern Indiana. The Webers filed for bankruptcy under Chapter 12 of the bankruptcy code on August 10, 1987. "The goal of a chapter 12 case is t...

  • Gibbs v. Securities and Exchange Commission
    25 F3d 1056
    Before BRORBY and EBEL, Circuit Judges, and KANE, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assis...

  • Kansas State Bank Trust Abc v. Midwest Mutual Insurance Company
    25 F3d 1057
    Before LOGAN and MCKAY, Circuit Judges, and SAM, District Judge. Plaintiff Kansas State Bank & Trust (KSB) appeals from an adverse summary judgment order. KSB brought a declaratory judgment act...

  • Smith v. Farley
    25 F3d 1363
    This is an appeal from the denial of a petition for a writ of habeas corpus. Petitioner had requested habeas relief from his recent state sentence that had been enhanced based on an allegedly invali...

  • Morales Mendoza v. Immigration and Naturalization Service
    26 F3d 131
    Before: NOONAN and T.G. NELSON, Circuit Judges and EZRA, District Judge. MEMORANDUM Ronald J. Morales-Mendoza, a native and citizen of Nicaragua, entered the United States without inspection on Fe...

  • Scoggins v. Office Of Personnel Management
    26 F3d 140
    Joyce J. Scoggins petitions for review of the decision of the Merit Systems Protection Board (Board), AT-0846-93-0611-I-1, denying as untimely Scoggins' request to transfer from the Civil Service Reti...

  • Schneider Ag v. Scimed Life Systems Inc
    26 F3d 140
    SciMed Life Systems, Inc. moves to dismiss a portion of its appeal without prejudice to renewal after a final judgment on the amount of damages has been entered. Schneider (Europe) AG et al. oppose. ...

  • Bagaindoc v. Brown
    26 F3d 141
    The Secretary of Veterans Affairs moves (1) out of time for a two-day extension of time to file his motion to dismiss, (2) to waive the requirements of Fed.Cir.R. 27(e), and (3) to dismiss Alfredo T. ...

  • Tipton v. Brown
    26 F3d 141
    The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(e) and to dismiss Landon C. Tipton's appeal for lack of jurisdiction. Tipton has not filed a response. Tipton seek...

  • United States v. Brady
    26 F3d 282
    Michael G. Considine, Asst. U.S. Atty., E.D. of N.Y., Brooklyn, NY (Zachary W. Carter, U.S. Atty., E.D. of N.Y., David C. James and Valerie Caproni, Asst. U.S. Attys., E.D. of N.Y., of counsel), for a...

  • Cornele v. Brown
    48 F3d 1234
    The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(e) and to dismiss Carl S. Cornele's appeal for lack of jurisdiction. Cornele has not filed a response. Cornele see...

  • United States v. R West S
    21 F3d 607
    Michael Fawer appeals his conviction and sentence for criminal contempt of court in violation of 18 U.S.C. Sec. 401 (1988). Because Fawer's cited conduct was not contemptuous--i.e., Fawer did not dis...

  • United States v. McIntosh
    23 F3d 1454
    Wesley Anthony McIntosh appeals his conviction for distribution of marijuana in violation of 21 U.S.C. Sec. 841(a)(1) (1988), possession of a firearm during a drug trafficking crime in violation of 18...

  • In Re Unanue Casal Et Al
    23 F3d 395
    This is the latest chapter in a dispute that has been litigated with fierce tenacity by the debtor, Ulpiano Unanue-Casal, a/k/a Charles Unanue. See, e.g., In re Unanue- Casal, 998 F.2d 28 (1st Cir. 1...

  • Powell v. United States
    23 F3d 402
    Joseph McCoy Powell appeals from the district court's denial of relief on his 28 U.S.C. Sec. 2254 (1988) petition. This notice of appeal was filed beyond the thirty-day appeal period set forth in Fed...

  • Mills v. W Murray
    23 F3d 402
    Bernard Mills 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 the ...

  • Lucker Manufacturing Unit Of Amclyde Engineered Products Inc v. Home Insurance Company
    23 F3d 808
    This is an appeal from summary judgment granted by the district court in favor of the defendant, The Home Insurance Company ("The Home") and against the plaintiff, Lucker Manufacturing, a Unit of Amcl...

  • Day v. E Shalala
    23 F3d 1052
    Nancy L. Brock, John E. Schrider (argued), Legal Aid Soc. of Cincinnati, Cincinnati, OH, for plaintiffs-appellees in No. 92-3963. Frank A. Rosenfeld (argued and briefed), U.S. Dept. of Justice, Civi...

  • Lounge Inc v. Michigan Liquor Control Commission
    23 F3d 1071
    Plaintiff-Appellant, a corporation that operates the "Mustang Lounge" in Inkster, Michigan, alleges that Defendant-Appellee, the City of Inkster, violated Plaintiff 's First Amendment rights when it t...

  • Mercy Memorial Hospital Corporation v. Hospital Employees Division Of Local Service Employees Interna
    23 F3d 1080
    Appellant Mercy Memorial Hospital Corporation (Hospital) appeals from a judgment entered in the Eastern District of Michigan, Bernard A. Friedman, District Judge, denying the Hospital's summary judgme...

  • United States v. Stanley
    23 F3d 1084
    Defendant Perry Stanley appeals the sentence he received after pleading guilty to one count of conspiracy in violation of 18 U.S.C. Sec. 371 to counterfeit obligations of the United States in violatio...

  • Winskunas v. G Birnbaum
    23 F3d 1264
    The plaintiff in a diversity suit for legal malpractice appeals from the dismissal of his suit on the defendants' motion for summary judgment. The essential facts, construed as favorably to the plain...

  • United States v. Ellis
    23 F3d 1268
    Derrick Ellis was a letter carrier for the United States Postal Service. In May 1992, he was charged with unlawfully possessing stolen mail in violation of 18 U.S.C. Sec. 1708, and with selling three...

  • Be Construction Company v. National Labor Relations Board
    23 F3d 1459
    We review the action of the National Labor Relations Board ("NLRB") in this case following a very serious disturbance, described by the Administrative Law Judge ("ALJ") as a full-scale "riot," involvi...

  • United States v. L Hulshof
    23 F3d 1470
    Counsel who presented argument on behalf of the appellant was Donald Molstad of Sioux City, IA. Counsel who presented argument on behalf of the appellee was Willis A. Buell of Sioux City, IA. Befo...

  • United States v. J Ojeda
    23 F3d 1473
    J. Cesar Delecerda Ojeda (Ojeda) appeals from the district court's entry of judgment, following a jury verdict finding him guilty of possession with an intent to distribute methamphetamine. Ojeda ass...

  • Millett v. Union Oil Company Of California Unocal
    24 F3d 10
    Appellants were franchisees of entities owned by Appellee Union Oil Company of California ("Unocal"). Appellants argue that they are entitled to the goodwill value of their auto repair franchises bec...

  • Harris v. Marhoefer
    24 F3d 16
    Bryan Keith Harris sought $5 million under 42 U.S.C. Sec. 1983 in damages from six defendants (law enforcement officers and the county employing them) for violation of his constitutional rights arisin...

  • James v. G Borg
    24 F3d 20
    Nathaniel James is a state prisoner who petitions for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. He appeals from a district court's order denying his petition and dismissing it with preju...

  • United States v. L Powell
    24 F3d 28
    * OVERVIEW Edward L. Powell (Powell) appeals his conviction on a charge of being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). The district court severed the firearm c...

  • Rocky Mountain Helicopters Inc v. Bell Helicopter Textron Inc
    24 F3d 125
    Plaintiff Rocky Mountain Helicopters, Inc. ("Rocky Mountain") appeals from the district court's Rule 12(b)(6) dismissal of its complaint. See Fed.R.Civ.P. 12(b)(6) (dismissal for failure to state a ...

  • Babayan v. Immigration and Naturalization Service
    24 F3d 244
    Before: KOZINSKI and TROTT, Circuit Judges, and LEVI, District Judge. MEMORANDUM Lion Minas Babayan and Youkina Grikar Minas Babayan, citizens of Iran and practicing Armenian Christians, petition ...

  • Duenas v. E Shalala
    24 F3d 245
    Before: KOZINSKI and TROTT, Circuit Judges, and LEVI, District Judge. MEMORANDUM Antonio Duenas applied unsuccessfully for old-age (retirement) insurance benefits. In denying the claim, the Secre...

  • Flanagan v. Resolution Trust Corporation
    24 F3d 245
    MEMORANDUM The Flanagans appeal the district court's dismissal of their action. On July 12, 1991, the Office of Thrift Supervision appointed the Resolution Trust Corporation ("RTC") as receiver of P...

  • Farias Avalos v. Immigration and Naturalization Service
    24 F3d 245
    Before: KOZINSKI and TROTT, Circuit Judges, and LEVI, District Judge. MEMORANDUM On June 26, 1984, Delfino Farias-Avalos was convicted in California Superior Court of four counts of child molestat...

  • Davoodi v. Immigration and Naturalization Service
    24 F3d 245
    Before: KOZINSKI and TROTT, Circuit Judges, and LEVI, District Judge. MEMORANDUM Hamid Davoodi seeks review of the Board of Immigration Appeal's ("BIA") final order denying him asylum and withhold...

  • Hudson v. Lewis
    24 F3d 246
    MEMORANDUM Billy Joe Hudson appeals pro se the district court's dismissal of his petition for habeas corpus relief. His petition alleged: 1) ineffective assistance of counsel; 2) duplicitous/multi...

  • Sherdil v. Immigration and Naturalization Service
    24 F3d 249
    Before: KOZINSKI and TROTT, Circuit Judges, and LEVI, District Judge. MEMORANDUM Boarhanullah Sherdil, a native and citizen of Afghanistan, petitions for review of the Board of Immigration Appeals...

  • United States v. L Powell
    24 F3d 251
    MEMORANDUM Edward L. Powell (Powell) 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. Powell argues that the prosecutor...

  • United States v. J Scheffer
    24 F3d 251
    MEMORANDUM Daryl J. Scheffer pled guilty to one count of manufacturing marijuana in violation of 21 U.S.C. Sec. 841(a)(1) (1988). He appeals, alleging errors by the district court in denying him a h...

  • United States v. Robles
    24 F3d 251
    Before: ALARCON and FERNANDEZ, Circuit Judges, and HILL, District Judge. MEMORANDUM Elias Robles was convicted of federal income tax violations under 2 U.S.C. Sec. 7206(1). The conviction was bas...

  • United States v. Sposato
    24 F3d 252
    MEMORANDUM Anthony John Sposato appeals pro se the District Court's summary dismissal of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence. Sposato was convicted and sente...

  • Noble v. L Barnett
    24 F3d 582
    McClesky prescribes the principles that govern abuse of the writ claims. First, McClesky makes clear that abuse of the writ is not confined to instances where litigants deliberately abandon claims; ...

  • National Labor Relations Board v. Vsa Incorporated
    24 F3d 588
    Before MURNAGHAN and NIEMEYER, Circuit Judges, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation. Enforcement granted by published opinion. Judge ...

  • 17794a United States v. Snelenberger
    24 F3d 799
    Appellant appeals from his April 2, 1993 conviction entered in the Eastern District of Michigan, Stewart A. Newblatt, District Judge, for threatening to murder a United States Administrative Law Judge...

  • Grove v. Everfresh
    24 F3d 893
    This appeal requires us to determine the rights of third parties who wish to intervene in pending litigation for the limited purpose of obtaining access to documents which have been shielded from publ...

  • Hamburg v. United States
    26 F3d 140
    The United States moves for summary affirmance of the February 28, 1994 judgment of the Court of Federal Claims dismissing Al Hamburg's claim as time barred. Hamburg opposes. On February 15, 1994, ...

  • Todd v. Office Of Personnel Management
    26 F3d 140
    Emma W. Todd seeks review of the decision of the Merit Systems Protection Board, Docket No. PH0831930321-I-1, denying her application for survivor annuity benefits under the Civil Service Retirement S...

  • Franklin Delano Joan v. United States
    27 F3d 566
    Franklin Delano Joan, through counsel, appeals a district court order denying his motion to vacate his sentence, filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pu...

  • United States v. Benson
    27 F3d 567
    Defendant Michael Benson was convicted by a jury of aiding and abetting in the possession of with intent to distribute cocaine and was sentenced to 24 years and 7 months in prison. In appealing both ...

  • Russell v. Heineman
    27 F3d 567
    Victor Russell, a pro se Ohio prisoner, appeals a district court judgment dismissing his civil rights action filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court ...

  • United States v. S Gainous
    27 F3d 568
    This is a direct appeal from a criminal conviction. The parties have waived oral argument, and this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a). In 1993, Gilbert ...

  • United States v. Harris D
    20 F3d 445
    In this consolidated appeal we review the convictions and sentences of the six appellants convicted of: (1) conspiracy to distribute cocaine in violation of 21 U.S.C. Sec. 846; (2) possession with i...

  • Beal v. Paramount Pictures Corporation
    20 F3d 454
    In this copyright infringement case, Alveda King Beal appeals the district court's grant of summary judgment in favor of the defendants below, Paramount Pictures Corp. and Eddie Murphy. The court rej...

  • Wc Phillips v. Frey
    20 F3d 623
    This is an appeal from a jury verdict in a trade secret misappropriation case. The jury found that the defendants had misappropriated a trade secret connected with the manufacture and/or marketing of...

  • Burgos v. Southwestern Bell Telephone Co
    20 F3d 633
    The Burgos family appeals the district court's grant of summary judgment in favor of Southwestern Bell Telephone Co. on the basis that section 301 of the Labor Management Relations Act ("LMRA"), 29 U....

  • Hopwood v. State Of Texas
    21 F3d 603
    Appellants, Thurgood Marshall Legal Society (TMLS) and Black Pre-Law Association (BPLA) appeal the order of the district court denying their motion to intervene in this action. We affirm. Since 198...

  • United States v. Lodhi
    21 F3d 606
    Mahmood Khan Lodhi's motion for release pending appeal is DENIED. The provisions of 18 U.S.C. Sec. 3143 and Fed.R.App.P. 9(b), which govern the release and detention of a defendant pending sentence o...

  • Sanchez Perez v. United States
    23 F3d 395
    Appellant Ivan Sanchez-Perez pled guilty to unlawful possession in a vessel of approximately 34.5 kilograms of cocaine, and of aiding and abetting same, in violation of 21 U.S.C. Sec. 955 and 18 U.S.C...

  • Wong v. Materazzo Etc Et Al
    23 F3d 395
    Plaintiff appellant states that he is a homeless veteran who resides in Boston. He brought this action under 42 U.S.C. Sec. 1983 claiming that the Veterans Services Department for the City of Boston ...

  • Door Corporation v. Morgan Products Limited
    23 F3d 399
    Plaintiff C & S Door Corporation (C & S) appeals the district court's judgment for defendant Morgan Products, Ltd. (Morgan) on C & S's breach of contract claim. We find no error in this ...

  • Cassell Cassell v. K Krippendorf
    23 F3d 400
    The Debtor/Appellant Eglenna F. Cassell ("Cassell") appeals the district court's affirmance of the bankruptcy court. We affirm. * On November 1, 1985, Appellant Cassell's husband died as a result o...

  • Dorsey v. Arty M L W B
    23 F3d 400
    Defendants are employees of the Carroll County Department of Social Services (CCDSS), and they appeal the district court's refusal to dismiss on the grounds of qualified immunity an action brought aga...

  • United State v. Sparks
    23 F3d 404
    William Jeffrey Sparks was convicted, after retrial by a jury, for distributing cocaine base in Fayetteville, North Carolina, in violation of 21 U.S.C. Sec. 841(a)(1) (1988). He is serving a thirty-e...

  • United States v. White
    23 F3d 404
    Eric White appeals his conviction for conspiracy to possess with intent to distribute more than 50 grams of cocaine base ("crack"), distribution of more than 50 grams of crack, and the attempted murde...

  • Washington v. B Wright
    23 F3d 404
    Ernest Washington was convicted of sodomy, burglary, and unlawful wounding in Virginia after a bench trial. After his conviction, Washington brought a habeas corpus petition in the state courts, alle...

  • Cranshaw v. United States
    23 F3d 410
    Reico Cranshaw appeals from the district court's denial of his motion to vacate, set aside, or reduce the sentence imposed on him pursuant to 28 U.S.C. Sec. 2255. 817 F.Supp. 723 (N.D.Ill.1993). Cr...

  • Odumosu v. Immigration and Naturalization Service
    23 F3d 410
    Ayodeji Odumosu, a Nigerian citizen, became a lawful permanent resident of the United States on November 8, 1982. On December 10, 1984, he was convicted in the Circuit Court of Cook County, Illinois ...

  • United States v. Loder
    23 F3d 586
    Charles W. Rankin with whom Rankin & Sultan, Boston, MA, was on brief for appellant. James F. Lang, Asst. U.S. Atty., with whom Donald K. Stern, U.S. Atty., Boston, MA, was on brief for appellee...

  • Oconnor v. E Shalala
    23 F3d 1232
    David N. Kornfeld (argued), Evanston, IL, for plaintiff-appellant. Gail C. Ginsberg, Asst. U.S. Atty., Crim. Div., Donna Morros Weinstein, Michael C. Messer (argued), Dept. of Health and Human Serv...

  • Lorenz v. Valley Forge Insurance Company
    23 F3d 1259
    For more than a decade George and Bette Lorenz have been locked in battle with Valley Forge Insurance Company about a claim for fire damage to their home. Valley Forge concluded that the blaze had be...

  • Bituma Corporation v. National Labor Relations Board
    23 F3d 1432
    This labor law case arises from the certification of a union following a representation election victory at Bituma Corporation's asphalt production equipment plant in Marquette, Iowa. The issues rais...

  • Brandenburg v. Allstate Insurance Company
    23 F3d 1438
    Lois Marie Brandenburg appeals from an order entering summary judgment in favor of Allstate Insurance Company on her uninsured motorist claim. She was a passenger in a van driven by her husband, whic...

  • Egan v. Wells Fargo Alarm Services
    23 F3d 1444
    Thomas H. Egan, a former employee of Wells Fargo Alarm Services, brought this action for damages, reinstatement and other relief alleging that Wells Fargo, although authorized to terminate Egan for ex...

  • Bridgewater v. Caples
    23 F3d 1447
    W. Eugene Bridgewater brought this action under 42 U.S.C. Sec. 1983 against Ron C. Caples, a former deputy sheriff for Nemaha County, Nebraska, alleging that Caples had unlawfully arrested him without...

  • Thomas v. Hungerford
    23 F3d 1450
    Mark C. Thomas filed this lawsuit, pursuant to 42 U.S.C. Sec. 1983, claiming that Kearney, Nebraska, police officer Jeff Griss violated his constitutional rights by conducting an unlawful inventory se...

  • Western v. Swift
    23 F3d 1547
    In this diversity action for breach of warranty, defendant Swift Adhesives, Inc. appeals the district court's judgment and plaintiff Western Recreational Vehicles, Inc. cross-appeals the district cour...

  • Hernandez Vivas v. Immigration and Naturalization Service
    23 F3d 1557
    Ricardo Hernandez-Vivas ("Hernandez") petitions for review of an order from the Board of Immigration Appeals (BIA). Hernandez seeks to reopen his deportation proceedings so that he may apply for asyl...

  • Rashtabadi v. Immigration and Naturalization Service
    23 F3d 1562
    Khosrow Rashtabadi, a citizen of Iran, petitions for review of the Board of Immigration Appeals' affirmance of an immigration judge's decision which found him deportable under 8 U.S.C. Sec. 1251(a)(1)...

  • United States v. Yacoubian
    24 F3d 1
    At the request of Viken Yacoubian the district court found that because the Immigration & Naturalization Service instituted deportation proceedings against Yacoubian, it was in violation of the co...

  • Womens Health Care Services Pa v. Operation Rescue National Now Aclu
    24 F3d 107
    This appeal is taken from an order of the United States District Court for the District of Kansas entered August 5, 1991, granting a preliminary injunction which enjoined defendants and persons and or...

  • Beard Iii v. City Of Northglenn Colorado S
    24 F3d 110
    WHITE, Associate Justice (Retired). Appellant Herschel Beard, III, was the innocent victim of an extraordinary case of mistaken identity. Misled by a complex fraud into thinking Beard responsible f...

  • Pitman v. Blue Cross and Blue Shield Of Oklahoma
    24 F3d 118
    This appeal arises out of a dispute over the provisions of an employee welfare benefit plan and presents the problem of how a court must examine plan interpretations made by an administrator who is al...

  • United States v. Clutchette
    24 F3d 577
    The government appeals an order suppressing evidence seized pursuant to a warrant applied for by state authorities and issued by a state judge over the telephone. We hold that the officers acted in g...

  • Anderson v. Humana Inc
    24 F3d 889
    A health maintenance organization (HMO) offers, for a fixed fee, as much medical care as the patient needs. Providers using traditional fee-for-service methods, by contrast, charge for each procedure...

  • Thrifty Rent A Car Systems Inc v. Brown Flight Rental One Corporation
    24 F3d 1190
    In this diversity case, Brown Flight Rental One Corp. (Brown Flight) and Richard Brown (Brown), hereinafter collectively referred to as appellants, appeal from summary judgment in favor of Thrifty Re...

  • United States v. Meraz Peru
    24 F3d 1197
    Mr. Meraz-Peru appeals the district court's failure to suppress the evidence resulting in his conviction of possession with intent to distribute less than fifty kilograms of marijuana, 21 U.S.C. Sec. ...

  • Hawk v. Gill
    25 F3d 1048
    Before: NORRIS and DAUGHTREY, Circuit Judges, and GILMORE, Senior District Judge. Joseph Calvin Hawk, a pro se Michigan state prisoner, appeals a grant of summary judgment for the defendants in thi...

  • Hughes v. Deerpath Apartments
    25 F3d 1048
    This pro se Michigan plaintiff appeals a district court judgment dismissing his housing discrimination suit filed under the Fair Housing Act, 42 U.S.C. Sec. 3604, and 42 U.S.C. Sec. 1983. He moves fo...

  • Howard v. Alexander
    25 F3d 1048
    James L. Howard, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights action filed under 42 U.S.C. Secs. 1983 and 1985. The case has been referred to a panel of t...

  • Moran v. Wilson
    25 F3d 1049
    Before: NORRIS and DAUGHTREY, Circuit Judges, and GILMORE, Senior District Judge. Edwin Lee Moran, pro se, appeals a district court order denying his petition for a writ of habeas corpus which he f...

  • Maniaci v. D Schwartz
    25 F3d 1049
    We are called upon to decide issues which arose in a Macomb County, Michigan state trial court. John Maniaci, the plaintiff, filed, or attempted to file, a pleading in that court on behalf of PJM Man...

  • Morgan v. United States
    25 F3d 1049
    Ronald William Morgan, pro se, appeals a district court order denying his motion for release on bail pending disposition of his motion to vacate which he filed under 28 U.S.C. Sec. 2255. The case has...

  • United States v. Dunn
    25 F3d 1051
    Earl Quincy Dunn, a federal prisoner, appeals his conviction and sentence, imposed following his guilty pleas to single counts of conspiracy to distribute cocaine, possession of cocaine with intent to...

  • United States v. K Cross
    25 F3d 1051
    The defendant, Mark K. Cross, was originally charged in an indictment with the unlawful possession of a firearm after having been convicted of three prior violent felonies, in violation of 18 U.C.C. S...

  • United States v. Goddard
    25 F3d 1051
    Defendant, Grant Goddard, Jr., was convicted of being a felon in possession of a firearm and ammunition and possessing identifying documents without lawful authority, in violation of 18 U.S.C. Secs. 9...

  • Santa Cruz v. Office Of Personnel Management
    26 F3d 140
    Petitioner, Jose A. Santa Cruz, (Mr. Santa Cruz) seeks review of the October 18, 1993, final decision of the Merit Systems Protection Board (MSPB or Board), Docket No. SE-0831-93-0238-I-1, dismissing ...

  • Jackson v. Office Of Personnel Management
    26 F3d 140
    Petitioner, Tommy Jackson, (Mr. Jackson), seeks review of the July 16, 1993 initial decision of the Merit Systems Protection Board (MSPB or board), Docket No. DA-0831-93-0336-I-1, dismissing his appea...

  • Holmes v. Merit Systems Protection Board
    26 F3d 140
    Rochester Holmes appeals the decision of the Merit Systems Protection Board (MSPB), Docket Number CH0752920356-I-2, dismissing his appeal as untimely filed. We affirm. Following his removal from hi...

  • United States v. Phillips Eb Usx
    19 F3d 1565
    This case involves a steel producer's payment of kickbacks, in the form of illegal pension payments, to union officials, in violation of the Labor Management Relations ("Taft-Hartley") Act Sec. 302, 2...

  • Sockwell v. Phelps C
    20 F3d 187
    David E. Stanley, Baton Rouge, LA, for appellants. Richard A. Sherburne, Jr. and Richard P. Ieyoub, Atty. Gen., Baton Rouge, LA, for appellees. Appeals from the United States District Court for th...

  • Aimable
    20 F3d 434
    In this case, we must decide whether a farm, which contracted with a farm labor contractor to provide laborers to harvest its crops, was the "joint employer" of those laborers for purposes of the Fair...

  • United States v. Cicero
    22 F3d 1156
    Appellant Kendrick Cicero was convicted after a jury trial of one count of conspiring to distribute cocaine, in violation of 18 U.S.C. Sec. 2 (1988) and 21 U.S.C. Sec. 841(a)(1) (1988), and five count...

  • Monroe v. McAllister
    23 F3d 402
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Anderson v. Sparrow
    23 F3d 399
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Geter v. S Lindler
    23 F3d 400
    Appellant seeks to appeal the district court's order dismissing his 28 U.S.C. Sec. 2254 (1988) petition. Appellant's case was referred to a magistrate judge pursuant to 28 U.S.C. Sec. 636(b)(1)(B) (1...

  • Currence v. J Hun
    23 F3d 400
    Appellant 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 accepting the recommendation ...

  • Ervin v. Smith
    23 F3d 400
    Appellant 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 accepting the recommendation ...

  • Fletcher El v. C Brennan
    23 F3d 400
    Warren T. Fletcher-El appeals the dismissal without prejudice of his 42 U.S.C. Sec. 1983 (1988) complaint for failure to exhaust, in which he attacked the validity of his conviction, and sought moneta...

  • Gregory v. Melvin
    23 F3d 400
    Appellant appeals from the district court's order dismissing his civil action for damages. We find that the district court properly found Gregory's allegations of tortious conduct insufficient to sta...

  • Martin v. South Carolina Tax Commission
    23 F3d 402
    Appellant appeals from the district court's orders denying his 42 U.S.C. Sec. 1983 (1988) complaint, and his motion to alter judgment. Our review of the record and the district court's opinion disclo...

  • Morton v. B Wright
    23 F3d 402
    Appellant 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 appeal is...

  • United States v. Hunter
    23 F3d 403
    Reginald Anthony Hunter entered guilty pleas to four counts of bank robbery, 18 U.S.C.A. Sec. 2113(a) (West Supp.1994). He appeals his sentence of ninety-two months, contending that the district cour...

  • United States v. Branch
    23 F3d 403
    Leon Shelton Branch appeals from the district court judgment and sentence order. Branch was indicted on charges of bank robbery, armed bank robbery, and use of a firearm in the commission of a crime ...

  • United States v. Coleman
    23 F3d 403
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United States v. Solomon
    23 F3d 404
    Pamela Teresa Solomon appeals the twelve-month sentence she received when the district court revoked her original sentence of three years probation. Because her sentence has expired, we dismiss the a...

  • United States v. Rashad
    23 F3d 404
    Ahmad Muhammad Rashad pled guilty to embezzling federal funds in violation of 18 U.S.C.A. Sec. 641 (West 1976), and received a sentence of eight months imprisonment. He appeals his sentence, alleging...

  • Waits v. Evatt O A F F
    23 F3d 404
    Terry Waits appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation ...

  • Gilbert v. Metzler
    23 F3d 406
    Robert and Marilyn Metzler appeal from a jury verdict in favor of the plaintiff and from the district court's subsequent order denying their motion for relief from judgment. The cases have been refer...

  • Fleetwood v. Weaver
    23 F3d 406
    Allen Fleetwood, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of th...

  • Schlosser v. Culligan International Corporation
    23 F3d 410
    Before CUMMINGS and RIPPLE, Circuit Judges, and CRABB, Chief District Judge. Rudolph O. Schlosser appeals from an order of the district court granting summary judgment to defendant-appellee Culligan...

  • Polselli v. Nationwide Mutual Fire Insurance Company
    23 F3d 747
    Regina Polselli brought a diversity action in the United States District Court for the Eastern District of Pennsylvania alleging, inter alia, bad faith on the part of the insurer, Nationwide Mutual Fi...

  • United States v. L Monaco
    23 F3d 793
    The government appeals from Thomas L. Monaco's sentence, contesting both the district court's application of, and its downward departure from, the United States Sentencing Guidelines. For the reasons...

  • Ferraro
    23 F3d 803
    Appellants John A. Ferraro and Dorothy Ferraro, who are husband and wife, appeal from an order dated August 23, 1993, and entered on August 31, 1993, dismissing under Fed.R.Civ.P. 12(b)(6) their claim...

  • Hale v. Trustees Of United Mine Workers Health and Retirement Funds
    23 F3d 899
    On March 3, 1988, after completion of her shift, Bevelene Hale fell while showering in the bathhouse on the premises of Sea "B" Mining Company and injured her left shoulder, back, and knees. She subs...

  • United States v. Thompson
    23 F3d 1225
    Sergeant Michael Thompson of the Village of Forest Park, Illinois police force, agreed to coordinate after-hours security for Jerry Gleason Chevrolet, Inc. ("Gleason Chevrolet"), a Forest Park automo...

  • Gwartz v. Jefferson Memorial Hospital Association
    23 F3d 1426
    Dr. Brian Gwartz (Gwartz) appeals the district court's order dismissing his diversity action against Jefferson Memorial Hospital (Jefferson) of Crystal City, Missouri, for failure to join an indispens...

  • Motor Freight Inc Stonitsch v. E Brown
    23 F3d 1431
    John R. Stonitsch, United States Bankruptcy Trustee, appeals from the final order entered in the District Court for the Western District of Missouri, affirming the Bankruptcy Court's order granting en...

  • Gemtel Corporation
    23 F3d 1542
    Gemtel sued the Community Redevelopment Agency and the County of Los Angeles for injunctive, declaratory and damages relief for violating federal rights. The action was dismissed for lack of jurisdic...

  • United States v. Yost
    24 F3d 99
    Defendant Randy Clayton Yost was convicted of arson under 18 U.S.C. Secs. 844(i) and 2 and mail fraud under 18 U.S.C. Secs. 1341 and 2. Defendant Katherine Lee Yost was convicted of mail fraud under ...

  • Texas American Oil Corporation v. United States Department Of Energy
    24 F3d 210
    Texas American Oil Corporation appeals the decision of the United States District Court for the Northern District of Texas, reversing the Bankruptcy Court's classification of the Department of Energy'...

  • Government Employees Insurance Company v. Cabudol
    24 F3d 246
    MEMORANDUM Appellant Marcos Cabudol, Jr. ("Appellant") was involved in an automobile accident on July 27, 1990 while insured by appellee Government Employee's Insurance Company ("Appellee") under a ...

  • United States v. Baca
    24 F3d 250
    MEMORANDUM Fernandez Leroy Baca appeals his conviction, following a jury trial, of carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. Sec. 924(c)(1) (198...

  • United States v. D Sorenson
    24 F3d 252
    MEMORANDUM* Brett D. Sorenson pled guilty to being a felon in possession of a weapon, in violation of 18 U.S.C. 922(g)(1). He subsequently appealed from the sentence imposed by the district court. ...

  • Houck Sons Incorporated v. Transylvania County
    36 F3d 1092
    Plaintiff-appellant Houck & Sons, Inc. (Houck) appeals the district court's grant of the posttrial motion made by the defendants-appellees, Transylvania County, Terry Pierce, and Jack McGinnis (t...

  • McDaniel v. S R Witkowski
    23 F3d 402
    Appellant 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 appeal is...

  • Armstrong v. Lance Incorporated Equal Employment Opportunity Commission
    23 F3d 399
    After being discharged, Richard L. Armstrong brought this action in federal court under Title VII of the 1964 Civil Rights Act, 42 U.S.C. Secs. 2000e-2000e-17 (1988), alleging race discrimination agai...

  • Cross v. County Commission Of Wood County
    23 F3d 400
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of...

  • Dickerson v. E Shalaka
    23 F3d 400
    William R. Dickerson was denied disability and supplemental security income benefits by the Secretary of Health and Human Services in July 1990. Dickerson appeals from the magistrate judge's order af...

  • Re Malloy Us Department Of Health Human Services v. Malloy Commonwealth Of Virginia
    23 F3d 402
    Harderison Edward Malloy, Jr. (the Debtor) appeals the district court's decision reversing the bankruptcy court's finding that the Debtor's Health Education Assistance Loans (HEAL) were dischargeable...

  • Stokes v. A Williams
    23 F3d 403
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • United States v. Ange
    23 F3d 403
    Lang Gillford Ange, Jr., a federal prisoner, appeals the district court's denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. Sec. 2255 (1988). This appeal was pl...

  • United States v. Russell
    23 F3d 404
    Robby Russell was convicted of two counts of possession with intent to distribute cocaine in violation of 21 U.S.C.A. Sec. 841(a)(1) (West Supp.1992), and one count of carrying a firearm in the commis...

  • Coleman v. United States
    23 F3d 406
    Before: JONES and BATCHELDER, Circuit Judges, and GILMORE, Senior District Judge. Charles E. Coleman, a pro se federal prisoner, moves for a transcript of his criminal trial and appeals from the di...

  • Otero v. Dove
    23 F3d 407
    Before: JONES and BATCHELDER, Circuit Judges, and GILMORE, Senior District Judge. Joseph Otero, a pro se federal prisoner, appeals a district court order dismissing his petition for a writ of habea...

  • Lowry v. B Rubin
    23 F3d 407
    Before: KEITH and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge. James Lowry appeals a district court order dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. ...

  • Lester v. V Voinovich
    23 F3d 407
    Before: JONES and BATCHELDER, Circuit Judges, and GILMORE, Senior District Judge Arthur R. Lester appeals a district court order dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec...

  • Harris v. Columbus Board Of Education
    23 F3d 407
    Before: KEITH and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge. Larry Delano Coleman, an attorney representing himself, appeals a district court judgment imposing Fed.R.Civ.P. 37...

  • Tackett v. Ob Combs
    23 F3d 408
    Brian G. Tackett, a pro se federal prisoner, appeals a district court order dismissing his civil rights complaint, filed pursuant to 42 U.S.C. Sec. 1983, for failure to state a claim. The case has be...

  • Thurman v. United States Naval Ordnance
    23 F3d 408
    Before: KEITH and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge. Willard E. Thurman, a pro se Kentucky resident, appeals a district court grant of judgment in this case brought pu...

  • Russell v. J Odea Iii
    23 F3d 408
    Before: JONES and BATCHELDER, Circuit Judges, and GILMORE, Senior District Judge. Teddy G. Russell, a pro se Kentucky prisoner, appeals a district court order dismissing his petition for a writ of ...

  • Sallee v. Federal Correctional Institute Ashland
    23 F3d 408
    Before: KEITH and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge. Benjamin F. Sallee, Jr., a pro se federal prisoner, moves for pauper status and release on bond and appeals a dist...

  • United States v. Yarbrough
    23 F3d 409
    Defendants Emmit Yarbrough, Jr. and Roosevelt Dix, Jr., aka Alvin Dix, challenge their jury convictions of one count of conspiracy to possess cocaine and cocaine base with intent to distribute in viol...

  • United States v. Riselay
    23 F3d 409
    Defendant Riselay appeals his sentence and defendant Botello appeals his conviction and sentence in this drug conspiracy case. Riselay pleaded guilty to conspiracy to possess with intent to distribut...

  • Isby v. E Wright
    23 F3d 410
    Aaron Isby, an inmate at the Maximum Control Complex in Westville, Indiana, was found guilty by a Prison Conduct Adjustment Board (CAB) of destroying a mattress owned by the state. Restitution was or...

  • Davis v. A Farley
    23 F3d 410
    James L. Davis, a state prisoner incarcerated at the Indiana State Prison in Michigan City, Indiana, appeals from the denial of his petition for a writ of habeas corpus. 28 U.S.C. Sec. 2254. On Tha...

  • Dorsey v. Greer
    23 F3d 410
    Petitioner appeals from a district court order denying his petition for writ of habeas corpus. 28 U.S.C. Sec. 2254. In 1978, Petitioner was convicted of the aggravated battery and attempted murder ...

  • Garro v. State Of Connecticut
    23 F3d 734
    This is an appeal and cross-appeal in an action for compensatory education and reimbursement based on the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. Sec. 1400 et seq. (1988 &...

  • United States v. Tapia Ortiz
    23 F3d 738
    Defendants Juan Tapia-Ortiz and Ernesto Velez-Morales appeal from judgments entered in the United States District Court for the Eastern District of New York (Thomas C. Platt, Jr., Chief Judge ), convi...

  • Garay v. Slattery Ny Us
    23 F3d 744
    Hector Gustavo Garay appeals from Judge Patterson's dismissal of his petition for review of Immigration Judge ("IJ") Alan L. Page's denial of Garay's request for a stay pending deportation. We affirm...

  • United States v. Padilla
    23 F3d 1220
    Salvador Padilla was one of fourteen defendants named in a multi-count indictment targeting a cocaine distribution operation. Charged with participation in the drug conspiracy, see 21 U.S.C. Sec. 846...

  • United States v. K Haney
    23 F3d 1413
    Byron K. Haney appeals from a final judgment entered in the United States District Court for the Eastern District of Missouri upon a jury verdict finding him guilty of one count of possession of a fir...

  • Astrup v. Resolution Trust Corporation
    23 F3d 1419
    Plaintiff Odell Astrup brought this action against the Resolution Trust Corporation (RTC) to compel payment of an administrative claim. The District Court granted summary judgment for the RTC and dis...

  • Dyer v. United States
    23 F3d 1421
    Cephus Donald Dyer appeals from the final order entered in the District Court for the Southern District of Iowa, dismissing his second 28 U.S.C. Sec. 2255 motion to vacate his sentence. For the reaso...

  • Dyer v. United States
    23 F3d 1424
    Blanche E. Dyer appeals from the final order entered in the District Court for the Southern District of Iowa, denying her second 28 U.S.C. Sec. 2255 motion to vacate her sentence. For the reasons dis...

  • Cabazon Band Of Mission Indians v. Wilson
    23 F3d 1535
    We consider the power of the State of California to tax offtrack betting activities on Indian reservations. * Plaintiffs Cabazon Band of Mission Indians and Sycuan Band of Mission Indians ("the Band...

  • United States v. Becker
    23 F3d 1537
    Duskin Claude Becker appeals his conviction following a court trial for one count of conspiracy to manufacture, possess with intent to distribute, and distribute methamphetamine in violation of 21 U.S...

  • Lyngholm Chaussee v. Lyngholm
    24 F3d 89
    This is an appeal from the district court's order reviewing and affirming action of the bankruptcy court. Appellant Michael Dean Chaussee (Creditor) argues on appeal that the bankruptcy and district ...

  • United States v. Gerber
    24 F3d 93
    The principal question in this direct criminal appeal is whether, for Ex Post Facto Clause purposes, the government must apply the version of United States Sentencing Guideline Sec. 5K1.1 that was in ...

  • United States v. Sauseda
    24 F3d 97
    WHITE, Associate Justice (Ret.). Appellant was convicted on a two-count indictment, first for possessing with intent to distribute less than 50 kilograms of marijuana in violation of 21 U.S.C. Secs....

  • Jacobs v. Maricopa County
    24 F3d 247
    MEMORANDUM Appellant Alicia Nieto Jacobs appeals the district court's dismissal of her complaint against the County of Maricopa alleging unlawful employment discrimination under Title VII and other s...

  • United States v. Becker
    24 F3d 250
    Duskin Claude Becker appeals his conviction following a court trial and sentence under the Sentencing Guidelines for one count of conspiracy to manufacture, possess with intent to distribute, and dist...

  • United States v. Kilman
    24 F3d 251
    MEMORANDUM Michael Kilman appeals his conviction and sentence following his guilty plea to conspiracy to possess methamphetamine for distribution, possession of methamphetamine for distribution, and ...

  • Simmons v. S Ghent
    25 F3d 1053
    Plaintiff appeals from a district court order dismissing his petition to proceed in forma pauperis, 28 U.S.C. Sec. 1915(d), in a pro se suit brought pursuant to 42 U.S.C. Sec. 1983 seeking damages and...

  • Teale v. Department Of The Navy Merit Systems Protection Board
    26 F3d 139
    Mr. Teale, formerly employed as an engineering technician with the Department of the Navy, appeals the decision of the Merit Systems Protection Board (MSPB) in Docket No. SE-0752-93-0328-I-1, that dis...

  • Federal Deposit Insurance Corp v. C Lewis Iii
    21 F3d 89
    The FDIC in this case pursues assets of a terminated trust now in the hands of trust beneficiaries. We hold that under Louisiana law the FDIC must show the inadequacy of its remedies at law before pu...

  • Athens Community Hospital Inc Amisub v. E Shalala
    21 F3d 1176
    Three rural hospitals appeal from a decision of the district court rejecting their challenge to certain Medicare regulations promulgated by the Secretary of Health and Human Services. See Athens Comm...

  • Association Of Civilian Technicians Montana Air Chapter No v. Federal Labor Relations Authority
    22 F3d 1150
    Petitioner, the Association of Civilian Technicians, Montana Air Chapter No. 29 ("Union") negotiated and executed a collective bargaining agreement ("Agreement") with the Montana National Guard ("Acti...

  • United States v. McManus
    23 F3d 878
    Janice McManus, Alton Truesdale, Tennison Harris, Alvin Truesdale, and Connell Robinson were convicted of participation in a cocaine conspiracy, in violation of 21 U.S.C. Sec. 846. The ringleader, Al...

  • Pratt Jr v. New Hampshire Et Al
    23 F3d 394
    Plaintiff, pro se, appeals the dismissal of his civil rights complaint for failure to state a claim under 42 U.S.C. Secs. 1983, 1985(3). Plaintiff is currently incarcerated at the New Hampshire State...

  • Nakeswaran v. Immigration and Naturalization Service
    23 F3d 394
    In this case, Sanmuganathan Nakeswaran, a citizen of Sri Lanka, petitions for review of a final order of the Board of Immigration Appeals (BIA or Board) denying his request for asylum and ordering him...

  • United States v. R Gardell
    23 F3d 395
    Appellant Brian Gardell appeals an order of the United States District Court for the District of New Hampshire approving the report and recommendation of the magistrate judge that he comply with an In...

  • United States v. Cruz
    23 F3d 395
    This is an appeal from the decision of the United States District Court for the District of Puerto Rico ordering appellant David Irizarry-Cruz detained pending trial pursuant to 18 U.S.C. Sec. 3142(f)...

  • 2
    23 F3d 401
    Appellant seeks to appeal the magistrate judge's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the magistrate judge's opinion discloses that this appea...

  • Howell v. Officer Ramsey Co I
    23 F3d 401
    Carl Lawrence Howell appeals the district court's dismissal without prejudice of his 42 U.S.C. Sec. 1983 (1988) complaint. Howell's complaint was dismissed for failure to comply with an order of the ...

  • Long v. Alexander
    23 F3d 401
    Appellant appeals the order of the magistrate judge denying Appellant's application to proceed in forma pauperis and stating that, absent payment of the filing fee, the magistrate judge would recommen...

  • Myer v. Henneberry
    23 F3d 402
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is w...

  • Staley v. State
    23 F3d 403
    Appellant 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 accepting the recommendation ...

  • United States v. Hall
    23 F3d 403
    Defendant-appellant James Ray Hall ("Hall") challenges his sentence, imposed following conviction on charges of conspiring to distribute cocaine, substantive distribution of cocaine, and laundering of...

  • United States v. Curtis
    23 F3d 403
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion accepting the recommendation of the magistra...

  • United States v. Lacy
    23 F3d 404
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion accepting the recommendation of the magistra...

  • United States v. Postell
    23 F3d 404
    Donald Lamont Postell appeals from the district court's order refusing relief under 28 U.S.C. Sec. 2255 (1988). Our review of the record and the district court's opinion accepting the recommendation ...

  • Fakhouri v. United States
    23 F3d 406
    This is an appeal by owners of a retail store authorized to participate in the food stamp program from summary judgment for the government in an action challenging the decision of the Department of Ag...

  • Hess v. Money
    23 F3d 407
    Paula I. Hess, a pro se Ohio prisoner, appeals a district court judgment denying her petition for a writ of habeas corpus filed under 28 U.S.C. Sec. 2254. Additionally, she requests the appointment o...

  • United States v. R Crowder
    23 F3d 408
    The defendant appeals the denial of his motion for release pending sentence and appeal. He is scheduled to be sentenced on May 17, 1994, for interstate transportation of stolen vehicles, possession o...

  • Schlairet v. United States
    23 F3d 408
    Gary Joseph Schlairet, a pro se federal prisoner, appeals a district court order dismissing his motion to vacate, set side, or correct his sentence filed under 28 U.S.C. Sec. 2255. The case has been ...

  • United States v. Bautista R
    23 F3d 726
    Luis R. Minier-Contreras appeals from a judgment of the United States District Court for the Southern District of New York, Miriam Goldman Cedarbaum, Judge, convicting him after a jury trial of the fo...

  • Elmore
    23 F3d 855
    The primary issue presented by these cross-appeals is whether representations made by Cone Mills prior to the adoption of an Employee Stock Ownership Plan (ESOP), but not incorporated into the formal ...

  • United States v. Maybeck
    23 F3d 888
    Thomas Maybeck pled guilty to two counts of bank robbery and one count of unlawful possession of a firearm in violation of federal law. After he had filed a plea agreement but before he had been sent...

  • Robb Robb Fulton v. Robb
    23 F3d 895
    In this appeal, we must decide whether David Robb, Sr. (the Debtor) may discharge his obligation for $3,000 monthly payments ($3,000 Monthly Payments) to his ex-wife, Linda Robb-Fulton (Linda or the ...

  • General Acquisition Inc v. Inc
    23 F3d 1022
    This case involves General Acquisition, Inc.'s attempted hostile takeover of Appellant GenCorp, Inc., in March, 1987. Having successfully resisted General Acquisition's overture, GenCorp's directors ...

  • United States v. Cyprian V
    23 F3d 1189
    The trial judge denied the motion but decided to sever the RICO count from the remaining charges in the indictment. Cyprian was then tried by a jury on Counts 3-9, 13, 15, 16, and Counts 19-21. The ...

  • United States v. Lakich
    23 F3d 1203
    Dusan Lakich ("Lakich") was indicted along with his co-defendant, Jose M. Huertas-Santiago ("Santiago") on one count of conspiring to possess with intent to distribute one kilogram of cocaine in viola...

  • Precin v. United States
    23 F3d 1215
    Scott Precin pleaded guilty to conspiring to possess cocaine with the intent to distribute in violation of 21 U.S.C. Sec. 846. Instead of appealing his conviction and sentence directly, he petitioned...

  • Union Pacific Railroad Company v. United Transportation Union
    23 F3d 1397
    Union Pacific Railroad Company ("Union Pacific") appeals from a district court order granting summary judgment in favor of the United Transportation Union (the "union") and Bedell Gray and confirming ...

  • United States v. Jones
    23 F3d 1407
    Ernest Jones was charged with conspiracy to distribute cocaine base, a violation of 21 U.S.C. Sec. 846 (1988); distribution of cocaine base, a violation of 21 U.S.C. Sec. 841(a)(1) (1988); possessio...

  • United States v. Thornton
    23 F3d 1532
    PER CURIAM. An elderly Arizona man was robbed and murdered in his home on July 9, 1991. The killer tied up the victim's companion and fled in the victim's car. PSR 5. Floyd Thornton was arrested ...

  • United States v. Draper
    24 F3d 83
    In a one-count indictment, Arthur Cleon Draper, a convicted felon, was charged with knowingly and unlawfully possessing a Colt, AR-15, .223 caliber rifle and a Ruger, 9mm semi-automatic pistol, and ce...

  • Champion Boxed Beef Company v. Local No United Food and Commercial Workers International Union
    24 F3d 86
    United Food & Commercial Workers, Local Union No. 7 (the Union) appeals from the district court's order granting Champion Boxed Beef Company's (the Company) motion for summary judgment and vacatin...

  • Davis v. Northrop Corporation
    24 F3d 245
    MEMORANDUM Plaintiff-appellant Vildred Davis ("Davis"), a Black woman, brought suit against her former employer, defendant-appellee Northrop Corporation ("Northrop"), and her former supervisor at Nor...

  • Oneil v. Carey
    24 F3d 248
    Before: KOZINSKI and O'SCANNLAIN, Circuit Judges; GEORGE, District Judge. MEMORANDUM Raymond Carey, trustee for the bankruptcy estate of Barbara Jean Kerpsack (the "Trustee"), appeals a judgment ...

  • United States v. Crosswhite
    24 F3d 250
    MEMORANDUM Crosswhite and Williams pleaded guilty to narcotics violations. They suffer from morbid obesity and moved to continue sentencing so their physician could present medical testimony. The d...

  • United States v. Gresso
    24 F3d 879
    Richard Gresso pleaded guilty to a one-count information charging him with being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g). Gresso appeals his sentence. He argues that...

  • Roche v. City Of Chicago
    24 F3d 882
    Appellees were Deputy Fire Commissioners for the City of Chicago. They were mandatorily retired by the City under an amended retirement ordinance passed in March 1988 that set the maximum age for uni...

  • Schultz v. Commerce First Financial
    24 F3d 1023
    Jeffrey P. Schultz appeals from the district court's denial of his Federal Rule of Civil Procedure 60(b) motion to set aside a stipulation and order approving a settlement entered in 1986. Schultz co...

  • In The Matter Of S and P Incorporated Appeal Of S and P Incorporated
    25 F3d 1053
    Before COFFEY and FLAUM, Circuit Judges, and MORAN, Chief District Judge. S & P, Inc. (S & P) brought a malpractice suit against the law firm representing it in chapter 11 proceedings, alle...

  • Rasheed Bey v. E Aikens R R
    25 F3d 1053
    Taajwar Kafeel Rasheed-Bey, a state prisoner in Indiana, filed suit pursuant to 42 U.S.C. Sec. 1983 alleging that he was deprived of property without due process of law in violation of the Fourteenth ...

  • Conley v. D Gilmore
    25 F3d 1053
    Robert Conley appeals the district court's denial of his petition for a writ of habeas corpus. 28 U.S.C. Sec. 2254. Conley argues that he was denied the effective assistance of counsel at sentencing...

  • United States v. J Shugart
    25 F3d 1054
    Pursuant to a written agreement, Ricky J. Shugart entered a plea of guilty to one count of possession of a firearm by a felon, 18 U.S.C. Sec. 922(g)(1), and one count of transporting a fraudulent secu...

  • United States v. S Murphy
    25 F3d 1054
    Daniel S. Murphy suffers from arachnoiditis a condition characterized by inflammation of the tissue around the nerves in his back which results in intense chronic lower back pain. Because the conditi...

  • United States v. Viverette
    25 F3d 1054
    Pursuant to a written plea agreement, Horthy Viverette, Jr., pleaded guilty to federal drug trafficking and firearms offenses, and was sentenced to three concurrent terms of 52 months imprisonment and...

  • Germany v. W Zavaras
    25 F3d 1056
    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...

  • Jackson v. Neitzke S T
    28 F3d 1216
    Marshall Jackson appeals the district court's grant of summary judgment in favor of the defendants in his civil rights action filed pursuant to 42 U.S.C. Sec. 1983. Jackson also asserts that the dist...

  • Grand Chevrolet Inc Sulmeyer v. Pacific Bmw
    29 F3d 631
    MEMORANDUM Trustee Irving Sulmeyer appeals the granting of summary judgment to Pacific BMW. We have jurisdiction under 28 U.S.C. Sec. 1291. We review de novo. In re Food Catering & Housing, I...

  • United States v. Munoz Realpe
    21 F3d 375
    Jose Munoz-Realpe pleaded guilty to importation of cocaine, in violation of 21 U.S.C. Sec. 952(a), and was sentenced to 36 months imprisonment, to be followed by five years supervised release. On app...

  • McKinney v. Pate
    20 F3d 1550
    Kevin W. Shaughnessy, Akerman, Senterfitt & Eidson, P.A., Orlando, FL, for amicus Orange Co., Fla. Susan M. Hartwig, Steve Rothman, Office of the County Atty., Atlanta, GA, for amicus Fulton Cou...

  • Rubinstein v. J Collins
    20 F3d 160
    In this securities fraud case, Plaintiffs-Appellants Judith Rubinstein and Howard Greenwald ("Plaintiffs") appeal the order of the district court dismissing their complaint pursuant to Rule 12(b)(6) f...

  • United States v. Copeland
    20 F3d 412
    Dwaine Copeland appeals from a judgment revoking his supervised release. He contends that the district court abused its discretion in concluding that he violated the conditions of his release and vio...

  • United States v. Oliver
    20 F3d 415
    Robert Earl Oliver was convicted of several offenses, including possession of a firearm by a convicted felon, in violation of 18 U.S.C. Sec. 922(g)(1), and was sentenced as an armed career criminal un...

  • Heuer v. United States Secretary Of State
    20 F3d 424
    Appellant, Werner T. Heuer ("Heuer"), seeks review of the district court's dismissal with prejudice of his pro se action against Appellee, the United States Secretary of State ("Secretary of State"), ...

  • Lee v. Flightsafety Services Corporation Lee
    20 F3d 428
    Martha F. Dekle, Douglas Wayne Alexander, Brunswick, GA, for appellants in No. 93-8091. David Whitworth, Donna Linn Crossland, Brunswick, GA, for appellees in No. 93-8091. David T. Whitworth, Donn...

  • United States v. Felix Rodriguez
    22 F3d 964
    * OVERVIEW Jesus Felix-Rodriguez (Felix) appeals his jury conviction for conspiracy to distribute cocaine (Count One) in violation of 21 U.S.C. Sec. 846; distribution of cocaine base (Counts Two-Fiv...

  • United States v. Ortiz
    23 F3d 21
    In this appeal, defendant-appellant Frederick Fermin Ortiz challenges, on a variety of grounds, his convictions and sentence for conspiracy to possess cocaine with intent to distribute and for possess...

  • Oropallo v. L Parrish Et Al
    23 F3d 394
    Plaintiff-appellant Charles J. Oropallo, a New Hampshire inmate, appeals pro se from the dismissal of his amended civil rights complaint for failure to state a claim. For the reasons stated below, we...

  • Alston v. Wr Brackman
    23 F3d 399
    Roger Gomez Alston appeals from the district court's orders denying relief under 42 U.S.C. Sec. 1983 (1988) and denying his motion for reconsideration. Our review of the record and the district court...

  • Harvey v. Csx Transportation Incorporated
    23 F3d 401
    Arvel Harvey, a former fireman and engineer for CSX, appeals from a district court order granting CSX's motion for summary judgment in an action brought by Harvey under the Federal Employer's Liabilit...

  • James v. Henneberry
    23 F3d 401
    Lucian C. James, Jr., 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 disclo...

  • Sayre v. Director
    23 F3d 403
    Jasper Sayre petitions for review of a Benefits Review Board (Board) decision affirming in part, vacating in part, and remanding for further consideration the administrative law judge's (ALJ) decision...

  • United States v. Butler
    23 F3d 403
    Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2255 (1988) petition. Our review of the record and the district court's opinion accepting the recommendation ...

  • United States v. Kennedy
    23 F3d 404
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United States v. Long
    23 F3d 404
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United States v. Miller
    23 F3d 404
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit....

  • United States v. Rukaj
    23 F3d 404
    Defendants Peter Rukaj and Mirash Vukel were convicted for conspiring to distribute heroin in violation of 21 U.S.C. Sec. 846. Rukaj was also convicted for possession with intent to distribute heroin...

  • Berryman v. W Block
    23 F3d 406
    Before: GUY and NELSON, Circuit Judges, and QUIST, District Judge. Philip W. Berryman appeals a district court judgment granting summary judgment for defendants in this civil rights action filed un...

  • Lolakis v. United States
    23 F3d 407
    This pro se federal prisoner appeals a district court order denying his motion to vacate, set aside or correct sentence filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of the c...

  • United States v. K Leggett
    23 F3d 409
    In these consolidated cases, Michael K. Leggett appeals his convictions and sentences for attempted bank robbery, in violation of 18 U.S.C. Sec. 2113(a), and assault on a federal officer, in violation...

  • Murphy v. International Business Machines Corporation
    23 F3d 719
    Plaintiff Kathleen A. Murphy appeals from a final judgment of the United States District Court for the District of Connecticut, Alan H. Nevas, Judge, dismissing her complaint against defendant Interna...

  • Veal v. Geraci
    23 F3d 722
    Plaintiff pro se Michael C. Veal appeals from a final judgment of the United States District Court for the Eastern District of New York, I. Leo Glasser, Judge, dismissing his action against defendants...

  • United States v. Brown
    23 F3d 839
    Emanuel Brown pleaded guilty to a single count of distributing crack cocaine in violation of 21 U.S.C. Sec. 841(a)(1). During sentencing, the district court classified Brown as a career offender beca...

  • South v. Silver
    23 F3d 842
    On appeal are two consolidated actions, both brought by the South Carolina State Ports Authority ("the SPA"): an in personam action against Orestes G. "Rusty" Christophides and a Panamanian company, ...

  • Burch v. Federal Insurance Administration
    23 F3d 849
    This case requires us to decide whether state certification of structures to be relocated under the National Flood Insurance Act of 1968, 42 U.S.C. Sec. 4001 et seq., divests the Federal Emergency Man...

  • Twin City Fire Insurance Company v. Country Mutual Insurance Company
    23 F3d 1175
    Out of a ghastly accident in 1983 grew a dispute between two liability-insurance companies that was litigated in a federal district court in Illinois under the diversity jurisdiction, resulting in a j...

  • Protectoseal Company v. Barancik
    23 F3d 1184
    The Protectoseal Company (Protectoseal) appeals the dissolution of a permanent injunction prohibiting Charles Barancik from serving as one of Protectoseal's directors. We affirm. Protectoseal is a ...

  • United States v. Eighty Seven Thousand Sixty Dollars
    23 F3d 1352
    In these consolidated appeals, Herman McGee, Barbara McGee, and Maxine Catching (claimants) appeal pro se from the final order entered in the District Court for the Eastern District of Missouri, grant...

  • Stokes v. City Of Omaha Pj
    23 F3d 1362
    The City of Omaha ("the City") appeals from the district court's judgment entered following a jury verdict in the amount of $2,700.00 in favor of Allen David Stokes on his claim that the City delayed ...

  • Employers Insurance Of Wausau v. Missouri Electric Works Inc
    23 F3d 1372
    L. Kimberly Steele, Dallas, TX, argued (Gerre S. Langton, St. Louis, MO, Paul L. Gingras, Minneapolis, MN, on the brief), for appellant. Thomas B. Weaver, St. Louis, MO, argued (Edwin L. Noel, on th...

  • Dillaha v. Yamaha Motor Corporation Usa
    23 F3d 1376
    In this diversity action, Thomas Tansil Dillaha appeals from the District Court's order granting summary judgment in favor of Yamaha Motor Corporation (YMC). We affirm. On August 29, 1987, Dillaha ...

  • National Labor Relations Board v. Wachter Construction Inc
    23 F3d 1378
    National Labor Relations Board ("the Board") seeks to enforce its order against respondents, Wachter Construction, Inc., BSI Constructors, Woermann Construction Company, and Don C. Musick Construction...

  • United States v. Phillips
    23 F3d 1389
    Accountant Robert Manuel Phillips pleaded guilty to two counts of mail fraud after embezzling over $4,500,000 from pension funds, elderly clients, and other victims to finance his penchant for gamblin...

  • Bank Building and Equipment Corporation Of America Plan Committee Engel v. M Clark
    23 F3d 1390
    Walter M. Clark appeals from an order entered in the United States District Court 158 B.R. 138 for the Eastern District of Missouri reversing an order entered in the United States Bankruptcy Court for...

  • Jenson v. United States
    23 F3d 1393
    In this tax refund case, Clark Jenson appeals the district court's grant of summary judgment in favor of the United States. We affirm. Jenson was the founder and president of Clark Jenson Nursery, ...

  • Gf Company v. Pan Ocean Shipping Co Ltd Pan Queen
    23 F3d 1498
    Defendant Pan Ocean Shipping Company appeals the district court's summary judgment for plaintiff G.F. Company in an action under the Carriage of Goods by Sea Act for damages to plywood that Pan Ocean ...

  • National Wildlife Federation v. Burlington Northern Railroad Inc
    23 F3d 1508
    The National Wildlife Federation and Great Bear Foundation (collectively referred to as "NWF") appeal the denial of their motion for a preliminary injunction in their action against Burlington Norther...

  • Acton v. Vernonia School District 47j
    23 F3d 1514
    Wayne and Judy Acton, guardians ad litem for James Acton, appeal the district court's judgment at trial that the Vernonia School District's mandatory random drug testing policy for participants in int...

  • United States v. Loya
    23 F3d 1529
    In 1993, appellant Jesus Loya pled guilty to importation of marijuana and was sentenced to 15 months in custody and placed on three years of supervised release. Soon after his release from custody, L...

  • United States v. McCullough
    24 F3d 251
    MEMORANDUM Lon McCullough appeals his conviction following entry of a conditional guilty plea to the manufacture of and possession with intent to distribute marijuana in violation of 21 U.S.C. Sec. 8...

  • McCright v. B Vasquez
    24 F3d 247
    MEMORANDUM Colvin McCright, a California state prisoner, appeals pro se the district court's 28 U.S.C. Sec. 1915(d) dismissal of his 42 U.S.C. Sec. 1983 action. McCright contends that the district c...

  • Equitable Center Equitable Center v. Commercial Investment Properties Inc
    24 F3d 245
    MEMORANDUM The Equitable Center (the "Debtor") appeals the order of the district court affirming the bankruptcy court's award of fees to Commercial Investment Properties, Inc. ("CIPI") and Riddell, ...

  • Dadon v. Levinson Dadon
    24 F3d 245
    Before: WIGGINS, T.G. NELSON, Circuit Judges and REED, District Judge. MEMORANDUM This diversity action arises out of a contract between Levinson and Dadon for the sale of Levinson's promotional s...

  • Freeman v. Crist
    24 F3d 246
    Before: SCHROEDER, D.W. NELSON, and CANBY Circuit Judges. MEMORANDUM On January 22, 1986, Petitioner, Brian Morton Freeman, was convicted of one count of kidnapping and seven counts of sexual assa...

  • Frost v. W Lutz A Adoc
    24 F3d 246
    MEMORANDUM Arizona state prisoner Raymond Ludwig Frost appeals pro se the district court's summary judgment in favor of prison officials in Frost's 42 U.S.C. Sec. 1983 action, alleging prison officia...

  • Jordan v. Rowland
    24 F3d 247
    MEMORANDUM Robert Charles Jordan, Jr., appeals from the district court's denial of his petition for writ of habeas corpus. We review the decision of the district court de novo. United States v. Po...

  • Jerrel Jerrel v. D Martinson Na
    24 F3d 247
    MEMORANDUM Chapter 7 debtor Carla Jerrel appeals the district court's affirmance of the bankruptcy court's order in which that court: (1) determined that most of her $55,000 settlement of a negligen...

  • Robles v. Armstrong
    24 F3d 248
    MEMORANDUM Timothy Jon Robles appeals from the dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. We affirm the district court's dismissal for lack of jurisdictio...

  • Riebe Well Drilling Inc v. United States
    24 F3d 248
    MEMORANDUM Riebe Well Drilling, Inc. (Riebe) sued the United States under the Federal Tort Claims Act (28 U.S.C. Sec. 2671 et seq.) to recover for property damage and lost profits resulting from the...

  • United States v. Carrillo Espinoza
    24 F3d 250
    MEMORANDUM Jose Carrillo-Espinoza ("Appellant") appeals the district court's denial of his motion to dismiss certain charges brought against him on double jeopardy grounds. We affirm. On July 21, ...

  • United States v. Ashe
    24 F3d 250
    MEMORANDUM Appellant Billy Joe Ashe ("Ashe") was convicted in January 1993 on three counts of felon in possession of a firearm, in violation of 18 U.S.C. Secs. 922(g)(1) and 924(e). The charges stem...

  • United States v. Goller
    24 F3d 250
    Goller first argues that the court erred when it enhanced his sentence under Sec. 3C1.1 for perjury. He asserts that the principal witness who contradicted his testimony was unreliable because of her...

  • United States v. Felix Rodriguez
    24 F3d 250
    MEMORANDUM Jesus Felix-Rodriguez (Felix) appeals his jury conviction for conspiracy to distribute cocaine (Count One) in violation of 21 U.S.C. Sec. 846; distribution of cocaine base (Counts Two thr...

  • United States Prawer Company v. Fleet Bank Of Maine
    24 F3d 320
    This appeal arises out of the district court's sua sponte dismissal of a qui tam action brought by plaintiffs-appellants S. Prawer & Company, Gilbert Prawer, and Harvey Prawer (collectively "Prawe...

  • Cabrera v. Jakabovitz Am
    24 F3d 372
    This appeal presents important issues concerning the framing of jury instructions in all types of discrimination cases. The appeal also presents specific issues concerning the circumstances under whi...

  • Yi v. Maugans L J J Pan
    24 F3d 500
    In February 1993, the Golden Venture, a ship bearing human cargo of approximately 300 Chinese nationals, left the waters of Thailand bound for the distant shores of the United States. The petitioner ...

  • United States v. Lindholm
    24 F3d 1078
    Edward M. Robinson, Law Office of Edward M. Robinson, Redondo Beach, CA, for defendant-appellant. Steven J. Katzman, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee. Appeal from the Unit...

  • United States v. Allen
    24 F3d 1180
    The charges against Allen arose from his participation in a multistate marijuana importation and distribution scheme. Allen was implicated as the leader of the scheme, which involved several co-defen...

  • Fritz v. R Hannon
    27 F3d 569
    Michael H. Fritz filed this action against twelve agents of the Internal Revenue Service (IRS), alleging that they violated federal and state law when they seized his property to satisfy his federal t...

  • Federal Deposit Insurance Corporation v. E Bathgate Ii
    27 F3d 850
    Lawrence E. Bathgate, II, borrowed over $19 million from the First National Bank of Toms River, N.J. (the Bank) between 1986 and 1990. These loans were evidenced by the following seven promissory n...

  • United States v. Shannon
    21 F3d 77
    Timothy Crooks, Asst. Federal Public Defender, Ira Kirkendoll, Federal Public Defender, Ft. Worth, TX, for appellant. Joseph M. Revesz, Asst. U.S. Atty., Richard H. Stephens, U.S. Atty., Dallas, TX,...

  • Breaux Brothers Farms Inc v. Teche Sugar Co Inc Teche Planting Co Inc
    21 F3d 83
    Teche Sugar Company, Inc., offered to lease to Breaux Brothers Farms, Inc., Teche Planting, Inc., and Francis Accardo land for farming sugar cane. Teche Sugar conditioned its offer on its choice of a...

  • Southland Corp Southland Corp v. Kilgore and Kilgore
    19 F3d 1084
    Kilgore & Kilgore represented some of Southland's bondholders in a Texas state court action for breach of contract. Southland subsequently filed a voluntary Chapter 11 petition and removed the st...

  • Wl Harris v. United States
    19 F3d 1090
    Plaintiff W.L. Harris brought suit in federal district court seeking a declaratory judgment that the Farmers Home Administration ("FmHA") had unlawfully placed wetland easements on his land and that t...

  • United States v. Gordon
    19 F3d 1387
    Albert Kenneth Gordon appeals from a sentence imposed after he pleaded guilty to kidnapping and being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 1201(a) and 18 U.S.C. Secs. 922...

  • United States v. State Of Georgia
    19 F3d 1388
    Robert Dorman, Coleman Bass and Ron Jackson appeal the order of the United States District Court for the Northern District of Georgia denying their motion to intervene as a matter of right in this ong...

  • United States v. Castaneda Cantu
    20 F3d 1325
    On March 10, 1992, a grand jury returned a twenty-five (25) count indictment against appellants, Francisco Castaneda-Cantu ("Castaneda") and Jose Antonio Tiquet-Rivera ("Tiquet"), and thirteen (13) ot...

  • Birmingham Reverse Discrimination Employment Litigation Bennett v. Arrington
    20 F3d 1525
    In the latest chapter of this ongoing litigation we determine whether certain provisions of a 1981 consent decree mandating that the City of Birmingham (City) select employees for promotion based upon...

  • Conjugal Partnership Comprised By Joseph Jones and Verneta Jones v. Conjugal Partnership Comprised Of
    22 F3d 391
    This is a breach of contract action arising out of a dispute between two court reporters in the United States District Court for the District of Puerto Rico. The appeal involves two jury trials. In ...

  • Arno v. Club Med Inc
    22 F3d 1464
    Carolyn Arno alleges she was raped by her boss while employed as a gentile organisateure (G.O.) or hostess, at the Club Med resort in Guadeloupe, France. Based on this incident, she raises a variety ...

  • Lee v. Life Insurance Company Of North America
    23 F3d 14
    Three University of Rhode Island ("URI") students appeal from a district court order dismissing their federal antitrust, equal protection, and due process claims against URI, its Board of Governors, t...

  • Benko v. Grzejka
    23 F3d 399
    In these consolidated appeals, Michael C. Benko appeals from the district court's orders denying relief on his 42 U.S.C. Secs. 1983, 1985 (1988) complaint. In No. 93-2497 and No. 93-2542, Benko filed...

  • Funderburg v. Us Railroad Retirement Board
    23 F3d 400
    William S. Funderburg appeals from the Railroad Retirement Board's ("the Board") decision not to reopen an earlier denial of his claim. Absent extraordinary circumstances, a decision of the Board not...

  • Delaney v. Director Office Of Workers Compensation Programs
    23 F3d 400
    Evelyn Delaney seeks review of the Benefits Review Board's decision and order affirming the administrative law judge's denial of augmented black lung benefits pursuant to 30 U.S.C.Secs. 901-945 (1988)...

  • Prince v. M Haley
    23 F3d 402
    David Lee Prince appeals the district court's dismissal, pursuant to 28 U.S.C.A. Sec. 1915(d) (West 1966), of his complaint filed pursuant to 42 U.S.C. Sec. 1983 (1988). Prince filed suit against Rob...

  • Prince v. H Goodpasture Prince
    23 F3d 402
    David Lee Prince, Jr. appeals from the district court's orders denying relief on his two 42 U.S.C. Sec. 1983 (1988) complaints. Our review of the records and the district court's opinions discloses t...

  • Reaves v. Jj Oneill
    23 F3d 402
    Appellant J.J. O'Neill, a Columbia, South Carolina, police officer, appeals from the district court's denial of summary judgment on appellee Anthony H. Reaves' 42 U.S.C. Sec. 1983 and state law claims...

  • Riley v. Director Central Intelligence Agency
    23 F3d 402
    In case No. 93-1213, Jesse H. Riley, Jr., appeals the district court's order denying his Motion for a Temporary Restraining Order. We dismiss the appeal for lack of jurisdiction because the order is ...

  • United States v. Jackson
    23 F3d 403
    Timothy Jackson pled guilty to violating 21 U.S.C.A.Sec. 846 (West Supp.1993), conspiring to possess with the intent to distribute cocaine, conspiring to distribute cocaine, and conspiring to employ o...

  • United States v. Bridges
    23 F3d 403
    Tony Bridges pled guilty to aiding and abetting the distribution of crack cocaine within 1000 feet of a school, in violation of 21 U.S.C. Sec. 841(a)(1) (1988), 21 U.S.C.A. Sec. 860 (West Supp.1993). ...

  • Tucker v. Grimes
    23 F3d 403
    Cornelius Tucker appeals from the district court's order denying his motion for leave to file a 42 U.S.C. Sec. 1983 (1988) complaint. Under the terms of a pre-filing order, Tucker was required to see...

  • United States v. Jackson
    23 F3d 404
    Donald Jackson appeals from his convictions for being an accomplice after the fact to bank robbery in violation of 18 U.S.C.A. Sec. 3 (West Supp.1993) and possession of stolen money in violation of 18...

  • Bey v. Jb Bogan
    23 F3d 406
    Before: GUY and NELSON, Circuit Judges, and QUIST, District Judge. Sheikh Mohammed Bey, The Moor (hereinafter referred to as Bey), appeals a district court order denying his petition for a writ of ...

  • Kinnard v. United States
    23 F3d 407
    This is an appeal from an order dismissing a motion to vacate filed under 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. U...

  • Peeples v. Abramajtys
    23 F3d 407
    This pro se Michigan prisoner appeals a district court judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. Sec. 2254. The cases have been referred to a panel of the cou...

  • Hudson v. Baer J
    23 F3d 407
    Mary K. Hudson appeals a dismissal without prejudice of her complaint filed pursuant to the authority in Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 390-97 (1971). ...

  • Smith v. Wilkerson
    23 F3d 408
    Before: KENNEDY and BOGGS, Circuit Judges, and HILLMAN, Senior District Judge. Alex Smith, a pro se Ohio prisoner, appeals a district court judgment dismissing his civil rights complaint filed purs...

  • United States v. A Covey
    23 F3d 411
    N.D.Ind. AFFIRMED. John A. Covey pleaded guilty to one count of conspiracy to distribute and possess with the intent to distribute marijuana in violation of 21 U.S.C. Sec. 846. The district court...

  • Wilson v. United States Government
    23 F3d 559
    More than two years after suffering an injury at sea, plaintiff-appellant Robert Wilson attempted to amend his complaint against a private party to include the United States as defendant. The amended...

  • United States v. Urena
    23 F3d 707
    Francisco Baraga appeals from his sentence of 70 months' imprisonment, 8 years' supervised release and a $50 special assessment imposed following his plea of guilty to conspiracy to distribute cocaine...

  • Marine Co Inc v. American Foreign Shipping Co Inc W
    23 F3d 709
    This is an action alleging libel brought against an agent of the United States Government, and an employee of the agent. The District Court for the Eastern District of New York, Sterling Johnson, Jr....

  • Rosenfeld River Place East Housing Corporation v. Rosenfeld
    23 F3d 833
    The issue presented is whether a discharge in bankruptcy relieves a debtor from personal liability for post-petition assessments of cooperative housing dues. The bankruptcy court held that post-petit...

  • United States v. Maness
    23 F3d 1006
    Claiming that the district court improperly considered prior North Carolina burglary convictions as violent felonies for the purpose of enhancing his sentence pursuant to the Armed Career Criminal Act...

  • United States v. Tinson
    23 F3d 1010
    Defendant Paul Tinson appeals his conviction for possession with intent to distribute cocaine base, arguing that his Speedy Trial Act rights were violated, that his Sixth Amendment right to a speedy t...

  • Robinson v. Ppg Industries Inc
    23 F3d 1159
    After his discharge from PPG Industries, Inc. ("PPG"), Ronald Robinson brought suit under the Age Discrimination in Employment Act, 29 U.S.C. Sec. 626(c) ("ADEA"), alleging that he was discharged bas...

  • Pullman Construction Industries Inc v. United States
    23 F3d 1166
    In May 1987 Pullman Construction Industries commenced a reorganization in bankruptcy. The United States filed claims in the reorganization, seeking to recover taxes due for 1987 (and other years, whi...

  • United States v. Ward
    23 F3d 1303
    Paul Anthony Ward appeals from 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 police unconstitutionally seized and searched ...

  • United States v. W Brewer A
    23 F3d 1317
    Paul Brewer appeals from the district court's imposition of a thirteen-month consecutive sentence pursuant to Sec. 5G1.3 of the Sentencing Guidelines. Brewer, who pleaded guilty to the false and frau...

  • Kelly v. Bender R Ia
    23 F3d 1328
    Michael Kelly brought this action under 42 U.S.C. Sec. 1983 against Des Moines, Iowa, police officers Kurtis Bender and Michael Moody. Kelly alleged that defendants arrested him without probable caus...

  • State Of Nebraska v. Rural Electrification Administration
    23 F3d 1336
    The State of Nebraska petitioned the district court to limit the participation of the Platte River Whooping Crane Maintenance Trust in various environmental litigation. The district court denied the ...

  • Pettyjohn v. E Shalala
    23 F3d 1572
    This appeal arises from the district court's denial of plaintiff's application for fees under the Equal Access to Justice Act (EAJA) as untimely 801 F.Supp. 503. Plaintiff applied for social securit...

  • McGinnis McGinnis
    24 F3d 247
    MEMORANDUM Michael Mastro and Lew McGinnis (bankruptcy debtor), hereinafter "Lew", appeal the Bankruptcy Appellate Panel's (BAP) order reversing the bankruptcy court's summary judgment for Mastro and...

  • Beltran v. United States Ward
    24 F3d 244
    Before: REINHARDT and LEAVY, Circuit Judges, and McLAUGHLIN, District Judge. MEMORANDUM Plaintiffs Ward and Beltran appeal the grant of summary judgment in favor of the United States. On appeal, ...

  • Acuna v. Rowland
    24 F3d 244
    MEMORANDUM Arcadio S. Acuna, a California state prisoner, appeals pro se the district court's order granting summary judgment for defendant prison officials in Acuna's 42 U.S.C. Sec. 1983 action. Ac...

  • Fausset v. Ignacio
    24 F3d 245
    Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges MEMORANDUM Nevada state prisoner Billy Worth Fausset appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition....

  • Devaughn v. United States
    24 F3d 245
    MEMORANDUM Federal prisoner Michael DeVaughn appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate his conviction. DeVaughn contends that his counsel was ineffective...

  • Conley v. Van Sickle
    24 F3d 245
    MEMORANDUM Tim E. Conley appeals pro se the district court's orders (1) dismissing Conley's complaint without prejudice for failure to comply with a court order, and (2) denying Conley's motion for r...

  • Fontana Water Co v. City Of Fontana A L
    24 F3d 246
    MEMORANDUM Fontana Water Company appeals from the district court's partial summary judgment and abstention rulings in favor of the defendant, the City of Fontana. The Water Company argues that (1) t...

  • Freelove v. United States
    24 F3d 246
    MEMORANDUM Federal prisoner Norman Ray Freelove ("Freelove") appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence for his convict...

  • Housley v. Drug Enforcement Agency
    24 F3d 246
    Before: GOODWIN, NORRIS, and O'SCANNLAIN, Circuit Judges MEMORANDUM Housley requested information from the Drug Enforcement Agency ("DEA") under the Freedom of Information Act ("FOIA"), 5 U.S.C. Se...

  • Guerrero v. United States Parole Commission
    24 F3d 246
    Before: KOZINSKI and TROTT, Circuit Judges, and WILLIAMS, District Judge. MEMORANDUM Guerrero appeals the U.S. Parole Commission's release date determination under 18 U.S.C. Sec. 4106A(b)(2). A....

  • King v. E Shalala
    24 F3d 247
    MEMORANDUM Richard Earl King appeals pro se the district court's summary judgment in favor of the Secretary of Health and Human Services. He contends that the Secretary improperly offset his Title I...

  • Kim v. Immigration and Naturalization Service
    24 F3d 247
    MEMORANDUM Petitioner Ki Tae Kim asks this court to review a final order of deportation issued by the Board of Immigration Appeals ("BIA"). We deny the petition. * Kim, a citizen of Korea, entered...

  • Pierce v. A Vernon
    24 F3d 248
    MEMORANDUM Michael P. Pierce, an Idaho state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous under 28 U.S.C. 1915(d). We have jurisdiction unde...

  • Smith v. F Maass
    24 F3d 249
    MEMORANDUM William M. Smith, an Oregon state prisoner, appeals pro se the district court's grant of summary judgment in favor of prison officials in his 42 U.S.C. Sec. 1983 action. Smith alleged vio...

  • United States v. D Helm
    24 F3d 250
    MEMORANDUM In these companion cases, William D. Helm appeals his convictions following jury trial for disposal of household waste on public land and creating a public disturbance or risk in violation...

  • United States v. Gomez Gomez
    24 F3d 250
    MEMORANDUM Defendant Louis Gomez-Gomez ("Gomez") challenges his conviction for knowing and intentional possession of at least five kilograms of cocaine, with the intent to distribute. He appeals the...

  • United States v. Shields
    24 F3d 251
    MEMORANDUM Leon Shields appeals his conviction and sentence for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(c)(1). We affirm. On January 22, 1992, a federal grand j...

  • United States v. Miranda Flores
    24 F3d 251
    MEMORANDUM Martin Miranda-Flores appeals his convictions following jury trial for importing and possession with intent to distribute cocaine in violation of 21 U.S.C. Secs. 952(a), 841(a)(1). Mirand...

  • United States v. Real Property Located At S Palo Verde
    24 F3d 251
    Claimants Morrisons appeal from summary judgment in favor of the government and an order denying a motion for an extension of time and granting the government's motion to enforce the settlement agreem...

  • United States v. J Keister
    24 F3d 251
    MEMORANDUM Gary Keister appeals his jury convictions for conspiracy to commit bank fraud in violation of 18 U.S.C. Sec. 371, thirty-five counts of bank fraud in violation of 18 U.S.C. Sec. 1344, four...

  • United States v. Soto
    24 F3d 252
    MEMORANDUM Andres Soto appeals the restitution order imposed as part of his 113-month sentence following pleas of guilty to bank robbery, in violation of 18 U.S.C. Sec. 2113(a), and armed bank robber...

  • United States v. Post
    25 F3d 599
    David Scott Post appeals the 65-month sentence imposed by the district court after he pleaded guilty to mail fraud charges under 18 U.S.C. Secs. 2 and 1341. Both parties argue the court erred in impo...

  • United States v. R Cruce A
    21 F3d 70
    Cruce and Burger face a criminal prosecution, which they seek to bar on grounds of double jeopardy. They have been previously convicted and sentenced in Kansas for a bank-fraud conspiracy involving a...

  • Bates v. Whitley P
    19 F3d 1066
    Norman Bates, proceeding pro se and in forma pauperis, appeals the district court's denial of his petition for habeas corpus relief. We vacate the judgment of the district court and remand for furthe...

  • Austin Development Company Eastover Bank For Savings v. Sowashee Venture
    19 F3d 1077
    The debtor was a lessee under a ground lease and sublessor of a movie theater it built; it assigned its interest in the ground lease and the theater's income stream to a bank as security for various ...

  • No 93 5555
    22 F3d 540
    This case raises an interesting question of liability which has its origin in the coordinated efforts of the Government and manufacturers of optical medical devices to advance the cause of medical tre...

  • In The Matter Of Pamela A West
    22 F3d 775
    155 B.R. at 799. As explained above, we see no tension between Maryland Casualty and Greenberg, and accordingly cannot find the Spicer court's reasoning persuasive. Mr. Oltman also contends that B...

  • United States v. Ferguson L
    23 F3d 135
    Dwight Ferguson, Dexter Thompson, and Robert L. Shackelford were convicted by a jury of conspiring to distribute and distributing cocaine and cocaine base. Raising numerous grounds, they appeal their...

  • United States v. H Chasenah
    23 F3d 337
    Following a plea of guilty to sexual contact with a minor under the age of twelve, defendant appeals his sentence claiming it was improperly enhanced. The district court found the victim was in defen...

  • Smith v. Colorado Department Of Corrections W
    23 F3d 339
    Mr. Smith, appearing pro se and in forma pauperis, appeals the district court's dismissal of his complaint for class action declaratory and injunctive relief. The district court adopted the magistrat...

  • Christian v. United States
    23 F3d 400
    Appellant appeals from the district court's order dismissing, pursuant to 26 U.S.C. Sec. 6226(b)(4)(1988), his petition challenging the Commissioner's Final Partnership Administrative Adjustments and ...

  • Traylor v. Davis
    23 F3d 408
    Before: GUY and NELSON, Circuit Judges, and QUIST, District Judge. Christopher Traylor, a pro se prisoner currently confined at the Ionia Maximum Correctional Facility (IMCF), appeals a district co...

  • Graham v. Schomaker
    23 F3d 410
    N.D.Ind. AFFIRMED. Gene Graham appeals from the denial of his motion for a preliminary injunction. We AFFIRM for the reasons stated in the attached district court order of April 5, 1993. UNITED...

  • Oneill v. City Of Auburn
    23 F3d 685
    This is an appeal from a grant of summary judgment dismissing an action brought under 42 U.S.C. Sec. 1983 by a terminated public official of Auburn, New York, alleging that his termination deprived hi...

  • Cornwell v. F Robinson E
    23 F3d 694
    Defendants Warren Albrecht, Susan Yeres, Joseph Maffia, Frederick Felton, Frederick Brewington, and Al Fields (collectively the "individual appellants"), and New York State Division for Youth ("DFY") ...

  • Norwest Transportation Inc v. Horns Poultry Inc
    23 F3d 1151
    The Interstate Commerce Commission (Commission) approved a motor carrier's request to change its name, and directed the carrier to amend its tariffs to show its new name. The carrier failed to do so....

  • Carney v. General Motors Corporation
    23 F3d 1154
    Eric A. Frey, Mark D. Hassler, Lynn A. Francis (argued), Frey, Hunt, Hassler & Lorenz, Terre Haute, IN, for plaintiffs-appellants. Richard C. Godfrey, Kirkland & Ellis, Chicago, IL (argued),...

  • Cadelli v. Fort Smith School District
    23 F3d 1295
    Dino Cadelli appeals from a final judgment entered in the United States District Court for the Western District of Arkansas, upon a bench trial, finding that his employer, Fort Smith School District (...

  • United States v. Rodriguez Sanchez
    23 F3d 1488
    The sentencing court, Rhoades, J. presiding, sentenced Mr. Rodriguez-Sanchez under 21 U.S.C. Sec. 841(b)(1)(A) which mandates a minimum ten year sentence for "violation[s] of subsection (a) of this se...

  • United States v. Betancur
    24 F3d 73
    Bruce C. Lubeck (Richard D. Parry, U.S. Atty., D. Utah, with him on the brief), Asst. U.S. Atty., D. Utah, for plaintiff-appellee. Deirdre A. Gorman, of Farr, Kaufman, Sullivan, Gorman, Jensen, Meds...

  • Perfumania Inc v. Perfumay Inc
    24 F3d 248
    MEMORANDUM Perfumania Inc. appeals the district court's denial of its motion for a preliminary injunction in its service mark infringement action against Perfumay, Inc., Perfumay Arizona Corp., and J...

  • Sperling v. Hoffmann La Roche Inc
    24 F3d 463
    By leave granted pursuant to 28 U.S.C.A. Sec. 1292(b) (West 1993), Hoffmann-La Roche, Inc. ("Hoffmann-La Roche") appeals an interlocutory order of the United States District Court for the District of...

  • Itt Corporation v. United States
    24 F3d 1384
    ITT Corporation appeals the January 19, 1993 judgment of the United States Court of International Trade affirming the refusal by the U.S. Customs Service to reliquidate imported cast-iron automobile p...

  • Colortex Industries Inc Varsity Carpet Services Inc v. D Richardson
    19 F3d 1371
    This appeal presents two issues--an issue of first impression with respect to the appropriate priority in bankruptcy for interest on trade debts accruing during a Chapter 11 reorganization; and also ...

  • United States v. Jernigan
    20 F3d 621
    Ricky Martin Jernigan appeals his jury conviction of conspiracy to possess marihuana with intent to distribute, 21 U.S.C. Secs. 841(a)(1) & 841(b)(1)(B)(vii). We affirm. Jernigan was arrested i...

  • Ward v. Brown
    22 F3d 516
    Plaintiff, a male registered nurse employed at a Veterans Administration Medical Center in upstate New York was found, after an administrative hearing, on a single occasion to have verbally abused a p...

  • United States v. Johnson
    22 F3d 674
    Defendant Lee Erwin Johnson, who entered a conditional plea of guilty to one count of a felon unlawfully in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1), appeals the District Court...

  • Joint v. M
    22 F3d 755
    Attorney James Walker was held in contempt in consolidated bankruptcy proceedings in the United States District Courts for the Southern and Eastern Districts of New York. He was ordered to pay a mone...

  • Stoia v. United States
    22 F3d 766
    Samuel Stoia was charged in four counts of a multi-count, multi-defendant indictment with various drug offenses relating to his participation in a conspiracy to import and distribute marijuana. The j...

  • Seko Air Freight Inc v. Transworld Systems Inc
    22 F3d 773
    Here is the termination clause in the contract: It is understood and agreed that this Assignment Agreement may be terminated within five (5) working days following receipt of a written notice by eith...

  • United States v. Greene
    22 F3d 838
    Howard George Greene appeals from his conviction of conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. Sec. 846 (1988). On appeal, the only issue Greene raises is tha...

  • Selsor v. W Kaiser
    22 F3d 1029
    Petitioner Michael B. Selsor appeals the district court's denial of his petition for writ of habeas corpus, 28 U.S.C. Sec. 2254. We have jurisdiction under 28 U.S.C. Sec. 1291. In January 1976, in ...

  • Resolution Trust Corporation v. North Bridge Associates Inc
    22 F3d 1198
    In one corner, the plaintiff, a government agency, having won by a knockout in the court below, asserts that this is a case about defendants who demand their own timetable for pretrial discovery and m...

  • United States v. R Mullins
    22 F3d 1365
    Defendant Mullins was convicted on one count of conspiracy to obstruct justice in violation of 18 U.S.C. Secs. 371, 1503, and 1512, two counts of tampering with witnesses in violation of 18 U.S.C. Sec...

  • United States v. Chapdelaine
    23 F3d 11
    George Chapdelaine is appealing the district court's order applying $22,300.46, which was seized from his room during a search in 1991, toward Chapdelaine's outstanding criminal fine. We affirm. In...

  • United States v. K Kaye
    23 F3d 50
    This appeal challenging an upward departure in imposing a sentence illustrates the often overlooked possibility of a departure, either upward or downward, based on an aggravating or mitigating circums...

  • Kay R Electric Corporation v. Stone and Webster Construction Co Inc
    23 F3d 55
    Kay-R Electric Corporation ("Kay-R"), an electrical subcontractor, brought this suit under the Miller Act, 40 U.S.C. Secs. 270a-270d (1988), against Stone & Webster Construction Co. ("Stone &...

  • Truck A Tune Inc v. C Re B
    23 F3d 60
    This appeal in an interpleader action concerns one automobile of sufficient value to have generated litigation in three different courts. The car is a 1936 Mercedes Benz estimated to be worth more th...

  • United States v. Sterner
    23 F3d 250
    Nicholas Sterner appeals his conviction and sentence for conspiracy to sell and for delivery of stolen treasury checks in violation of 18 U.S.C. Secs. 371 and 510. Because the entrapment instructions...

  • Intex Plastics Sales Company v. United National Insurance Company Intex Plastics Sales Company
    23 F3d 254
    United National Insurance Company, New England Reinsurance Company, and First State Insurance Company appeal the grant of summary judgment in favor of Intex Plastics Sales Company. The district court...

  • United States Pw v. Alaska Public Utilities Commission
    23 F3d 257
    The Alaska Public Utilities Commission (APUC) and the State of Alaska appeal from the district court's summary judgment in favor of the United States Department of Defense (DOD) in the DOD's action ch...

  • Wiener v. County Of San Diego
    23 F3d 263
    Steven Wiener, d/b/a Fantasyland Adult Books, appeals the district court's dismissal of his 42 U.S.C. Sec. 1983 action challenging a San Diego County zoning ordinance (Ordinance No. 8015) that regulat...

  • United States v. Pacheco Osuna
    23 F3d 269
    Alejandro Pacheco-Osuna pled guilty to being a deported alien found in the United States. See 8 U.S.C. Sec. 1326(a). At sentencing, the district court departed downward because, as it said, when Pac...

  • Interwest Business Equipment Inc Interwest Business Equipment Inc v. United States Trustee
    23 F3d 311
    In these appeals from three related Chapter 11 cases, we are asked to second-guess the bankruptcy court's decision to deny approval of employment of each debtor in possession's choice of attorney on t...

  • United States v. Girolamo
    23 F3d 320
    Richard Paul Girolamo appeals from the judgment and sentence entered pursuant to his conditional plea of guilty to the charge of possession with intent to distribute less than fifty (50) kilograms of ...

  • Aero Medical Inc v. United States
    23 F3d 328
    On January 10, 1992, a 1966 Beechcraft Bonanza airplane was seized by the Drug Enforcement Administration of the United States Department of Justice (DEA) in conjunction with the arrest the same day, ...

  • Swazo v. Wyoming Department Of Corrections State Penitentiary Warden
    23 F3d 332
    Proceeding pro se, petitioner-appellant David Swazo appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. We have jurisdiction under 28 U.S....

  • Batiste v. City Of Et Al
    23 F3d 394
    Jimmy Batiste appeals pro se from a district court order dismissing his complaint on the ground that it was barred by the applicable statute of limitations. For the reasons that follow, we affirm. ...

  • United States v. Kyle
    23 F3d 404
    William Eugene Kyle appeals his conviction for conspiracy to distribute cocaine base in violation of 21 U.S.C. Sec. 846 (1988). Kyle claims that there was a material variance between the evidence pre...

  • Barber v. Runyon
    23 F3d 406
    Louella W. Barber appeals a district court order denying her Motion to Set Aside Judgment. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon ...

  • Adkins v. Double O Coal Company
    23 F3d 406
    Rebie Adkins, pro se, petitions for review of a Benefits Review Board's decision denying survivor's benefits under the Black Lung Benefits Act. 30 U.S.C. Secs. 901 et seq. The claimant filed for be...

  • Banks v. United States
    23 F3d 406
    Before: GUY and NELSON, Circuit Judges, and QUIST, District Judge. Ronnie Banks, a pro se federal prisoner, appeals a district court order denying his motion to vacate his sentence filed pursuant t...

  • Brown v. Moore
    23 F3d 406
    This pro se Kentucky prisoner, Richard T. Brown, appeals a district court order granting summary judgment in favor of defendants and dismissing his civil rights suit filed pursuant to 42 U.S.C. Sec. 1...

  • Cardine v. Tucker
    23 F3d 406
    Stanley Mose Cardine, a pro se Kentucky prisoiner, appeals a district court order granting the defendants' motion for summary judgment in this civil rights action filed pursuant to 42 U.S.C. Sec. 1983...

  • Goggans v. E Smith
    23 F3d 406
    Parents of high school age students in Tennessee appeal from an order dismissing their civil rights action seeking to have declared unconstitutional the Tennessee statute requiring parents to have at ...

  • Meehan v. Pardue
    23 F3d 407
    Michael Meehan, a pro se Tennessee prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel of th...

  • Harris v. W Reynolds
    23 F3d 407
    This is an appeal from a district court's order granting summary judgment for all defendants in this prisoner civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a pane...

  • Shaffer v. United States
    23 F3d 408
    Before: KENNEDY and BOGGS, Circuit Judges, and HILLMAN, Senior District Judge. This is an appeal from an order denying a motion to vacate sentence filed under 28 U.S.C. Sec. 2255. The case has bee...

  • Sutherland v. Overton
    23 F3d 408
    William P. Sutherland, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a panel...

  • United States v. E Dorsey
    23 F3d 408
    Willie E. Dorsey, Sr., a federal prisoner, appeals his conviction and sentence, as amended, imposed following his guilty plea to one count of distributing in excess of 50 grams of cocaine base in viol...

  • Thompkins v. Firestone Steel Products Co Uaw 2036
    23 F3d 408
    Before: KENNEDY and BOGGS, Circuit Judges, and HILLMAN, Senior District Judge. John Wesley Thompkins, a pro se Kentucky plaintiff, appeals a district court order dismissing his employment discrimin...

  • Rhode v. Grayson
    23 F3d 408
    Theodore Rhode appeals a district court judgment denying his petition for a writ of habeas corpus filed under 28 U.S.C. Sec. 2254. The case has been referred to a panel of the court pursuant to Rule ...

  • Taylor v. State Of Tennessee
    23 F3d 408
    Before: KENNEDY and BOGGS, Circuit Judges, and HILLMAN, Senior District Judge. William Taylor appeals the dismissal of his civil rights complaint filed under 42 U.S.C. Sec. 1983. The case has been...

  • United States v. Flores
    23 F3d 408
    In light of this misunderstanding our review of the record has identified several issues that could have been raised for the purposes of the Anders brief, including one issue with considerable merit: ...

  • United States v. Gabbard
    23 F3d 408
    Defendant Roy Dee Gabbard appeals the sentence imposed by the district court following his guilty plea conviction to one count of being a felon in possession of a firearm which had travelled in inters...

  • White v. Briscoe
    23 F3d 409
    James White, a pro se Kentucky prisoner, appeals a district court judgment dismissing his civil rights action filed pursuant to 42 U.S.C. Sec. 1983 and miscellaneous state law authority. The case has...

  • Mullins v. Pfizer Inc
    23 F3d 663
    Plaintiff James F. Mullins appeals from a judgment entered in July 1993 in the United States District Court for the District of Connecticut, Alan H. Nevas, J., in favor of Mullins's employer, defendan...

  • United States v. Piervinanzi M
    23 F3d 670
    Michael Piervinanzi and Daniel Tichio appeal from judgments of conviction entered July 31, 1992 in the United States District Court for the Southern District of New York, Peter K. Leisure, Judge, afte...

  • Reynolds v. C Ellingsworth M Iii
    23 F3d 756
    This appeal requires us to consider the situation of a criminal defendant whose lawyers make a tactical decision not to raise federal due process objections in the defendant's state trial or on state ...

  • Pansy v. Borough Of Stroudsburg
    23 F3d 772
    This appeal raises several questions of first impression in this court concerning the ability of intervenors to challenge orders of confidentiality pertaining to settlement agreements. These question...

  • United States v. Montgomery
    23 F3d 1130
    This case involves the unfortunate combination of a home for convicted child molesters and homeless veterans, a night out with the boys at a local tavern, a feeble attempt at a cross-burning, and the ...

  • Smith v. Wisconsin Department Of Agriculture Trade and Consumer Protection C T D J C A Z
    23 F3d 1134
    Though it is reported that California has recently surpassed Wisconsin as the nation's largest producer of milk and milk products, see Scott Pendleton, Dairy Industry Moves Southwest Seeking Warmer, D...

  • National Labor Relations Board v. Odaniel Trucking Company
    23 F3d 1144
    O'Daniel Trucking Company ("O'Daniel") operates a construction and material supply business, headquartered in Carmi, Illinois. In addition to its Carmi facility, the company owns a yard operation in ...

  • Boers v. United States Us
    24 F3d 244
    MEMORANDUM Plaintiffs, Howard and Donna Boers and Michael and Dana Boers applied for and received an FmHA loan in order to purchase some property in Maricopa County in 1980 for a farm and dairy ranch...

  • Brook View Apartments Brook View Apartments v. Republic Federal Savings and Loan Association
    24 F3d 245
    MEMORANDUM Brook View Apartments ("Brook View") is a California limited partnership whose principal asset was a 156-unit apartment complex in Mesa, Arizona. Republic Federal Savings and Loan Associa...

  • Coleman v. United States
    24 F3d 245
    MEMORANDUM Appellant, Bobby Coleman, an investigator for the Immigration and Naturalization Service ("INS") appeals the district court's judgment following a bench trial, in favor of the INS in his e...

  • Forsha v. Solder Removal Company
    24 F3d 246
    MEMORANDUM Plaintiff/Appellant Alan Forsha ("Forsha") appeals from the orders of the district court deeming certain matters to be without substantial controversy and denying him leave to file an amen...

  • Hammer v. Gross
    24 F3d 246
    MEMORANDUM Timothy Hammer appeals the district court's amended order awarding attorney's fees of $23,000 pursuant to 42 U.S.C. Sec. 1988. We vacated the district court's original order awarding atto...

  • Milligen v. Postmaster General
    24 F3d 247
    MEMORANDUM Frank D. Milligen appeals the district court's summary judgment in favor of the defendant, the Postmaster General, in Milligen's action under Title VII of the Civil Rights Act of 1964, 42 ...

  • Metcalf v. County Of Sutter
    24 F3d 247
    MEMORANDUM Bonnie Metcalf, her son Robert Mitchell, and Michael Mays appeal the district court's summary judgment in favor of Sutter County deputy sheriffs, a Sutter County deputy district attorney, ...

  • Ranger Publishing Company Inc v. United States Pw Ah
    24 F3d 248
    MEMORANDUM The United States appeals the district court's award of attorney's fees to Ranger Publishing Company ("Ranger") under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. Sec. 2412. In thr...

  • San Diego Realty Exchange Inc Taxel v. Surnow
    24 F3d 249
    MEMORANDUM Jack Surnow appeals a summary judgment in favor of Harold Taxel, trustee for chapter 7 debtor San Diego Realty Exchange, Inc. Senior District Judge Burns, sitting by designation on the ba...

  • Jackson Shopping Village v. Ackerman Berlin Architects
    25 F3d 1057
    Before BALDOCK and McKAY, Circuit Judges, and BROWN, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially as...

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