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  • Macklin v. K Singletary
    24 F3d 1307
    Eric Macklin, a prisoner of the state of Florida, appeals from the district court's order denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. We hold that a court of app...

  • United States v. Stanley
    24 F3d 1314
    Defendants-appellants Charles Reynaldo Cameron and Tiffany Sherrell Stanley were convicted along with Ronald Calvin Powers of conspiracy to possess with intent to distribute and with possession with i...

  • Educators Group Health Trust Schertz Cibolo Universal City Independent School District v. W Wright
    25 F3d 1281
    Schertz-Cibolo-Universal City Independent School District, Devine Independent School District, Charlotte Independent School District, Rosebud-Lott Independent School District, Ben Bolt-Palito Blanco I...

  • Park v. Commissioner Of Internal Revenue
    25 F3d 1289
    Alice P. Jones appeals the decision of the United States Tax Court denying her innocent spouse relief under 26 U.S.C. Sec. 6013(e) and Sec. 6004 of the Technical and Miscellaneous Revenue Act of 1988....

  • Akasike v. Fitzpatrick Fci
    26 F3d 510
    Gabriel Akasike appeals the denial of his request for a preliminary injunction to stay his deportation. Finding no error, we affirm. Akasike filed a civil rights complaint under 42 U.S.C. Sec. 1983...

  • McLenagan v. C Karnes
    27 F3d 1002
    In the early morning hours of May 10, 1992, the Richmond Police Department was conducting a sobriety checkpoint at a toll plaza on the Richmond Downtown Expressway. Drivers who failed a field sobriet...

  • Gonzalez v. Banco Central Corp
    27 F3d 751
    This appeal raises tantalizing questions concerning the application of the doctrine of res judicata to nonparties. Because we conclude that appellants cannot lawfully be precluded from bringing their...

  • United States v. Kim
    27 F3d 947
    Yong Hyon Kim ("Kim") appeals from the judgment of conviction and sentence entered on July 19, 1993 by the United States District Court for the Eastern District of Pennsylvania. Kim was convicted in ...

  • Mallory v. K Smith S Iii
    27 F3d 991
    It has long been clear that federal constitutional claims must be fairly presented to state courts before a federal habeas court may consider them. Here, petitioner contends that references in his Vi...

  • United States v. Cole
    27 F3d 996
    William Jay Cole appeals the 63-month sentence he received on a conviction for possession of crack cocaine with intent to deliver. We find error in the manner in which the sentencing hearing was cond...

  • United States v. Barker
    27 F3d 1287
    On October 22, 1992, a grand jury returned an indictment charging Jerome Barker with possession of a firearm by a felon, in violation of 18 U.S.C. Sec. 922(g)(1). Prior to trial the defendant filed a...

  • United States v. Pedraza
    27 F3d 1515
    Defendants Alphonso Pedraza ("Alphonso"), Enrique Pedraza ("Enrique"), and Peter Brent Irelan were convicted by a jury of one count of conspiracy to possess with intent to distribute more than five ki...

  • Jones v. McDade
    28 F3d 1209
    Jimmy Lee Jones, a North Carolina inmate serving a life sentence for the murder of his wife, appeals from a district court order that dismissed his 28 U.S.C. Sec. 2254 (1988) petition without prejudic...

  • United States v. Kirkland
    28 F3d 49
    Defendant Kirkland appeals the district court's sentence of seventy (70) months for his plea of guilty to one count of being a felon in possession of a firearm. 18 U.S.C. Sec. 922(g)(1). Specificall...

  • Grand Island Express v. Timpte Industries Inc
    28 F3d 73
    Grand Island Express ("Grand Island") appeals from the district court's grant of summary judgment in favor of Timpte Industries, Inc. ("Timpte") on the grounds that Grand Island's action was barred b...

  • United States v. G Telman
    28 F3d 94
    Defendant Douglas G. Telman, who pleaded guilty to possession with intent to distribute Lysergic Acid Diethylamide (LSD), 21 U.S.C. Sec. 841(a), appeals his sentence. We have jurisdiction pursuant to...

  • First Interstate Bank Of Denver Ids High Yield Tax Exempt Fund Inc v. Dblkm Inc and Pring
    28 F3d 112
    Before LOGAN and TACHA, Circuit Judges, and BRIMMER, District Judge. This case is before us on remand from the United States Supreme Court after its decision reported as Central Bank of Denver, N.A...

  • United States v. E Dietz
    28 F3d 113
    Before SEYMOUR and ANDERSON, Circuit Judges, and DAUGHERTY, District Judge. ORDER AND JUDGMENT DAUGHERTY, Senior District Judge. This case arose out of an investigation conducted by the United St...

  • Lupo v. Human Affairs International Inc
    28 F3d 269
    Plaintiff-appellant Michael A. Lupo appeals from a judgment entered July 9, 1993 in the United States District Court for the District of Connecticut, T.F. Gilroy Daly, Judge, that dismissed Lupo's com...

  • Elcock v. J Henderson
    28 F3d 276
    In February of 1989 Elcock filed a petition for a writ of habeas corpus in the district court, raising all the claims that he had raised on direct appeal except the challenge to his sentence. On May ...

  • Walker v. Forbes Incorporated
    28 F3d 409
    Wesley M. Walker, Jr. (Walker) brought this action against Forbes, Inc. (Forbes), publisher of Forbes magazine, alleging that Forbes infringed his copyright in a photograph by reproducing it in Forb...

  • United States v. Bencs
    28 F3d 555
    Linda M. Betzer, Asst. U.S. Atty., Stephen G. Sozio, Asst. U.S. Atty. (argued and briefed), Cleveland, OH, for plaintiff-appellee. Harvey H. Starkoff, Richard A.F. Mendelsohn (argued and briefed), ...

  • Partee v. Buch
    28 F3d 636
    Appellant, Ellis Partee, filed a civil rights action under 42 U.S.C. Sec. 1983 against the appellee, James Buch, the assistant prison warden at the Menard Correctional Center of the Illinois Departmen...

  • Cagan v. Mutual Benefit Life Insurance Company
    28 F3d 654
    Earl Dean Gordon and Kenneth Boula are in federal prison for fraud. United States v. Boula, 932 F.2d 651 (7th Cir.1991); United States v. Boula, 997 F.2d 263 (7th Cir.1993). Their endeavors continu...

  • United States v. J Sarna
    28 F3d 657
    In October 1989, James Sarna pleaded guilty to counterfeiting obligations of the United States in violation of 18 U.S.C. Secs. 2 and 471. Sarna was released on bail on the condition that he appear in...

  • United States v. B Marvin
    28 F3d 663
    Defendant Marvin appeals his sentence for wire fraud. 18 U.S.C. Sec. 1343. Specifically, Marvin contends the district court erred in refusing him a two-point offense level reduction pursuant to Unit...

  • Finley v. Empiregas Inc Of Potosi
    28 F3d 782
    The district court, following the dictates of Mo.Rev.Stat. Sec. 537.675, awarded the State of Missouri a portion of the punitive damages Sherri Finley won on her Missouri Human Rights Act claim agains...

  • United States v. Turner
    28 F3d 981
    Defendant Edward Larry Turner ("Turner") appeals his jury convictions for (1) postal robbery in violation of 18 U.S.C. Sec. 2114; (2) five counts of altering money orders in violation of Sec. 500; ...

  • Simons v. Southwest Petro Chem Inc A Division Of Witco Chemical Corporation
    28 F3d 1029
    June Simons, who is black, sued her former employer, Southwest Petro-Chem, Inc. (Petro-Chem), alleging that Petro-Chem discriminated against her on the basis of race by refusing her requests for ligh...

  • United States v. Melendez Garcia
    28 F3d 1046
    Defendant/Appellant Manuel Melendez-Garcia, appeals from a conditional guilty plea to charges of conspiracy, in violation of 21 U.S.C. Sec. 846, aiding and abetting, in violation of 18 U.S.C. Sec. 2, ...

  • Joseph Wolfe
    28 F3d 1056
    These cases require us to determine whether the district court properly awarded attorneys' fees to plaintiffs for their efforts in monitoring a consent decree. Because we are unable to determine from...

  • Airparts Company Inc v. Custom Benefit Services Of Austin Inc
    28 F3d 1062
    Plaintiffs, residents of Kansas and co-trustees of an ERISA plan, filed a complaint in federal district court against First Actuarial Corporation (FAC), a Texas corporation, alleging negligence, impli...

  • Jones v. Cowley
    28 F3d 1067
    Petitioner Cecil C. Jones appeals from an order of the district court adopting the findings and recommendation of the magistrate judge and denying his petition for a writ of habeas corpus. In his pro...

  • Allied Signal Aerospace Company v. United States
    28 F3d 1188
    Allied-Signal Aerospace Company appeals from the judgment of the United States Court of International Trade affirming the determination on remand of the Department of Commerce, International Trade Adm...

  • Bennefield v. J Cavanaugh T
    28 F3d 1208
    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...

  • Huffstetler v. T Dixon
    28 F3d 1209
    David Earl Huffstetler was convicted by a jury in Gaston County, North Carolina, for the first degree murder of his mother-in-law, Edna Cordell Powell. The jury sentenced Huffstetler to death. After...

  • Rheem Mfg Company v. National Labor Relations Board
    28 F3d 1210
    Andrew D. Roth, Bredhoff & Kaiser, Washington, D.C.; Richard J. Brean, United Steelworkers of America, Pittsburgh, Pennsylvania; Samuel H. Heldman, Cooper, Mitch, Crawford, Kuykendall & Wha...

  • United States v. Maskelumas
    28 F3d 1211
    Anthony Vito Maskelumas, Charles Henry Burger, and Robert Thomas Cromlish each entered a guilty plea to one count of conspiracy to acquire a controlled substance through fraud, 21 U.S.C.A. Secs. 846, ...

  • United States v. Connolly
    28 F3d 1211
    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...

  • Ward Iii v. Holmes City Of Cayce
    28 F3d 1212
    William E. Ward, III (Ward) and Michael Leitzsey (Leitzsey) committed suicide while detained in the City of Cayce, South Carolina jail. Ward's wife, Ann Ward, as Personal Representative of the Estate...

  • Morgan v. Lexington Fayette Urban County Division Of Police
    28 F3d 1214
    Richard Henry Morgan, a pro se Kentucky 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 ...

  • United States v. Shaban
    28 F3d 1215
    Samir Shaban, a federal prisoner, appeals the sentence imposed following his guilty plea to one count of wire fraud in violation of 18 U.S.C. Secs. 1343 and 2. The case has been referred to a panel o...

  • United States v. Evans
    28 F3d 1216
    Henry Evans seeks to reverse his conviction for possession of a firearm by a felon, 18 U.S.C. Secs. 922(g)(1) and 924(a)(2), claiming that the evidence against him was insufficient. Because we conclu...

  • Acker v. Vermeer
    29 F3d 630
    MEMORANDUM Arizona state prisoner Christina J. Acker appeals pro se the district court's judgment on the pleadings in favor of defendants in her 42 U.S.C. Sec. 1983 action pursuant to Fed.R.Civ.P. 12...

  • Best v. A Lewis
    29 F3d 630
    MEMORANDUM Anthony Deneen Best, an Arizona state 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 have j...

  • Fales v. Indeterminate Sentence Review Board
    29 F3d 631
    MEMORANDUM** Alton Jackson Fales, a Washington 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 deter...

  • Easley v. Dl Jett
    29 F3d 631
    MEMORANDUM California state prisoner Charles Jerome Easley appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action against defendants Jett, Whitely and Baker pursuant to Fed.R...

  • Falcone v. A Lewis
    29 F3d 631
    MEMORANDUM Kenneth John Falcone, 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. Falcone was convicted of th...

  • Hess v. Maass
    29 F3d 632
    MEMORANDUM Willie F. Hess, an Oregon state prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Hess contends that he received ineffectiv...

  • Hunt v. City and County Of San Francisco
    29 F3d 632
    MEMORANDUM Dennis D. Hunt appeals pro se the district court's summary judgment in favor of the defendants in this 42 U.S.C. Sec. 1983 action. Hunt alleged that his Fourth Amendment rights were viola...

  • Grinols v. State Alaska
    29 F3d 632
    MEMORANDUM Alaska state prisoner John B. Grinols appeals pro se the district court's 28 U.S.C. Sec. 1915(d) dismissal without prejudice of his 42 U.S.C. Sec. 1983 action, which challenges the actions...

  • Hill v. White
    29 F3d 632
    MEMORANDUM Willie Hill, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. Hill is challenging his 1984 conviction for robbery. We h...

  • Pinkston v. L Garcia
    29 F3d 633
    MEMORANDUM California state prisoner Ahmed M. Pinkston appeals pro se the district court's order dismissing six out of nine defendants he named in his 42 U.S.C. Sec. 1983 action pursuant to Fed.R.Civ...

  • Storey v. Idaho State Correctional Institution
    29 F3d 634
    MEMORANDUM Gregory Stewart Storey, an Idaho 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. Storey was convicted of rob...

  • United States v. Ghazali
    29 F3d 635
    MEMORANDUM Federal prisoner Cyrus Ghazali appeals the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside or correct his sentence for eight counts of distribution of cocain...

  • White v. Connell Olds Pontiac Gmc
    29 F3d 638
    MEMORANDUM Cleophas White appeals pro se the district court's summary judgment in favor of Connell Olds-Pontiac-GMC ("Connell"); United Food & Commercial Workers Union Local 1179 ("the Union"); ...

  • Washington v. Rowland
    29 F3d 638
    MEMORANDUM Ross Washington, a California 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. Washington cont...

  • Zareyan v. Office Of Personnel Management
    29 F3d 646
    Djahromi M. Zareyan appeals the July 22, 1993 decision of the Merit Systems Protection Board (Board) in Docket No. SF831E930195-I-1 affirming the Administrative Judge's April 21, 1993 initial decision...

  • Vasey v. Martin Marietta Corporation
    29 F3d 1460
    Plaintiff Patrick Vasey appeals from an adverse judgment entered in favor of Defendant Martin Marietta Corporation in his breach of contract and age discrimination action. We have jurisdiction pursua...

  • Val Farms Ja We Iii v. Espy Us
    29 F3d 1470
    Appellants, VAL Farms, a Colorado partnership, and its eleven general partners, appeal from an order of the district court granting summary judgment in favor of the Secretary of Agriculture (Secretary...

  • Prophet v. Prophet
    30 F3d 136
    Before RIPPLE, and MANION, Circuit Judges and Robert A. GRANT, District Judge. Glen W. Prophet appeals the district court's dismissal of his complaint, brought under 42 U.S.C. Sec. 1983, as legally ...

  • Palmer v. City Of Monticello
    31 F3d 1499
    The City of Monticello, Utah, and its Chief of Police, Kent Adair, appeal a judgment on a jury verdict for the plaintiff, Brett Palmer, a former Monticello police officer. Palmer brought this action ...

  • International Union United Mine Workers Of America v. L Bagwell
    512 US 821
    We are called upon once again to consider the distinction between civil and criminal contempt. Specifically, we address whether contempt fines levied against a union for violations of a labor injunct...

  • Louisiana Land and Exploration Company v. Offshore Tugs Inc
    23 F3d 967
    Appellant Louisiana Land & Exploration Company ("LL & E") appeals the district court's granting of summary judgment for Defendant Rowan Companies, Inc. The district court dismissed all claims...

  • Waldrop v. Southern Company Services Inc
    24 F3d 152
    Barbara Waldrop appeals the district court's denial of her claim pursuant to Sec. 504 of the Rehabilitation Act of 1973. Because we hold that, when requested, a jury trial is constitutionally require...

  • Rasbury Rasbury v. Internal Revenue Service
    24 F3d 159
    Billie Vester Rasbury and Bill's Forestry Service, Inc. ("Bill's Forestry"), appeal from the district court's denial of their motion under 26 U.S.C.A. Sec. 7430 (1989) for recovery of costs and attor...

  • City Of Huntsville v. City Of Madison
    24 F3d 169
    This appeal requires us to determine whether the district court has federal question jurisdiction over the declaratory judgment action brought by the City of Huntsville, Alabama. Appellees, other Ala...

  • Cryder v. Oxendine and Natlsco
    24 F3d 175
    Plaintiff James Michael Long appeals from the district court's dismissal of his 42 U.S.C. Sec. 1983 action challenging the constitutionality of Sec. 34-9-221(i) of the Georgia Workers' Compensation Ac...

  • United States v. Harris
    25 F3d 1275
    Gregory Harris and Terence Hoskins challenge their convictions and sentences for aiding and abetting each other in a "carjacking" in violation of 18 U.S.C. Sec. 2119, and for using and carrying a fire...

  • Turner Entertainment Co v. Degeto Film
    25 F3d 1512
    This is an appeal of (1) the district court's grant of a preliminary injunction to plaintiff-appellee Turner Entertainment Co. ("Turner"), preventing defendants-appellants from broadcasting certain l...

  • United States v. Holland
    26 F3d 26
    Terrance Roshane Holland challenges the sentence imposed by the district court following his guilty plea. Because we conclude that the district court properly considered Holland's juvenile record in ...

  • Lawrence S Borow v. Nview Corporation
    27 F3d 562
    Lawrence S. Borow, Kenneth Borow, and Fergal K. Gartlan brought this class action against nVIEW Corporation and two of its officers, James H. Vogeley and William H. Donaldson, alleging that they had "...

  • United States v. Moore
    27 F3d 564
    Appellant appeals from the district court's order denying in part 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 ...

  • Usc Usc 2255 v. Us
    27 F3d 564
    George H. Van Wagner, III, an inmate at FCI-Schuylkill, Minersville, Pennsylvania, filed this original thirty-seven page petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2241 (1988), se...

  • United States v. Edwards
    27 F3d 564
    Rayfield Edwards appeals from the district court orders dismissing his action and denying his motion for reconsideration. Although on different grounds than the district court, we affirm the dismissa...

  • Virginia Manufacturing Company Incorporated v. Virginia Manufacturing Company Incorporated
    27 F3d 565
    N.L.R.B. ENFORCEMENT GRANTED. Before HALL and LUTTIG, Circuit Judges, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation. Virginia Ma...

  • La Plante v. American Honda Motor Co Inc
    27 F3d 731
    Plaintiff-appellee Arthur LaPlante was rendered quadriplegic from a fall sustained while riding an all-terrain vehicle (ATV) designed, manufactured, and distributed by defendants-appellants Honda R &a...

  • Morris v. Government Development Bank Of Puerto Rico
    27 F3d 746
    Plaintiff-appellant Emilio Morris-Andino (Morris) appeals from an order of the district court granting summary judgment against him in a suit that he had brought under 42 U.S.C. Sec. 1983 (1988). We ...

  • Apex Fountain Sales Inc v. Kleinfeld
    27 F3d 931
    The dispute between the parties to this appeal is no stranger to this court. See Apex Fountain Sales, Inc. v. Kleinfeld, 818 F.2d 1089 (3d Cir.1987) (Apex II ). This bitter business litigation show...

  • Lebron
    27 F3d 937
    Pursuant to 11 U.S.C. Secs. 503(b)(3) and (b)(4) (1988), the bankruptcy court awarded W. James Scott ("Scott"), a creditor and former officer and director of the debtor, Mechem Financial, Inc. ("Mech...

  • Weyherlivsey Constructors Incorporated
    27 F3d 985
    Thomas C. Prevetire was injured on the job and filed a claim for disability benefits under the Longshore and Harbor Workers' Compensation Act ("the LHWCA" or "the Act"), 44 Stat. (part 2) 1424, as am...

  • Harris v. City Of Auburn
    27 F3d 1284
    Thomas Harris is a part-time police officer in the City of Auburn, Illinois. The Mayor of Auburn suspended Harris for thirty days without pay on February 29, 1992, pursuant to City of Auburn Ordinanc...

  • National Wildlife Federation v. Whistler
    27 F3d 1341
    The Turnbow Development Corporation sought permission from the United States Corps of Engineers to make several changes necessary to provide water access to a planned residential development. The Cor...

  • Brill v. McDonalds Corporation
    28 F3d 633
    Frank Brill believes that McDonald's Corporation sacked him from his position as a project manager for beverage dispensing equipment because of age; McDonald's contends that Brill is incompetent and ...

  • United States v. Duarte
    28 F3d 47
    AFFIRMED. ...

  • Clark v. Armontrout
    28 F3d 71
    Will Clark and James Miller ("the Inmates") brought this Sec. 1983 action against three Jefferson City Correctional Center (JCCC) officials--Warden Bill Armontrout, Assistant Warden Donald Cline, and ...

  • Romero v. United States
    28 F3d 267
    Petitioner-appellant Rafael Romero appeals pro se from an order entered June 17, 1992 in the United States District Court for the Southern District of New York, Robert J. Ward, Judge, that denied Rome...

  • Roe v. Doe
    28 F3d 404
    Gregg Meyers, Wise & Cole, P.A., Charleston, SC, for appellant. John Hamilton Smith, Young, Clement, Rivers & Tisdale, Charleston, SC, argued (Stephen P. Groves, on brief), for appellees. ...

  • United States v. J Hodgekins
    28 F3d 610
    Barry J. Hodgekins became the treasurer of Josam Manufacturing Co., Inc., in December 1984. In August 1985 the company went bankrupt. The Internal Revenue Service (IRS) then assessed tax penalties i...

  • United States v. D Bell
    28 F3d 615
    Andrew B. Baker, Jr., Philip P. Simon, Daniel L. Bella, Asst. U.S. Attys., Toi Denise Houston (argued), Dyer, IN, for plaintiff-appellee. Robert C. Perry (argued), Indianapolis, IN, for defendnat-ap...

  • United States v. H South
    28 F3d 619
    Samuel South ("South") and Rubin Lopez-Ortiz a/k/a "Sanchez" ("Sanchez"), were charged in a two-count indictment with conspiring, between themselves as well as with others known and unknown to the gra...

  • United States v. Bernal
    28 F3d 630
    Alexander Bernal appeals his conviction of violating 18 U.S.C. Sec. 922(g) which prohibits a previously convicted felon from knowingly possessing a firearm. Bernal concedes that he has been previousl...

  • United States v. M Ramos
    28 F3d 978
    The United States appeals the district court's grant of defendant Anthony M. Ramos' motion to suppress evidence obtained in an inventory search of his automobile conducted after he was arrested for al...

  • Zenkoski v. Immigration and Naturalization Service
    28 F3d 1217
    Samija Zenkoski was born in Macedonia, a part of the former Yugoslavia, and is an Albanian Muslim. On July 17, 1989, the Board of Immigration Appeals (the "Board") ordered that he be deported to Yugo...

  • Taylor v. A Coughlin G
    29 F3d 39
    Petitioner-appellant Rodney Taylor appeals pro se from a summary judgment entered September 10, 1993 in the United States District Court for the Northern District of New York, Frederick J. Scullin, Jr...

  • Vesser v. Office Of Personnel Management
    29 F3d 600
    Samuel F. Vesser, Jr. petitions for review of the decision of the Merit Systems Protection Board (Board), Docket No. AT300A9110448, in Samuel F. Vesser, Jr. v. Office of Personnel Management, 57 M.S.P...

  • Butler v. Godinez
    29 F3d 630
    MEMORANDUM Robert B. Butler is an inmate at Nevada's Ely State Prison. He filed this Sec. 1983 suit which alleges that prison officials, including the Warden, Salvador Godinez, violated his First an...

  • Figueroa v. United States
    29 F3d 631
    MEMORANDUM Jesus Maria Figueroa ("Appellant") appeals his conviction on one count each of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846, and possession wi...

  • John v. United States
    29 F3d 632
    Before: WIGGINS and THOMPSON, Circuit Judges, and EZRA, District Judge. MEMORANDUM The South Kuiu Thlingit Nation, also known as the Kuiu Kwaan, appeals the district court's denial of its motion t...

  • United States v. Beasley
    29 F3d 634
    MEMORANDUM Martel Frances Beasley was charged with possession with intent to distribute cocaine, under 21 U.S.C. Sec. 841(a)(1). The district court denied his motion to suppress evidence, and Beasle...

  • United States v. Aldana
    29 F3d 634
    MEMORANDUM Defendant Joseph Aldana ("Aldana") appeals his jury conviction, alleging ten violations of the district court. Aldana is one of at least seventeen defendants indicted for participating in...

  • United States v. Castrejon Ortiz
    29 F3d 635
    MEMORANDUM Guillermo Castrejon-Ortiz appeals his sentence under the Sentencing Guidelines following his jury conviction for illegal reentry of a deported alien, 8 U.S.C. Sec. 1326(a) and (b)(1). Cas...

  • United States v. Lefevbre
    29 F3d 636
    MEMORANDUM John Lefevbre appeals his conviction following a jury trial for six counts of mail fraud in violation of 18 U.S.C. Sec. 1341. Lefevbre contends that the district court abused its discreti...

  • Equal Employment Opportunity Commission v. Consolidated Service Systems
    30 F3d 58
    We think the district court's ruling was correct; the Equal Access to Justice Act does not apply to suits under Title VII. EEOC v. Kimbrough Investment Co., 703 F.2d 98, 103 (5th Cir.1983); Huey v....

  • Glover v. Littlefield
    30 F3d 133
    Petitioner Henry Glover appeals from the district court's order denying his petition for writ of habeas corpus. This court has granted a certificate of probable cause. For the reasons that follow, w...

  • Blalock v. Shoopman
    30 F3d 133
    This pro se Tennessee plaintiff appeals a district court order dismissing her civil rights complaint filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pursuant to Ru...

  • Atkins v. C Zavislak
    30 F3d 133
    Before: JONES and RYAN, Circuit Judges, and BERTELSMAN, Chief District Judge. Robert E. Atkins, a former Michigan state prisoner, moves for the appointment of counsel and appeals the judgment for t...

  • Bongartz v. State Farm Fire and Casualty Company
    30 F3d 133
    Plaintiff Mary Jane Bongartz appeals the judgment of the district court entered in favor of defendant State Farm Fire and Casualty Company in this diversity action to collect under a fire insurance co...

  • United States v. E Glick
    30 F3d 134
    Appellant pleaded guilty to distribution of cocaine base, a violation of 21 U.S.C. Sec. 841(a)(1) and 18 U.S.C. Sec. 2. Due to Appellant's substantial assistance in the pursuit of two drug dealers, t...

  • Teamer v. Secretary Of Health and Human Services
    30 F3d 134
    Plaintiff appeals a district court judgment affirming the decision of the Secretary of Health and Human Services in this child insurance benefits case. The parties have waived oral argument, and this...

  • Miller Bey v. V Siver
    30 F3d 134
    Before: JONES and RYAN, Circuit Judges, and BERTELSMAN, Chief District Judge. Antoine Andre Miller-Bey, a pro se Michigan prisoner, appeals a district court order granting the defendant's motion fo...

  • United States v. R Wheeler
    30 F3d 135
    Jack R. Wheeler appeals his convictions and sentence on four counts of failing to file federal income tax returns, in violation of 26 U.S.C. Sec. 7203. His appeal has been referred to a panel of this...

  • Knauss
    36 F3d 1103
    MEMORANDUM William and Yoko Knauss appeal the district court's order dismissing their complaint and denying their motion for an extension of time to file a notice of appeal. Appellees request attorn...

  • Robinowitz v. Gibraltar Savings Fgmc
    23 F3d 951
    Daniel Robinowitz appeals the district court's grant of summary judgment to the RTC based on its holding that all of Robinowitz's claims are barred by the D'Oench Duhme doctrine. We affirm. In 1983...

  • American Train Dispatchers Association v. Interstate Commerce Commission
    26 F3d 1157
    The American Train Dispatchers Association ("Union"), a union of railroad employees, petitions for review of an order of the Interstate Commerce Commission exempting CSX Transportation, Inc. ("CSXT")...

  • Borden v. Federal Bureau Of Investigation
    27 F3d 554
    Plaintiff appeals the dismissal of his complaint, without prejudice, for failure to state a claim under the Freedom of Information Act, 5 U.S.C. Sec. 552 ("FOIA") and the Privacy Act, 5 U.S.C. Sec. 55...

  • Harris v. United States W W Harris
    27 F3d 563
    Appellant was convicted of violations of 18 U.S.C. Sec. 241, 18 U.S.C. Secs. 1584, 1585 (1988), statutes involving involuntary servitude of other persons. He appeals the district court's denial of hi...

  • Morabito v. United States Parole Commission
    27 F3d 563
    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...

  • United States v. H Vanstavern
    27 F3d 564
    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. N Kleinbart
    27 F3d 586
    In 1975, a federal jury convicted Michael Kleinbart of numerous crimes arising from his armed robbery of a pharmacy and subsequent flight from the scene of the crime. On February 6, 1989, Kleinbart f...

  • Wall Street Associates Lp v. Becker Paribas Incorporated and
    27 F3d 845
    Defendants-appellants Becker Paribas, Inc. ("Becker Paribas" or "Becker"), Merrill Lynch & Company, Michael Wise, and Monroe Friedman (collectively, the "Defendants") appeal from a judgment of th...

  • Ockerman v. May Zima and Company
    27 F3d 1151
    We permitted this interlocutory appeal on two issues decided by the District Court on a claim brought under section 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. Sec. 78j, and Rule 10b-5...

  • Equitable Life Assurance Society Of United States v. E Bell
    27 F3d 1274
    The Equitable Life Assurance Society of the United States ("Equitable") filed this diversity action seeking a declaratory judgment that it was not obliged to pay Thomas Bell disability benefits. Equi...

  • Rw Beck Assoc v. City and Borough Of Sitka Providence Washington Insurance Company
    27 F3d 1475
    These consolidated appeals arise from an insurance dispute among the City and Borough of Sitka, Alaska (Sitka) and three insurance companies: Western World Insurance Company (Western), Providence Was...

  • South v. Saab Cars Usa Inc
    28 F3d 9
    Igor I. Sikorsky, Jr., Rocky Hill, CT, for plaintiff-appellee. Penny Q. Seaman, New Haven, CT (Sigismund L. Sapinski, Jr., Wiggin & Danna, of counsel), for defendant-appellant. Before: MINER,...

  • United States v. C Murphy
    28 F3d 38
    William Murphy pled guilty to conspiracy to steal goods in interstate commerce and to transport those stolen goods in violation of 18 U.S.C. Sec. 371. See 18 U.S.C. Secs. 659, 2314. The district jud...

  • Allison v. Flexway Trucking Inc A
    28 F3d 64
    Mark P. Spengler, Granite City, IL, argued (Janet R. Sheley and Victor J. Mosele, on the brief), for appellant. Daniel T. Rabbitt, St. Louis, MO, argued, for appellee. Before BOWMAN and WOLLMAN, C...

  • United States v. T Jones
    28 F3d 69
    Jeffery T. Jones pleaded guilty to possession with intent to distribute crack cocaine within one thousand feet of a school in violation of 21 U.S.C. Sec. 860. When sentencing Jones in January 1994, t...

  • Earth Island Institute v. H Brown J A
    28 F3d 76
    Opinion by Judge POOLE. The Opinion filed March 3, 1994 is WITHDRAWN. Appellants Secretary of Commerce, Administrator of the National Oceanic and Atmospheric Association, Assistant Administrator o...

  • Butler v. L Wolff
    28 F3d 105
    MEMORANDUM Robert Burdett Butler, a Nevada state prisoner, appeals pro se the district court's dismissal for failure to state a claim of Butler's 42 U.S.C. Sec. 1983 action alleging that defendants v...

  • Davis v. Sr Campbell
    28 F3d 105
    MEMORANDUM Bobby A. Davis, a California state prisoner, appeals pro se the district court's dismissal after remand of his 42 U.S.C. Sec. 1983 action on res judicata grounds. We have jurisdiction und...

  • Childs v. Paine Webber Inc
    28 F3d 105
    MEMORANDUM Juanita Childs appeals pro se the district court's dismissal of her action based on res judicata. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291. We review de novo, E. & J. Ga...

  • Evans v. Federal Bureau Of Prisons
    28 F3d 105
    MEMORANDUM Rosalee Evans, a federal prisoner, appeals pro se the district court's summary judgment for defendant prison officials in Evans's Bivens action alleging that defendants were deliberately i...

  • Lazo v. S Taxel
    28 F3d 106
    MEMORANDUM Chapter 7 debtors Romeo Alegato Lazo and Jane Strachan-Lazo appeal pro se the Bankruptcy Appellate Panel's ("BAP") (1) July 19, 1993 decision affirming the bankruptcy court's denial of the...

  • Pellegrino v. Walker
    28 F3d 107
    MEMORANDUM Salvatore Pellegrino, a California state prisoner, appeals pro se the district court's summary judgment for prison official J.P. Walker in Pellegrino's 42 U.S.C. Sec. 1983 action alleging ...

  • Mohammadi v. Immigration and Naturalization Service
    28 F3d 107
    MEMORANDUM Akbar Mohammadi, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals' ("BIA") summary dismissal of his appeal of an immigration judge's ("IJ") decision. ...

  • Serzow v. Meleney
    28 F3d 108
    MEMORANDUM Chapter 7 debtors Alan and Nancy Serzow appeal pro se the district court's order affirming on appeal two bankruptcy court rulings: (1) a March 10, 1993 order authorizing the trustee's sal...

  • United States v. Acosta
    28 F3d 108
    MEMORANDUM Luis Edwardo Acosta appeals his 120-month sentence imposed following his guilty plea to possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). We have juri...

  • United States v. Hutchison
    28 F3d 109
    MEMORANDUM Davie Galan Hutchison appeals his 51-month sentence imposed following his guilty pleas to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846 and con...

  • United States v. Perez Monragon P
    28 F3d 110
    MEMORANDUM Francisco Perez-Monragon appeals his convictions, following a jury trial for conspiracy to possess and possession with intent to distribute heroin in violation of 21 U.S.C. Secs. 841(a)(1)...

  • Hook v. Ernst and Young
    28 F3d 366
    Appellant, Debra Hook ("Hook"), appeals a judgment the United States District Court for the Western District of Pennsylvania entered on a jury verdict for her former employer appellee Ernst & Youn...

  • Berry v. Deloney
    28 F3d 604
    High school student Angela Berry sued William Deloney, her truant officer, alleging that Deloney violated her civil rights protected by 42 U.S.C. Sec. 1983, in the course of their nonconsensual sexual...

  • Greenwood v. Federal Aviation Administration
    28 F3d 971
    Petitioner-appellant, Ashley Greenwood, challenges the suspension and nonrenewal of his designation as a pilot examiner by the Federal Aviation Administration ("FAA"). The only issues properly raised...

  • United States v. Robinson
    28 F3d 1214
    This is a direct appeal from a criminal conviction obtained upon the defendant's plea of guilty. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. ...

  • United States v. L Walker
    28 F3d 1215
    The defendant appeals a district court order affirming a magistrate judge's order that he be detained pending trial on charges of conspiracy to possess with intent to distribute cocaine and cocaine ba...

  • United States v. E Blake
    28 F3d 1216
    Ronald E. Blake waived indictment and pleaded guilty to a one-count information charging him with assaulting, resisting, opposing or impeding a federal officer in violation of 18 U.S.C. Sec. 111 (1993...

  • Brown Bag Software v. Symantec Corp
    29 F3d 630
    MEMORANDUM Brown Bag Software appeals the district court's grant of summary judgment on its claim for false designation of origin under Sec. 43(a) of the Lanham Act, 15 U.S.C. Sec. 1125(a). We have ...

  • Blair v. Rmc Lonestar H
    29 F3d 630
    MEMORANDUM Richard Blair and Clyde Robinson appeal the district court's grant of summary judgment on their various state law tort claims against their former employer. The district court concluded t...

  • Coronel v. Oku
    29 F3d 631
    MEMORANDUM Petitioner Paul Kay Coronel was convicted in the Circuit Court of the Third Circuit, State of Hawaii, on charges of murder, theft and forgery in connection with the disappearance of his mo...

  • People v. C Castro
    29 F3d 633
    MEMORANDUM Abraham Camacho Castro challenges the affirmance of his conviction by the District Court of Guam, Appellate Division, on four counts of aggravated assault, four counts of misdemeanor assau...

  • Tice v. Hoff
    29 F3d 634
    Before: POOLE, WIGGINS, T.G. NELSON, Circuit Judges MEMORANDUM Appellant Thornton Tice, doing business as the Kama'aina News ("Appellant"), appeals the district court's entry of summary judgment a...

  • Trw Inc v. Twi International Exhibition Logistics
    29 F3d 634
    MEMORANDUM TRW, Inc. ("TRW") appeals the district court's order granting summary judgment in favor of TWI International Exhibition Logistics ("TWI"). TRW brought suit against TWI seeking damages fo...

  • United States v. Huynh
    29 F3d 635
    MEMORANDUM Hung Van Huynh was convicted of conspiring and attempting to bring 138 unauthorized aliens to the United States in violation of 8 U.S.C. Sec. 1324(a)(2)(B)(ii) and 18 U.S.C. Secs. 2 and 37...

  • United States v. Chapman
    29 F3d 635
    MEMORANDUM Arlon Chapman and Dun O'Connor appeal the sentences imposed upon them following their guilty pleas to several drug related offenses. They argue that the sentencing judge misapplied provis...

  • United States v. Smith
    29 F3d 637
    Jefferson, Moore, Smith, Sutton, and a number of others are members of Los Angeles based street gangs that were distributing drugs in Tacoma, Washington. They were convicted of conspiracy to distribu...

  • Vecsel Partners v. Scottsdale Conference Center Vecsel Partners Das
    29 F3d 637
    MEMORANDUM Vecsel Partners appeals the district court's grant of summary judgment on its damages action in favor of Scottsdale Conference Center, Connecticut Mutual Life Ins. Co., and Pacific Southwe...

  • Santori v. United States
    30 F3d 126
    Appellant Jose Santori, a natural born citizen of the United States, appeals the dismissal by the United States District Court for the District of Puerto Rico of his request (1) for a declaratory judg...

  • Snarski v. Bridgestonefirestone Inc
    30 F3d 136
    Bridgestone/Firestone hired Larry Snarski as a store manager. When applying for employment, Snarski signed this acknowledgment: I understand that my employment, compensation, and benefits can be te...

  • Strykowski v. Northeast Illinois Regional Commuter Railroad Corporation
    30 F3d 136
    John Strykowski ("Strykowski") appeals the dismissal of his lawsuit against the Northeast Illinois Commuter Railroad Corporation, d/b/a Metra/Metropolitan Rail ("Metra") on jurisdictional grounds. We...

  • United States v. James
    30 F3d 136
    Ray James appeals the district court's admission of evidence under Federal Rule of Evidence 404(b) of his prior gun possession and argues that there was insufficient evidence presented to the court to...

  • United States v. Hudacek
    24 F3d 143
    The government's petition for rehearing is granted. We have modified certain language from our previous opinion in this case, United States v. Hudacek, 7 F.3d 203 (11th Cir.1993). The earlier opinio...

  • Thomas v. Kroger Company
    24 F3d 147
    Inez Thomas appeals a district court's order granting summary judgment in favor of the Kroger Company. Thomas was discharged from her job as a cashier with Kroger on February 28, 1989. Nearly two ye...

  • United States v. Marsh
    26 F3d 1496
    Following a jury trial, David Peter Marsh was convicted on one count of extortion or attempted extortion and sentenced to five years in prison. Marsh now appeals his conviction, contending that the e...

  • Resolution Trust Corporation v. United States Fidelity and Guaranty Company
    27 F3d 122
    We consider the motion of the Resolution Trust Corporation ("RTC") to dismiss its own appeal in this case removed from Louisiana state court. Concluding that the partial summary judgment entered in t...

  • United States v. Castillo Moronta
    27 F3d 554
    Jose Castillo-Moronta pled guilty under 8 U.S.C. Sec. 1326(b)(2) to unlawful reentry into the United States following his deportation. He now advances a single challenge to his sentence, arguing that...

  • Pineda v. Immigration and Naturalization Service
    27 F3d 554
    Petitioner Marta Leyla Hernandez Pineda, a citizen of Nicaragua, has filed a petition for review of an order of the Board of Immigration Appeals (the Board) denying her motions to reopen and reconside...

  • Piscopo v. Secretary Of Health and Human Services
    27 F3d 554
    Plaintiff Marie Elizabeth Piscopo appeals a district court judgment dismissing her complaint for judicial review of a decision by the Secretary of Health and Human Services that required her to repay ...

  • United States v. Perez
    27 F3d 554
    Defendant, Eugenio James Perez, pleaded guilty to a one-count indictment charging him with possession with intent to distribute approximately five kilograms of cocaine in violation of 21 U.S.C. Sec. 8...

  • Nationsbank Of Virginia Na Na v. Mizrachi Roberti
    27 F3d 563
    This appeal is from a judgment of the district court denying costs and imposition of sanctions against Joseph Mizrachi and his attorneys under Federal Rule of Civil Procedure 11 and 28 U.S.C. Sec. 192...

  • United States v. Selbe Iii
    27 F3d 564
    The United States appeals from a judgment of the district court granting Frank G. Selbe, III, a judgment of acquittal after his conviction by a jury of violating 18 U.S.C. Sec. 1001, for making a fals...

  • Under Seal v. Under Seal
    27 F3d 564
    The question in the instant appeal is whether the district court acted within its discretion in refusing to impose a permanent seal on a qui tam complaint filed under the False Claims Act, 31 U.S.C. S...

  • United States v. Guyon
    27 F3d 723
    On April 12, 1989, a federal grand jury returned a one-count indictment charging Richard Guyon with bank fraud in violation of 18 U.S.C. Sec. 1344. Following a jury trial, Guyon was convicted in abse...

  • Comshare Inc v. United States
    27 F3d 1142
    Plaintiff Comshare, Inc., a computer software company, sued the government to obtain a refund of federal income taxes. During the tax years in question the company had spent several million dollars t...

  • Indosuez Carr Futures Incorporated v. Commodity Futures Trading Commission
    27 F3d 1260
    Among the more predictable features of warfare are the tales of financial killings or, more likely, financial ruin that resonate long after the battle is over. The recent war in the Persian Gulf was ...

  • Town Of Munster Indiana v. Sherwin Williams Co Inc
    27 F3d 1268
    The Town of Munster, Indiana, ("Munster") brought a private cost recovery action against Sherwin-Williams Co., Inc. ("Sherwin-Williams") under Sec. 107 of the Comprehensive Environmental Response, Co...

  • Burks v. G Borg Celestine
    27 F3d 1424
    Burks and Celestine were convicted of murdering a fellow prison inmate and sentenced to life without parole. Having exhausted state remedies, they brought a federal habeas petition raising three issu...

  • No 91 55718
    27 F3d 1432
    On appeal, Thane Carl Chew seeks the right to pursue his claims for damages resulting from dog bites inflicted on him by a police dog the Los Angeles Police Department uses to capture suspected crimin...

  • Bivens v. Groose
    28 F3d 62
    Hardy C. Bivens appeals the District Court's denial of his petition under 28 U.S.C. Sec. 2254 for a writ of habeas corpus. We affirm. In 1979, Bivens, then a high school student, murdered Susan Haw...

  • United States v. Daly
    28 F3d 88
    We must decide whether an offender being sentenced as an armed career criminal can challenge his previous state convictions at the federal sentencing hearing. James Scott Daly argues that the distri...

  • Barone v. Foley
    28 F3d 104
    MEMORANDUM Nevada state prisoner Anthony Barone, Jr. appeals pro se the district court's grant of summary judgment for defendants Joseph Matvey and Charles Jordan in this action under 42 U.S.C. Sec. ...

  • Home Savings Of America Fa v. E Kohlhase C Goernitz
    28 F3d 106
    Before: WALLACE, Chief Judge, O'SCANNLAIN, Circuit Judge, and KELLEHER, District Judge. These consolidated appeals arise out of a summary judgment, and a partial summary judgment and trial. The Ko...

  • Paradise v. Paradise
    28 F3d 107
    MEMORANDUM Plaintiffs appeal from the district court's order finding their state tort claims, as stated in their complaint filed in federal court, preempted by the Railway Labor Act, 45 U.S.C. Sec. 1...

  • Moore v. Local Union Of International Brotherhood Of Electrical Workers
    28 F3d 107
    MEMORANDUM Lawrence Moore contends the district court erred in (1) dismissing without leave to amend portions of his First Amended Complaint and dismissing with leave to amend the remainder of his Fi...

  • Pettis v. Sundstrand Corporation
    28 F3d 108
    Before: KOZINSKI and TROTT, Circuit Judges, and WILLIAMS, Senior District Judge. MEMORANDUM Pettis challenges the district court's grant of summary judgment in favor of Sundstrand, claiming that h...

  • United States v. Daly
    28 F3d 108
    MEMORANDUM James Daly appeals his 359-month sentence. * Daly argues that the four-point increase for being an armed career criminal under Sec. 4B1.4 of the United States Sentencing Commission, Guid...

  • United States v. Hicks
    28 F3d 109
    MEMORANDUM We remanded this matter to the district court with instructions that it articulate reasons for the extent of its departure from the Sentencing Guidelines. United States v. Hicks, 997 F.2...

  • United States v. Menefee
    28 F3d 109
    MEMORANDUM Petitioner Jerry William Menefee appeals his conviction and sentence for unarmed bank robbery in violation of 18 U.S.C. Sec. 2113(a). Following a jury trial, the District Court sentenced ...

  • United States v. Tomlin
    28 F3d 110
    MEMORANDUM Ben Edward Tomlin appeals his felon-in-possession conviction, 18 U.S.C. Sec. 922(g), and the district court's sentence of 30 months imprisonment. We have jurisdiction, 28 U.S.C. Sec. 1291...

  • United States v. Zubick
    28 F3d 110
    Before: FARRIS, O'SCANNLAIN and TROTT, Circuit Judges MEMORANDUM Defendant Mark D. Zubick appeals the district court's refusal to modify the contents of his pre-sentence report. The district court...

  • Wu v. Immigration and Naturalization Service
    28 F3d 111
    Before: FARRIS, O'SCANNLAIN and TROTT, Circuit Judges MEMORANDUM Young-Hung Wu appeals the decision of the Board of Immigration Appeals affirming the immigration judge's denial of his application f...

  • United States Of America v. Evangelist Lacroix
    28 F3d 223
    This sentencing appeal provides an opportunity to clarify the operative standards for identifying relevant conduct under U.S.S.G. Sec. 1B1.3(a)(1)(B) (Nov.1993). We seize the opportunity and, in the ...

  • Jian v. Immigration and Naturalization Service
    28 F3d 256
    Kong Min Jian petitions for review of an October 7, 1993 order of the Board of Immigration Appeals (BIA) denying him asylum, a waiver of deportability, and withholding of deportation, and directing hi...

  • Kikumura v. Ca Turner
    28 F3d 592
    Yu Kikumura is a prisoner in the United States Penitentiary in Marion, Illinois. He is serving a 262-month sentence following a conviction for explosives and passport offenses. He is suing C.A. Turn...

  • Omron Healthcare Inc v. Maclaren Exports Limited
    28 F3d 600
    A few years ago the Marshall Baby Products Division of Omron Healthcare became the exclusive distributor, in the United States, of baby strollers manufactured by Restair Maclaren Limited, a British fi...

  • Intl Nutronics Inc Robertson v. Isomedix Inc
    28 F3d 965
    In this case, we must decide whether bid-rigging and antitrust claims brought by a trustee on behalf of a bankrupt estate are barred by the res judicata effect of a bankruptcy court's sale order. In...

  • Sandel v. Office Of Personnel Management
    28 F3d 1184
    M. Jean Sandel petitions for review of the August 30, 1993 decision of the Merit Systems Protection Board, Docket No. CH-0831-93-0336-I-1, affirming the decision of the Office of Personnel Management ...

  • King v. Schotten
    28 F3d 1213
    Wayne King, a pro se Ohio prisoner, appeals a district court judgment dismissing his civil rights complaint construed as being filed pursuant to 42 U.S.C. Sec. 1983. The case has been referred to a p...

  • Guinn v. United States
    28 F3d 1213
    Floyd R. Guinn, a pro se federal prisoner, appeals a district court order denying his motion to vacate his sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a panel of the...

  • Stepp v. A Wilkinson
    28 F3d 1214
    Arnold Stepp, 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 pu...

  • Spillan v. United States
    28 F3d 1214
    Before: JONES and RYAN, Circuit Judges, and BERTELSMAN, Chief District Judge. This pro se federal prisoner appeals a district court order denying his motion to vacate, set aside or correct sentence...

  • United States v. W Carden
    28 F3d 1214
    First, Carden's claim that government agents entrapped him as a matter of law is not supported by the record. When reviewing a claim of entrapment as a matter of law, we must first determine whether ...

  • United States v. Jones
    28 F3d 1214
    Kenneth David Jones appeals his conviction and sentence imposed following his plea of guilty to one count of aiding and abetting mail fraud in violation of 18 U.S.C. Secs. 1341 and 2. Jones's counsel...

  • United States v. Mathis
    28 F3d 1214
    Appellant was indicted for various violations of federal drug and gun control laws. The district court rejected Appellant's initial plea agreement. Pursuant to a new plea agreement, Appellant entere...

  • Fernandez Torres v. Immigration and Naturalization Service
    28 F3d 1214
    Petitioner, Mary Fernandez Torres, seeks review of the decision of the Board of Immigration Appeals denying her petition for discretionary waiver of deportation under section 212(c) of the Immigration...

  • United States v. Watson
    28 F3d 1215
    Tracy Joe Watson, a federal prisoner, appeals the sentence imposed following his guilty plea to one count of conspiracy to possess with intent to distribute and to distribute more than five kilograms ...

  • Hart v. United States
    29 F3d 619
    On March 23, 1987, petitioner- appellant Wilfred Hart, Jr. was indicted in the District of Maine on a fourteen-count third superseding indictment which alleged a number of narcotics offenses and two c...

  • Nikas v. Quinlan Et Al
    29 F3d 619
    Plaintiff-appellant John Nikas is a Massachusetts inmate who began serving his sentence in a state correctional institution but was later transferred to a federal prison. In 1992, while still in fede...

  • Genentech Inc Nv Vzw v. Wellcome Foundation Limited Bw Gi
    29 F3d 1555
    The question in this patent infringement action is whether a protein, formed through recombinant DNA technology, infringes, under the doctrine of equivalents, any of three patents: a patent directed ...

  • McCumber v. United States
    30 F3d 78
    Richard McCumber appeals from the final order entered in the District Court for the Western District of Missouri, denying his 28 U.S.C. Sec. 2255 motion to vacate his sentence. For the reasons discus...

  • United States v. R Perez
    30 F3d 137
    On April 26, 1993 defendant Angel Perez was convicted after a jury trial of one count of conspiring to distribute cocaine in violation of 21 U.S.C. Sec. 846. He now appeals from the judgment of guilt...

  • Williams v. Phillips Petroleum Company W Cj
    23 F3d 930
    Plaintiffs appeal a summary judgment in favor of defendants on claims under the Worker Adjustment and Retraining Notification Act ("WARN"). Finding no error, we dismiss the appeal. Concluding that t...

  • Alpine Ocean Seismic Survey Inc v. Fw Myers and Company Inc
    23 F3d 946
    The plaintiff contracted with an intermediary to have certain time-sensitive items shipped. The intermediary contracted with the defendant to ship the items. When the defendant did not deliver some ...

  • United States v. Godfrey
    25 F3d 263
    Defendant/appellant Chad Godfrey pleaded guilty to one count of conspiracy to commit bank fraud and misapplication of funds by a bank officer in violation of 18 U.S.C. Sec. 371. The district court, a...

  • Equal Employment Opportunity Commission v. Clear Lake Dodge Equal Employment Opportunity Commission R
    25 F3d 265
    The Equal Employment Opportunity Commission, on behalf of Rhonda Goerlitz brought this sex discrimination action--in which Goerlitz later intervened personally to raise state law issues--against Gulf ...

  • United States Department Of Interior v. Federal Labor Relations Authority
    26 F3d 179
    In 1990, the Bureau of Reclamation ("Bureau"), a division of the Department of the Interior ("DOI"), unilaterally removed certain supervisors from two bargaining units that historically had been "mixe...

  • Telecommunications Research and Action Center v. Federal Communications Commission
    26 F3d 185
    Petitioners, Telecommunications Research and Action Center and Washington Area Citizens Coalition Interested in Viewers' Constitutional Rights (collectively, "TRAC"), seek review of two orders of the ...

  • United States v. Casiano
    27 F3d 554
    In this appeal, defendant-appellant Pascual Casiano challenges his convictions for conspiracy, 18 U.S.C. Sec. 371, aiding and abetting an attempted extortion under color of official right, 18 U.S.C. S...

  • Sawyer v. Town Of Ashland
    27 F3d 554
    Wayne Sawyer, the plaintiff below, appeals from the district court's determination that his claims against the Town of Ashland for damages and attorneys' fees were barred by an oral settlement agreeme...

  • In Re James Clarence Lester
    27 F3d 563
    James Clarence Lester, a West Virginia state prisoner, brought this petition for writ of mandamus alleging that he is entitled to credit on his West Virginia sentence for time served prior to his extr...

  • Otis Elevator Company v. George Washington Hotel Corporation S S
    27 F3d 903
    Albert J. Zangrilli, Jr. (argued), Yukevich, Blume & Zangrilli, Pittsburgh, PA, for appellee. Steven M. Petrikis (argued), Jeffrey P. Brahan, Rose, Schmidt, Hasley & DiSalle, P.C., Pittsbur...

  • Virgin Islands Housing Authority
    27 F3d 911
    In this appeal, we hold that in the Virgin Islands, unless an independent basis for federal jurisdiction exists, a suit to confirm or vacate an arbitrator's award pursuant to the Federal Arbitration A...

  • Yellow Freight System Inc v. B Reich W
    27 F3d 1133
    Yellow Freight petitions for review of a decision of the Secretary of Labor finding that Yellow Freight violated section 405 of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C.App. ...

  • United States v. V Toney
    27 F3d 1245
    A jury found William Toney guilty of possession of a firearm by a felon, see 18 U.S.C. Secs. 922(g), 924(a)(2), and the court sentenced him to three hundred and ten months in prison. On appeal, Toney...

  • Gammon v. Gc Services Limited Partnership
    27 F3d 1254
    "We provided the systems used by a major branch of the federal government and various state governments to collect delinquent taxes.... You must surely know the problems you will face later if you do...

  • Stacks v. Southwestern Bell Yellow Pages Inc
    27 F3d 1316
    Barbara Stacks appeals from a judgment entered in the district court in favor of Southwestern Bell Yellow Pages, Inc. ("Yellow Pages") on her claims that she had been harassed and discharged on accou...

  • Schneider v. United States
    27 F3d 1327
    Michael and Roisin Schneider brought an action on behalf of their 5 1/2 year old daughter, Slaine Schneider, in the district court seeking review of a decision by the United States Air Force denying t...

  • Ruotolo v. Internal Revenue Service
    28 F3d 6
    Plaintiffs-appellants Michael and Kathleen M. Ruotolo (the "Ruotolos"), pro se, appeal from the judgment of the United States District Court for the District of Connecticut (Daly, J.), entered Decembe...

  • Durant v. Husband
    28 F3d 12
    In this suit under the Virgin Islands Tort Claims Act, plaintiff secured a default in the district court after the territorial government had failed to answer the complaint. After a contested hearing...

  • Smithville R Ii School District v. W Riley
    28 F3d 55
    The Smithville R-II School District ("Smithville") sought financial aid from the United States Department of Education for fiscal years 1989 and 1990. Smithville contended that it was entitled to aid...

  • Rambo v. Director Office Of Workers Compensation Programs
    28 F3d 86
    In 1983, the appellant John Rambo ("Rambo") was awarded $80.16 per week in worker's compensation for a permanent partial disability to his back and leg. Rambo subsequently attended crane school and o...

  • Bellows v. K Skinner B Iv
    28 F3d 104
    Before: REINHARDT and LEAVY, Circuit Judges, and McLAUGHLIN, District Judge. MEMORANDUM Kenneth Bellows and Dane Roundtree ("Plaintiffs") filed separate Bivens-type complaints in federal district ...

  • Anderson v. Zenon
    28 F3d 104
    MEMORANDUM The district court dismissed James Donald Anderson's (Anderson) pro se 28 U.S.C. Sec. 2254 habeas corpus petition because Anderson failed to show cause and prejudice for his procedural def...

  • Demuth v. Cirrus Capital Corporation E W
    28 F3d 105
    MEMORANDUM Walter Demuth ("Demuth") and Hans Diederichs ("Diederichs") appeal the district court's grant of an unopposed Fed.R.Civ.P. 12(b)(6) motion, in their diversity action alleging that defendan...

  • Mays v. Secretary Of Health and Human Services
    28 F3d 107
    MEMORANDUM Timothy Mays appeals the district court's decision affirming the final decision of the Secretary of Health and Human Services ("Secretary") that Mays's social security disability insurance...

  • United States v. Omiak
    28 F3d 110
    MEMORANDUM Patrick Omiak and Dennis Soolook were tried before Magistrate Branson and found guilty of various acts of wasting walrus in violation of the Marine Mammal Protection Act, 16 U.S.C. Sec. 13...

  • United States v. Singleton
    28 F3d 110
    MEMORANDUM The United States appeals the sentence the district court imposed upon the defendant, a black woman, in this case. We vacate defendant's sentence and remand so that the district court may...

  • Paul Revere Life Insurance Company v. E Brock
    28 F3d 551
    This is an interpleader action brought by Plaintiff Paul Revere Life Insurance Company to resolve competing claims to proceeds due under the terms of Defendant Thomas E. Brock's disability insurance p...

  • Nucor Corporation v. Aceros Y Maquilas De Occidente Sa De Cv
    28 F3d 572
    NUCOR Corporation ("NUCOR") filed a diversity action seeking declaratory relief against Aceros Y Maquilas de Occidente, S.A. de C.V. ("Aceros") and United Steel Corporation ("United"). The district ...

  • United States v. H
    28 F3d 588
    On July 6, 1992, Robert DeMaio was arrested for possession with intent to distribute marijuana in a quantity of one hundred kilograms or more, and conspiracy to do the same. Prior to his arrest, DeMa...

  • Simpson v. Liberty Mutual Insurance Company
    28 F3d 763
    David and Karen Simpson, Arkansas citizens, appeal from the district court's entry of summary judgment and the order denying a motion for new trial in their declaratory judgment suit 148 F.R.D. 621. ...

  • Jamison Jamison Jamison v. John Hancock Mutual Life Insurance Company
    28 F3d 1213
    William Terry Jamison, Jr., and Peggy Donnell Jamison, through counsel, appeal a district court order affirming a bankruptcy court's order granting defendant Hancock's motion for summary judgment in t...

  • Chemical Bank v. D Yaker M
    28 F3d 1213
    Barton M. Berman appeals a judgment of the district court directing that one-half of the funds in a checking account which Berman held jointly with his wife be paid to the plaintiff judgment creditor....

  • Hernandez v. United States
    28 F3d 1213
    German Hernandez, a pro se federal prisoner, appeals a district court order denying his motion to vacate his sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a panel of t...

  • Keenan v. Allen
    28 F3d 1213
    Timothy Paul Keenan, pro se, appeals a district court order dismissing his civil rights complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6). Keenan filed his complaint pursuant to 42 U...

  • United States v. Miller
    28 F3d 1214
    Defendant Jason David Miller appeals his conviction for possessing cocaine with intent to distribute and carrying or using a firearm in relation to a drug trafficking offense. Miller argues that the ...

  • Prunty v. Kelly
    28 F3d 1214
    Robert E. Prunty, a pro se Ohio prisoner, appeals a district court order dismissing his civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the court pursuan...

  • Patterson v. Baker
    28 F3d 1214
    Joel Patterson, a pro se Ohio prisoner, appeals a district court order dismissing his request for habeas relief filed pursuant to 28 U.S.C. Sec. 2254. The case has been referred to a panel of the cou...

  • West v. United States
    28 F3d 1215
    In Case No. 94-1140, Halton West, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate sentence filed under 28 U.S.C. Sec. 2255. In Case No. 94-1141, he appeals a...

  • United States v. R McMahon
    29 F3d 636
    MEMORANDUM Patrick R. McMahon appeals pro se the district court's summary judgment for the United States in the government's action to recover unpaid civil penalties imposed against McMahon by the Un...

  • Gallo v. Allstate Insurance Company
    29 F3d 631
    MEMORANDUM John Gallo appeals pro se the magistrate judge's order granting defendant Allstate Insurance Company's ("Allstate") motion for judgment on the pleadings. We have jurisdiction pursuant to ...

  • Etemadi v. Immigration and Naturalization Service
    29 F3d 631
    MEMORANDUM Shirin Etemadi, a native and citizen of Iran, petitions for review of a Board of Immigration Appeals (BIA) order which denied Etemadi's motion to reopen her deportation proceedings to allo...

  • Coon v. L Fey
    29 F3d 631
    MEMORANDUM George Coon appeals pro se the district court's summary judgment for the United States, as substitute defendant for Harry W. Anderson, an Internal Revenue Service ("IRS") employee, in Coon...

  • Causey v. United States
    29 F3d 631
    MEMORANDUM Kenneth C. Causey appeals pro se the district court's dismissal of his action brought against an Internal Revenue Service ("IRS") officer and the United States. Although Causey brought hi...

  • Devon v. Unbelievable Inc
    29 F3d 631
    MEMORANDUM Heather Devon appeals the district court's dismissal of her second amended complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted. We ha...

  • Claude Atkins Enterprises Inc v. United States
    29 F3d 631
    MEMORANDUM Claude E. Atkins Enterprises, Inc. ("Enterprises") appeals the district court's dismissal of Enterprises' action against the United States for lack of subject matter jurisdiction. We hav...

  • Holliday v. Elahon Center
    29 F3d 632
    MEMORANDUM John G. Holliday, Jr., a Washington state prisoner, appeals pro se the district court's summary judgment for defendant Elahon Center in Holliday's 42 U.S.C. Sec. 1983 civil rights action a...

  • Knight v. Commissioner Of Internal Revenue
    29 F3d 632
    MEMORANDUM Roger W. Knight appeals pro se the tax court's summary judgment for the Commissioner of the Internal Revenue Service ("Commissioner") in Knight's petition challenging the Commissioner's de...

  • Plumes v. United States
    29 F3d 633
    MEMORANDUM John Leon Plumes, a federal prisoner, appeals pro se the denial of his motion to vacate, set aside, or correct his sentence. Plumes alleges improper indictment, involuntary waiver of spee...

  • Oconnor v. Us Army Claims Service
    29 F3d 633
    MEMORANDUM James L. O'Connor appeals pro se the district court's orders (1) granting the government's motion for summary judgment in O'Connor's action under the Federal Tort Claims Act ("FTCA"), 28 U...

  • Pierce v. Lewis
    29 F3d 633
    MEMORANDUM Thomas Pierce, an Arizona 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. Sec. 1915(d). We have jurisdiction u...

  • Merten v. National Railroad Passenger Corporation
    29 F3d 633
    MEMORANDUM Ralph A. Merten appeals pro se the district court's orders (1) granting the National Railroad Passenger Corporation's ("Amtrak") motion for partial summary judgment on Merten's claims unde...

  • Schroeder v. Smythe W Hcf 1 10 Psd
    29 F3d 634
    MEMORANDUM Eric Schroeder appeals the district court's order granting summary judgment in favor of the defendants, the State of Hawaii and various state employees at the Halawa Correctional Facility ...

  • Scott v. Gier
    29 F3d 634
    MEMORANDUM Robert R. Scott, a Washington state prisoner, appeals pro se the district court's summary judgment for defendant prison officials in Scott's 42 U.S.C. Sec. 1983 action. Scott alleged that...

  • King v. Provident Life and Accident Insurance Company
    23 F3d 926
    S. Dennis Joiner, Joiner & Polk, Don H. Goode, Dossett, Goode, Barnes & Broom, Jackson, MS, for plaintiffs-appellants. Kenna L. Mansfield, Jr., Roy H. Liddell, Wells, Wells, Marble & Hur...

  • White v. P Ieyoub
    25 F3d 245
    Marvin Craig White, convicted in Louisiana of armed robbery, appeals the dismissal of his 28 U.S.C. Sec. 2254 habeas corpus petition. We affirm. While exiting the parking lot of his Sunset, Louisia...

  • United States v. Wittie
    25 F3d 250
    Plaintiff-Appellant the United States (the government) appeals the district court's dismissal of its two-count indictment that charged Defendant-Appellee Steven Kurt Witte with conspiracy and attempt ...

  • Cristobal v. Siegel
    26 F3d 1488
    Appellants ("the Cristobals") challenge an order of the District Court of Guam Appellate Division ("Appellate Division") affirming the grant of summary judgment by the Superior Court of Guam ("Guam Su...

  • United States v. Ramos 93 1220
    27 F3d 65
    We confront, once again, a problem which no court, trial or appellate, should have to face in this circuit. Although we have unequivocally required since 1977 that government agents preserve rough no...

  • Modular Structures Inc First Indemnity Of America Insurance Company v. Modular Structures Inc
    27 F3d 72
    This appeal arises from the Chapter 7 bankruptcy proceedings of Modular Structures, Inc. ("Modular"). Prior to filing for bankruptcy on March 8, 1991, Modular had contracted to construct a new corpo...

  • United States v. F Dolt Iii
    27 F3d 235
    Defendant William Dolt III appeals his sentence imposed upon his plea of guilty to possession with intent to distribute and distribution of cocaine, in violation of 21 U.S.C. Sec. 841(a)(1). He raise...

  • Wactor v. Spartan Transportation Corporation
    27 F3d 347
    James Wactor and Darlene Wactor appeal the judgment of the trial court in this maritime action for neck and back injuries suffered by James Wactor in April 1988, while he served as deckhand on the M/V...

  • American Spirit Graphics Corp v. Toshiba Machine Company Ltd
    27 F3d 353
    Plaintiff American Spirit Graphics Corp. (ASG) appeals from the district court's order granting summary judgment to defendants Toshiba Machine Co., Ltd. and Toshiba Machine Co., America (collectively...

  • Nulph v. Faatz
    27 F3d 451
    George William Nulph, an Oregon state prisoner, appeals the district court's denial of his petition for habeas corpus under 28 U.S.C. Sec. 2254. Nulph claims that the Oregon State Board of Parole vio...

  • Bishop v. L Andrews
    27 F3d 562
    Ronald Bishop appeals from a district court order that granted summary judgment to the Defendants in his 42 U.S.C.Sec. 1983 (1988) action. The court stated in its opinion that it granted summary judg...

  • Ripley v. J Bailey
    27 F3d 563
    Elizabeth Bailey, Reginald King, the United States, and seven other parties were named as Defendants in an interpleader action filed in the district court to determine rights to a sum of money owed to...

  • United States v. Boyd
    27 F3d 564
    Lonnie Boyd, Jr. appeals from his jury convictions of three drug offenses: possession with intent to distribute cocaine base (21 U.S.C. Sec. 841(a)(1) (1988)); maintaining a dwelling for the purpose...

  • United States v. Cole
    27 F3d 564
    Joseph Burton Cole appeals from a district court order that committed him to the custody of the Attorney General under 18 U.S.C. Sec. 4245 (1988) for transfer to a suitable facility for treatment for ...

  • United States v. Wallace
    27 F3d 564
    Appellant Gary Lynn Wallace ("Wallace") was charged in an eight count indictment with conspiracy to misapply bank funds and with the substantive counts of misapplication, or aiding and abetting in the...

  • United States v. Mohammed
    27 F3d 815
    Defendant-appellant Ashfaq Mohammed appeals from an August 9, 1993 judgment of conviction and sentence entered in the United States District Court for the Southern District of New York (Walker, Circui...

  • Nysa Ila Medical and Clinical Services Fund Bowers v. Axelrod
    27 F3d 823
    The Trustees of NYSA-ILA Medical & Clinical Services Fund (the "Fund") brought this suit seeking a declaration that the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. Sec. 1001 et se...

  • Frazier v. Rominger
    27 F3d 828
    Plaintiffs brought an action under the Fair Housing Act, 42 U.S.C. Sec. 3601 et seq., and under 42 U.S.C. Sec. 1982, alleging that defendants unlawfully discriminated against the individual plaintiffs...

  • New York State Association Of Realtors Inc v. S Shaffer
    27 F3d 834
    This appeal requires us to decide primarily whether a regulation banning the solicitation of residential property owners by real estate brokers and salespersons in designated geographic areas, ostensi...

  • United States v. Hannigan
    27 F3d 890
    Eugene Hannigan appeals from his conviction for one count of mail fraud, in violation of 18 U.S.C. Sec. 1341. Because there was insufficient evidence produced at trial that the United States mails we...

  • Maxway Corporation
    27 F3d 980
    During the bankruptcy proceedings of Maxway Corporation and Danners, Incorporated (collectively "Debtors"), the Official Committee of Unsecured Creditors (the Committee) brought this action against Ma...

  • Megenity v. L Stenger Tr H
    27 F3d 1120
    Plaintiff, Mark Megenity, appeals from a summary judgment granted in favor of defendants. Megenity had administratively appealed his dismissal for academic reasons from the University of Louisville S...

  • Vernon v. City Of Los Angeles
    27 F3d 1385
    William Bently Ball, Elizabeth B. Place, Ball, Skelly, Murren & Cornell, Harrisburg, PA, David L. Casterline, Casterline & Agajanian, Los Angeles, CA, for plaintiff-appellant. Louis R. Mille...

  • Mays v. Department Of Transportation
    27 F3d 1577
    Geneva Mays appeals the decision of the Merit Systems Protection Board (Board), Docket No. DC0752930175-I-1, which became final on August 3, 1993, 58 M.S.P.R. 448, when the Board denied review of the ...

  • United States v. Payton
    28 F3d 17
    Appellant Virgil Mendel Payton ("Payton") was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). Section 2K2.1(a)(2) of the United States Sentencing Guide...

  • United States v. McLaughlin
    28 F3d 1214
    This pro se federal prisoner appeals a district court order denying his motion to correct erroneous information in a presentence report. He has filed a motion for appointment of counsel. The governm...

  • National Labor Relations Board v. Chevron Usa Inc
    28 F3d 107
    MEMORANDUM Pursuant to Sec. 10(e) of the National Labor Relations Act ("Act"), 29 U.S.C. Sec. 160(e), the National Labor Relations Board ("Board") has applied to this court seeking enforcement of its...

  • United States v. Alba Esqueda
    28 F3d 108
    The government appeals from Alba-Esqueda's judgment of conviction, contending the district court improperly departed from the range of 77 to 96 months arrived at in the presentence report under the Se...

  • United States v. Cortes Cabrera
    28 F3d 108
    Cortes-Cabrera appeals from his judgment of conviction following his sentence of 70 months' imprisonment as a result of his guilty plea to being present in the United States after prior deportations i...

  • United States v. Morales
    28 F3d 109
    Morales appeals from his sentence of 77 months' imprisonment following his guilty plea to being present in the United States after prior deportations in violation of 8 U.S.C. Sec. 1326(a), (b)(1), (b)...

  • United States v. Marts
    28 F3d 109
    MEMORANDUM Charles Dewitt Marts appeals his conviction for being a felon in possession of ammunition in violation of 18 U.S.C. Sec. 922(g)(1). Prior to trial, the parties agreed to stipulate that Ma...

  • United States v. Jimenez Alatriste
    28 F3d 109
    Jimenez-Alatriste appeals from his conviction after a conditional guilty plea. He was sentenced to 57 months' imprisonment for being present in the United States after prior deportations in violation...

  • United States v. L Salter
    28 F3d 110
    MEMORANDUM Salter appeals the district court's decision upholding his convictions pursuant to guilty pleas and a bench trial before a magistrate judge. He contends that his conviction for operating ...

  • Sierra Club
    28 F3d 753
    The Sierra Club and various other organizations and individuals (the Sierra Club), together with the State of Arkansas, sought judicial review of the United States Forest Service's Amended Land and Re...

  • Burchett v. Webb
    28 F3d 1213
    Before: KENNEDY and JONES, Circuit Judges; and GRAHAM, District Judge. William A. Burchett, a pro se federal prisoner presently incarcerated at the Federal Correctional Institution in Manchester, ...

  • Thompson v. Odea
    28 F3d 1214
    Mitchell Thompson, a pro se Kentucky 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 ...

  • United States v. Ehrler
    28 F3d 1214
    Defendant, Jeffrey Elden Ehrler, appeals from the district court's order revoking his term of supervised release and committing him to the custody of the Attorney General for nine months. Ehrler chal...

  • United States v. D Odette
    28 F3d 1214
    Defendant, Timothy O'Dette, appeals his jury convictions for bank fraud and the sentence imposed. We affirm the convictions, but remand the case for resentencing. Defendant is a self-employed busin...

  • United States v. Lafay
    28 F3d 1214
    Counsel for all the parties in these two consolidated direct criminal appeals have waived oral argument and the panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a). In 199...

  • Trimble v. United States Internal Revenue Service
    28 F3d 1214
    Art Trimble, a pro se Tennessee resident, appeals a district court judgment dismissing his civil rights complaint filed pursuant to multiple statutes. The case has been referred to a panel of the cou...

  • United States v. E Williams
    28 F3d 1215
    George E. Williams appeals his conviction by a jury and the sentence imposed by the district court on charges of conspiracy to possess with the intent to distribute, aiding and abetting possession wit...

  • United States v. J Stokes
    28 F3d 1215
    Defendant appeals from his conviction for being a felon in possession of a firearm. He contends that erroneous evidentiary rulings made by the district court, as well as prosecutorial misconduct duri...

  • Wilson v. United States
    28 F3d 1215
    Before: KENNEDY and JONES, Circuit Judges, and GRAHAM, District Judge. Farrel Maurice Wilson, a pro se federal prisoner, appeals a district court order denying his motion to vacate, set aside or co...

  • 2
    28 F3d 1215
    Jerry Neal Wilson appeals pro se a district court judgment denying his motion to vacate, set aside or correct his sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a panel...

  • Zack v. United States
    28 F3d 1215
    This is an appeal from an order denying a motion to vacate sentence 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 Circu...

  • National Labor Relations Board v. Lakewood Engineering and Manufacturing Incorporated
    28 F3d 1216
    Before COFFEY and FLAUM, Circuit Judges, and MORAN, Chief District Judge. The National Labor Relations Board (the Board) petitions this court for the enforcement of its Decision and Order of April 2...

  • Thompson
    29 F3d 238
    Contending that the conditions of confinement in the Medina County Jail violated their constitutional rights, inmates Robert M. Thompson and Larry R. Holdsworth brought suit, pursuant to 42 U.S.C. Sec...

  • United States v. State Of Oregon
    29 F3d 481
    Appellant is the Confederated Tribes of the Colville Reservation ("Colville"), a confederation of eleven Indian tribes. In 1989, Colville sought to intervene in the underlying litigation that had beg...

  • Bradley v. Joliet Police Department
    30 F3d 136
    In the span of one year, Dawn Bradley has filed eleven appeals with this court. In this one, Bradley appeals the Rule 12(b)(6) dismissal of her complaint brought under 42 U.S.C. Sec. 1983 against the...

  • Kurczewski v. City Of Milwaukee Detective Patrick Ross
    30 F3d 136
    Brian K. Kurczewski brought this civil rights suit pursuant to 42 U.S.C. Sec. 1983. He alleges that the defendants violated his Fourth Amendment right to freedom from unlawful searches. Ross searche...

  • Schwartz v. D Oberweis
    30 F3d 136
    Before CUMMINGS and MANION, Circuit Judges, and MILLER, District Judge. In this interlocutory appeal, James D. Oberweis ("Oberweis") challenges the district court's denial of his motion to stay liti...

  • Young v. Inland Steel Company
    30 F3d 137
    Robert Young brought an employment discrimination action pursuant to Title VII of the Civil Rights Act of 1964 against his former employer, Inland Steel. The matter was tried before Magistrate Judge ...

  • Harrell v. Decatur County Ga
    22 F3d 1570
    Appellant, Linda Harrell, sued appellees, various Decatur County officials, following the shooting death of her husband. Harrell appeals the district court's order granting summary judgment in favor ...

  • United States v. Lot Fox Grove Alachua County Florida and
    23 F3d 359
    Savanah Wims ("Claimant") appeals the district court's civil forfeiture order of her residential property. Upon review, we affirm. In April 1992, the United States filed a forfeiture complaint agai...

  • United States v. Paul
    23 F3d 365
    In November 1992, a jury convicted Casey Lee Paul of one count of structuring or attempting to structure certain currency transactions, in violation of 31 U.S.C. Secs. 5322 and 5324(3), and two counts...

  • Izzarelli v. Rexene Products Company A N Izzarelli
    24 F3d 1506
    The primary issue in this action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Secs. 1001-1461, concerns when benefits accrued for the participants in a defined contribu...

  • National Treasury Employees Union v. Us Department Of The Treasury
    25 F3d 237
    The National Treasury Employees Union ("NTEU") and Carrie L. Bravo brought this action challenging an IRS employee questionnaire concerning personal use of drugs and alcohol as violating the Fifth Ame...

  • Veiga v. McGee
    26 F3d 1206
    This appeal requires us to determine the meaning of the term "disorderly" as used in the Massachusetts Alcoholism Treatment and Rehabilitation Act ("Chapter 111B"), generally known as the Protective C...

  • St Paul Fire and Marine Insurance Company v. Warwick Dyeing Corporation
    26 F3d 1195
    This case concerns the oft-litigated pollution exclusion clause commonly found in general liability insurance policies. Insurance coverage under this clause, or the lack thereof, has engendered bitte...

  • McDermott v. Lynch
    27 F3d 566
    This pro se Ohio state prisoner appeals a district court judgment dismissing his complaint as frivolous pursuant to 28 U.S.C. Sec. 1915(d). The case has been referred to a panel of the court pursuant...

  • United States v. L Harris
    27 F3d 111
    Timothy Harris appeals his conviction and sentence for driving while impaired by alcohol. He contends that the magistrate judge committed prejudicial error by submitting the criminal information to t...

  • Mdk Incorporated v. Mikes Train House Incorporated
    27 F3d 116
    The question before us is whether this court has jurisdiction to review a district court decision compelling a company to submit to discovery where it is not a party to the underlying litigation. Bec...

  • Consolidation Coal Company v. D Worrell
    27 F3d 227
    Consolidation Coal Company has petitioned for review of an order of the United States Department of Labor's Benefits Review Board affirming an award of benefits pursuant to the Black Lung Benefits Act...

  • Lamotte v. Roundys Inc
    27 F3d 314
    On October 15, 1992, plaintiff Glenn E. LaMotte, currently a resident of South Carolina, commenced this action in the State of Wisconsin Circuit Court for Waukesha County against his former employer, ...

  • Stomper v. Amalgamated Transit Union Local
    27 F3d 316
    Members of Amalgamated Transit Union Local 241 sued under the Labor-Management Reporting and Disclosure Act, seeking to inspect documents in the local's possession. The union soon provided most of th...

  • United States v. Sherrill
    27 F3d 344
    A jury convicted William Sherrill of possessing cocaine base with intent to distribute. See 21 U.S.C. Sec. 841(a)(1) (1988). Sherrill appeals and we affirm. A confidential informant told St. Louis...

  • Corrigan v. United States L Corrigan
    27 F3d 436
    In this tax refund case the Internal Revenue Service (IRS) asks us to reverse the district court's grant of attorney fees incurred by a pro se plaintiff prior to the preparation and filing of the inst...

  • Commonwealth Of Northern Mariana Islands v. R Lizama
    27 F3d 444
    This appeal turns on the construction and interpretation of local law by the Supreme Court of the Commonwealth of the Northern Mariana Islands (CNMI). We must decide whether the CNMI Supreme Court vi...

  • United States v. J Mueller
    27 F3d 494
    The question presented by this appeal is whether a person sentenced under a superceded sentencing guideline for determining the weight of LSD is entitled to a reduced sentence based on the new guideli...

  • United States v. Tovar
    27 F3d 497
    Reuben Tovar appeals from a sentence imposed after he pleaded guilty to conspiracy to distribute a controlled substance. We exercise jurisdiction pursuant to 18 U.S.C. Sec. 3742(a) and affirm. In M...

  • Berg v. Commander
    27 F3d 562
    Roy C. Berg, Jr., challenges his disenrollment from the United States Coast Guard Auxiliary. The Auxiliary is a volunteer, nonmilitary organization administered by the Commandant of the United States...

  • Hayward v. D Beshears
    27 F3d 563
    Appellant seeks to appeal the district court's order dismissing without prejudice his 28 U.S.C. Sec. 2254 (1988) action for failure to exhaust state remedies. Because Appellant could cure the defects...

  • Neff v. State
    27 F3d 563
    Appellant appeals the district court's order granting leave to proceed in forma pauperis and directing the Defendants to answer the complaint. We dismiss the appeal for lack of jurisdiction because t...

  • Head v. State Of North Carolina
    27 F3d 563
    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...

  • Muhammad v. Director
    27 F3d 563
    Appellant appeals the district court's order denying his motion for oral hearing in his 42 U.S.C. Sec. 1983 (1988) action. We dismiss the appeal for lack of jurisdiction because the order is not appe...

  • Pamaco Partnership Management Corporation v. Enning Pamaco Partnership Management Corporation Enning
    27 F3d 563
    On August 1, 1990, Pamaco Partnership Management Corporation (Pamaco) sued Joseph Enning individually and as a director, officer and majority shareholder of Hot Springs Autowash Corporation of America...

  • Pierce v. United States Postal Service
    27 F3d 563
    Appellant appeals the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint. Appellant's case was referred to a magistrate judge pursuant to 28 U.S.C. Sec. 636(b)(1)(B) (1988). ...

  • Justis v. Ashley
    27 F3d 563
    Appellant appeals from the district court's order adopting the magistrate judge's recommendation and dismissing without prejudice his civil rights complaint on the grounds of frivolousness under 28 U....

  • Swann v. Johnson Co Iii
    27 F3d 564
    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...

  • Tucker v. Dougherty
    27 F3d 564
    Appellant appeals the district court's order allowing Appellant's case to be filed and granting leave to amend his complaint. We dismiss the appeal for lack of jurisdiction because the order is not a...

  • United States v. Randolph
    27 F3d 564
    The grand jury indicted Jackie Bernard Randolph for possession with intent to distribute crack cocaine in violation of 21 U.S.C.A. Sec. 841(a)(1), (b)(1)(A) (West 1981 & Supp.1994). The district ...

  • Wallace v. Charleston County Jail
    27 F3d 565
    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...

  • Wright v. E Taylor
    27 F3d 565
    Appellant appeals the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint. Acting pursuant to 42 U.S.C. Sec. 1997e (1988), the district court ordered Appellant to exhaust admin...

  • Wallace v. Fischer
    27 F3d 565
    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...

  • Wilson v. J
    27 F3d 565
    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...

  • Allen v. Johnson
    27 F3d 566
    John Daniel Allen appeals a district court judgment granting summary judgment for defendants in this civil rights action filed under 42 U.S.C. Sec. 1983. The case has been referred to a panel of the ...

  • Coplin and Associates Inc v. United States
    27 F3d 566
    In this tax case, the taxpayer, Coplin and Associates, Inc., filed an action against the government to quiet title. Coplin now appeals the order of the district court granting the government's motion...

  • Childs v. Hofbauer
    27 F3d 566
    Before: KENNEDY and SILER, Circuit Judges; and SPIEGEL, District Judge. Lynzell Childs, a pro se Michigan prisoner, appeals a district court judgment dismissing his civil rights action filed pursu...

  • Robinson v. Oakwood Hospital
    27 F3d 567
    Mattie Lee Robinson appeals the summary judgment in favor of the defendant, Oakwood Hospital, in this action brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e, et seq. The...

  • Mitchell v. Zent
    27 F3d 567
    Before: GUY and BOGGS, Circuit Judges; and WOODS, Senior District Judge. Ronald B. Mitchell, a pro se Ohio prisoner, appeals a district court order denying his petition for a writ of habeas corpus...

  • Schmidt v. United States
    27 F3d 567
    Erwin W. and Wanda A. Schmidt appeal the summary judgment for defendants in this civil action ostensibly filed under 26 U.S.C. Sec. 7432. The case has been referred to a panel of the court pursuant t...

  • United States v. Walker
    27 F3d 568
    Defendant Virgil Maurice Walker appeals his jury conviction and sentence for conspiracy to possess with intent to distribute and to distribute cocaine. 21 U.S.C. Sec. 841(a)(1). He argues that there...

  • United States v. E Melvin
    27 F3d 710
    The six defendants in this case were convicted on various charges arising from an attempted robbery of an armored truck. In an earlier opinion, we reversed their convictions based on the improper adm...

  • Favorito v. Pannell
    27 F3d 716
    This admiralty action stems from a late evening boating accident which resulted in serious injuries to plaintiffs-appellants. Although plaintiffs obtained default judgments against the operator of th...

  • Bowers Sy Nysa Ila v. Andrew Weir Shipping Limited Andrew Weir Shipping Limited
    27 F3d 800
    Two shipping companies appeal from a final judgment entered on April 13, 1993 by the United States District Court for the Southern District of New York (Leisure, J.), that confirmed an arbitration awa...

  • Pollack v. Laidlaw Holdings Inc
    27 F3d 808
    This is an interlocutory appeal, pursuant to 28 U.S.C. Sec. 1292(b), from an order issued in January 1993 in the United States District Court for the Southern District of New York, Peter K. Leisure, J...

  • United States v. A Moore
    27 F3d 969
    Appellant Jerry A. Moore was convicted by a jury of thirteen felony counts arising out of several schemes to obtain real estate loans and other economic opportunities by misrepresenting financial info...

  • United States v. A Urena
    27 F3d 1487
    Defendant, Rafael Urena, was convicted of one count of possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1) and 18 U.S.C. Sec. 2, one count of conspiracy to distribute...

  • United States v. Carhee
    27 F3d 1493
    Reginald Keith Carhee entered a conditional plea of guilty to possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841(a)(1). He appeals the district court's denial of his moti...

  • Blue Circle Cement Inc v. Board Of County Commissioners Of County Of Rogers
    27 F3d 1499
    This case arises from a municipality's exercise of its zoning authority to regulate hazardous waste disposal, recycling, and treatment within its borders. The Plaintiff-Appellant, Blue Circle Cement,...

  • United States v. Velasquez
    28 F3d 2
    Ana Marin de Velasquez appeals a sentence imposed in the United States District Court for the Eastern District of New York (Eugene H. Nickerson, J.), following her plea of guilty to importing heroin, ...

  • In The Matter Of Evelyn G Escobedo
    28 F3d 34
    Evelyn Escobedo ("Debtor") appeals from the decision of the district court affirming a bankruptcy court's order dismissing her proposed repayment plan ("Plan"), that apparently had already been confir...

  • United States v. Oconnor
    28 F3d 218
    Defendant Robert O'Connor and three others were indicted on eight counts charging violations of 18 U.S.C. Sec. 1343 (fraud by wire, radio, or television) and 18 U.S.C. Sec. 2 (Principals). The indict...

  • Ra Hildebrand v. Commissioner Of Internal Revenue
    28 F3d 1024
    The taxpayers in these consolidated cases, R.A. Hildebrand and Dorothy A. Hildebrand Wahl (the "Hildebrands") and Gary E. Krause ("Krause"), tax matters partner of Barton Enhanced Oil Production Incom...

  • United States v. Waddell
    28 F3d 1215
    Defendant Barbara Waddell ("Waddell") appeals her jury convictions and sentences imposed for conspiracy and unarmed bank robbery. Waddell argues the district court erred by: requiring a factual pred...

  • Colorado Department Of Social Services v. United States Department Of Health and Human Services
    29 F3d 519
    * The Colorado Department of Social Services (Colorado) appeals the district court order affirming the final agency action of the Department of Health and Human Services (HHS). That action sustained ...

  • Carter v. City Of National City
    29 F3d 630
    MEMORANDUM Michael Carter appeals from the jury verdict in favor of the City of National City in his 42 U.S.C. Sec. 1983 suit alleging the use of excessive force in effecting an arrest. We affirm. ...

  • Bennett v. Leen
    29 F3d 630
    MEMORANDUM Nevada state prisoner Gary Bennett appeals pro se the district court's sua sponte dismissal with prejudice of his 42 U.S.C. Sec. 1983 action against Clark County, Nevada prosecutor Tom Lee...

  • Bennett v. District Attorney Office
    29 F3d 630
    MEMORANDUM Gary Bennett appeals pro se the district court's dismissal of his action brought under 42 U.S.C. Sec. 1983. The district court held that Bennett's action was barred by the statute of limi...

  • Catalan Mendez v. Immigration and Naturalization Service
    29 F3d 630
    Before: BRUNETTI, KOZINSKI and BOGGS, Circuit Judges. MEMORANDUM The Board of Immigration Appeals dismissed petitioner's appeal from a decision of an Immigration Judge (IJ) finding him deportable ...

  • Capitol Indemnity Corporation v. H Canon R Capitol Indemnity Corporation
    29 F3d 630
    MEMORANDUM Calvin H. Canon appeals a judgment in favor of Capitol Indemnity Corp. after a jury trial on Capitol's claims against Canon for fraud and misrepresentation, and for absolution of duties ow...

  • Garner v. E Shalala Hhs
    29 F3d 631
    MEMORANDUM Janis C. Garner appeals the district court's order denying her motion for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. Sec. 2412(d)(1)(A), following her successful suit...

  • Fadem v. United States
    29 F3d 631
    MEMORANDUM This case involves a land dispute between owners of high desert property in southern California and the Bureau of Land Management ("BLM"). Several actions instituted by the Fadems ("Appel...

  • Janson
    29 F3d 632
    MEMORANDUM Robert N. Janson and Patsy J. Janson appeal the District Court's decision to grant the Appellees' motion for a directed verdict on behalf of the Appellant Robert E. Janson, their incompete...

  • United States v. Bingham
    29 F3d 634
    Raymond Bingham was found to have participated in a cocaine distribution organization that operated from two apartments in the same complex. Bingham appeals his conviction for conspiracy and possessi...

  • Redd v. Marshall
    29 F3d 634
    MEMORANDUM Paul A. Redd, Jr. appeals pro se the District Court's grant of summary judgment for Appellee Charles Marshall, the warden of Pelican Bay State Prison, in Redd's 42 U.S.C. Sec. 1983 action....

  • United States v. Holmes
    29 F3d 635
    MEMORANDUM Carl Richard Holmes ("Holmes") appeals his jury conviction and sentence under the Sentencing Guidelines for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g). ...

  • United States v. E Carroll
    29 F3d 635
    MEMORANDUM Royal Mayne Hopper (Hopper) and Wesley E. Carroll (Carroll) appeal their sentences following a plea of guilty to several counts of an indictment charging various federal crimes arising fro...

  • United States v. Jones
    29 F3d 636
    MEMORANDUM Wade Anthony Jones appeals his 18-month sentence for supervised release violations. He argues that the district court erred in departing from Chapter 7 of the Sentencing Guidelines and co...

  • United States v. Ledesma Castillo
    29 F3d 636
    Ledesma-Castillo appeals from his judgment of conviction following his sentence of 32 months' imprisonment as a result of his being present in the United States after prior deportations in violation o...

  • United States v. Morales Campuzano
    29 F3d 636
    Morales-Campuzano appeals from his judgment of conviction following his sentence of 77 months' imprisonment as a result of his guilty plea to being present in the United States after prior deportation...

  • United States v. Linares
    29 F3d 636
    Linares appeals from his judgment of conviction following his sentence of 71 months' imprisonment as a result of his guilty plea to being present in the United States after prior deportations in viola...

  • United States v. Rodriguez Esquivel
    29 F3d 637
    Rodriguez-Esquivel appeals from his judgment of conviction following his sentence of 77 months' imprisonment as a result of his guilty plea to being present in the United States after prior deportatio...

  • United States v. Strate
    29 F3d 637
    Before: FARRIS, O'SCANNLAIN and TROTT, Circuit Judges MEMORANDUM Joel Strate appeals his sentence for possession of an unregistered Sten 9 millimeter machine gun in violation of 26 U.S.C. Sec. 5861...

  • Green v. Brown
    36 F3d 1108
    The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(e) and to dismiss Stanley R. Green's appeal for lack of jurisdiction. Green opposes. Green seeks review of a decis...

  • Estrella v. Brown
    36 F3d 1108
    The Secretary of Veterans Affairs moves (1) to waive the requirements of Fed.Cir.R. 27(e), (2) to dismiss Honorio C. Estrella's appeal for lack of jurisdiction, and (3) to strike certain documents tha...

  • Summerlin v. Brown
    36 F3d 1109
    The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(e) and to dismiss James C. Summerlin, Jr.'s appeal for lack of jurisdiction. Summerlin has not filed a response. S...

  • Resolution Trust Corporation v. A Miramon
    22 F3d 1357
    The Resolution Trust Corporation (RTC) sued several officers and directors (collectively, "the defendants") of a failed savings and loan institution alleging 1) negligence, 2) breach of fiduciary duty...

  • Palmer v. Hospital Authority Of Randolph County G Md
    22 F3d 1559
    This case addresses a challenge by plaintiffs-appellants to the district court's dismissal of all claims against defendants-appellees for lack of subject matter jurisdiction. We agree with the distri...

  • Matthews v. Morales
    23 F3d 118
    Kevin Deon Matthews appeals the district court's dismissal of his suit alleging that Sec. 32.22 of the Texas Family Code violates his free exercise of religion. Because we find that Sec. 32.22 is log...

  • Eci Management Corporation v. Scottsdale Insurance Company
    23 F3d 354
    ECI Management Corporation entered into a management agreement to manage an apartment complex located in Marietta, Georgia. The complex was owned by Cobb-Bentley Associates, Ltd., a partnership contr...

  • McBride v. Sharpe
    25 F3d 962
    This case concerns a federal habeas petition under 28 U.S.C. Sec. 2254 (1988) and the rules of procedure applicable to such a petition. We granted rehearing en banc to decide whether a district court...

  • United States v. P Brown
    26 F3d 1124
    Appellant Andre P. Brown seeks reversal of his convictions of assault on a police officer with a dangerous weapon, in violation of D.C.Code Sec. 22-505(b), and carrying a pistol without a license, in ...

  • United States v. Patterson
    26 F3d 1127
    Corbin Patterson was convicted on September 15, 1992 of distributing more than 50 grams of cocaine base in violation of 21 U.S.C. Sec. 841(a)(1) and 841(b)(1)(A)(iii). On November 18, 1992 the distri...

  • Walsh v. Emergency One Inc
    26 F3d 1417
    Martin Walsh was a veteran Chicago fire fighter who was injured when he was thrown from the unenclosed seating atop a fire truck as the truck responded to an emergency call. The truck was designed by...

  • No 93 5080
    27 F3d 58
    The plaintiffs' attorney, Mark S. Guralnick, appeals the district court's imposition of sanctions in the amount of $7,000 pursuant to Fed.R.Civ.P. 11. Several months after the district court disposed...

  • Cr Tv Incorporated v. Shannondale Incorporated
    27 F3d 104
    C/R TV Cable, Inc. seeks a right of access to the Shannondale subdivision, a private residential community in Jefferson County, West Virginia, to provide cable television service to the subdivision ov...

  • Adkins v. City Of Huntington West Virginia
    27 F3d 110
    Firefighters in the City of Huntington, West Virginia (the City), filed this action alleging that the City's payment system had violated the overtime pay provisions of both the Fair Labor Standards Ac...

  • Henegar v. M Banta
    27 F3d 223
    In an order granting summary judgment, a federal district court dismissed Kenneth D. Henegar's defamation suit against William M. Banta, his former superior at the Norfolk and Western Railway Company,...

  • United States v. Walker
    27 F3d 417
    Ronald Walker appeals his sentence for illegally possessing firearms in violation of 26 U.S.C. Secs. 5861(d), 5861(i). We have jurisdiction pursuant to 18 U.S.C. Sec. 3742 and 28 U.S.C. Sec. 1291. W...

  • Davis v. Bender Shipbuilding and Repair Co Inc
    27 F3d 426
    This is an appeal by the estates of seamen who drowned in the Bering Sea after becoming trapped in the hull of a sinking vessel. The estates seek to recover damages for lost future earnings from the ...

  • 17841a Hodge v. Shalala
    27 F3d 430
    The Secretary of Health and Human Services ("Secretary") appeals the district court's holding that Gerald Hodge ("Hodge") was not required to offset a state lump-sum disability award ("lump-sum award"...

  • Hallums v. Hambrick
    27 F3d 566
    Before: MILBURN and NELSON, Circuit Judges; and COOK, Chief District Judge. Theresa Hallums, proceeding pro se, appeals a district court judgment denying her petition for a writ of habeas corpus f...

  • McNeil v. North Carolina Department Of Corrections
    28 F3d 1210
    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...

  • Ali v. McDade
    28 F3d 1208
    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...

  • Fairservice v. McCormick
    28 F3d 105
    MEMORANDUM John G. Fairservice, a Montana 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. Fairservice was convicted, fo...

  • Black v. United States
    28 F3d 104
    MEMORANDUM Antonio Garfield Black, a federal prisoner, appeals pro se the district court's 28 U.S.C. Sec. 1915(d) dismissal as frivolous of his action alleging that the government conspired to violat...

  • Etemad v. State Of California Department Of Toxic Substances Control
    28 F3d 105
    MEMORANDUM F. Farah Etemad appeals pro se the district court's Fed.R.Civ.P. 12(b)(6) dismissal of her action against the State of California Department of Toxic Substances Control ("DTSC") and two of...

  • Brue v. State Of Montana
    28 F3d 105
    MEMORANDUM Gene Brue appeals pro se the district court's denial of a request for injunctive relief, a motion to intervene, and a motion to remove a state court action. Brue also appeals the dismissa...

  • Kozlowski v. C Smith
    28 F3d 106
    MEMORANDUM Marek Kozlowski, a native and citizen of Poland, appeals the district court's denial of his petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. Sec. 2253, and we di...

  • Presley v. Secretary Of Health and Human Services
    28 F3d 108
    MEMORANDUM Tala D. Presley appeals pro se the magistrate judge's dismissal on summary judgment of her action challenging the Secretary of Health and Human Services' decision denying her application f...

  • United States v. Medina
    28 F3d 109
    MEMORANDUM Raul Flores Medina appeals his 168-month sentence imposed following entry of a guilty plea to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846. M...

  • United States v. Ramirez
    28 F3d 110
    MEMORANDUM Miguel Dario Ramirez appeals the district court's denial of both his Fed.R.Crim.P. 35(c) and 36 motions to correct his 151-month sentence imposed following a guilty plea for conspiracy to ...

  • United States v. Ninety Five Firearms A F
    28 F3d 940
    Curtis White ("White"), a licensed firearms dealer, appeals the forfeiture of ninety-five firearms seized by the Alcohol, Tobacco & Firearms Service ("ATF"). The seizure and forfeiture resulted f...

  • United States v. E Gaudin
    28 F3d 943
    We granted rehearing en banc in United States v. Gaudin, 997 F.2d 1267 (9th Cir.), rehearing granted, 5 F.3d 374 (1993), to decide whether the element of materiality in 18 U.S.C. Sec. 1001 is a questi...

  • Copley v. Arch Of West Virginia Incorporated
    28 F3d 1208
    Helen Hart Cox, United States Department of Labor, Washington, DC, for respondent Director; Sean Patrick Harter, Robinson & McElwee, Charleston, WV, for respondent Arch of West Virginia. ON BRI...

  • Franklin v. P Taylor T
    28 F3d 1209
    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 ...

  • Garland v. J Catland C Simpson
    28 F3d 1209
    Jerry Albert Garland appeals from the magistrate judge's order dismissing his complaint for failure to state a claim. Because we find that Garland's complaint stated a claim, we vacate and remand for...

  • Sledge v. Greene
    28 F3d 1210
    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. Davis
    28 F3d 1211
    Howard Davis entered a guilty plea to conspiracy to possess with intent to distribute and to distribute cocaine and crack cocaine in violation of 21 U.S.C.A. Secs. 841(a)(1), 846 (West 1981 & Supp...

  • Wooten v. Cl Woodard
    28 F3d 1212
    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. Sullivan
    28 F3d 1212
    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 Of America v. Roach
    28 F3d 1212
    Joseph Edward Roach appeals from the district court's judgment convicting him of possession of a firearm by a felon, in violation of 18 U.S.C.A. Sec. 922(g) (West 1976 & Supp.1994). We affirm. ...

  • Marquez v. S Gunn
    29 F3d 632
    Before: FLETCHER and D.W. NELSON, Circuit Judges, and WILL, Senior District Judge MEMORANDUM Alonzo Gutierrez-Marquez was convicted of second-degree murder with use of a firearm. After exhausting...

  • Schlang v. Commissioner Of Internal Revenue
    29 F3d 634
    MEMORANDUM Taxpayer Schlang filed amended returns for tax years 1981 and 1984, claiming $9,900 in investment tax credit pursuant to IRC Sec. 38. The Commissioner disallowed the claimed credits and n...

  • Sneed v. United States
    29 F3d 634
    MEMORANDUM Eddie Sneed, wife of decedent Herbert Sneed, appeals the district court's grant of summary judgment to the United States in her Federal Tort Claims Act (FTCA), 28 U.S.C. Secs. 1346(b), 267...

  • United States v. Mejia Cendejas
    29 F3d 636
    Mejia-Cendejas appeals from both his conviction and sentence for violating 8 U.S.C. Sec. 1326(a), (b)(2) which provides for a sentence of up to 15 years when an alien who has been deported following a...

  • Bass v. United States
    30 F3d 133
    Juan Bass, a pro se federal prisoner, 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 purs...

  • Gunn v. West E
    30 F3d 133
    Before: GUY and BOGGS, Circuit Judges; and WOODS, Senior District Judge. Donald L. Gunn, Sr., a pro se Kentucky state prisoner, appeals a district court order dismissing his civil rights complaint...

  • Gray v. L Collins
    30 F3d 133
    Before: KENNEDY and SILER, Circuit Judges; and SPIEGEL, District Judge. Archie Gray, a pro se Ohio prisoner, moves for counsel and appeals a district court order denying his petition for a writ of...

  • Larson v. Southeastern Repeater Association Inc
    30 F3d 133
    Before: MILBURN and NELSON, Circuit Judges; and COOK, Chief District Judge. James Herbert Larson appeals pro se from a district court judgment dismissing his complaint filed under the federal regu...

  • Ellison v. Leffler J H
    30 F3d 133
    Thomas H. Ellison, a pro se prisoner currently incarcerated at the Muskegon Correctional Facility (MCF) in Muskegon, Michigan, appeals a district court order dismissing his civil rights complaint file...

  • Haydoo v. General Electric
    30 F3d 133
    Plaintiffs ("Plaintiffs") appeal the district court's dismissal of their action for failure to prosecute pursuant to Fed.R.Civ.P. 41(b). For the reasons stated below, we AFFIRM the dismissal. This ...

  • King v. Schotten
    30 F3d 133
    N.D.Ohio, No. 93-02138; David D. Dowd, Jr., District Judge. AFFIRMED. BEFORE: GUY and BOGGS, Circuit Judges; and WOODS, Senior District Judge. Wayne King, a pro se Ohio prisoner, appeals a di...

  • Donald v. Mendel
    30 F3d 133
    Before: MILBURN and NELSON, Circuit Judges; and COOK, Chief District Judge. Roy D. Donald, a pro se Ohio prisoner, appeals a district court judgment dismissing his civil rights action filed under ...

  • Burchett v. Self Fbi
    30 F3d 133
    William A. Burchett, a pro se federal prisoner, appeals a district court judgment dismissing his civil rights complaint construed as being filed pursuant to Bivens v. Six Unknown Named Agents of Fed....

  • United States v. M Jackson
    30 F3d 134
    Before: GUY and BOGGS, Circuit Judges; and WOODS, Senior District Judge. Kareem M. Jackson, a federal prisoner, appeals his sentence imposed upon his guilty plea to three counts of bank robbery, i...

  • Simpson v. State
    30 F3d 134
    Before: MILBURN and NELSON, Circuit Judges; and COOK, Chief District Judge. Marcus Simpson, a pro se Ohio resident, appeals a district court judgment dismissing his petition for habeas relief file...

  • Nesbitt v. Jb Bogan
    30 F3d 134
    Frank A. Nesbitt, pro se, appeals a district court order dismissing his petition for a writ of habeas corpus which he filed under 28 U.S.C. Sec. 2241. The case has been referred to a panel of the cou...

  • Tarevski v. Immigration and Naturalization Service
    30 F3d 134
    Menan Tarevski petitions through counsel for review of an order of the Board of Immigration Appeals dismissing his appeal from a decision of an Immigration Judge denying his application for asylum or ...

  • Snider v. Sowders F L
    30 F3d 134
    Stanley Michael Snider, a pro se Kentucky prisoner, appeals a district court order denying his motion to reopen his civil rights action filed pursuant to Fed.R.Civ.P. 60(b)(2). The case has been refe...

  • Norton v. A Traughber
    30 F3d 134
    Before: GUY and BOGGS, Circuit Judges; and WOODS, Senior District Judge. Earl Edward Norton appeals a district court order dismissing his civil rights action filed pursuant to 42 U.S.C. Secs. 1983...

  • United States v. Bradley
    30 F3d 134
    Julie Marie Bradley, a pro se federal prisoner, appeals the denial of her motion for sentence credit, purportedly filed under 18 U.S.C. Sec. 3585(b). The case has been referred to a panel of the cour...

  • United States v. Melville
    30 F3d 134
    Clairmont Melville appeals his jury conviction for conspiring to possess with the intent to distribute over fifty grams of cocaine base, claiming that his right to a speedy trial under the Speedy Tria...

  • United States v. C Gustafson
    30 F3d 134
    Malcolm C. Gustafson, a pro se federal defendant, appeals his conviction on one count of disorderly conduct and one count of disobeying a lawful order of a police officer authorized to direct traffic ...

  • Stanley v. United States
    30 F3d 134
    Before: MILBURN and NELSON, Circuit Judges; and COOK, Chief District Judge. Earl Stanley appeals a district court order denying a motion he filed pursuant to 28 U.S.C. Sec. 2255 to vacate, set asi...

  • Wigal v. Commonwealth Of Kentucky
    30 F3d 135
    Jack Lee Wigal appeals pro se from a district court judgment dismissing his habeas corpus petition filed under 28 U.S.C. Sec. 2254. His appeal has been referred to a panel of this court pursuant to R...

  • Williams v. Pretzer
    30 F3d 135
    Robert E. Williams, a pro se Michigan prisoner, appeals district court orders granting summary judgment in favor of the defendants in this civil rights action filed pursuant to 42 U.S.C. Sec. 1983. T...

  • Vincent v. C Parke
    30 F3d 135
    Dean Vincent, a pro se Kentucky prisoner, appeals a district court order denying his motion filed pursuant to Fed.R.Civ.P. 60(b). The case has been referred to a panel of the court pursuant to Rule 9...

  • United States v. Moore
    30 F3d 135
    Lamont Moore appeals his federal conviction of one count of bank robbery, a violation of 18 U.S.C. Sec. 2113(a). The parties have waived oral argument, and the panel unanimously agrees that oral argu...

  • United States v. 620000 In United States Currency G
    30 F3d 135
    Before: MILBURN and NELSON, Circuit Judges; and COOK, Chief District Judge. Darrell G. Frazier, a pro se federal prisoner, appeals a district court judgment ordering the forfeiture of $6,200.00 in...

  • United States v. McConaghy
    23 F3d 351
    On October 6, 1992, Irvin Floyd McConaghy was indicted for one count of bank robbery in violation of 18 U.S.C. Sec. 2113(a). Trial was set for Monday, December 14, 1992. On Monday, December 7, McCon...

  • United States v. R Lance
    23 F3d 343
    In this appeal we determine how district courts should use the United States Sentencing Guidelines (USSG or Guidelines) to satisfy an ex post facto problem when sentencing a defendant under a differen...

  • Sea Vessel Inc Mv Sea Lion v. Reyes
    23 F3d 345
    On appeal, we address the issue of whether a case involving damages resulting from a fire on a vessel undergoing routine repairs in a dry dock on a navigable waterway is cognizable in admiralty. We h...

  • National Labor Relations Board v. McCarty Farms Inc
    24 F3d 725
    The National Labor Relations Board (the "Board") petitions for enforcement of its order directing McCarty Farms, Inc. (the "Company") to bargain with United Food and Commercial Workers International ...

  • United States v. Wright
    24 F3d 732
    Erick Earl Wright pled guilty to possession of a weapon. At sentencing, the district court made several factual findings and, based on those findings, made an upward departure from the sentencing gui...

  • Cohen v. Koenig
    25 F3d 1168
    Plaintiffs Stanley Cohen, Gerald A. Garfinkle, and Eastern Artists and Drafting Materials, Inc. ("Eastern"), appeal from a judgment entered in the United States District Court for the Southern Distri...

  • Reich v. Cambridgeport Air Systems Inc
    26 F3d 1187
    The Secretary of Labor ("the Secretary") brought this retaliatory discharge action in the United States District Court for the District of Massachusetts pursuant to Section 11(c) of the Occupational S...

  • Sun Buick Inc v. Saab Cars Usa Inc A
    26 F3d 1259
    The threshold issue presented by this appeal is whether an administrative agency, specifically the Pennsylvania Board of Vehicle Manufacturers, Dealers and Salespersons ("Pennsylvania Board of Vehicle...

  • United States v. Hines
    26 F3d 1469
    Roger Hines appeals the sentence imposed by the district court following his guilty pleas to making threats against the President, in violation of 18 U.S.C. Sec. 871, and being a felon in possession o...

  • Painting Industry Of Hawaii Market Recovery Fund v. United States Department Of Air Force Seattle Bui
    26 F3d 1479
    We have before us two cases in which labor organizations seek to procure records from government agencies under the Freedom of Information Act ("FOIA"), 5 U.S.C. Sec. 552. They seek to glean insight ...

  • United States v. Blizzard
    27 F3d 100
    ARGUED: Daniel G. Grove, Keck, Mahin & Cate, Washington, DC, for appellant. Michael Edward Rich, Asst. U.S. Atty., Alexandria, VA, for appellee. ON BRIEF: John M. Craig, Keck, Mahin & Cat...

  • Pelaez v. United States
    27 F3d 219
    Petitioner, Bernardo Pelaez, appeals the district court's denial of his motion to vacate his sentence pursuant to 28 U.S.C. Sec. 2255. The only issue on appeal is whether the district court erred in ...

  • Cgi Industries Incorporated
    27 F3d 296
    This case requires us to decide whether an appeal challenging the bankruptcy court's approval of a sale was rendered moot due to the appellants' failure to obtain a stay in advance of the sale. At th...

  • Lynch v. Public School Retirement System Of Missouri Board Of Trustees
    27 F3d 336
    Former state employees who contributed to the Public School Retirement System of Missouri (PSRS) brought a class action under 42 U.S.C. Sec. 1983 challenging a statutory scheme under which they are de...

  • Stephen Investment Securities Inc v. Securities and Exchange Commission
    27 F3d 339
    Stephen Investment Securities, Inc. (Stephen, Inc.) appeals the Securities and Exchange Commission's (SEC) order affirming a disciplinary action taken against Stephen, Inc. by the National Associatio...

  • United States v. C Bewley
    27 F3d 343
    David C. Bewley appeals from a final judgment entered in the United States District Court for the District of Nebraska sentencing him to 14 months imprisonment and 27 months supervised release, follow...

  • Rodriguez v. General Motors Corporation
    27 F3d 396
    Leroy Gibbs, an African-American, was hired by the General Motors ("GM") Van Nuys plant in 1957. In 1977, he attained the position of "General Supervisor, Maintenance," at Salary Level 7. In 1980, G...

  • Pacific Atlantic Trading Co Towers v. Chickering and Gregory
    27 F3d 401
    In this case, we are asked to decide whether a trustee's failure to pay the full amount of a debtor's rent obligation, under a nonresidential real estate lease, for the period following the order for ...

  • Siragusa Siragusa v. Siragusa
    27 F3d 406
    Dr. Vincent Siragusa appeals from the district court's judgment affirming the bankruptcy court's dismissal of his complaint based on comity. The bankruptcy court dismissed the action because it alrea...

  • United States v. Rosi
    27 F3d 409
    Jon M. Sands, Asst. Federal Public Defender, Phoenix, AZ, for defendant-appellant. W. Allen Stooks, Asst. U.S. Atty., Phoenix, AZ, for plaintiff-appellee. Appeal from the United States District Co...

  • Johnson v. United States Treasury Department
    27 F3d 415
    Jay Johnson has brought a race discrimination complaint against the United States Department of the Treasury and related defendants (collectively, "Treasury Department") pursuant to 42 U.S.C. Sec. 200...

  • Galaviz Medina v. Wooten Fci Co Us
    27 F3d 487
    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); Tenth ...

  • United States v. S Simon
    27 F3d 554
    In this 28 U.S.C. Sec. 2255 petition, Louis Simon advances two challenges to the calculation of his sentence under the Sentencing Guidelines. Specifically, he alleges that a two-level enhancement und...

  • Jackson v. Secretary Of Health and Human Services
    27 F3d 566
    Robert Jackson ("Jackson") filed an application for a period of disability and disability insurance on May 27, 1988. He claimed that he became disabled on July 7, 1985 because of problems with his le...

  • Jones v. Jackson National Life Insurance Company
    27 F3d 566
    In this diversity action arising out of the denial of liability under a life insurance policy, Jackson National Life Insurance Company appeals from the district court's grant of summary judgment in fa...

  • United States v. Shaw
    27 F3d 568
    The defendant appeals his jury conviction and sentence of 188 months for aiding and abetting in the possession of cocaine base with intent to distribute, in violation of 21 U.S.C. Sec. 841(a)(1) and 1...

  • United States v. Rodriguez
    27 F3d 569
    Pursuant to a written plea agreement, Billy Rodriguez ("Rodriguez"), who prefers to be known as Billy Valentin, pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine i...

  • Haynes v. M Pinkos
    27 F3d 569
    Before CUMMINGS and CUDAHY, Circuit Judges, and ROSZKOWSKI, District Judge. Plaintiffs Andrew Haynes and Linda Leaf appeal from an order denying their motion to reconsider the district court's dismi...

  • United States v. J Sarna
    27 F3d 569
    In October 1989, defendant entered a plea of guilty to counterfeiting over $2 million, in violation of 18 U.S.C. Secs. 471, 472. In January 1990, defendant failed to appear for sentencing. In April ...

  • Cameron v. McI H
    28 F3d 1208
    Appellant appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) claim as frivolous pursuant to 28 U.S.C. Sec. 1915(d) (1988). Our review of the record and the district cou...

  • County Sanitation District No 1 Of Los Angeles County v. Demennokerdoon Inc
    28 F3d 105
    MEMORANDUM County Sanitation District No. 1 of Los Angeles County ("District") appeals the district court's order affirming the bankruptcy court's grant of summary judgment in favor of DeMenno/Kerdoo...

  • Englert v. Small Business Administration
    28 F3d 105
    MEMORANDUM Vern W. Englert appeals pro se from the dismissal of his handicap discrimination claim against his former employer, the Small Business Administration ("SBA"). He contends that he was fire...

  • Davidson v. Secretary Of Health and Human Services
    28 F3d 105
    MEMORANDUM James Davidson appeals the judgment of the district court affirming the decision of the Secretary of Health and Human Services denying Davidson supplemental security income ("SSI") benefit...

  • Condes v. Immigration and Naturalization Service
    28 F3d 105
    MEMORANDUM The Immigration Judge (IJ) found Condes deportable under 8 U.S.C. Sec. 1251(a)(2)(A)(ii), because he was convicted of two crimes of moral turpitude not arising out of a single scheme of cr...

  • New Hampshire Insurance Company v. Blaze Construction Inc
    28 F3d 107
    MEMORANDUM New Hampshire Insurance billed Blaze Construction $551,562 for unpaid premiums due on a workers compensation policy. Blaze asserted that New Hampshire improperly calculated the premium an...

  • Nordstrom Inc v. Highway Group Inc
    28 F3d 107
    MEMORANDUM * Highway Merchandise Express, Inc. ("HMX-1"), an interstate motor common carrier, was a subsidiary of Burlington Air Express, Inc. From July 1987 through April 1989 American Home insure...

  • United States v. Banda Gutierrez
    28 F3d 108
    MEMORANDUM Jose Luis Banda-Gutierrez (Banda) appeals his jury conviction for possession of controlled substances with intent to distribute, in violation of 21 U.S.C. Sec. 841(a)(1); and possession o...

  • Rigsby v. Avenenti
    28 F3d 108
    Before: WALLACE, Chief Judge, CANBY, Circuit Judge, and KELLEHER, District Judge. Rigsby appeals from the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. Sec. 22...

  • United States v. Ibarra
    28 F3d 109
    MEMORANDUM Esteban Ibarra appeals his conviction of conspiracy to possess with the intent to distribute and to distribute heroin and cocaine, in violation of 21 U.S.C. Sec. 846. He contends his guil...

  • Villegas v. D Marshall
    28 F3d 110
    Before: WALLACE, Chief Judge, CANBY, Circuit Judge, and KELLEHER, District Judge. Villegas appeals from the summary judgment entered in his 42 U.S.C. Sec. 1983 action in favor of Johnson, Jourdan, ...

  • Wyatt v. Federal Aviation Administration
    28 F3d 111
    MEMORANDUM Glenn E. Wyatt ("Wyatt") petitions pro se for review of the denial of his appeal by the Administrator of the Federal Aviation Administration ("FAA"). We have jurisdiction pursuant to 49 U...

  • Jenkins v. Security Savings Bank Of Michigan D and Pc
    28 F3d 113
    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...

  • United States v. Ullyses Salazar
    28 F3d 932
    Ullyses-Salazar challenges his sentence of 70 months' imprisonment following his guilty plea to being present in the United States after a prior deportation, in violation of 8 U.S.C. Sec. 1326(a), (b)...

  • Coulter v. A Lanham Sr
    28 F3d 1208
    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...

  • Cooke v. A Bostick
    28 F3d 1208
    Arthur Cooke brought an action for damages under 42 U.S.C. Sec. 1983 and the Maryland Constitution against Baltimore city officials and state court officials after he was incarcerated in the Baltimore...

  • Henderson v. Kessler
    28 F3d 1209
    In August 1988, Appellant Roger Henderson was transported in a prison van by officers of the City of Richmond Sheriff's Department to Henrico County Jail in Virginia. While en route, the driver of th...

  • Holsey v. State S A A
    28 F3d 1209
    Appellant appeals the district court's order ruling on several prejudgment motions in this 42 U.S.C. Sec. 1983 (1988) action. To the extent that Appellant appeals the denial of his motion for a preli...

  • Dixon v. L
    28 F3d 1209
    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...

  • Cyrus v. State T
    28 F3d 1209
    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 ...

  • Meadows v. Kelly
    28 F3d 1210
    Nelson Meadows is a toll collector for the West Virginia Parkways Economic Development and Tourism Authority (PEDTA). He began a social relationship with Eleanor Ball, the supervisor of Barrier A, wh...

  • Thompson v. Smith T A
    28 F3d 1210
    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...

  • Peterson v. B Hunt E
    28 F3d 1210
    Appellant appeals from the district court's order dismissing his civil action under 42 U.S.C. Sec. 1983 (1988) without prejudice as frivolous. Because Appellant could cure the defects through amendme...

  • United States v. Grier
    28 F3d 1211
    Ricky Grier and Leonard Richardson appeal judgments entered on the verdict of a jury convicting them of conspiracy to possess with intent to distribute and to distribute cocaine in violation of 21 U.S...

  • United States Of America v. Michael A Kirksey
    28 F3d 1211
    Michael Kirksey seeks review of a district court order denying relief under 28 U.S.C. Sec. 2255 (1988). The district court entered its order on February 15, 1994, and Kirksey filed an unsigned notice...

  • United States v. D Longenette
    28 F3d 1211
    Appellant William D. Longenette pleaded guilty to charges of conspiracy to distribute cocaine and income tax evasion. After his direct appeal was dismissed for failure to file a timely notice of appe...

  • United States v. Martin
    28 F3d 1211
    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...

  • Rea v. Martin Marietta Corporation
    29 F3d 1450
    Plaintiff Barbara Van Den Arend appeals the district court's entry of summary judgment in favor of Defendant Martin Marietta Corporation on her age discrimination claim, Age Discrimination Employment ...

  • Barclays Bank Plc v. Franchise Tax Board Of California Colgate Palmolive Company
    512 US 298
    Joanne M. Garvey, San Francisco, CA, for petitioner Barclays Bank, PLC. James P. Kleier, San Francisco, CA, for petitioner Colgate-Palmolive Co. Drew S. Days, III, New York City, for the U.S., as ...

  • Reich v. Bay Inc Bbi
    23 F3d 110
    This appeal arises from proceedings the Secretary of Labor (the Secretary) instigated against Bay, Inc. (Bay), BBI, Inc. (BBI), and BBI president Allen Berry for violations of the Fair Labor Standar...

  • United States v. Bellazerius
    24 F3d 698
    Convicted on guilty pleas of conspiracy to manufacture methamphetamine in violation of 21 U.S.C. Sec. 846, Dino Bellazerius and Anthony L. Billa appeal their sentences. Concluding that the career off...

  • Foote Memorial Hospitalpcis Litigation Eds Corporation v. Wa Foote Memorial Hospital Inc
    25 F3d 406
    The district court entered summary judgment in favor of W.A. Foote Memorial Hospital on its claim that Western Financial Resources, Inc. and Lancaster Landscapes, Inc. (WFR/LLI) breached their covena...

  • United States v. L Hunt
    25 F3d 1092
    Appellant Waymon Hunt was convicted of tax fraud and mail fraud in violation of 26 U.S.C. Sec. 7206(2) (1988) and 18 U.S.C. Sec. 1341; sentenced to 57 months' imprisonment; and ordered to pay $153,5...

  • Piroglu v. Tr Coleman
    25 F3d 1098
    Maria Piroglu brought suit in district court against the District of Columbia, its then-Fire Chief T.R. Coleman, Fire Department Lead Inspector Roger Hooper and Police Sergeant Nora Coxeum (referred t...

  • United States v. Spencer
    25 F3d 1105
    The most serious issue presented in this case is whether, as the district court ruled, the career offender provisions of the Sentencing Guidelines are unconstitutional as applied to the defendant, Cor...

  • United States v. Klinginsmith
    25 F3d 1507
    Mark Bradley Klinginsmith and Fredrick Aldon Magee were jointly charged in the first count of a two-count indictment with unlawfully conspiring on November 12, 1992, to possess with an intent to distr...

  • United States v. Rodriguez
    26 F3d 4
    Carlos Julio Rodriguez appeals his sentence for illegal reentry into the United States after deportation, 8 U.S.C. Sec. 1326. We affirm. In April 1991, Rodriguez, a Colombian citizen, was deported ...

  • Acme Die Casting Division Of Lovejoy Industries Inc v. National Labor Relations Board
    26 F3d 162
    Acme Die Casting, a Division of Lovejoy Industries, Inc. ("Acme"), seeks to overturn an order of the National Labor Relations Board ("NLRB" or "Board"), finding that Acme committed unfair labor pract...

  • Gallant v. National Labor Relations Board
    26 F3d 168
    Karl Gallant, a disappointed FOIA requester, appeals from an order granting summary judgment in his action to obtain from the NLRB documentary records of the efforts of a Board member to secure her ow...

  • United States v. Cook S
    26 F3d 507
    The district court agreed with Cook, finding that his obstruction of justice conviction did not constitute a "violent felony" for the purposes of sentence enhancement under the ACCA. The court based ...

  • Medcenters Health Care v. Ochs A
    26 F3d 865
    This case involves the subrogation provisions of a health-plan contract entered into under the Federal Employees Health Benefit Act (FEHBA), 5 U.S.C. Sec. 8901 et seq. Lezlie Ochs and her son, Micha...

  • Stigall v. Madden
    26 F3d 867
    Roy O. Young, Jr. was murdered at a liquor store near Brinkley, Arkansas, and his car was later discovered burning in a road-side park in St. Francis County, Arkansas. Appellee Jimmy Burrow, a Monroe...

  • Turpen v. City Of Corvallis
    26 F3d 978
    Jennifer Turpen and Donald Thomas (Plaintiffs) brought a Sec. 1983 action against the City of Corvallis, alleging the City's termination without notice of their water service because their landlord fa...

  • 14129b Castellano v. Secretary Of Health and Human Services
    26 F3d 1027
    James G. Chakeres, Albuquerque, NM, for plaintiff-appellant. John J. Kelly, U.S. Atty., Gayla Fuller, Chief Counsel, Region VI, Christopher Carillo, Lead Atty., Dallas, TX, for defendant-appellee. ...

  • McCombs v. Cooledge Scdc
    27 F3d 563
    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...

  • United States v. Lavin
    27 F3d 40
    Defendant Kevin Lavin engaged in a sophisticated scheme to steal cash from hundreds of Citibank accounts. He installed electronic equipment in an automatic teller machine (ATM), which permitted him t...

  • Kelber v. Joint Industry Board Of Electrical Industry
    27 F3d 42
    Laura Kelber appeals from an adverse judgment in her civil rights suit following a jury trial. Kelber is a female electrician, a college graduate and mother of three young children. She sued the def...

  • Johns Manville Corporation Findley v. Laughead T M
    27 F3d 48
    This is an appeal by a group of beneficiaries of the Manville Personal Injury Settlement Trust ("the Trust") from the February 1, 1994, order ("the Order") issued jointly by the District Courts of the...

  • United States v. Jones
    27 F3d 50
    Defendant-appellant Jeffrey Jones appeals from a judgment of conviction entered December 3, 1992 in the United States District Court for the Eastern District of New York, Robert R. Merhige, Jr., Judge...

  • United States v. Willoughby
    27 F3d 263
    Randall Ray Willoughby was charged with eight counts of distributing cocaine and two counts of possessing cocaine with the intent to distribute, all in violation of 21 U.S.C. Sec. 841(a)(1), and one c...

  • Associated Milk Producers Inc v. Meadow Gold Dairies Inc
    27 F3d 268
    This appeal requires us to determine whether the district court erred in granting summary judgment in favor of a dairy in a contract dispute between the dairy and its milk supplier. For the reasons s...

  • Hudson v. T Hedge
    27 F3d 274
    Indiana is giving Robert Hudson the runaround. The Indianapolis police did not honor a court order in his favor. Ever since, public officials have been blaming each other; none is willing to make g...

  • United States v. F Redig
    27 F3d 277
    Debra Riggs Bonamici (argued), Crim. Div., Barry R. Elden, Asst. U.S. Atty., Criminal Receiving, Appellate Div., Chicago, IL, for plaintiff-appellee. Jonathan M. Minkus (argued), Skokie, IL, for de...

  • United States v. Burnom
    27 F3d 283
    Vincent Burnom contests only his sentence--a sentence enhanced under the Armed Career Criminal Act, 18 U.S.C. Sec. 924(e), by virtue of prior convictions. Burnom contends that one of the earlier conv...

  • United States v. Dorsey
    27 F3d 285
    Car dealer Robert Dorsey was convicted of nine counts of bank fraud in violation of 18 U.S.C. Sec. 1344 and one count of arson in violation of 18 U.S.C. Sec. 844(i). The district court sentenced Dors...

  • Equal Employment Opportunity Commission v. Elgin Teachers Association
    27 F3d 292
    For more than a decade, the Equal Employment Opportunity Commission has believed that portions of the collective bargaining agreements applicable to teachers in the public schools of Elgin, Illinois, ...

  • Alarcon v. Keller Industries Inc
    27 F3d 386
    Workers at Keller Industries' lawn furniture manufacturing plant in Merced, California brought this action against Keller when the plant was closed and they were given only one day of notice of the cl...

  • Hurley v. State Of Oregon
    27 F3d 392
    Neil M. Hurley represents a class of employees ("Class") of the Oregon State Police. The Class appeals the district court's summary judgment ruling, which held that its members were paid on a "salary...

  • Armijo v. Atchison Topeka and Santa Fe Railway Company
    27 F3d 481
    On consideration of the petition for rehearing and suggestion of rehearing en banc of defendant-appellee Atchison, Topeka and Santa Fe Railway Company (Santa Fe), the response thereto of plaintiff-app...

  • In Re Grand Jury Proceedings
    27 F3d 554
    Respondent John Doe appeals a district court order holding him in civil contempt for refusing to comply, without just cause, with a court order directing him to testify before a grand jury. 28 U.S.C....

  • Boothe v. C E Thompson
    27 F3d 562
    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...

  • Brown v. A Williams
    27 F3d 562
    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...

  • Carr v. Williams
    27 F3d 562
    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...

  • Bullock v. V Rickards
    27 F3d 562
    Appellant appeals from the district court's order denying relief on his 28 U.S.C. Sec. 2241 (1988) petition challenging determinations made by the Parole Commission. Our review of the record and the ...

  • Hayes v. G Cisneros M Hud W
    27 F3d 563
    Janet D. Hayes seeks review of a decision of the district court denying her petition for attorney's fees and costs brought pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C.A.Sec. 2412 (Wes...

  • Jones v. County Of Nottoway K
    27 F3d 563
    The final order in this case was filed on October 27, 1993; Appellant filed a notice of appeal on February 4, 1994-outside the thirty-day appeal period established by Fed. R.App. P. 4(a)(1). Howeve...

  • Garrett v. Merchants Incorporated
    27 F3d 563
    Plaintiff Michael Garrett sued his former employer, Merchant's, Inc. under the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Sec. 1001, et seq. (1988), alleging Merchant's term...

  • Republican Party Of North Carolina v. North Carolina State Board Of Elections
    27 F3d 563
    Before RUSSELL, WILKINS, and HAMILTON, Circuit Judges. The issue presented is the propriety of a preliminary injunction granted by the district court changing the method of electing North Carolina s...

  • Green v. B Smith
    27 F3d 563
    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...

  • Oliva v. Dixon
    27 F3d 563
    Appellant appeals from the district court order dismissing his 42 U.S.C. Sec. 1983 (1988) action without prejudice for failure to exhaust administrative remedies. We dismiss the appeal as interlocuto...

  • United States v. Hartz
    27 F3d 564
    On April 20, 1994, the government moved for a hearing to determine the mental competency of the appellant, Lynn Richardson Hartz, pursuant to 18 U.S.C. Sec. 4241(a). The district court granted the mo...

  • United States Of America v. Oriakhi
    27 F3d 564
    Appellant appeals from the district court's orders dismissing his second 28 U.S.C. Sec. 2255 (1988) motion and denying his motion for reconsideration under Fed.R.Civ.P. 59(e). Our review of the recor...

  • Umholtz v. L Brady
    27 F3d 564
    This case presents the question of whether the dominant shareholder of a close corporation violated his fiduciary duty owed to another shareholder by failing to expressly inform the other shareholder ...

  • United States Of America v. Brown
    27 F3d 564
    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....

  • White v. B May
    27 F3d 565
    Appellant appeals from the district court orders dismissing his 42 U.S.C. Sec. 1983 (1988) complaint and denying reconsideration. Our review of the record and the district court's opinion discloses t...

  • Wallace v. Hill W
    27 F3d 565
    Appellant appeals the magistrate judge's order notifying Appellant of his rights to reply to the Defendant's motions to dismiss filed in his 42 U.S.C. Sec. 1983 (1988) action. We dismiss the appeal f...

  • Duncan v. Village Of Middlefield
    27 F3d 566
    Defendant, the Village of Middlefield, Ohio ("Village"), appeals the district court's denial of its motion for attorney's fees pursuant to 42 U.S.C. Sec. 1988. On appeal, the issues are (1) whether t...

  • United States v. Alston J
    27 F3d 567
    The three defendants in this case--Harold Alston ("Alston"), Lewis J. Brown ("Brown"), and Harold Lee Mosley, Jr. ("Mosley")--appeal their convictions on various counts related to the distribution of...

  • United States v. G Gaumer
    27 F3d 568
    Defendant Richard G. Gaumer appeals, pro se, his convictions following his pleas of nolo contendere to three counts of willfully failing to file an income tax return in violation of 26 U.S.C. Sec. 720...

  • United States v. B Evans
    27 F3d 1219
    Ronald B. Evans appeals his conviction for five counts of a six-count indictment returned against him for allegedly operating an automobile chop shop out of his father's garage in Hebron, Indiana. Co...

  • Benlitifah v. Immigration and Naturalization Service
    28 F3d 104
    Before: WIGGINS, THOMPSON, Circuit Judges, EZRA, District Judge, sitting by designation. MEMORANDUM Petitioners Kamal Benlitifah ("Petitioner") and his wife Zenab Zriba (collectively "Petitioners"...

  • Dodge v. United States Internal Revenue Service
    28 F3d 105
    MEMORANDUM Gilbert Michael Dodge appeals pro se the district court's denial of his motion for reconsideration and his two motions to alter or amend the district court's judgment dismissing for lack o...

  • Butler v. Commissioner Of Internal Revenue
    28 F3d 105
    MEMORANDUM Howard and Elaine Butler appeal pro se the district court's dismissal for failure to state a claim of their quiet title action against the Internal Revenue Service ("IRS"). The Butlers al...

  • Industrial Services Company v. Rjw Construction Company Inc
    28 F3d 106
    MEMORANDUM RJW Construction Company ("RJW") appeals the district court's dismissal of its counterclaims against Industrial Services Company ("Industrial"). We dismiss the appeal for lack of jurisdic...

  • Hinshaw v. S Mahler
    28 F3d 106
    MEMORANDUM The issues in this case are whether the Tribal Court of the Confederated Salish and Kootenai Tribes of the Flathead Reservation has (1) subject matter jurisdiction over Gloria and Ken Mahl...

  • Klusek v. Immigration and Naturalization Service
    28 F3d 106
    Before: WIGGINS, THOMPSON, Circuit Judges and EZRA, District Judge. MEMORANDUM Adam Klusek ("Petitioner"), while in Alaska to join a Polish fishing vessel, abandoned his assignment and filed for a...

  • Marrone v. F Hames
    28 F3d 107
    Before: WRIGHT, WIGGINS and THOMPSON, Circuit Judges MEMORANDUM Frank Marrone is a state prisoner who petitions for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. He was convicted of vario...

  • United States v. Altshuler
    28 F3d 108
    MEMORANDUM Raphael Altshuler appeals his convictions following jury trial for conspiracy to distribute and possess with intent to distribute cocaine, aiding and abetting the distribution of cocaine, ...

  • United States v. Chiles
    28 F3d 108
    MEMORANDUM Kevin Lamar Chiles appeals his 190-month sentence imposed following his guilty pleas to armed bank robbery in violation of 18 U.S.C. Sec. 2113(a), (d), and using a firearm during a crime o...

  • United States v. Arango
    28 F3d 108
    MEMORANDUM Orlando DeJesus Arango appeals his 97-month sentence imposed following a guilty plea to conspiracy to distribute cocaine in violation of 21 U.S.C. Sec. 846. Arango contends that the distr...

  • United States v. Jantzer
    28 F3d 109
    MEMORANDUM Thomas Jantzer seeks reversal of the judgment of conviction for theft in violation of 18 U.S.C. Sec. 641 and depredation of government property in violation of 18 U.S.C. Sec. 1361. He con...

  • United States v. P Hollins
    28 F3d 109
    MEMORANDUM Michael P. Hollins appeals his 180-month sentence imposed after a jury convicted him of being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922(g)(1). Hollins contend...

  • United States v. W Ness
    28 F3d 109
    MEMORANDUM Randy W. Ness appeals his 15-year sentence imposed after a jury convicted him of two counts of being a felon in possession of a firearm, and one count of transporting stolen firearms, in v...

  • United States v. Strickland
    28 F3d 110
    MEMORANDUM Marvin D'Angelo Strickland appeals his conviction following jury trial for distributing cocaine in violation of 21 U.S.C. Sec. 841(a)(1). Strickland contends, first, that the evidence was...

  • United States v. Sharp
    28 F3d 110
    MEMORANDUM Michael Sharp appeals his 33-month sentence imposed following entry of a guilty plea to unlawful use of a communication device in violation of 21 U.S.C. Sec. 843(b). Sharp contends the di...

  • United States v. Phillip
    28 F3d 110
    MEMORANDUM Swinton Phillip appeals his pre-United States Sentencing Guidelines sentence imposed following entry of a guilty plea to misapplication of bank funds in violation of 18 U.S.C. Sec. 656. P...

  • Webb v. Commissioner Internal Revenue Service
    28 F3d 111
    MEMORANDUM Jerry D. Webb appeals pro se the tax court's September 9, 1993 order refusing to file his motion to dismiss for lack of subject matter jurisdiction. Webb filed his motion after the tax co...

  • Green v. Dl Franklin
    28 F3d 112
    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...

  • United States v. West
    28 F3d 748
    The government appeals the district court's grant of a new trial after a jury returned a guilty verdict against Matthew West for conspiracy to distribute and possess with intent to distribute lysergic...

  • United States v. Ward
    28 F3d 1212
    Ricky Ricardo Ward filed a Petition for Rehearing With Suggestion for Rehearing In Banc, requesting reconsideration of this Court's decision affirming the district court's denial of relief under 28 U....

  • Spectra Physics Inc v. Symbol Technologies Inc
    29 F3d 645
    Spectra-Physics, Inc. and Spectra-Physics Scanning Systems, Inc. (Spectra) appeal the Order of the U.S. District Court for the District of Oregon, Civil No. 90-6409-HO (October 16, 1992), denying Spe...

  • McI Telecommunications Corporation v. American Telephone and Telegraph Company
    512 US 218
    Section 203(a) of Title 47 of the United States Code requires communications common carriers to file tariffs with the Federal Communications Commission, and § 203(b) authorizes the Commission to ...

  • Macias v. Raul A Badge No
    23 F3d 94
    This appeal turns primarily on the extent to which we are required to go beyond the allegations for an in forma pauperis, pro se complaint, and speculate as to the facts that the plaintiff might alleg...

  • Cockerham v. Chemical Corporation
    23 F3d 101
    Appellants, Phillip Cockerham, John A. Cockerham, Jr. and John Cockerham, Sr., appeal from the district court's grant of summary judgment for Appellee, Kerr-McGee Chemical Corporation. Appellants sue...

  • Petroleum Helicopters Inc v. Nancy T Garrett Lpt Pc T
    23 F3d 107
    This appeal arises from an Administrative Law Judge's order directing the defendants to reimburse the plaintiffs for payments they made pursuant to the Longshore and Harbor Worker's Compensation Act f...

  • Lauderdale v. Enterprise
    24 F3d 671
    This is a consolidated case involving three Mississippi school districts: the Lauderdale County School District ("Lauderdale"), the Enterprise School District ("Enterprise"), and the Quitman School D...

  • Galand v. McMehan
    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 accepting the recommendation of...

  • Barkley v. D R Carter E C
    25 F3d 1038
    Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint and denying various motions. Our review of the record and the district court's opinion dis...

  • Ali v. A Chniel
    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 accepting the recommendation of...

  • Jones v. Allsbrook
    25 F3d 1039
    Appellant appeals the magistrate judge's denial of his motion for appointment of counsel. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This Court may exercise ...

  • Selby v. Watkins
    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...

  • Staton v. F Porter
    25 F3d 1040
    Appellant appeals from the district court's order dismissing without prejudice his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that these...

  • Phelan v. A T Hanulik
    25 F3d 1040
    Richard T. Phelan filed this notice of appeal after he and the Defendants in this 42 U.S.C. Sec. 1983 (1988) action had filed motions for summary judgment but before the district court issued any ruli...

  • Pearsall
    25 F3d 1040
    This action arises from the district court's granting of summary judgment for the plaintiff-appellees. The district court initially held that collateral estoppel barred the defendant-appellants from ...

  • United States v. Carmichael
    25 F3d 1041
    Allyson Anton Carmichael pled guilty to being a felon in possession of a firearm, 18 U.S.C.A. Sec. 922(g) (West Supp.1994), and was sentenced to a term of 105 months imprisonment. Under his plea agre...

  • Norman v. Taylor
    25 F3d 1259
    Allain Delont Norman sued Norfolk Deputy Sergeant Otis Taylor under 42 U.S.C. Sec. 1983, alleging that Sergeant Taylor subjected him to "cruel and unusual punishment" in violation of the Eighth Amendm...

  • United States v. Johnson
    25 F3d 1335
    Defendant, Roy Lee Johnson, appeals his jury conviction and consecutive sentences. A panel of this court previously affirmed the conviction in United States v. Johnson, 986 F.2d 134 (6th Cir.1993). ...

  • Estate Of Ferdinand Marcos Human Rights Litigation Hilao v. Estate Of Marcos
    25 F3d 1467
    Defendant Estate of Ferdinand Marcos ("the Estate") appeals from the district court's order preliminarily enjoining the Estate from transferring, secreting or dissipating the Estate's assets pendente ...

  • United States Fire Insurance Company v. Kresser Motor Service Inc
    26 F3d 91
    In this declaratory judgment action, United States Fire Insurance Company (U.S. Fire) sought a determination of its rights and liabilities under an insurance policy after a vehicle of its insured, Kre...

  • Rockwell v. Cape Cod Hospital
    26 F3d 254
    Susan Rockwell ("Rockwell") brought this 42 U.S.C. Sec. 1983 action pro se in the district court against Cape Cod Hospital ("the Hospital"), a private institution, and two private physicians, who purs...

  • Spain v. E Gallegos
    26 F3d 439
    A female employee of the Equal Employment Opportunity Commission brings this appeal from orders of the district court dismissing her action against the EEOC alleging sexual and racial discrimination, ...

  • Threshermens v. Wallingford
    26 F3d 776
    This is an appeal from summary judgment determinations. Thresherman's Mutual Insurance Company ("Threshermen's") asserted claims of failure to indemnify or to make contribution against Liberty Mutual...

  • Doane v. Espy
    26 F3d 783
    Russell Doane owns Doane Farms in Dunn County, Wisconsin, where he raises dark red kidney beans and corn. He also owns a sixty percent interest in Chippewa Valley Bean Company ("CVBC"), a licensed pu...

  • 17825a Keller v. E Shalala
    26 F3d 856
    Mary Ann Keller appeals the district court's decision denying supplemental security income for her claim of disability. Mrs. Keller contends that she is disabled by a combination of mental retardatio...

  • United States v. F Strassburger
    26 F3d 860
    Peter Strassburger appeals the sentence imposed by the district court after his conviction in a bench trial on charges of conspiracy to commit wire fraud and sale of misbranded meat, 18 U.S.C. Secs. 2...

  • United States v. Wyatt
    26 F3d 863
    Glynn Wyatt pleaded guilty to possessing more than 100 marijuana plants with intent to distribute, in violation of 21 U.S.C. Secs. 841(a)(1) and (b)(1)(B), and 846. The district court departed from t...

  • Kell v. United States Parole Commission
    26 F3d 1016
    Petitioner Sam Richard Kell appeals from the denial of his pro se habeas corpus petition, filed pursuant to 28 U.S.C. Sec. 2241. His petition contained ten specific challenges to the United States Pa...

  • Spears v. United States Trustee
    26 F3d 1023
    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...

  • Okon v. Commissioner Of Internal Revenue
    26 F3d 1025
    Christa M. Okon, pro se. Loretta C. Argrett, Asst. Atty. Gen., Ann B. Durney, Scott P. Towers, Tax Div., Dept. of Justice, Washington, DC, for appellee. Before ANDERSON and KELLY, Circuit Judges, ...

  • Vennes v. An Unknown Number Of Unidentified Agents Of The United States
    26 F3d 1448
    After pleading guilty and nolo contendere to money laundering, firearm, and drug offenses and serving a lengthy prison sentence, Frank E. Vennes, Jr., commenced this action against unnamed federal age...

  • United States v. C Laughlin
    26 F3d 1523
    The principal issues in this appeal are whether the trial court adequately instructed the jury with regard to the requisite mens rea for medicaid fraud and, if reversibly erroneous on that score, whet...

  • Fleming v. United States Postal Service Amf Ohare
    27 F3d 259
    The plaintiff, a black woman who suffers from schizophrenia and a hearing impairment, was fired by the Postal Service in 1986. She filed a charge with the EEOC alleging breach of contract, retaliator...

  • Cokeley v. Endell
    27 F3d 331
    Dickie Cokeley appeals the district court's dismissal of his 42 U.S.C. Sec. 1983 action. We reverse and remand. Cokeley filed a pro se section 1983 complaint alleging that various Arkansas Departme...

  • Empire Bank v. Fidelity and Deposit Company Of Maryland
    27 F3d 333
    Empire Bank, having paid two-hundred thousand dollars to settle a customer's claim against it, seeks to recoup its losses from its financial institution bond carrier, Fidelity & Deposit Company of...

  • Smith v. Hitchcock
    27 F3d 554
    Plaintiff-appellant Andrew Smith appeals the district court's direction of a verdict for defendant- appellee, Brian Hitchcock, on appellant's intentional infliction of emotional distress claim. We su...

  • Wexler v. City Of Chicago
    27 F3d 570
    The plaintiff, Scott J. Wexler, a paramedic with the Chicago Fire Department, filed this 42 U.S.C. Sec. 1983 complaint alleging anti-semitic and discriminatory treatment by his supervisors and various...

  • St Helens Investment Inc v. Ab Baardson Red Crown Mill Supply Inc
    28 F3d 113
    Before TACHA, BRORBY, and EBEL, C.J. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this a...

  • Mackensworth v. Ss American Merchant
    28 F3d 246
    Acting as his own lawyer, Mackensworth then proceeded to contest subject matter jurisdiction in the Southern District. The district court, under the circumstances, dismissed for lack of subject matte...

  • Osborn v. McCauley L
    29 F3d 633
    MEMORANDUM Arizona state prisoner Kelly Dean Osborn appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action pursuant to Fed.R.Civ.P. 37 for failure to participate in a court-o...

  • Anderson v. Penza
    29 F3d 630
    MEMORANDUM Charles Oren Anderson, a Nevada state prisoner, appeals pro se the district court's dismissal of his action as frivolous under 28 U.S.C. Sec. 1915(d). We have jurisdiction under 28 U.S.C....

  • Barone v. Moran
    29 F3d 630
    MEMORANDUM Anthony Barone appeals pro se the district court's summary judgment for Michael Landino and other officers of the Las Vegas Metropolitan Police Department in Barone's 42 U.S.C. Sec. 1983 a...

  • Dumler v. Oregon State Prison
    29 F3d 631
    MEMORANDUM Carl Dumler, an Oregon state prisoner, appeals pro se the district court's (1) denial of his motion for a preliminary injunction; (2) denial of his motion to recuse the district court jud...

  • Echols v. Yukon Telephone Co Inc
    29 F3d 631
    MEMORANDUM William L. Echols appeals pro se the district court's denial of his Fed.R.Civ.P. 60(b) motion for relief from judgment and his two motions for reconsideration of that order in his action a...

  • Kulas v. Hantman
    29 F3d 632
    MEMORANDUM Theodore C. Kulas, an Arizona state prisoner appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition for failure to exhaust state remedies. Kulas was conv...

  • Jackson v. Moro
    29 F3d 632
    MEMORANDUM Sherry Jackson appeals pro se the district court's dismissal of her 42 U.S.C. Sec. 1983 civil rights action. We are required to raise issues concerning our jurisdiction sua sponte. McGu...

  • Jimison v. M Burns
    29 F3d 632
    MEMORANDUM Curtis C. Jimison, a Nevada state prisoner, appeals pro se the district court's dismissal of Jimison's 42 U.S.C. Sec. 1983 action alleging that he is being deprived of his liberty due to h...

  • Harris v. A Lewis
    29 F3d 632
    MEMORANDUM Marcos Harris, an Arizona state prisoner serving a forty-eight-year sentence for manslaughter, kidnapping, aggravated assault, and theft, appeals pro se the district court's denial of his ...

  • Martin v. Jd Swinson
    29 F3d 633
    MEMORANDUM Tommy Martin, Jr., a federal prisoner, appeals pro se the district court's summary judgment in favor of defendant prison officials in his action under Bivens v. Six Unknown Named Agents o...

  • Shepard v. Teledyne Ryan Aeronautical
    29 F3d 634
    MEMORANDUM Robert W. Shepard appeals pro se the district court's summary judgment for defendant Teledyne Ryan Aeronautical ("Teledyne") in Shepard's employment discrimination action. Shepard contend...

  • United States v. Gardner
    29 F3d 635
    MEMORANDUM Dennis E. Gardner, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2255 motion to vacate his sentence. We review de novo, United States v. Angelon...

  • United States v. Ceballos Villalobos
    29 F3d 635
    MEMORANDUM Luis Ceballos-Villalobos appeals his 121-month sentence following his guilty plea to possession with intent to distribute heroin in violation of 21 U.S.C. Sec. 841(a)(1). Ceballos-Villalo...

  • United States v. Guidry
    29 F3d 635
    MEMORANDUM Garland Guidry was convicted of armed bank robbery in violation of 18 U.S.C. Sec. 2113(a) & (d) and use of a firearm during the commission of a crime of violence in violation of 18 U.S...

  • United States v. Ortiz Marquez
    29 F3d 636
    Before: REINHARDT and T.G. NELSON, Circuit Judges, and KAUFMAN, District Judge. MEMORANDUM Jaime Ortiz-Marquez and Cain Barajas-Arredondo appeal their convictions following a jury trial for conspi...

  • United States v. D Johnson
    29 F3d 636
    MEMORANDUM Earl D. Johnson appeals pro se the district court's summary judgment in favor of the United States in the government's action to recover on several defaulted student loans. We have jurisd...

  • United States v. Vizcarra
    29 F3d 637
    MEMORANDUM Jesus Alonso Vizcarra was convicted, following a jury trial, of conspiracy to distribute and to possess with intent to distribute a controlled substance, in violation of 21 U.S.C. Sec. 846...

  • Kreimerman v. Casa Veerkamp Sa Cv
    22 F3d 634
    Plaintiffs-Appellants Alberto Kreimerman, Hermes International, Inc. and Hermes Trading Company d/b/a Hermes Music (collectively "Kreimerman et al.") sued Defendants-Appellees Casa Veerkamp, S.A. de C...

  • Burden v. Zant
    24 F3d 1298
    Jimmie Burden, Jr., is a Georgia prison inmate who was convicted in 1982 of four counts of murder for slaying a mother and her three young children; he was sentenced to death on three of those counts...

  • Torres v. Oneill
    25 F3d 1053
    Raphael Torres, 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. Torres is a state prisoner inc...

  • Ilq Investments Inc v. City Of Rochester
    25 F3d 1413
    Rochester is a city of 75,000 people in southern Minnesota. In April 1988, Rochester enacted Ordinance No. 2590, a zoning ordinance that defines and restricts the location of "adult establishment use...

  • Benfield v. Mocatta Metals Corporation
    26 F3d 19
    Evelyn Benfield and Albert Kinzinger, Jr. appeal from a judgment of the United States District Court for the Southern District of New York (Preska, J.) dismissing on statute of limitation grounds the...

  • Shernoff v. McMahan Brafman
    26 F3d 132
    MEMORANDUM William M. Shernoff sued McMahan, Brafman, Morgan & Co. ("MBM") for securities fraud in relation to his investment in a New York limited partnership in 1982. Shernoff appeals the dis...

  • Cardinal v. United States
    26 F3d 48
    What is the proper measure of a taxpayer's interest in real property purchased under a land contract for purposes of assessing the value of a federal tax lien? The district court held that the taxpa...

  • James Miller v. Yazoo Manufacturing Company
    26 F3d 81
    James Miller was mowing the grass in his backyard when he and his Yazoo Red Rider riding lawnmower tumbled down the side of a 10-foot-high ravine. Miller's right arm was injured, and two fingers on h...

  • Wg Howard v. T Suskie
    26 F3d 84
    Responding to complaints of financial mismanagement and conflicts of interest, John T. Suskie as Manager of the Department of Housing and Urban Development office in Little Rock, Arkansas, imposed a "...

  • Jackson v. City Of Little Rock
    26 F3d 88
    Ralph Jackson appeals the district court's judgment and the jury's verdict in his action under Title VII and 42 U.S.C. Sec. 1983. Jackson argues that (1) the district court should have quashed the ju...

  • Adair v. Commissioner Of Internal Revenue
    26 F3d 129
    MEMORANDUM Two groups of taxpayers ("Casey/Cameron" and "Adair") seek to intervene in two of fourteen test cases (Thompson and Cravens ) that were tried before the Tax Court. In the motions to inter...

  • Eldridge v. Terreault
    26 F3d 130
    MEMORANDUM Robert Eldridge, an Alaska state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. Eldridge was convicted of three counts of sex...

  • Palomino Macias v. Immigration and Naturalization Service
    26 F3d 131
    MEMORANDUM Pedro Palomino-Macias, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals (BIA)'s denial of his application for registry and a waiver of inadmissibili...

  • Johnson v. F Hames
    26 F3d 131
    MEMORANDUM William T. Johnson, convicted of extreme-indifference second-degree murder by an Alaska state court, appeals the district court's denial of his petition for habeas corpus. Johnson asserts...

  • United States v. Gable
    26 F3d 133
    MEMORANDUM Appellants John Gable, Mary Ann Funderburk and John Thomas were all participants in an interstate prostitution business which operated from 1987 to 1991. Appellants were charged with mone...

  • United States v. Carnet
    26 F3d 133
    MEMORANDUM Luis Carnet appeals from his sentence of 235 months' imprisonment for conspiracy to possess cocaine with intent to distribute and for possession of cocaine with intent to distribute. The ...

  • United States v. G Mason Ii B
    26 F3d 134
    MEMORANDUM Appellants Monty Mason II, Richard Noyer, Leonardo Radomile, and Lewis Koss appeal from their conviction and sentence for RICO and mail fraud, in violation of 18 U.S.C. Secs. 1962(c) and 1...

  • John Blair Communications Inc Profit Sharing Plan v. Telemundo Group Inc Profit Sharing Plan Ii
    26 F3d 360
    For the reasons that follow, we reverse. On April 10, 1987, JHR Acquisition Corp. acquired certain divisions of John Blair & Company ("Old Blair"), a diversified communications company. After t...

  • Ibj Schroder Bank Trust Company v. Resolution Trust Corporation
    26 F3d 370
    Resolution Trust Corporation ("RTC"), as conservator for Franklin Savings Association, appeals from a judgment of the United States District Court for the Southern District of New York (Leval, J.) hol...

  • Innovative Scuba Concepts Inc v. Feder Industries Inc
    26 F3d 1112
    Innovative Scuba Concepts, Incorporated appeals from a judgment of the United States District Court for the District of Colorado holding claim 4 of U.S. Patent 4,910,806 invalid under 35 U.S.C. Sec. 1...

  • Warren v. Director District Of Columbia Department Of Corrections
    26 F3d 1186
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented ...

  • Black v. United States District Court For Eastern District Of California
    26 F3d 1186
    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...

  • Edwin H Harvey v. Lee
    26 F3d 1186
    This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented ...

  • United States v. McAllister
    27 F3d 564
    Eddie Aubrey McAllister pled guilty to two counts of bank robbery, 18 U.S.C.A. Sec. 2113(a) (West Supp.1994). He was sentenced as a career offender to a term of 151 months. United States Sentencing ...

  • United States v. Meacham
    27 F3d 214
    Sean Meacham and Ramone Botello pled guilty to charges of conspiring to distribute controlled substances. Both defendants now challenge the sentences imposed by the district court, contending that th...

  • No 93 3350
    27 F3d 327
    Carol Long, owner of the defendant real property, appeals from a grant of summary judgment to the government in this 21 U.S.C. Sec. 881 forfeiture action. She raises several constitutional challenges...

  • United States v. Hopper
    27 F3d 378
    Bobby Lee Hopper (Hopper) appeals his sentence following a plea of guilty to several counts of an indictment charging various federal crimes arising from two robberies of the Stardust Casino in Las Ve...

  • In Re Francis S Gurley
    27 F3d 551
    Francis S. Gurley appeals the decision of the Board of Patent Appeals and Interferences, affirming the Examiner's rejection of all of the claims of application Serial No. 07/524,373. The Board determ...

  • Fp Corporation v. Golden West Foods Incorporated Transportation Claims and Prevention Council Incorpo
    27 F3d 562
    F.P. Corporation, a motor carrier, appeals a summary judgment for Golden West Foods, a shipper, in an action for undercharges. The district court, citing a ruling of the Interstate Commerce Commissio...

  • United States v. Anderson
    27 F3d 564
    Tyrone Anderson pled guilty to possession of three grams of crack cocaine with intent to distribute, 21 U.S.C.A. Sec. 841 (West 1981 & Supp.1994). He appeals his sentence of eighty-four months im...

  • United States v. Johnson
    27 F3d 564
    Maurice Johnson appeals his conviction and sentence for attempted introduction of contraband into the Occoquan Facility of the Lorton Reformatory (Lorton), and possession with intent to distribute her...

  • United States v. Colvard
    27 F3d 564
    Ralph Neal Colvard appeals from the judgment and conviction order entered by the district court after denying his motion for a mistrial or for a new trial. Colvard contends that he was denied his Six...

  • United States v. Thompson
    27 F3d 564
    Chad Christopher Thompson was convicted by a jury of conspiracy to sell firearms to a convicted felon, 18 U.S.C.Sec. 371 (1988), and of selling firearms to a convicted felon on two occasions, 18 U.S.C...

  • United States v. Mighty
    27 F3d 564
    Eric Manton Mighty and Angelia O. Thomas appeal from district court judgments finding them guilty of distribution of crack cocaine, in violation of 21 U.S.C. Sec. 841(a)(1) (1988). We affirm. Might...

  • United States v. Brown
    27 F3d 564
    Rodney Napoleon Brown appeals his sentence, pursuant to a guilty plea, to possession by a convicted felon of a firearm in violation of 18 U.S.C.A. Secs. 922(g), 924(a)(2) (West Supp.1994). Brown's at...

  • United States v. L Washington
    27 F3d 564
    In 1990, Ceadric L. Washington pled guilty to making false representations to the United States Department of Housing and Urban Development, in violation of 18 U.S.C.A. Sec. 1001 (West 1976), after mi...

  • United States v. Buttler G
    27 F3d 564
    PER CURIAM. Gregory Buttler appeals the corrected sentence of 160 months imposed by the district court after relief was granted under 28 U.S.C. Sec. 2255 (1988). He contends that his criminal histor...

  • Korn Womack Stern and Associates Inc v. Firemans Fund Insurance Co
    27 F3d 566
    This case arises out of the defendant insurance company's refusal to indemnify the plaintiff policyholder for a settlement effected without the insurance company's approval. Judgment was entered for ...

  • United States v. Edmondson
    27 F3d 567
    "A witness testifying under oath or affirmation [commits perjury] if she gives false testimony concerning a material matter with the willful intent to provide false testimony, rather than as a result ...

  • Robinson v. Secretary Of Health and Human Services
    27 F3d 567
    This is a Social Security case in which the claimant appeals a district court decision upholding the denial of disability benefits. The claimant argues that the decision by the Secretary of Health an...

  • United States v. Igwebike
    27 F3d 568
    Emmanuel Ejidfor Igwebike appeals from the sentence imposed by the district court, claiming that the district court acted beyond its authority in requiring him to surrender his passport as a condition...

  • Runda v. Shalala
    27 F3d 569
    Before FLAUM and ROVNER, Circuit Judges, and CRABB, Chief District Judge. In this appeal from the denial of an application for disability insurance benefits under the Social Security Act, plaintiff-...

  • Brown v. Woodland Joint Unified School District
    27 F3d 1373
    We must decide whether classroom activities in a California public school district require children to practice the "religion" of witchcraft in violation of the federal Establishment Clause and the Ca...

  • Douglas v. Immigration and Naturalization Service
    28 F3d 241
    Lenford Douglas petitions for review of a decision of the Board of Immigration Appeals ("BIA") dismissing his appeal from Immigration Judge ("IJ") Vomacka's order of deportation pursuant to section 24...

  • Brown v. Prudential Bache Securities
    29 F3d 621
    Appeal From: S.D.N.Y. AFFIRMED. ...

  • Cariaga v. Office Of Personnel Management
    29 F3d 645
    On reconsideration, the Office of Personnel Management (OPM) denied petitioner's application for a civil service retirement annuity on the ground that he was not a qualified employee within the meanin...

  • Miller v. Medical Center Of Southwest Louisiana
    22 F3d 626
    Roger Dale Miller and Andrea Miller (Plaintiffs), individually and on behalf of their minor son Nick, brought this action against Hamilton Medical Center, Inc., d/b/a Medical Center of Southwest Louis...

  • Fein Fein v. United States
    22 F3d 631
    Individual chapter 11 debtor Bruce Fein appeals the denial of discharge of priority tax claims. As the plain language of the Bankruptcy Code renders these claims nondischargeable, we affirm. In Apr...

  • Federal Deposit Insurance Corporation v. S and I 85 1 Ltd
    22 F3d 1070
    We address the issue of whether the Federal Deposit Insurance Corporation ("FDIC"), having brought an action as plaintiff in state court, may subsequently remove that action to federal court when coun...

  • United States v. J Miller Jjm
    22 F3d 1075
    Jessie J. Miller Jr. was convicted of federal gambling and money laundering offenses. He was also convicted, along with his corporation, JJM Trucking, Inc. (JJM), of conspiring to commit those offen...

  • United States v. K Rodriguez
    23 F3d 919
    William Rodriguez appeals the district court's sentence imposed upon revocation of his supervised release. Because the district court sentenced Rodriguez in absentia and without affording him the rig...

  • United States v. Contrerez
    23 F3d 922
    On September 10, 1992, the appellant Frank Contrerez was charged with various allegations of mail and wire fraud in violation of 18 U.S.C. Secs. 1341, 1343, and 2, and with conducting and attempting t...

  • United States v. McDonald
    25 F3d 1042
    Darvin Legette McDonald, Jr., appeals the district court's imposition of sentence at the upper end of the applicable sentencing guidelines range for violation of supervised release. For the reasons s...

  • Martinez Et Al v. Puerto Rican Cars Inc Et Al
    25 F3d 1037
    This case involves a dispute about insurance coverage arising out of a motor vehicle accident in Puerto Rico. The appellant United States Fidelity & Guaranty Company ("USF & G") is an insuran...

  • Catron Catron v. W Breeden W R Ua
    25 F3d 1038
    Curtis R. Catron (Catron) entered into a general partnership with Ramon W. Breeden Jr. individually (Breeden) and with Ramon W. Breeden Jr. and Marian R. Breeden as trustees under the Revocable Trust ...

  • Davis v. Sabatini
    25 F3d 1039
    Mark Davis appeals from the district court's order granting summary judgment to the Defendants in his 42 U.S.C. Sec. 1983 (1988) action in which he sought injunctive and monetary relief. We review th...

  • Rabb v. American Shelter Company Incorporated
    25 F3d 1040
    On September 17, 1990, Judith Rabb received numerous stings to her right foot from yellow jackets feeding on a piece of watermelon. The watermelon was on the ground inside a fenced area around the du...

  • Slone v. Pratt Mj G
    25 F3d 1040
    William "Bill" Slone filed this action pursuant to 42 U.S.C. Sec. 1983 (1988), alleging that the Defendants breached his plea agreement and violated his constitutional rights by imposing a condition a...

  • Lambert v. E Stallings
    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. Alford
    25 F3d 1041
    Wilhelmena Ward Alford pled guilty to Count One of a superseding indictment charging her with conspiring to possess crack cocaine with intent to distribute from December 1989 to May 20, 1992, 21 U.S.C...

  • United States v. Anderson
    25 F3d 1041
    Stephen Mark Anderson appeals from the district court judgment and sentence. His attorney filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), finding no non-frivolous grounds...

  • United States v. Foster
    25 F3d 1041
    Trevor Scott Foster pled guilty to possession of crack cocaine with intent to distribute, 21 U.S.C.A. Sec. 841 (West 1981 & Supp.1994), 18 U.S.C. Sec. 2 (1988), and was sentenced to a term of sixt...

  • United States v. Smith
    25 F3d 1042
    Calvin Eugene Smith was convicted by a jury of conspiracy to possess with intent to distribute and to distribute cocaine and marijuana, 21 U.S.C.A. Sec. 846 (West Supp.1994), one count of possession o...

  • United States v. Harris
    25 F3d 1042
    Randy Leshea Harris appeals his conviction for possession with the intent to distribute cocaine base in violation of 21 U.S.C. Secs. 841(a)(1), (b)(1)(a) (1988), and 18 U.S.C.Sec. 2 (1988). Harris's ...

  • United States v. Pack
    25 F3d 1042
    Appellant appeals from the district court's order that construed his motion under Fed.R.Crim.P. 35 as a 28 U.S.C. Sec. 2255 (1988) motion and denied it. Our review of the record and the district cour...

  • United States v. Machado
    25 F3d 1042
    Jorge Balbuena Machado pled guilty to conspiracy to distribute more than fifty grams of crack cocaine, 21 U.S.C.A.Sec. 846 (West Supp.1994), and received a sentence of 263 months. He appeals his sent...

  • United States v. Robinson
    25 F3d 1042
    Michael Robinson argues on appeal that there was insufficient evidence to support his conviction on two counts of possession with intent to distribute cocaine base (crack) in violation of 21 U.S.C.A. ...

  • United States v. H Haynes
    25 F3d 1042
    Lino H. Haynes was convicted after a trial by jury on one count of engaging in a drug conspiracy in violation of 21 U.S.C. Sec. 846 (1988) (Count 1), one count of engaging in a continuing criminal ent...

  • Loughridge v. F Allen
    25 F3d 1057
    Before KELLY, BARRETT, Circuit Judges, and THEIS, District Judge. Plaintiff-appellant Linda H. Loughridge appeals the district court's denial of her summary judgment motion refusing to vacate or mod...

  • Thermalkem Inc v. United States Environmental Protection Agency
    25 F3d 1233
    Petitioner, ThermalKEM, Inc., the owner and operator of a hazardous waste treatment facility in Rock Hill, South Carolina, petitions for review of the Environmental Appeals Board's ("EAB") dismissal o...

  • Faunce v. J McCarthy
    26 F3d 130
    MEMORANDUM California state prisoner David W. Faunce ("Faunce") appeals the district court's summary judgment for defendant prison officials in his action pursuant to 42 U.S.C. Sec. 1983 and 18 U.S.C...

  • Ayala v. Gomez
    26 F3d 129
    MEMORANDUM Renee Mark Ayala, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. Ayala is challenging his 1989 conviction for kidna...

  • Christensen v. Lewis
    26 F3d 129
    MEMORANDUM Leon C. Christensen Jr., an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of prison officials in his 42 U.S.C. Sec. 1983 action. Christensen conten...

  • Brackett v. Duncan
    26 F3d 129
    MEMORANDUM Dennis Brackett, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. We review de novo, Norris v. Risley, 878 F.2d 1178...

  • Cam v. L Rhoades
    26 F3d 129
    MEMORANDUM Martiyan Cam appeals pro se the district court's dismissal of his civil rights action as frivolous under 28 U.S.C. Sec. 1915(d). We review for an abuse of discretion, Denton v. Hernandez...

  • Davis v. Commissioner Internal Revenue Service
    26 F3d 130
    MEMORANDUM Kathleen K. Davis appeals the United States Tax Court's determination that she was liable for deficiencies and penalties due from the joint federal income tax return she filed with her for...

  • Hutchings Von Ludwitz v. A Henry Us
    26 F3d 130
    MEMORANDUM William E. Hutchings von Ludwitz, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2241 petition. We review de novo, Camacho v. White, 918 F.2d 74, 77...

  • Loomis v. A Vernon
    26 F3d 131
    MEMORANDUM Michael J. Loomis, an Idaho state prisoner, appeals pro se the district court's dismissal without prejudice of his 42 U.S.C. Sec. 1983 complaint. The district court specifically stated th...

  • Pavelic v. City Of Los Angeles
    26 F3d 131
    MEMORANDUM In opposing the city's motion for summary judgment, Pavelic failed to comply with Fed.R.Civ.P. 56(c). Instead of submitting affidavits, depositions or answers to interrogatories, and spec...

  • Partner v. R Snider
    26 F3d 131
    MEMORANDUM Johnny Albert Partner, a California 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. Partner was convicted of...

  • Kohler v. Armstrong
    26 F3d 131
    MEMORANDUM Frederick Kohler, a Nevada state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action against the Nevada Board of Parole Commissioners and its members....

  • Jolivette v. Shalala
    26 F3d 131
    MEMORANDUM Jolivette appeals the district court's grant of summary judgment to the Secretary of Health and Human Services ("Secretary") as to her claim for disability insurance benefits pursuant to S...

  • Runyon
    26 F3d 132
    Before: D.W. NELSON and BEEZER, Circuit Judges, and LETTS, District Judge. MEMORANDUM Ackerman appeals the Bankruptcy Appellate Panel's affirmance of a bankruptcy court's order awarding the Runyon...

  • Thompson v. State Of Arizona
    26 F3d 132
    MEMORANDUM Richard C. Thompson appeals pro se the district court's order granting summary judgment in favor of the State of Arizona (the State) in his employment discrimination action under Title VII...

  • Sarkisian v. E Shalala
    26 F3d 132
    MEMORANDUM Vartan Sarkisian appeals the district court's order granting summary judgment in favor of the Secretary of Health and Human Services ("Secretary") and denying him Supplemental Security Inc...

  • Pinedo Gaeta v. Immigration and Naturalization Service
    26 F3d 132
    MEMORANDUM Pinedo-Gaeta, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals ("BIA") denying his application for a waiver of deportability pursuant ...

  • United States v. Bonillo Castro
    26 F3d 133
    MEMORANDUM Ramon Bonillo-Castro appeals his 120-month sentence imposed following remand from this court for resentencing. Bonillo-Castro was originally sentenced following entry of a guilty plea to ...

  • United States v. Gretler
    26 F3d 133
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM Randy Michael Gretler was charged with importation of 348 pounds of marijuana, 21 U.S.C. Secs. 952 ...

  • United States v. Bryant Iii
    26 F3d 133
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM Following a jury trial, Oscar Bryant III was convicted of conspiracy, 18 U.S.C. Sec. 371; armed ba...

  • United States v. Espinoza
    26 F3d 133
    MEMORANDUM Defendant-Appellant Thomas John Espinoza appeals his jury conviction of armed robbery in violation 18 U.S.C. Sec. 2113(a)(d) for which the district court sentenced him to 135 months in pri...

  • United States v. Cardona Urbina
    26 F3d 133
    MEMORANDUM Appellants Cardona-Urbina and Torres appeal in forma pauperis their convictions for failing to report the transportation of monetary instruments while crossing the United States-Mexico bor...

  • United States v. Madrigal Maceda
    26 F3d 134
    MEMORANDUM Jeronimo Meliton Madrigal-Maceda appeals his 136-month sentence imposed after a jury found him guilty of kidnapping in violation of 18 U.S.C. Sec. 1201(a)(1). Madrigal-Maceda contends the...

  • United States v. Holz
    26 F3d 134
    MEMORANDUM Bradley Scott Holz appeals his sentence of twelve months and one day imposed after a guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. Secs. 922(g)(1), 924....

  • United States v. Renfroe
    26 F3d 135
    MEMORANDUM Defendant-Appellant, Bernard Cedric Renfroe, was convicted of distributing 72 grams of cocaine base and of possessing with intent to distribute 102 grams of cocaine base in violation of 21...

  • United States v. Limberopoulos
    26 F3d 245
    A jury convicted Nicholas and William Limberopoulos, both pharmacists, of conspiring to dispense, without proper prescriptions, approximately 18,000 pills, about 12,000 of which were Percodan or Perco...

  • Lois M Digianni v. Sterns Lois M Digianni
    26 F3d 346
    Plaintiff-appellant Lois M. DiGianni, pro se, appeals from two judgments entered on October 21, 1993 in the United States District Court for the Eastern District of New York (Dearie, J.) dismissing he...

  • United States Department Of The Interior v. Acres Of Land More Or Less Located In Rutland County Verm
    26 F3d 349
    A. The National Trails System Act and Amendments This appeal arises from a condemnation proceeding initiated by the Secretary of the Interior (Secretary) for the purpose of acquiring 16.03 acres of ...

  • United States v. Kellams
    26 F3d 646
    Following his guilty plea to the offense of mail fraud, the defendant, Rodney Kellams, appeals to this Court and challenges the determination that his sentence should be enhanced pursuant to the "crim...

  • Jones v. Johnson
    26 F3d 727
    Defendants have filed an interlocutory appeal to assert the defense of official immunity. Although Mitchell v. Forsyth, 472 U.S. 511, 524-29, 105 S.Ct. 2806, 2814-17, 86 L.Ed.2d 411 (1985), permits ...

  • Baxter v. Vigo County School Corporation
    26 F3d 728
    Wilma and James Baxter, on behalf of their child, Chelsie, appeal the dismissal of their civil rights action brought under 42 U.S.C. Sec. 1983. Although our analysis is different in several respects ...

  • United States v. R Damerville
    27 F3d 254
    Michael Damerville and Sharon Douglas entered guilty pleas to a one-count indictment charging them with conspiring with others to violate 21 U.S.C. Sec. 841(a)(1), in violation of 21 U.S.C. Sec. 846. ...

  • Kroy Limited
    27 F3d 367
    Robert E. Miles, Fred T. Witt, Jr., and Streich Lang, Phoenix, AZ, for appellants Kroy (Europe) Ltd. and Kroy Inc. Gary R. Allen, Gilbert S. Rothenberg, and Bridget M. Rowan, Tax Div. U.S. Dept. of ...

  • Usher v. Mv Ocean Wave
    27 F3d 370
    On December 27, 1988 Robert Usher was injured while working as a longshoreman aboard the M/V Yuhoh (now the M/V "OCEAN WAVE"). On November 12, 1991, two years and eleven months later, Robert Usher an...

  • Lankford v. City Of Hobart K Lankford E
    27 F3d 477
    David W. Lee of Lee & Fields, P.C., Oklahoma City, OK, for defendant-appellant and cross-appellee Medrano. Tom R. Stephenson of Stephenson & Webber, Watonga, OK, for plaintiffs-appellees/cro...

  • Brockmann v. Department Of Air Force
    27 F3d 544
    Stephen S. Brockmann appeals from the August 10, 1992, 54 M.S.P.R. 424, decision of the Merit Systems Protection Board (MSPB or Board), Docket No. CH-0752-92-0305-I-1 denying his petition for review o...

  • Burich v. Cuyahoga County Department Of Children and Family Services
    27 F3d 566
    This appeal arises from the filing of a Sec. 1983 action by the plaintiffs, Cherie and Tim Burich, alleging that the adoption policies of the Cuyahoga County Department of Children and Family Services...

  • Lepore v. J Husic
    27 F3d 566
    Defendant-appellant, the Resolution Trust Corporation, as Receiver for New Guaranty Federal Savings and Loan Ass. ("RTC-Receiver") appeals an order of the district court granting plaintiff-appellee's...

  • Hall v. Grayson
    27 F3d 566
    The appellant in this Sec. 2254 action, George Norris Hall, is a prison inmate in the custody of the defendant, who is warden of the state correctional facility in Jackson, Michigan. Hall is serving ...

  • Cummins v. Upjohn Company
    27 F3d 566
    Reba Cummins appeals the district court's May 24, 1993 decision granting The Upjohn Company's motion for judgment on the pleadings in this wrongful death action. We affirm. On May 11, 1987, James L...

  • United States v. G Anderson W E
    27 F3d 567
    Defendants Robert W. Jones ("Jones"), James E. Anderson, and Karen G. Anderson appeal from their convictions for conspiracy to defraud the government, in violation of 18 U.S.C. Sec. 371. Jones and Ja...

  • Mishler v. Coleman
    27 F3d 567
    In this wrongful death action, the plaintiff appeals the district court's order of summary judgment in favor of the defendants, contending that the matter should have been sent to a jury on the theory...

  • Spears v. City Of Louisville
    27 F3d 567
    In this case, the plaintiff appeals the district court's grant of summary judgment to the defendants in his law suit brought under 42 U.S.C. Sec. 1983, alleging violations of the Fourth and Fourteenth...

  • National Labor Relations Board v. Oklahoma Installation Company
    27 F3d 567
    In this action under 29 U.S.C. Sec. 160(e), the National Labor Relations Board ("Board") seeks a judgment enforcing its decision and order against the Oklahoma Installation Company ("Company") for vio...

  • United States v. Hayes
    27 F3d 568
    Virgil Lebron Hayes and Edward James Golson pled guilty to various counts of drug trafficking activity. In their plea agreements, the defendants reserved the right to appeal the denial of their motio...

  • United States v. Taylor N
    27 F3d 568
    On May 5, 1992, a grand jury returned a ten count indictment charging Eugene Wilson, Leonard Taylor, and Therman Hayes with violations of federal drug and firearms laws. On July 9, 1992, co-defendant...

  • Sig Food Services Associates Sig v. Mann I L
    27 F3d 569
    Pursuant to the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. Sec. 1961 et seq., plaintiffs sued the defendants, seeking treble damages under 18 U.S.C. Sec. 1964(c). The dist...

  • Atkins v. Boeing Company
    28 F3d 112
    D.Kan., No. 91-1404. Jose Hurlstone-Peggs (William L. Fry with her on the brief) of William L. Fry, P.A., Witchita, KS, for plaintiff-appellant. Daniel J. Sevart of Sevart & Sevart, Witchita, ...

  • Williams v. Atchison Topeka and Santa Fe Railway Company
    28 F3d 114
    (D.Kan.), No. 91-4221. Andrea Lybarger (Steven M. Dickson with her, on the brief) of Dickson & Pope, P.A., Topeka, Kan., for plaintiff-appellant. J. Stephen Pigg of Fisher, Patterson, Sagler &...

  • Grand Jury Proceedings Mireles v. United States
    29 F3d 631
    MEMORANDUM Patricia Mireles appeals the district court's adjudication of contempt, pursuant to 28 U.S.C. Sec. 1826, for her refusal to testify before the grand jury. Appellant claims that the distri...

  • Cooper v. Department Of Army
    29 F3d 645
    Joseph L. Cooper appeals the November 23, 1993 initial decision of the Merit Systems Protection Board (Board) in Docket No. CH-0752-93-0624-I-1 dismissing on the ground of res judicata, Mr. Cooper's a...

  • La Amistad Residential Treatment Center v. United States
    29 F3d 645
    This case involves the refusal of the government to make certain payments to La Amistad Residential Treatment Center to share the costs for medical services it rendered to a daughter of a deceased mem...

  • Jones v. Office Of Personnel Management
    29 F3d 645
    Odis Jones petitions for review of a decision of the Merit Systems Protection Board (Board), Docket No. SE-0731-93-0353-I-1, sustaining a decision by the Office of Personnel Management (OPM) finding J...

  • United States v. Graef
    31 F3d 362
    Graef was convicted of drunk driving under M.C.L. 257.625(1), a misdemeanor offense. The offense was tried in federal court because the conduct occurred on the Selfridge Air National Guard base, a fe...

  • Laxey v. Louisiana Board Of Trustees
    22 F3d 621
    Gregory Laxey, a player on the University of Southwestern Louisiana ("USL") football team, appeals a summary judgment in his Sec. 1983 suit against the USL and the Louisiana Board of Trustees for susp...

  • Frank Suarez v. United States Of America
    22 F3d 1064
    The appellant, Frank Suarez, challenges the district court's grant of summary judgment to the United States on his claim under the Federal Tort Claims Act (the "FTCA"). Because Suarez failed to meet ...

  • United States v. Kendrick Iii
    22 F3d 1066
    Frank Kendrick ("Appellant") appeals his sentence for bank robbery. We vacate and remand the case for resentencing. On June 25, 1992, a Fidelity National Bank ("Fidelity") in Decatur, Georgia was r...

  • United States v. D Holley D
    23 F3d 902
    Jerry D. Holley and Marvin D. Haass appeal their criminal convictions for various crimes committed in the course of the failure of Peoples Savings and Loan Association ("Peoples"). The appellants hav...

  • Dillon v. State Of Mississippi Military Department M Holloway
    23 F3d 915
    The threshold issue is one of first impression: the scope of removal under the Westfall Act--whether, when putative employees of the United States are not the only defendants, the action is removed, ...

  • United States v. Fowlie
    24 F3d 1070
    In an opinion filed May 2, 1994, we vacated Fowlie's conviction on count 2 and affirmed his convictions on counts 1, 12-14 and 20. See United States v. Fowlie, 24 F.3d 1059 (9th Cir.1994). We now af...

  • Barnette v. H B Johnson
    25 F3d 1038
    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 ...

  • Alkire v. O Gregory
    25 F3d 1038
    Christopher Lee Alkire appeals from two district court orders cumulatively dismissing his 42 U.S.C. Sec. 1983 (1988) complaint. We affirm. Alkire filed a complaint alleging that he was threatened b...

  • Belcher v. Dixon
    25 F3d 1038
    Appellant appeals from the district court's order dismissing his 42 U.S.C. Sec. 1983 (1988) complaint without prejudice. Our review of the record and the district court's opinion discloses that this ...

  • Blackwell v. State
    25 F3d 1038
    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...

  • Cheatham v. M Williams G E
    25 F3d 1038
    Appellant appeals the district court's order dismissing two of Appellant's three claims and retaining the third for further litigation. We dismiss the appeal for lack of jurisdiction because the orde...

  • Davis v. Board Of Physician Quality Assurance Of Maryland
    25 F3d 1039
    Mark Davis appeals the district court's dismissal of his 42 U.S.C. Sec. 1983 (1988) claim as frivolous pursuant to 28 U.S.C. Sec. 1915(d) (1988). Davis filed this action against the Maryland Board of...

  • Lawson v. Dixon
    25 F3d 1040
    David Lawson has appealed from the district court's dismissal of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. Sec. 2254. He also challenges the district court's denial of his ...

  • Lawson v. Dixon
    25 F3d 1040
    David Lawson (Lawson) is scheduled to be executed by the State of North Carolina using lethal gas at 2 a.m. on the morning of Wednesday, June 15, 1994. On April 13, 1994, two days after he received ...

  • United States Of America v. Browner Sr
    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 accepting the recommendation of the magistra...

  • Vaughter v. W Cox
    25 F3d 1042
    Appellant appeals from the magistrate judge's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the magistrate judge's order discloses that this appeal is...

  • Latine v. F Mann
    25 F3d 1162
    Ira Mickenberg, Office of Appellate Defender, New York City, for petitioner-appellee. Mark Frazier Scholl, Asst. Dist. Atty. (Robert M. Morgenthau, Dist. Atty., David J. Mudd, Asst. Dist. Atty., Ne...

  • Holland v. Rimmer
    25 F3d 1251
    ARGUED: John Lumley Bagwell, John L. Bagwell, P.C., Grundy, VA, for appellant. Kurt Joseph Pomrenke, White, Elliott & Bundy, Bristol, VA, for appellees. ON BRIEF: Steven R. Minor, White, Ellio...

  • Dollar Corporation v. Z Zebedee
    25 F3d 1320
    Defendant William Zebedee, at all times relevant to this appeal, was the president, chairman of the board of directors, and largest single shareholder of plaintiff Dollar Corporation. Beginning in Ja...

  • Resolution Trust Corporation Fa v. Federal Savings and Loan Insurance Corporation
    25 F3d 1493
    The Federal Deposit Insurance Corporation (FDIC) and the Office of Thrift Supervision (OTS) appeal summary judgment in favor of First Southwest Financial Services, Inc. and other investors in Security...

  • Equal Employment Opportunity Commission v. Ford Motor Credit Company
    26 F3d 44
    The Equal Employment Opportunity Commission appeals from a district court order enforcing but limiting the scope of an administrative subpoena issued by EEOC to the Ford Motor Credit Company in connec...

  • Weathers v. Bean Dredging Corporation Ct La
    26 F3d 70
    Greg Weathers appeals from a final order entered in the United States District Court for the Eastern District of Arkansas dismissing his claims against his former employer, Bean Dredging Corporation (...

  • United States v. Ridl
    26 F3d 73
    The government appeals from the district court's judgment granting Ricky Allen Ridl's motion for a reduction of his sentence originally imposed in September 1991. The district court granted the reduc...

  • United States v. Walsh
    26 F3d 75
    The government appeals from the district court's judgment granting Thomas Michael Walsh Jr.'s motion for a reduction of his sentence originally imposed in July 1991. The district court granted the re...

  • State Of Nebraska Nelson v. Central Interstate Low Level Radioactive Waste Commission
    26 F3d 77
    The State of Nebraska ("the State") appeals from the district court's order granting summary judgment in favor of the Central Interstate Low-Level Radioactive Waste Commission ("the Commission") and U...

  • Alvarez Corral v. Immigration and Naturalization Service
    26 F3d 129
    MEMORANDUM Alvarez-Corral contends the BIA abused its discretion in denying his relief from deportation pursuant to section 212(c) of the Immigration and Nationality Act because it didn't give adequa...

  • Ercia v. Immigration and Naturalization Service
    26 F3d 130
    MEMORANDUM Angelina Mapalad Ercia ("Petitioner") petitions for review of a decision of the Board of Immigration Appeals ("BIA" or "Board") that denied her request to reopen the deportation proceeding...

  • Grand Jury Proceedings Goodman v. United States
    26 F3d 130
    Before: TANG, PREGERSON and T.G. NELSON, Circuit Judges MEMORANDUM Oscar B. Goodman appeals the district court's judgment of contempt for his refusal to produce records pertaining to fee informati...

  • Nava Placeris v. Immigration and Naturalization Service
    26 F3d 131
    MEMORANDUM Luis Manuel Nava-Placeris, a native of Cuba, petitions for review of an order of the Board of Immigration Appeals ("BIA"). In its order, the BIA summarily affirmed the decision of the Imm...

  • United States v. M Hendrickson
    26 F3d 321
    Defendant Dale M. Hendrickson ("Hendrickson") appeals a final judgment from the United States District Court for the Eastern District of New York, following a jury trial before Sterling Johnson, Judge...

  • Marquart v. Lodge International Association Of Machinists and Aerospace Workers
    26 F3d 842
    Ruth Marquart appeals from an October 1, 1993, judgment of the United States District Court for the Eastern District of Missouri, Jean C. Hamilton, Judge, granting in part the motion of District Lodge...

  • McCarthy v. M Thomas
    27 F3d 1363
    Plaintiffs below ("Appellants") sought from the district court an order requiring the cities of Tucson and Phoenix to enlarge their mass transit systems. Specifically, Appellants asserted that Tucson...

  • United States v. Johns
    27 F3d 31
    Johns was arrested on June 25, 1992. He and his co-defendants were charged with a variety of offenses, including conspiracy to distribute or possess with intent to distribute cocaine. The indictment...

  • United States v. Nolley
    27 F3d 80
    Defendant Timas Nolley, Sr. appeals his sentence for cocaine violations, alleging he was not represented by counsel at a resentencing hearing ordered by this Court. We hold that since resentencing si...

  • Ristow v. South Carolina Ports Authority The Ss Unknown
    27 F3d 84
    Fred W. Ristow is a long-haul truck driver. On December 20, 1988, he drove a load of steel pipes to the South Carolina State Ports Authority ("Ports Authority") terminal in Charleston, South Carolina...

  • United States v. Neal
    27 F3d 90
    This appeal apparently presents a question of first impression both for this Court and for the remaining federal circuits. The question formally presented is whether the trial judge erred in finding,...

  • United States v. Dozie
    27 F3d 95
    Zeek Nna Dozie, Cathy Nna Dozie, and Chudi Anode appeal their convictions for mail fraud and conspiracy to commit mail fraud. The government cross-appeals the sentence imposed on Zeek Nna Dozie. We ...

  • Gaskill v. Gordon F Kfb Southmark Corporation
    27 F3d 248
    Earl Dean Gordon and Kenneth Boula engaged in a massive mail fraud scheme that eventually landed them in the federal penitentiary. In a classic Ponzi game, Gordon and Boula convinced thousands of inv...

  • Connor Connor v. United States
    27 F3d 365
    On November 13, 1985, the IRS assessed Connor for unpaid income taxes for the years 1977 through 1979, totaling in excess of $65,000. A notice of federal tax lien was filed with the Anchorage recordi...

  • Hoover Jr v. Suffolk University Law School Et Al
    27 F3d 554
    Plaintiff-appellant Benjamin Hoover, Jr., proceeding pro se, has appealed from the district court's order dismissing his complaint under 42 U.S.C. Sec. 1983 against defendants-appellees Suffolk Univer...

  • United States v. Vegas
    27 F3d 773
    Defendants Jose Vegas, Michael Virella and William Guzman appeal judgments of conviction entered in the Southern District of New York on both counts of a two-count indictment charging them with posses...

  • State Of New York v. T Blank T Blank
    27 F3d 783
    In March 1987, employees of the New York State Department of Environmental Conservation ("the DEC") discovered pesticides buried at 10274 Saratoga Road, Fort Edward, Town of Moreau, Saratoga County, N...

  • Domingo v. Allen
    28 F3d 105
    MEMORANDUM Ramon Domingo appeals the district court's grant of summary judgment for defendants United States Postal Service, Pacific Insurance Limited, and Shirley Joyo. Domingo argues that the gran...

  • Burgess v. Pierce County
    28 F3d 105
    MEMORANDUM John Burgess appeals the district court's judgment in favor of Pierce County and County Executive Joseph Stortini in Burgess' 42 U.S.C. Sec. 1983 action alleging wrongful termination in vi...

  • Fitzgerald v. M Gamble
    28 F3d 105
    MEMORANDUM Maurice Fitzgerald appeals the district court's partial denial of his 28 U.S.C. Sec. 2254 petition for habeas corpus. The district court granted Fitzgerald's petition as to Count I, but d...

  • Sapp Iii v. Paul Revere Life Insurance Company
    28 F3d 108
    Sapp appeals from the district court's summary judgment in favor of the Paul Revere Life Insurance Company (Paul Revere). The district court had jurisdiction pursuant to 28 U.S.C. Sec. 1332. We have...

  • United States v. Khan
    28 F3d 109
    MEMORANDUM Agha Khan appeals the sentence imposed upon him following his guilty pleas to one count of unlawful redemption of food stamps in violation of 7 U.S.C. Sec. 2024(c), one count of arson in v...

  • Craig v. Severino Inc
    28 F3d 1213
    This action was brought pursuant to 29 U.S.C. Sec. 1131, the Employee Retirement Income Security Act of 1974 (ERISA), and 29 U.S.C. Sec. 185(a), the Labor Management Relations Act of 1947. The plaint...

  • State Filichia v. City Of Columbus
    28 F3d 1214
    In this appeal, the relator, Michael D. Filichia, objects to the dismissal of his Sec. 1983 claim against the defendants for removal of his name from a list of applicants for the job of firefighter. ...

  • Bermudez v. Office Of Personnel Management
    29 F3d 645
    Arthur R. Bermudez petitions for review of the January 25, 1994 decision of the Merit Systems Protection Board, Docket No. SF0731930774-I-1, affirming the suitability determination of the Office of Pe...

  • Lineberger v. Brown
    29 F3d 645
    The appellant, Frank J. Lineberger, Sr., acting pro se, appeals the August 3, 1993, decision of the Court of Veterans Appeals (CVA) in Frank J. Lineberger, Sr. v. Jesse Brown, Secretary of Veterans A...

  • United States v. Alexander
    32 F3d 570
    This is an appeal from drug conspiracy convictions. The defendants contest the sufficiency of the evidence to prove their participation in the conspiracy and contend that one defendant did not receiv...

  • Reed v. D Richards
    32 F3d 570
    Orrin Reed, who is confined at the Westville Correctional Center in Westville, Indiana, filed a pro se complaint under 42 U.S.C. Sec. 1983, in which he alleged that eleven correctional officials viola...

  • United States v. W Carlton
    512 US 26
    In 1987, Congress amended a provision of the federal estate tax statute by limiting the availability of a recently added deduction for the proceeds of sales of stock to employee stock-ownership plans ...

  • Omelveny Myers v. Federal Deposit Insurance Corporation
    512 US 79
    The issue in this case is whether, in a suit by the Federal Deposit Insurance Corporation as receiver of a federally insured bank, it is a federal-law or rather a state-law rule of decision that gover...

  • Ibanez v. Florida Department Of Business and Professional Regulation Board Of Accountancy
    512 US 136
    Petitioner Silvia Safille Ibanez, a member of the Florida Bar since 1983, practices law in Winter Haven, Florida. She is also a Certified Public Accountant (CPA), licensed by Respondent Florida Board...

  • Hare v. City Of Corinth Ms
    22 F3d 612
    On appeal is the claim of qualified immunity by Officer Billy Clyde Burns, Police Chief Fred Johnson, and police dispatchers Brenda Moore and James Damons, all members of the police department of Cori...

  • Bell Atlantic Telephone Companies v. Federal Communications Commission
    24 F3d 1441
    Local telephone exchange companies ("LECs") petition for review of two orders of the Federal Communications Commission, promulgated in an informal rulemaking, that require the LECs to set aside a port...

  • Ball Ball Brosamer Inc v. B Reich
    24 F3d 1447
    Appellant Ball, Ball & Brosamer, Inc. ("Ball") appeals from an order of the district court granting summary judgment in favor of the Secretary of Labor in an action to review the Secretary's dete...

  • United States v. Figueroa
    25 F3d 1037
    Thomas Figueroa appeals pro se from the denial of his motion under 28 U.S.C. Sec. 2255 to vacate, set aside, or correct his sentence. Following his conviction for conspiracy and attempt to possess wi...

  • Reyes Rivera v. United States
    25 F3d 1037
    We affirm the dismissal of appellant's Sec. 2255 petition for the reasons stated in the government's brief and in our December 3, 1991 opinion. That opinion rejected appellant's challenge to (1) a tw...

  • Haggert v. Hamlin Et Al
    25 F3d 1037
    Jonathan B. Haggert appeals a district court order granting appellees' motion for summary judgment. We affirm. Haggert sued the appellees, who are employees of Haggert's employer, Guilford of Maine...

  • Commercial Energies Incorporated v. United Airlines Inc D Rp
    25 F3d 1038
    The district court granted the defendants' motion to dismiss the complaint in this case, brought under 42 U.S.C.Secs. 1983 & 1985, for failure to state a claim upon which relief can be granted. F...

  • Eder v. Itt Corporation
    25 F3d 1039
    Appellant, James Eder (Eder), appeals the district court's grant of summary judgment to the appellee, ITT Corporation (ITT), on Eder's Age Discrimination in Employment Act claim, 29 U.S.C. Sec. 621 et...

  • Miller v. Weisner
    25 F3d 1040
    Appellant appeals the entry of summary judgment against him in his 42 U.S.C. Sec. 1983 (1988) claim and the denial of his two motions for extension of time to file a Fed.R.Civ.P. 59 motion. Appellant...

  • Silvers v. Welsh Gw F J
    25 F3d 1040
    Steven A. Silvers, a federal prisoner serving a sentence for violations of drug trafficking laws, brought an action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 3...

  • United States v. Ivey
    25 F3d 1042
    Dennis Van Ivey pled guilty to a felony information in the District of South Carolina charging him with one count of transporting forged or altered securities in interstate commerce, in violation of 1...

  • United States v. Moore
    25 F3d 1042
    Appellants raise several challenges to their convictions and sentences stemming from involvement in the arson of a private home in Myrtle Beach, South Carolina. We find that the challenges lack merit...

  • Cron v. P Cheatham County
    25 F3d 1047
    Before: KEITH and SUHRHEINRICH, Circuit Judges; and JOINER, Senior District Judge. JOINER, Senior District Judge. Defendants, Sheriff John Chandler and Cheatham County, appeal the entry of a pre...

  • Continental Casualty Company v. Great American Insurance Company
    25 F3d 1047
    This appeal and cross-appeal are brought by an excess insurer and a primary insurer who dispute the apportionment of liability for a work accident. Continental Casualty Company ("Continental"), the e...

  • United States v. West
    25 F3d 1052
    Defendant Curtis A. West appeals his jury convictions for the attempted possession and possession of cocaine, and the aiding and abetting thereof, in violation of 21 U.S.C. Secs. 841(a)(1) & 846, ...

  • Arrowsmith Arrowsmith v. John Deere Company
    25 F3d 1055
    Appellant Gail Arrowsmith appeals an order from the United States District Court for the District of Kansas granting summary judgment for Defendants John Deere Company and Deere & Company ("John D...

  • Director Office Of Workers Compensation Programs v. Jaffe New York Decorating
    25 F3d 1080
    Philip King, now deceased, was employed as a painter by Jaffe New York Decorating Company ("Jaffe"). In his first week on the job, King was seriously injured when one of the support ropes holding his...

  • Torres v. 3625680 Us Currency
    25 F3d 1154
    Plaintiff Clara Torres appeals from an order of the district court (Leisure, J.) granting the Government's motion for summary judgment dismissing her complaint, 827 F.Supp. 197. The complaint seeks ...

  • United States v. Skinner
    25 F3d 1314
    Defendant-Appellant Rodney Skinner ("Skinner") appeals his conviction and sentence following a guilty plea to possession and distribution of obscene matter in violation of 18 U.S.C. Secs. 1466 and 2. ...

  • Steiner v. Showboat Operating Company
    25 F3d 1459
    Barbara Steiner appeals the district court's grant of summary judgment in favor of defendant-appellee Showboat Operating Company ("Showboat"), her former employer. Steiner's complaint alleged sexual ...

  • Applegate v. United States
    25 F3d 1579
    A class of 271 landowners (landowners), including the Applegates, filed a complaint in the United States Court of Federal Claims alleging a taking. The trial court dismissed the complaint as barred b...

  • United States v. Akpi
    26 F3d 24
    In United States v. Akpi, 993 F.2d 229 (4th Cir.1993) (per curiam), we held that Count I of the indictment against Robert Akpi, purporting to allege a conspiracy to traffic in fraudulent credit cards ...

  • Reardon v. Peoria and Pekin Union Railway Company
    26 F3d 52
    A railroad must take precautions to protect its employees against foreseeable crimes committed by strangers. Lillie v. Thompson, 332 U.S. 459, 68 S.Ct. 140, 92 L.Ed. 73 (1947). A locomotive engineer...

  • Singleton v. United States
    26 F3d 233
    Petitioner James Singleton appeals from a district court order dismissing his motion for post-conviction relief, see 28 U.S.C. Sec. 2255, from a judgment of conviction for possessing marijuana, with i...

  • United States v. P Norton
    26 F3d 240
    A federal grand jury returned an indictment charging Timothy P. Norton with being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). Following trial, the jury found Norton g...

  • Bradway v. P Gonzales C T
    26 F3d 313
    On February 20, 1988, New York State Troopers entered the home of Rosemary Bradway on the pretext of executing an arrest warrant for her ex-husband. The Troopers' objective was to find a wood stove a...

  • Castellanos v. United States B Streete
    26 F3d 717
    These appeals present a common question: whether a prisoner who contends that his attorney rendered ineffective assistance by failing to perfect an appeal from his conviction must show that he would ...

  • Malek v. Hl Haun
    26 F3d 1013
    After examining the briefs and the 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); Te...

  • Bankr L Rep P 75933 In The Matter Of Terry Limited Partnership Appeal Of Invex Holdings Nv
    27 F3d 241
    Following the declared bankruptcy of Terry Limited Partnership ("Terry"), its chief asset, an office building, was sold at a public auction. The sale generated revenue sufficient to repay the first a...

  • Employers Insurance Of Wausau v. United States
    27 F3d 245
    There is something unusual about this case. The Environmental Protection Agency ("EPA") ordered an insurance company, the Employers Insurance of Wausau a Mutual Company ("Employers"), to clean up haz...

  • Greene v. McFadden
    28 F3d 106
    MEMORANDUM Joseph S. Greene, 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. Greene contends that his convic...

  • Bellavance v. Starlite Cruises Inc
    28 F3d 104
    MEMORANDUM Carol J. Bellavance appeals the district court's denial of her Fed.R.Civ.P. 60(b) motion in which she sought (1) relief from the district court's order dismissing the action for lack of ju...

  • Brinkley v. P Marren E
    28 F3d 105
    MEMORANDUM Ralph Brinkley appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action. Brinkley alleged that the defendants conspired to deprive him of his civil rights in a stat...

  • Hayward v. Godinez
    28 F3d 106
    MEMORANDUM Roger E. Hayward, a Nevada state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. We review de novo, Norris v. Risley, 878 F.2d 117...

  • Judkins v. Ali
    28 F3d 106
    Emma R. Judkins appeals pro se the Bankruptcy Appellate Panel's ("BAP") decision, dismissing her appeal from one bankruptcy court order as untimely and affirming another order lifting the automatic st...

  • Luca v. Lewis
    28 F3d 106
    MEMORANDUM Tony Luca, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of prison officials, in his 42 U.S.C. Sec. 1983 action. Luca contends his constitutiona...

  • Marinkovic v. Davis
    28 F3d 107
    MEMORANDUM Mel Marinkovic appeals pro se the district court's 28 U.S.C. Sec. 1915(d) dismissal of his 18 U.S.C. Sec. 1962 action against his former attorney. We have jurisdiction under 28 U.S.C. Sec...

  • Montoya v. Immigration and Naturalization Service
    28 F3d 107
    MEMORANDUM Juan Camilo Montoya, a federal prisoner, appeals pro se the district court's sua sponte dismissal of his action for failure to prosecute. In his petition for a writ of mandamus, Montoya s...

  • Meeks v. National Education Corporation
    28 F3d 107
    MEMORANDUM Michael M. Meeks appeals pro se the district court's order (1) finding "good cause," pursuant to Fed.R.Civ.P. 55(c), to set aside an entry of default against the defendant, National Educat...

  • Stein v. A Lewis
    28 F3d 108
    MEMORANDUM Abraham Stein, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of the defendants and the denial of his motion for reconsideration in his 42 U.S.C. ...

  • United States v. A Hicks
    28 F3d 109
    MEMORANDUM Stephen A. Hicks appeals pro se the district court's decision affirming his conviction for traveling along the Denali National Park road without a permit, in violation of 36 C.F.R. Sec. 1....

  • Madrigal v. Office Of Personnel Management
    29 F3d 644
    Remedios L. Madrigal appeals the October 20, 1993 decision of the Merit Systems Protection Board (MSPB or Board), Docket No. SE-0831-93-0359-I-1, sustaining the Office of Personnel Management's (OPM's...

  • Caparaz v. Office Of Personnel Management
    29 F3d 645
    Francisco C. Caparaz petitions for review of the decision of the Merit Systems Protection Board (MSPB or Board), Docket No. SE0831930042-I-1, that affirmed the reconsideration decision of the Office o...

  • Herring Gas Company Inc v. W Magee B
    22 F3d 603
    W. Otto Magee and Michael B. Burris appeal a judgment which declares that a noncompete agreement is enforceable in Louisiana. Magee and Burris argue that the Mississippi Supreme Court, if presented w...

  • Sims v. Trus Joist Macmillan
    22 F3d 1059
    This appeal challenges an order of the district court which dismissed this case without prejudice and remanded it to the Equal Employment Opportunity Commission ("EEOC" or "Commission"). The district...

  • Shaw v. Secretary Of Health and Human Services
    25 F3d 1037
    Plaintiff appeals the denial of her second application for SSDI and SSI benefits for a period of alleged disability beginning November 15, 1988, due to back, neck and shoulder problems. The procedura...

  • United States v. Perez Santana
    25 F3d 1037
    Appellant, Rafael Perez-Santana, pled guilty to reentry after deportation following an aggravated felony conviction, in violation of 8 U.S.C. Sec. 1326(b)(2). The district court sentenced him under t...

  • Calvert v. Burns Internl Sec
    25 F3d 1044
    Appeal From: N.D.Miss. AFFIRMED. ...

  • Bazzi v. Western and Southern Life Insurance Company
    25 F3d 1047
    The district court denied in part defendant's motion for summary judgment in this employment discrimination case. This court granted interlocutory appeal pursuant to 28 U.S.C. Sec. 1292(b). The sole...

  • Kovacs v. Commissioner Of Internal Revenue
    25 F3d 1048
    In this appeal from the United States Tax Court, we are asked to decide whether interest paid on an award of damages for wrongful death is excludable as income under section 104(a)(2) of the Internal ...

  • Range v. United States
    25 F3d 1049
    Litho Range appeals from the denial of his motion to vacate his conviction and sentence, filed pursuant to 28 U.S.C. Sec. 2255. He raises two assignments of error: whether the district court erred i...

  • Tisdale v. United Association Of Journeymen and Apprentices Of Plumbing and Pipefitting Industry
    25 F3d 1308
    This appeal requires us to apply the holding in Caterpillar, Inc. v. Williams, 482 U.S. 386, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987), concerning federal removal jurisdiction in federal labor preemption ...

  • United States v. J McCarthy
    26 F3d 134
    MEMORANDUM James J. McCarthy, a federal prisoner, appeals pro se the district court's denial of his motion to correct an illegal sentence. We have jurisdiction under 28 U.S.C. Secs. 1291, 2255, and ...

  • Hodges
    26 F3d 36
    This is an appeal from the district court's dismissal of an antitrust action pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Plaint...

  • Certain Interested Underwriters At Lloyds London England v. E Layne
    26 F3d 39
    The defendants James E. Layne and Cindy Carol Kilgore appeal a verdict for the plaintiffs, Certain Interested Underwriters at Lloyd's of London, England, in a diversity action for a declaratory judgme...

  • Bostic v. Brackney
    26 F3d 129
    MEMORANDUM Federal prisoner Lee Roy B. Bostic, Jr. appeals pro se the district court's summary judgment in favor of prison officials in Bostic's action pursuant to Bivens v. Six Unknown Names Agents...

  • Cameron v. Washoe County
    26 F3d 129
    MEMORANDUM** Donald L. Cameron appeals pro se the district court's summary judgment in favor of eight of the nine defendants named in this 42 U.S.C. Sec. 1983 action. We dismiss this appeal for lack...

  • Burnsworth v. Pick
    26 F3d 129
    MEMORANDUM Harry E. Burnsworth, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of Mary Pick, a prison nurse, in this 42 U.S.C. Sec. 1983 action. We review d...

  • Cano v. Navicky
    26 F3d 129
    MEMORANDUM Damian Ignacio Cano appeals pro se the district court's dismissal of his civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (197...

  • Heisen v. Pacific Coast Building Products Inc
    26 F3d 130
    MEMORANDUM Charles Heisen appeals pro se the district court's judgment (1) dismissing his Clean Air Act claims for lack of jurisdiction and (2) granting a motion for judgment of default on a counterc...

  • Curran v. Jerome Hotel Lp
    26 F3d 130
    MEMORANDUM Jeanne Curran appeals the district court's dismissal of her diversity action for personal injuries against defendant Jerome Hotel ("Hotel"). The district court dismissed her action becaus...

  • Irvin v. Khaury Md
    26 F3d 130
    MEMORANDUM Steven Derrick Irvin appeals pro se the district court's order denying Irvin's motion for a preliminary injunction in his 42 U.S.C. Sec. 1983 prisoner civil rights action alleging delibera...

  • Heisen v. Pacific Coast Building Products Inc K
    26 F3d 130
    MEMORANDUM Charles Heisen appeals pro se the district court's dismissal of his antitrust action under Fed.R.Civ.P. 12(b)(6) for failure to state a claim. We review de novo, Les Shockley Racing, Inc...

  • Davis v. Maass
    26 F3d 130
    MEMORANDUM Jerry W. Davis, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 ...

  • Lyons v. Kiernan Lyons
    26 F3d 131
    Before: WALLACE, Chief Judge, CANBY, Circuit Judge, and KELLEHER, District Judge. Lyons was convicted in California state court of robbery and attempting to dissuade a witness. He filed two habeas...

  • Oh v. Resolution Trust Corporation Fa
    26 F3d 131
    MEMORANDUM Plaintiff Soo Ja Oh appeals the district court's decision granting summary judgment in favor of defendant Resolution Trust Corporation ("RTC"), dba Great American Savings and Loan Associat...

  • Miyamoto v. Otis Elevator Co 1 10
    26 F3d 131
    The district court did not err in admitting Iha's testimony. III. Otis' Motion for Judgment as a Matter of Law Otis argues that the district court erred in denying its motion for a judgment as a m...

  • Marshbanks v. Lewis
    26 F3d 131
    MEMORANDUM Phuong Marshbanks, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of prison officials in Marshbank's 42 U.S.C. Sec. 1983 prisoner civil rights act...

  • Ponder v. Rodgers
    26 F3d 132
    MEMORANDUM Oregon state prisoner Joseph Bernard Ponder appeals pro se the district court's summary judgment in favor of probation officials in Ponder's 42 U.S.C. Sec. 1983 action alleging that his ci...

  • Rojas v. M Ratelle E
    26 F3d 132
    MEMORANDUM Arturo Lopez Rojas appeals pro se from the district court's denial of his petition for writ of habeas corpus, arguing that he was entitled to federal habeas relief because his Sixth Amendm...

  • Richey v. Riveland
    26 F3d 132
    MEMORANDUM Thomas Richey, a Washington state prisoner, appeals pro se the district court's summary judgment in favor of the defendant prison officials in Richey's 42 U.S.C. Sec. 1983 civil rights act...

  • Prince v. Marshall
    26 F3d 132
    MEMORANDUM Terry Prince, a California state prisoner, appeals the denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. Prince was convicted, following a jury trial, for first degree murder with...

  • United States v. Carter
    26 F3d 133
    MEMORANDUM We vacated the defendant's sentence and ordered a limited remand. We asked that the district court clarify whether, under the 1991 version of U.S.S.G. Sec. 4A1.3 and Sec. 4.A1.2(e)(1), co...

  • United States v. L Edwards
    26 F3d 133
    MEMORANDUM We previously rejected Royston L. Edwards' argument that he was improperly held accountable under U.S.S.G. Sec. 1B1.3 for coconspirator Douglas' possession of a kilogram of cocaine. Unite...

  • United States v. Hunter
    26 F3d 134
    MEMORANDUM The district court granted defendant John Doe Hunter's motion for a new trial following his conviction for possessing crack cocaine with the intent to distribute it. 21 U.S.C. Sec. 841(a)...

  • United States v. Moreno
    26 F3d 134
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM * Admission of the testimony of Agent Gonzales concerning the profits, structure and operations of drug tr...

  • United States v. E Platt
    26 F3d 134
    MEMORANDUM Alan E. Platt appeals his conviction, following a jury trial, for four counts of failure to file income tax returns in violation of 26 U.S.C. Sec. 7203 for the tax years 1985 to 1988. He ...

  • Williams v. Monarch Machine Tool Company Inc
    26 F3d 228
    On March 23, 1988, Allison Williams, plaintiff in the district court and appellant here, was injured when he was struck by a "toolholder" that came loose from a vertical milling machine. At the time,...

  • United States v. Barton
    26 F3d 490
    ARGUED: C. Cooper Fulton, Asst. Federal Public Defender, Charleston, WV, for appellant. Michael O. Callaghan, Asst. U.S. Atty., Charleston, WV, for appellee. ON BRIEF: Hunt C. Charach, Federal Pub...

  • United States v. Stockstill
    26 F3d 492
    Brian Stockstill was convicted of several counts of violating federal narcotics law, including two counts of using a firearm during the commission of a drug trafficking offense in violation of 18 U.S....

  • United States v. R Childress
    26 F3d 498
    Roland Childress appeals from his convictions for kidnapping, in violation of the Federal Kidnapping Act, 18 U.S.C. Sec. 1201(a)(1), and for using a firearm during the commission of a crime of violenc...

  • Daniels v. United States
    26 F3d 706
    Edward Fitzgerald, Lawrence Lee, and Roosevelt Daniels appeal the denial of their motions to vacate or correct their sentences pursuant to 28 U.S.C. Sec. 2255, contending they were denied the effectiv...

  • Colip v. E Clare
    26 F3d 712
    Plaintiff Gary D. Colip appeals the grant of summary judgment in favor of Alan Edward Clare, an underwriter at Lloyds of London, an insurance carrier, whose syndicate provided Colip's Indianapolis law...

  • Stallings v. Benson
    26 F3d 817
    James Dwight Stallings appeals the district court's denial of his application for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. We affirm. Stallings was convicted of assaulting Darren St...

  • Robinson v. Leapley
    26 F3d 826
    Kendall Robinson appeals from the district court's order denying his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254. We affirm. On May 8, 1985, Robinson was being held in the Hughes...

  • Hajiani Niroumand v. Immigration and Naturalization Service
    26 F3d 832
    Hamzeh Hajiani-Niroumand seeks review of a final order of the Board of Immigration Appeals (BIA) denying his applications for asylum and for withholding of deportation under Sections 208 and 243(h) of...

  • Redwood Village Partnership v. Graham
    26 F3d 839
    Redwood Village Partnership, owner of a basic care facility, brought this action for money damages under 42 U.S.C. Sec. 1983 against six employees of the North Dakota Department of Human Services, all...

  • Gasaway v. Northwestern Mutual Life Insurance Company 1 10
    26 F3d 957
    Sherry Gasaway appeals the district court's summary judgment in favor of Northwestern Mutual Life Insurance Co. (NML) on its counterclaim for rescission of Gasaway's disability insurance policy based...

  • Citadel Holding Corp v. Roven
    26 F3d 960
    Citadel Holding Corporation ("Citadel") appeals the district court's grant of summary judgment in favor of Alfred Roven ("Roven") and American Underwriters, Inc. ("American") in an action filed by Ci...

  • National Advanced Systems v. United States
    26 F3d 1107
    National Advanced Systems (NAS) appeals from the judgment of the United States Court of International Trade sustaining the decision of the United States Customs Service (Customs) classifying merchandi...

  • Lindsey v. Ma Zeccola and Sons Incorporated Ma
    26 F3d 1236
    In this diversity case appellant Susan R. Lindsey ("Lindsey"), a licensed real estate agent, appeals an order of the United States District Court for the District of Delaware granting summary judgment...

  • United States v. C Nelson
    27 F3d 199
    Defendant-appellant, Ricky C. Nelson, appeals his conviction for carrying a firearm during and in relation to a drug trafficking offense in violation of 18 U.S.C. Sec. 924(c)(1), raising numerous assi...

  • First Nationwide Bank v. Gelt Funding Corp I 65 11 E
    27 F3d 763
    This appeal raises issues surrounding the requirements for pleading a private civil cause of action under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. Sec. 1962(c) and (d...

  • United States v. Martin
    28 F3d 742
    After entering a conditional plea of guilty, Charles Stephen Martin was convicted of being a felon in possession of a firearm. See 18 U.S.C. Sec. 922(g)(1). Because of his prior drug convictions, he...

  • Benton v. Carded Graphics Incorporated
    28 F3d 1208
    In this suit alleging that plaintiff was terminated from employment because of her religious practices in violation of federal law, the defendant employer appeals an award of $52,812.27. The finding ...

  • Creech v. Director Office Of Workers Compensation Programs
    28 F3d 1209
    Charles Creech seeks review of the Benefits Review Board's (Board) decision affirming the administrative law judge's (ALJ) decision to deny his application for black lung benefits under 30 U.S.C. Sec....

  • Tinsley v. Moore Business Forms Inc
    28 F3d 1210
    Wilbur Tinsley appeals from the district court's adoption of a magistrate judge's recommendation that Tinsley's action be dismissed. Tinsley also appeals the district court's award of attorneys' fees...

  • United States v. Caballero
    28 F3d 1211
    Cesar Caballero appeals his conviction and sentence based on three related drug offenses. Concluding that the District Judge committed no reversible error, we affirm. * Caballero raises six issues ...

  • United States v. Dussault
    28 F3d 1211
    Lyle Robert Dussault was convicted of two counts each of theft of mail, theft of mail by a postal employee, and fraudulent use of a credit card in violation of 18 U.S.C. Secs. 1708, 1709 (1988), and 1...

  • United States v. Council
    28 F3d 1211
    Herbert Council appeals his jury conviction for conspiracy to possess with the intent to distribute cocaine. Council contends that there was insufficient evidence to find that he was part of a conspi...

  • United States v. A Holman
    28 F3d 1211
    A jury convicted Philip A. Holman of possession with intent to distribute cocaine in violation of 21 U.S.C.A. Sec. 841(a)(1) (West 1981), (Count 1); possession with intent to distribute crack cocaine...

  • United States v. A Harris
    28 F3d 1211
    Appellants Michael A. Harris and Dioria D. Garcia raise six issues on appeal relating to the sentences they received following their convictions for conspiracy to distribute cocaine and other related ...

  • United States v. Acosta
    28 F3d 1211
    Maria Cecilia Acosta appeals her conviction of conspiracy to distribute and possession with intent to distribute cocaine in violation of 21 U.S.C.A. Sec. 846 (West Supp.1993) and possession with inten...

  • United States v. Moris Henriquez
    28 F3d 1211
    Marcelo Moris-Henriquez was convicted of conspiring to distribute cocaine in violation of 21 U.S.C.A. Sec. 846 (West Supp.1994) and distributing cocaine in violation of 21 U.S.C. Sec. 841(a)(1) (1988)...

  • United States v. Coleman
    28 F3d 1211
    Doug Coleman entered a guilty plea to conspiracy to distribute and to possess with intent to distribute tylox (oxycodone) and dilaudid (hydromorphone) in violation of 21 U.S.C.A. Sec. 846 (West Supp.1...

  • United States v. Jones
    28 F3d 1211
    Randy Lamont Jones challenges his conviction for possession of cocaine with intent to distribute. 21 U.S.C. Sec. 841(a)(1) (1988). Specifically, Jones argues that the ruling of the district court ad...

  • United States v. Simpson
    28 F3d 1212
    Donald L. Simpson appeals his convictions of both counts of a two-count indictment charging him with Felon in Possession of a Firearm, in violation of 18 U.S.C. Sec. 922(g) and Possession of an Unregi...

  • United States v. Schultz
    28 F3d 1212
    Larry Oliver Schultz appeals from his conviction and sentence for armed bank robbery in violation of 18 U.S.C.A. Sec. 2113(a), (d) (West 1991 & Supp.1993) and aiding and abetting the use of a fire...

  • United States v. Rodriguez
    29 F3d 619
    Appellant Isidro Rodriguez appeals his conviction on four counts of distributing cocaine, in violation of 21 U.S.C. Sec. 841(a), and one count of using or carrying a firearm during and in relation to ...

  • Linehan v. Harvard University
    29 F3d 619
    Plaintiff appeals the district court's dismissal of his diversity suit as time-barred under Massachusetts three-year statute of limitations for personal injury actions. The complaint alleges that bet...

  • United States v. K Tapia
    29 F3d 619
    This appeal asks us to determine whether the district court failed to consider subsection (b)(1) of U.S.S.G. Sec. 3E1.1 in denying defendant- appellant, Clifford Tapia, an additional one-level reducti...

  • Jackson v. Okaloosa County Florida
    21 F3d 1531
    Appellants Jackson and Musgrove appeal the dismissal of their class action complaint against Okaloosa County, Florida and its Commissioners, (the "County"), and the Fort Walton Beach Housing Authority...

  • Kelly v. Curtis
    21 F3d 1544
    John Kelly spent a year in jail awaiting trial on charges that were eventually dropped. After his release, Kelly sued Chatham County, Georgia, and three of its police detectives who had been involved...

  • Thornton v. Ei Du Pont De Nemours and Company Inc
    22 F3d 284
    Roger J. Dodd, L. Warren Turner, Jr., Valdosta, GA, for appellant. W. Gus Elliott, Valdosta, GA, Raymond Michael Ripple, E.I. Du Pont De Nemours and Co., Wilmington, DE, for appellee. Appeal from ...

  • United States v. Bond
    22 F3d 662
    In this consolidated appeal, defendants Dexter Bond, Ervin Brown, Jr., and Larry Walker, Jr., appeal their convictions and sentences for conspiracy (18 U.S.C. Sec. 371) and armed bank robbery (18 U.S....

  • United States v. Goodchild
    25 F3d 55
    Defendant-appellant, Christian Goodchild, was indicted on one count of using two unauthorized access devices, i.e., two Discover credit cards issued on two separate accounts, and obtaining goods and s...

  • David L Vanderveer v. United Parcel Service Inc
    25 F3d 403
    Randolph H. Freking (briefed), Susan M. Sauter (argued), Freking & Betz, Cincinnati, OH, for plaintiff-appellant. Rolf Scheidel (argued and briefed), Shumaker, Loop & Kendrick, Toledo, OH, f...

  • Fisher v. Guyer
    25 F3d 1048
    Appellant-Plaintiff Shalaan Fisher ("Fisher") appeals the district court's dismissal of her case for failure to state a claim under 42 U.S.C. Sec. 1983. For the reasons stated below, we AFFIRM. In ...

  • Holobaugh v. State Of Tennessee
    25 F3d 1048
    In 1991, State Technical Institute at Memphis ("State Tech") fired Mary Holobaugh, a 58-year-old office clerk. Holobaugh sued under the Age Discrimination in Employment Act, 29 U.S.C. Sec. 623(a)(1),...

  • Isroff v. Federal Insurance Co
    25 F3d 1048
    Plaintiffs Clifford and Irwin Isroff ("the Isroffs") appeal the district court's summary judgment against them. The Isroffs argue that the district court erred in holding that their claim for expense...

  • Naim v. Jim Rose Warden Et Al
    25 F3d 1049
    This is a prisoner civil rights case brought pursuant to 42 U.S.C. Sec. 1983. Appellant is an inmate at Turney Center Industrial Prison and Farm (Turney Center) in Only, Tennessee. Appellees are Jim...

  • Piping Of Ohio Inc v. Secretary Of Labor
    25 F3d 1049
    Petitioner, Piping of Ohio, Inc. ("Piping"), appeals the decision of the Occupational Safety and Health Review Commission ("Commission") finding it violated several underground excavation standards. ...

  • Texler v. County Of Summit Board Of Mental Retardation and Developmental Disabilities
    25 F3d 1050
    Merrilu Texler contends that she suffers from a condition known as multiple chemical sensitivities. She brought suit claiming that her employer, the County of Summit Board of Mental Retardation and D...

  • United States v. Braden
    25 F3d 1050
    Avery Ross Braden was arrested on state charges for robbery and was subsequently indicted by a federal grand jury on two counts of being a felon in possession of a firearm in violation of 18 U.S.C. Se...

  • United v. One
    25 F3d 1051
    Ronald Joseph Giacose ("Giacose") appeals from the district court's order enforcing a settlement agreement with the United States ("Appellee") concerning $134,920.00 seized during an authorized search...

  • United States v. Jaramillo
    25 F3d 1146
    Defendant Luis Jaramillo appeals from a final judgment of the United States District Court for the Eastern District of New York, 822 F.Supp. 118, convicting him, following his conditional plea of guil...

  • United States v. Retos
    25 F3d 1220
    Defendant George Retos ("Retos") was convicted on nine counts of an eleven-count indictment, including two counts of income tax evasion, in violation of 26 U.S.C. Sec. 7201, and one count of currency ...

  • United States v. Adediran K
    26 F3d 61
    Abdul-Rahma Adediran appeals his conviction and sentence for falsely misrepresenting his Social Security Account Number (SSAN), with the intent to deceive and for the purpose of obtaining something of...

  • Seman v. Coplay Cement Company
    26 F3d 428
    This appeal follows final judgment in favor of the appellee, Clarence C. Seman, on his age discrimination claim against his former employer, appellant United States Cement Company ("U.S. Cement"), pur...

  • United States v. Whittington
    26 F3d 456
    A jury convicted appellants James Whittington ("Whittington"), Daniel Atwood ("Atwood"), Claudette Collier ("Collier"), Riley Ferguson ("Ferguson"), and Barbara Stevens ("Stevens") on charges that the...

  • Weick v. Okeefe
    26 F3d 467
    Plaintiff-appellant Katherine Weick filed an administrative complaint of employment discrimination on the basis of sex, which the defendant-appellee, the Department of the Navy, rejected as untimely. ...

  • Malone v. Microdyne
    26 F3d 471
    At the trial of this securities-fraud class action brought by purchasers of the common stock of Microdyne Corporation, the district court heard the plaintiffs' evidence and then granted judgment as a ...

  • Jkj Chevrolet Incorporated Ford Motor Credit Company v. Reynolds and Reynolds Company
    26 F3d 481
    During the liquidation of JKJ Chevrolet, Incorporated (JKJ) pursuant to Chapter 7 of the Bankruptcy Code, see 11 U.S.C.A. Secs. 701-728 (West 1993), Reynolds & Reynolds Company (Reynolds) sought t...

  • Aliff v. Bp America Incorporated Bp Erisa Dr Erisa Erisa Bp Bp R Erisa P S Erisa
    26 F3d 486
    Forty-three former employees of BP America, Inc., (BP) appeal the order granting summary judgment to BP in the employees' action to recover severance benefits under a plan established by BP. We affirm...

  • 17806a Haynes Ss v. E Shalala
    26 F3d 812
    Samuel Haynes sought social security disability insurance benefits in 1990, alleging a disability since September of 1988 due to frequent blackout spells, high blood pressure, and swelling of his righ...

  • Yorkshire v. United States Internal Revenue Service
    26 F3d 942
    Analee Yorkshire as a more than one percent Keller shareholder sought disclosure of Keller Street Development Company's consolidated tax returns for the years 1987 through 1990 under the Freedom of In...

  • Harcourt v. Multistate
    26 F3d 948
    In these consolidated appeals Multistate Legal Studies, Inc. (Multistate) appeals a finding that it is in contempt of a consent decree arrived at in litigation with Harcourt Brace Jovanovich Legal an...

  • United States v. Mukai
    26 F3d 953
    The government appeals Karil Mukai's sentence and the district court's refusal to allow it to withdraw from its plea agreement. The district court had jurisdiction pursuant to 18 U.S.C. Sec. 3231, an...

  • United States v. Ashley
    26 F3d 1008
    This appeal concerns the relationship between 21 U.S.C. Sec. 841(a)(1) (1988) and 21 U.S.C. Sec. 860(a) (Supp. IV 1992). Section 841(a)(1) provides that it shall be unlawful for any person to knowin...

  • United States v. Simpson
    27 F3d 355
    John Rankin Simpson appeals from conviction of being a felon in possession of a firearm. The issue on appeal is whether Nevada, which had convicted him of a felony, had restored the right to have a f...

  • Boatwright Iii v. Jefferson Ji
    27 F3d 562
    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...

  • Cobbs v. State
    27 F3d 562
    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. Clark
    27 F3d 564
    Tyrone Clark appeals from the district court's order denying his motion for reconsideration of the court's denial of his motion for return of property. Because we find that the district court granted...

  • United States v. Chattman
    27 F3d 564
    Appellant Titus Chattman was convicted by a jury of distribution of crack cocaine, in violation of 21 U.S.C. Sec. 841(a)(1). The district court denied Chattman's motion for a new trial and, at senten...

  • McIntyre v. M Leavitt
    28 F3d 107
    MEMORANDUM Jerry D. McIntyre, a Nevada State prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous pursuant to 28 U.S.C. Sec. 1915(d). In his action,...

  • Sanders v. McElroy S M
    28 F3d 108
    MEMORANDUM California state prisoner Danny R. Sanders appeals pro se the district court's judgment, following a bench trial, in favor of prison officials in Sanders's action pursuant to 42 U.S.C. Sec...

  • Benson v. D Marshall
    28 F3d 104
    MEMORANDUM James D. Benson, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 petition. Benson was convicted of the murder of a fellow inmate and was...

  • Ac Circuit Breakers v. Hartford Fire Insurance Company
    28 F3d 104
    Before: BROWNING and KLEINFELD, Circuit Judges, and FONG, District Judge. MEMORANDUM** This case raises the question whether the district court erred in granting partial summary judgment in favor ...

  • Abel v. Cutler
    28 F3d 104
    MEMORANDUM Robert N. Abel, an Alaska state prisoner, appeals pro se the district court's dismissal, prior to issuance and service of process, of his 42 U.S.C. Sec. 1983 action. Abel contends the dis...

  • Fairfield v. Prewitt
    28 F3d 105
    MEMORANDUM James W. Fairfield, an Alaska state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for two counts of sexual abuse of a ...

  • Czajkowski
    28 F3d 105
    Here, it is undisputed that the Czajkowskis were dissenting shareholders in the Harcourt Brace Jovanovich, Inc. ("HBJ") merger with General Cinema Corporation ("GCC"). Accordingly, the district cour...

  • Grey v. Rutt
    28 F3d 106
    MEMORANDUM Larry Gene Grey, a Washington state prisoner, appeals pro se the district court's order dismissing his claims against certain defendants and staying the remainder of his claims pending exh...

  • Nelson v. Ignacio
    28 F3d 107
    MEMORANDUM Mark Nelson, a Nevada state prisoner, appeals pro se the district court's denial of his preliminary injunction in his 42 U.S.C. Sec. 1983 civil rights action. Nelson contends that the def...

  • Miller v. Schmidt
    28 F3d 107
    MEMORANDUM Marion Franklyn Miller, Jr., a California state prisoner, appeals pro se the district courts dismissal pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute his 42 U.S.C. Sec. 1983 actio...

  • Paine v. Ruffennach
    28 F3d 107
    MEMORANDUM Clairen M. Paine, a federal prisoner, appeals pro se the district court's order dismissing nine out of ten defendants he named in his civil rights action, and staying his Bivens v. Six Un...

  • Moraga v. Kaiser
    28 F3d 107
    MEMORANDUM Roy D. Moraga, a Nevada 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. Moraga contends that ...

  • Montes v. Gunn
    28 F3d 107
    MEMORANDUM Carlos Zepedas Montes, a California state prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition for failure to exhaust state remedies. Following a ju...

  • Simeona v. United Airlines Inc
    28 F3d 108
    MEMORANDUM July Simeona appeals pro se the district court's order granting defendant's motion to dismiss his 42 U.S.C. Sec. 1983 and breach of contract claims pursuant to Fed.R.Civ.P. 12(b)(6). Sime...

  • United States v. W Burks
    28 F3d 108
    MEMORANDUM Burks pleaded guilty to one count of conspiracy to manufacture and distribute cocaine base in violation of 21 U.S.C. Secs. 841(a)(1) and 846. The court sentenced him to 78 months imprison...

  • United States v. Webster
    28 F3d 110
    MEMORANDUM Loren Ray Webster, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion challenging his conviction pursuant to a guilty plea for conspiracy to d...

  • United States v. Marshall
    28 F3d 1217
    John Marshall, a postal employee, was found guilty of detaining and opening a letter in violation of 18 U.S.C. Sec. 1703(a). He was sentenced to four months in prison and three years of supervised re...

  • United States v. McGuirk
    29 F3d 636
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM Charles Joseph McGuirk appeals that part of his sentence requiring payment of restitution for viola...

  • United States v. Andrews
    22 F3d 1328
    Claude Harris Andrews appeals his conviction for possession of marijuana with intent to distribute, in violation of 21 U.S.C. Sec. 841(a)(1) (1988), and importation of marijuana, in violation of 21 U....

  • United States v. Clark
    24 F3d 299
    Edward Clark Jr. appeals his conviction for drug possession on the ground that the district court improperly denied his motion to suppress cocaine base discovered in his car. He argues that this evid...

  • Association Of Flight Attendants v. Usair Inc
    24 F3d 1432
    In 1992, USAir, Inc. ("USAir") entered into a ten-year arrangement with Shuttle, Inc. ("Shuttle"), pursuant to which USAir assumed managerial control of Shuttle's flight operations. When this deal ...

  • United States v. Boot
    25 F3d 52
    After the district court reduced its original sentence in response to a recent amendment to the Sentencing Guidelines, see United States Sentencing Commission, Guidelines Manual Sec. 2D1.1 (Nov. 1993)...

  • United States v. Green
    25 F3d 206
    Appellant Mark Green was the subject of a nine-count superseding indictment. He pled guilty to seven counts of fraud-related charges, but proceeded to a trial before a jury on two counts, one chargin...

  • Anderson v. United States
    25 F3d 704
    In 1990 Robert J. Anderson, a North Dakota resident, pleaded guilty to possession of a firearm by a felon in violation of 18 U.S.C. Sec. 922(g)(1). Anderson's status as a felon was based on his three...

  • Roth v. Uss Great Lakes Fleet Inc
    25 F3d 707
    John Cochrane, St. Paul, MN, argued (John A. Cockrane and Patrick C. Smith, on the brief), for appellant. Henry Billinsley, Cleveland, OH, argued (Henry E. Billingsley, II and Jeffrey A. Healy, Clev...

  • United States v. Sales
    25 F3d 709
    Leland Ewing Sales and Eugene Kenneth Moore appeal from their sentences after being convicted of conspiring to distribute methamphetamine, 21 U.S.C. Sec. 846 (1992). They allege that the district cou...

  • 17815a Mitchell v. E Shalala
    25 F3d 712
    Leo Mitchell filed applications with the Social Security Administration seeking disability-insurance benefits in 1990. His application for benefits was denied and, after a hearing, the ALJ rendered a...

  • United States v. T Warren
    25 F3d 890
    Johnnie T. Warren appeals his conviction for first degree murder. 18 U.S.C. Sec. 1111. He argues that the district court erred by employing the blind strike method of jury selection, admitting irrel...

  • Hagelin For President Committee Of Kansas v. Graves
    25 F3d 956
    Plaintiffs Dr. John Hagelin for President Committee of Kansas, Dr. John Hagelin, Jessie Nichols, Patricia Robinson, and Wanda Fern Kelly appeal from a summary judgment in favor of defendant Bill Grave...

  • Saunders v. Secretary Of Department Of Health and Human Services
    25 F3d 1031
    The Secretary of the Department of Health and Human Services (government) appeals from the September 30, 1992 judgment of the United States Claims Court, affirming the special master's decision awardi...

  • Whitman v. R Ventetuolo
    25 F3d 1037
    James W. Whitman, a Rhode Island prisoner, filed a pro se complaint seeking declaratory relief and damages pursuant to 42 U.S.C. Sec. 1983. Whitman claimed that from 1979 to 1988 prison officials had...

  • Miller v. L Hamilton M L E W
    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 America v. Gelis
    25 F3d 1041
    Steven Rudolph Gelis 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 discloses that this appeal is ...

  • Thompson v. Director Department Of Corrections
    25 F3d 1041
    Appellants appeal from the district court's order denying relief on their 42 U.S.C. Sec. 1983 (1988) complaint. Our review of the record and the district court's opinion discloses that this appeal is...

  • United States America v. Bradley
    25 F3d 1041
    Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion and his motion for reduction of sentence. Our review of the record and the district court's opinion acc...

  • United States America v. Duke
    25 F3d 1041
    Meir Avraham Duke appeals from the district court order denying his motion for release pending appeal. We affirm. This Court recently affirmed the district court order denying Duke's 28 U.S.C. Sec....

  • United States v. Caradine
    25 F3d 1050
    Defendant Rose Marie Caradine appeals her conviction on one count of money laundering in violation of 18 U.S.C. Sec. 1956(a)(1)(B)(i). Caradine seeks to overturn the conviction on the ground that the...

  • United States v. Roper
    25 F3d 1051
    Roberto Roper appeals his conviction on charges of conspiracy to distribute cocaine, making a false statement to obtain a firearm, possession of a firearm as a convicted felon, and money laundering. ...

  • United States v. R Karel
    25 F3d 1054
    E.D.Wis. AFFIRMED. Joan R. Karel was indicted with 13 counts of mail fraud in violation of 18 U.S.C. Sec. 1341. Following a bench trial she was found guilty on all counts charged. The court issu...

  • Cloyd v. Andersen and Company Inc Laine
    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...

  • Lewis v. Tuscan Dairy Farms Inc
    25 F3d 1138
    Defendant-appellant Local 584, International Brotherhood of Teamsters (Union), was the collective bargaining representative of plaintiffs-appellees, former workers at the Liberty Farms, Inc., milk pro...

  • Ricker v. Leapley
    25 F3d 1406
    Warden Walter Leapley and Associate Warden Douglas Weber of the South Dakota State Penitentiary appeal the district court's denial of qualified immunity in this Sec. 1983 suit by inmate Kevin L. Ricke...

  • 17808a Ramey v. E Shalala
    26 F3d 58
    Arlene Ramey appeals from the district court's grant of summary judgment affirming the Secretary of the Department of Health and Human Services (the Secretary) determination that she was not disabled ...

  • Joanou
    26 F3d 96
    In this appeal, plaintiffs raise a number of claims arising from their loss of employment and benefits when Coca-Cola sold a portion of its operations. The district court had jurisdiction pursuant to...

  • Badea v. Cox
    26 F3d 129
    MEMORANDUM John Badea, a former federal prisoner, appeals pro se the district court's summary judgment in favor of prison officials in Badea's civil rights action challenging the defendants' denial o...

  • Burgess v. A Cruz
    26 F3d 129
    MEMORANDUM Nathan Burgess appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous under 28 U.S.C. Sec. 1915(d). Burgess filed this action against San Francisco M...

  • Cuffle v. Agnos L Rn
    26 F3d 130
    MEMORANDUM Arizona state prisoner John Byron Cuffle appeals pro se the district court's grant of summary judgment in favor of the defendants. Cuffle alleged, in his 42 U.S.C. Sec. 1983 action, that ...

  • Green v. Armstrong
    26 F3d 130
    MEMORANDUM Nevada state prisoner Frederick L. Green appeals pro se from the district court's summary judgment dismissal of his 42 U.S.C. Sec. 1983 action against the Nevada Board of Parole Commission...

  • Cuffle v. Avenenti
    26 F3d 130
    MEMORANDUM Arizona state prisoner John Byron Cuffle appeals pro se the district court's grant of summary judgment in favor of the defendants. In his 42 U.S.C. Sec. 1983 action, Cuffle alleged that f...

  • Orndoff
    26 F3d 131
    MEMORANDUM James K. and Adela C. Orndoff appeal pro se the district court's dismissal of their action against the United States and others apparently challenging governmental authority to collect tax...

  • Marasco v. Procunier
    26 F3d 131
    MEMORANDUM Fred Marasco, a Nevada state prisoner, appeals pro se the district court's summary judgment in favor of defendant prison officials in Marasco's 42 U.S.C. Sec. 1983 action alleging that def...

  • Marcus Millichap Real Estate Investment Brokerage Company v. A Weiss
    26 F3d 131
    MEMORANDUM Marcus & Millichap, a real estate brokerage firm based in California, sued to recover a commission allegedly owed it by Robert and Gwynneth Weiss, owners of an apartment complex in Nev...

  • Maury v. Bui
    26 F3d 131
    MEMORANDUM California state prisoner Robert Edward Maury appeals pro se the district court's summary judgment for Dr. Tam Bui in Maury's 42 U.S.C. Sec. 1983 action alleging deliberate indifference to...

  • St Hilaire v. Lewis
    26 F3d 132
    MEMORANDUM Gary St. Hilaire, an Arizona state prisoner, appeals pro se the district court's grant of summary judgment in favor of the defendants. St. Hilaire alleged, in his 42 U.S.C. Sec. 1983 acti...

  • Skelly v. Heidemann Y T
    26 F3d 132
    MEMORANDUM Tom Skelly appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous under 28 U.S.C. Sec. 1915(d). Skelly filed this action against his ex-wife and her ...

  • Proxima Corporation v. Federal Insurance Company
    26 F3d 132
    Before: BROWNING and KLEINFELD, Circuit Judges, and FONG, District Judge MEMORANDUM The district court did not err in dismissing Proxima's complaint for failure to allege coverage under the policy'...

  • Phinney v. County Of San Diego
    26 F3d 132
    Before: BROWNING, and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. MEMORANDUM Plaintiffs can establish a constitutional deprivation under Sec. 1983 only by proving the individual defe...

  • Tweedy v. United States
    26 F3d 132
    MEMORANDUM Jack R. Tweedy appeals pro se the district court's summary judgment for the United States in his action brought under (1) 28 U.S.C. Sec. 2410 seeking to quiet title to certain personal pro...

  • United States v. Farmer
    26 F3d 133
    MEMORANDUM On June 11, 1993, Farmer pleaded guilty to possession of counterfeiting materials in violation of 18 U.S.C. Sec. 474. At sentencing, Farmer contested several factual findings contained in...

  • United States v. Nguyen
    26 F3d 134
    MEMORANDUM Quynh Khac Nguyen appeals his sentence under the Sentencing Guidelines for being a felon in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(1). We affirm. On April 15, 199...

  • United States v. Lopez Hernandez
    26 F3d 134
    Before: WALLACE, CHOY, and McGOVERN,* Circuit Judges. MEMORANDUM** Ricardo Lopez-Hernandez appeals his conviction and sentence following a jury trial for conspiracy to distribute and to possess wi...

  • United States v. Pena
    26 F3d 134
    Before: BROWNING, and FLETCHER, Circuit Judges, and FITZGERALD, District Judge MEMORANDUM The district court found: (1) the defendant was trusted with a very large amount of cocaine; (2) he not o...

  • United States v. Prudhomme
    26 F3d 134
    MEMORANDUM Patrick Prudhomme appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate his sentence. Prudhomme contends that he is entitled to a maximum sentence of ten ...

  • United States v. Salazar Barba
    26 F3d 135
    MEMORANDUM Heriberto Salazar-Barba appeals his conviction following a jury trial for being an illegal alien in possession of a firearm in violation of 18 U.S.C. Sec. 922(g)(5). Pursuant to Anders v...

  • United States v. E Vote
    26 F3d 135
    MEMORANDUM Bradley E. Vote appeals pro se the district court's summary judgment and order of foreclosure in favor of the United States in the government's action seeking to (1) reduce a 1983 tax asse...

  • United States v. Stordahl
    26 F3d 135
    MEMORANDUM Mark Lewis Stordahl appeals his conviction following a conditional guilty plea to student loan fraud in violation of 20 U.S.C. Sec. 1097(a). Stordahl was convicted of obtaining a student ...

  • Wyse v. Ingle
    26 F3d 136
    MEMORANDUM California state prisoner John Wyse appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction for first degree murder with a w...

  • Air Line Pilots Association v. Precision Valley Aviation Inc
    26 F3d 220
    This case took wing when the Air Line Pilots Association (ALPA), a labor organization, sued defendant-appellant Precision Valley Aviation, Inc. (Precision) to compel arbitration of a grievance initia...

  • United States v. J Minicone J E
    26 F3d 297
    The Government appeals from a judgment entered on July 23, 1993 in the United States District Court for the Northern District of New York (Munson, J.), after a second remand, sentencing defendant-appe...

  • Ssl Corporation Boutin Iii v. Vermont Federal Bank Fsb
    26 F3d 302
    Bankruptcy Trustee John R. Canney, III, appeals from an order of the United States District Court for the District of Vermont, Franklin S. Billings, Jr., Judge, affirming the order of the bankruptcy c...

  • Turtur v. Rothschild Registry International Inc I Dc and H
    26 F3d 304
    Mario Turtur and his two sons, Chris and Steve, plaintiffs below, appeal from the entry of summary judgment against them in the United States District Court for the Southern District of New York. We ...

  • United States v. Shaw
    26 F3d 700
    Dennis Shaw reentered the United States after having been deported following his conviction of possessing cocaine with intent to distribute that drug. Unauthorized reentry after deportation violates ...

  • United States v. Duranseau B M
    26 F3d 804
    Harvey Duranseau appeals both his jury conviction for aiding and abetting the interstate transportation of stolen goods in violation of 18 U.S.C. Secs. 2314 and 2 (1988) and the district court's sente...

  • Harris v. Provident Life and Accident Insurance Company
    26 F3d 930
    Lawrence and Mary Harris (collectively the "Harrises") appeal the grant of summary judgment against them on their state law causes of action for misrepresentation and breach of contract, and their ERI...

  • Washington Utilities and Transportation Commission v. Federal Energy Regulatory Commission
    26 F3d 935
    This case presents a challenge to certain cost calculations made by the Bonneville Power Administration ("BPA") in its operation of the Residential Exchange Program of the Pacific Northwest Electric P...

  • United States v. Richards
    27 F3d 465
    Pauline Richards, a/k/a Janie Nard, pled guilty to one drug distribution count of an indictment charging her with six counts of distribution of heroin in violation of 21 U.S.C. Sec. 841(a)(1) and four...

  • United States v. Abeyta
    27 F3d 470
    WHITE, Associate Justice (Retired). Appellant challenges his assault conviction under 18 U.S.C. Sec. 113(c), arguing primarily that the trial court's stated reasons for denying him a lesser included...

  • United States v. Young
    33 F3d 31
    George Young and William Rogers challenge their sentences imposed under the United States Sentencing Guidelines. Each defendant contends that the district court erroneously enhanced his sentence unde...

  • Willis v. Roche Biomedical Laboratories Inc Ei and M Md
    21 F3d 1368
    [T]he movant must discharge the burden the Rules place upon him: It is not enough to move for summary judgment without supporting the motion in any way or with a conclusory assertion that the plainti...

  • Jackson v. Veterans Administration
    22 F3d 277
    Plaintiff Donald Jackson challenges his termination from employment with the Veterans Administration. Jackson was given a temporary appointment as a housekeeping aide for the Veteran's Administration...

  • United States v. Mathena
    23 F3d 87
    James Mathena appeals the district court's sentence imposed upon revocation of his supervised release. Finding Mathena's sentence neither imposed in violation of law nor plainly unreasonable, we affi...

  • Sullivan v. Tagliabue
    25 F3d 43
    Plaintiff Charles Sullivan brought this action individually and as assignee of the assets of Stadium Management Corporation (SMC) challenging, as an illegal restraint in trade, a National Football Lea...

  • United States v. Sweet
    25 F3d 160
    In early 1992 the Northern Vermont Drug Task Force's investigation of cocaine distribution in Burlington, Vermont, focused on the defendant in this case, David Sweet, and his co-defendants, James Ritc...

  • United States v. A Dodson
    25 F3d 385
    Defendant Steven A. Dodson appeals the district court's order revoking his probation and sentencing him to six months' imprisonment. On appeal, the issues are (1) whether the district court violated ...

  • United States v. Diaz
    25 F3d 392
    Defendant Modesto Diaz appeals his conviction for possession, with intent to distribute, of one hundred pounds of marijuana, in violation of 21 U.S.C. Sec. 841(a)(1), arguing that the district court e...

  • Mosher
    25 F3d 397
    The district court denied Michael D. Mosher's application for admission to practice before the United States District Court for the Western District of Michigan, 830 F.Supp. 403. This is a direct app...

  • Sweeney v. City Of Ladue
    25 F3d 702
    Patrick Sweeney, a Ladue police officer, appeals from the district court's grant of summary judgment in his action against the City of Ladue, the Ladue Police Department, and certain Ladue officials f...

  • Jackson v. Axton Jackson
    25 F3d 884
    "Joy to the World" (the "Song") was composed in 1970. One day that year, Hoyt Axton rented a studio in order to record a demo tape of his solo musical work. He hired a band. David P. Jackson, Jr. w...

  • United States v. Santos Ferrer
    25 F3d 1037
    In this appeal, defendants Kim de los Santos Ferrer (Santos), Jairo Antonio Torres Amezquita (Torres) and Pedro Ayala Rosario (Ayala) challenge various aspects of their drug convictions and sentences....

  • Scarpa v. E Dubois
    25 F3d 1037
    On April 26, 1993, while a prisoner in the Northeastern Correctional Center (NCC), in Concord, Massachusetts, Nazzaro Scarpa filed, pro se, a lawsuit, pursuant to 42 U.S.C. Sec. 1983, against Larry E...

  • Serna v. United States
    25 F3d 1037
    We affirm the denial of appellant's Sec. 2255 petition for the reasons stated by the district court in its November 23, 1993 order. The questions concerning Guillermo and Munoz, to which appellant re...

  • Ford Ford v. United States Mountain Farm Credit Aca
    25 F3d 1039
    Alfred W. Ford, Wendy Ford, and Richard Ford appeal from the district court's order granting summary judgment and setting aside a transfer as fraudulent pursuant to the Federal Debt Collection Procedu...

  • Antonelli v. Executive Office For United States Attorneys
    25 F3d 1053
    Michael Antonelli sought to file a complaint in forma pauperis in the district court pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. Sec. 552. The district court found the complaint to be...

  • United States v. Diaz
    25 F3d 1054
    Before FLAUM and ROVNER, Circuit Judges, and CRABB, Chief District Judge. In May 1992, Samuel Diaz, Oralia De La Torre, Raul Ibarra, and several others were indicted as members of a conspiracy to di...

  • Farmers Alliance Mutual Insurance Co v. Rizzo
    25 F3d 1056
    Before MOORE and KELLY, Circuit Judges, and VAN BEBBER, District Judge. ORDER AND JUDGMENT VAN BEBBER, District Judge. In this declaratory judgment action, defendant-appellant, Cody Rizzo, appeal...

  • Johnson v. W Spencer
    25 F3d 1057
    Mr. Johnson, appearing pro se, appeals from the district court's dismissal of his civil rights complaint. Mr. Johnson seeks money damages, alleging that the Defendant, a police officer, testified fal...

  • United States v. M Chaplin
    25 F3d 1373
    In this appeal, James M. Chaplin challenges the sufficiency of the evidence to convict him of three counts of perjury under 18 U.S.C. Sec. 1621. Mr. Chaplin submits that the government failed to sati...

  • United States v. Baker
    25 F3d 1452
    Ronald Keith Baker and Robert Majors each pleaded guilty to one count of being an accessory after the fact to the making of a false statement on a loan application they submitted to California First B...

  • Skouras v. United States
    26 F3d 13
    Spyros S. Skouras and Spyros S. Skouras, Jr., appeal from a judgment for the government against each appellant in the amount of $786,999.51 entered in July 1993 in the United States District Court for...

  • Prue v. City Of Syracuse G Pba J A A E A B F H
    26 F3d 14
    This appeal asks us to determine whether the due-process right to a hearing before termination of a police officer's employment under Sec. 73 of the New York Civil Service Law was clearly established ...

  • 98235 Vms Limited Partnership Securities Litigation Berger
    26 F3d 50
    As part of a settlement, members of the class in this case agreed to give up all securities claims against CIGNA Securities, Inc., in exchange for modest payments. CIGNA provided financial planning s...

  • United States v. Cody
    26 F3d 133
    MEMORANDUM Defendant-Appellant Morgan James Cody, (aka James Joseph Boyle), was to receive $1,500 for selling over $200,000 of cocaine. Cody's illegal activities, however, led to his arrest. Cody w...

  • United States v. Carrillo De Molina
    26 F3d 133
    MEMORANDUM On April 21, 1991, Appellant-Defendant Alicia Carrillo De Molina ("Carrillo") attempted to walk through the Nogales port of entry carrying approximately one kilogram of heroin strapped aro...

  • United States v. Garcia Mora
    26 F3d 133
    Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, Senior District Judge. MEMORANDUM Alejandro Garcia-Mora appeals the district court's denial of his 28 U.S.C. Sec. 2255 motion to vaca...

  • United States v. Vizcarra
    26 F3d 135
    Before: ALARCON, FERNANDEZ, Circuit Judges, and HILL, District Judge MEMORANDUM Appellant Hugo Vizcarra ("Vizcarra") appeals from a jury conviction on one count of possession of marijuana with inte...

  • Wachtell Lipton Rosen Katz v. Commissioner Of Internal Revenue
    26 F3d 291
    The Commissioner of Internal Revenue (the "Commissioner") appeals from a decision of the United States Tax Court (Clapp, Judge ), which redetermined the allowability of a portion of certain tax deduct...

  • Spring Garden Associates Lp v. Resolution Trust Corporation Pa Sa
    26 F3d 412
    The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA") authorizes the Resolution Trust Corporation ("RTC") to remove certain actions from state court to federal court: Th...

  • Nelson v. Boatmens Bancshares Inc
    26 F3d 796
    Clarence L. Nelson brought this age discrimination case against the appellants (Boatmen's) pursuant to the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Secs. 621-634, and the Missouri Human ...

  • United States v. Skyline Terrace
    26 F3d 923
    The Internal Revenue Service (IRS) initiated forfeiture proceedings against two properties owned by appellants. The IRS failed to obtain prior authorization from the Treasury Secretary, as it was sta...

  • United States v. Meraz Valeta
    26 F3d 992
    Defendant Victor Meraz-Veleta appeals his conviction for unlawful reentry after deportation, 8 U.S.C. Sec. 1326(a), (b)(2). We have jurisdiction under 28 U.S.C. Sec. 1291. On November 16, 1988, Def...

  • United States v. Jackson
    26 F3d 999
    Mr. Jackson, convicted by a jury of four counts of mail fraud under 18 U.S.C. Secs. 1341, 2, challenges the sufficiency of the evidence on counts two through four and the calculation of loss for sente...

  • United States v. Greenspan A
    26 F3d 1001
    Peter Schoenburg of Rothstein, Donatelli, Hughes, Dahlstrom, Cron and Schoenburg, Albuquerque, NM, for appellant. Louis E. Valencia, Asst. U.S. Atty. (U.S. Atty., Larry Gomez with him on the brief)...

  • Cablevision Of Michigan Inc v. Sports Palace Inc
    27 F3d 566
    Cablevision of Michigan, Inc. brought suit under the Communications Act, claiming that Sports Palace, Inc. improperly broadcast a pay-per-view boxing match to patrons of its bar, the Sports Forum. Ca...

  • United States v. Simpson
    27 F3d 568
    Defendant Thomas Edward Simpson was convicted of three counts of possession with intent to distribute LSD in violation of 21 U.S.C. Sec. 841(a)(1). On appeal, defendant challenges the district court'...

  • Campbell v. Merit Systems Protection Board
    27 F3d 1560
    This case involves the Hatch Political Activities Act, 5 U.S.C. Sec. 7324(a)(2) (1988) (Hatch Act), which prohibits certain federal employees from "tak[ing] an active part in political management or i...

  • Ghebllawi v. Immigration and Naturalization Service
    28 F3d 83
    Tarek Ghebllawi petitions this court for review of the decision of the Board of Immigration Appeals (the Board) denying him eligibility for asylum in the United States under 8 U.S.C. Sec. 1101(a)(42)....

  • Tyler v. Borg
    29 F3d 634
    MEMORANDUM Petitioner Morese Wardell Tyler ("Tyler") appeals pro se the district court's denial of his petition for habeas corpus. Tyler's first trial in state court resulted in a hung jury. At hi...

  • United States v. A Fisher Mv Bookmaker Mv Tropical Magic Mv Dauntless
    22 F3d 262
    This is an appeal from an order of the United States District Court for the Southern District of Florida preliminarily enjoining the appellants from violating the Marine Protection, Research, and Sanc...

  • Alabama Power Company v. Federal Energy Regulatory Commission
    22 F3d 270
    This case involves the timeliness of a Federal Energy Regulatory Commission (FERC) order requiring five electric power companies to revise one of their rate filings. The petitioners, the affected pow...

  • United States v. A Bell
    22 F3d 274
    Defendant-appellant Ronnie A. Bell pled guilty to charges of embezzlement, making false statements, mail fraud, and conspiracy to commit these crimes. After his guilty plea but before his sentencing,...

  • United States v. Tdc Management Corporation Inc
    24 F3d 292
    TDC Management Corporation ("TDC") entered into a cost-reimbursement contract with a federal agency to implement a Demonstration Bonding Program pairing minority business enterprises with private inve...

  • Cooper v. United States Railroad Retirement Board
    24 F3d 1414
    Separate statement filed by Circuit Judge SILBERMAN, dissenting from the award of attorney's fees and costs. Upon consideration of the application for award of attorney's fees and the amendments the...

  • City Of Houston Texas v. Department Of Housing and Urban Development
    24 F3d 1421
    On August 9, 1986, the city of Houston, Texas, was awarded a $21.6 million Community Development Block Grant ("CDBG") for the fiscal year 1986. The award was made by the Department of Housing and Urb...

  • United States v. McAdams
    25 F3d 370
    Defendant-appellant, Davis Lamar McAdams, appeals the sentence he received after his conviction for possession of a firearm by a felon in violation of 18 U.S.C. Sec. 922(g). For the following reasons...

  • United States v. W Duerson
    25 F3d 376
    Armed with a loaded sawed-off shotgun and a container of Mace, defendant David Duerson, a managerial employee of the United Parcel Service, committed a robbery in which he took more than $185,000 from...

  • United States v. Quintanilla
    25 F3d 694
    Juan Torres Velasquez and Jose Santos Quintanilla appeal their convictions and sentences for possessing marijuana with the intent to distribute, in violation of 21 U.S.C. Sec. 841(a)(1), and for consp...

  • Carpenters Health and Welfare Trust Fund For California v. Tri Capital Corp
    25 F3d 849
    Appellants, ERISA benefit plans for members of the carpenters' union, are owed money by a subcontractor for work performed on a building improvement project. They brought suit in state court against ...

  • United States v. Wiseman
    25 F3d 862
    Joel C. Parris, Asst. Federal Public Defender, Tucson, AZ, for defendant-appellant. Virginia C. Kelly, Asst. U.S. Atty., Tucson, AZ, for plaintiff-appellee. Appeal from the United States District ...

  • Northwest Resource Information Center Inc v. National Marine Fisheries Service Northwest Resource Inf
    25 F3d 872
    Northwest Resources Information Center, et al. brought suit against the Bonneville Power Administration, the Army Corps of Engineers, the Bureau of Reclamation, and the National Marine Fisheries Servi...

  • Adair Bus Sales Inc v. Blue Bird Corporation
    25 F3d 953
    This appeal arises out of Plaintiff's complaint against Defendant for breach of contract and declaratory judgment. Between 1978 and 1991, the parties entered into several contracts whereby Plaintiff ...

  • Bolling v. Warden
    25 F3d 1038
    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...

  • Clark v. E Shalala
    25 F3d 1038
    James Clark brings this action under 42 U.S.C.A.Sec. 405(g) (West Supp.1994), seeking review of the final decision of the Secretary of Health and Human Services denying his claim for supplemental secu...

  • United States v. Cooper
    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. A Delinois
    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....

  • Garman v. C Dougherty Garman
    25 F3d 1048
    These related appeals challenging the district court's various orders imposing sanctions under Rule 11 of the Federal Rules of Civil Procedure arise from William E. Dalby's bankruptcy case. During t...

  • Merrill Lynch Pierce Fenner Smith Inc v. F Tiano
    25 F3d 1049
    Even though the stockbroker employment agreement at issue here had a mandatory arbitration clause, the district court enforced non-compete provisions of the contract by enjoining the defendant, a form...

  • United States v. J Kendrick
    25 F3d 1051
    Defendant James J. Kendrick appeals his conviction for knowingly transporting and shipping child pornography in interstate commerce by mail. Kendrick argues that the district court erred in refusing ...

  • United States v. A Kilonsky
    25 F3d 1051
    Defendant Dr. Francis A. Kilonsky, an osteopath, appeals his sentence for willfully making and subscribing false personal and corporate income tax returns, in violation of 26 U.S.C. Sec. 7206(1). Kil...

  • Bybee v. Proctor Community Hospital
    25 F3d 1053
    Beginning in 1973, when she was 42 years old, Helen Bybee worked as a licensed practical nurse (LPN) at Proctor Community Hospital in Peoria, Illinois. She worked the night shift (from 11 p.m. until ...

  • United States v. Atkins
    25 F3d 1401
    Robert J. Thomas, Jr., St. Louis, MO, argued, for appellant. Steven A. Muchnick, St. Louis, MO, argued, for appellee. Before HANSEN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and MELLOY...

  • Nghiem v. Nec Electronic Inc Nec H
    25 F3d 1437
    In this challenge to an arbitrator's award, we are asked to decide, among other issues, whether the so-called "American Safety doctrine" continues to prevent submission of antitrust claims to arbitrat...

  • Pacific Northwest Generating Cooperative v. H Brown Us and Aluminum Company Of America Elf
    25 F3d 1443
    Salmon and waterpower, the two great natural resources of the Columbia River Basin, have been in tension with each other for over half a century as they have been put to use by human hands and mouths....

  • United States v. Lopez Martinez
    25 F3d 1481
    This direct criminal appeal returns us to a well-traveled road: the constitutionality of a roving border patrol stop on New Mexico's Highway 185. The Defendant-Appellant, Roberto Lopez-Martinez ("Lo...

  • 3 E Company Inc v. National Labor Relations Board
    26 F3d 1
    In this action, the International Brotherhood of Electrical Workers, Local Union # 567 ("the Union") alleged that The 3-E Company ("3-E") engaged in unfair labor practices. After a hearing, an admini...

  • Dowaliby v. Nat Railroad Passenger Corporation
    26 F3d 130
    MEMORANDUM George Dowaliby filed a wrongful termination action against defendant National Railroad Passenger Corporation ("Amtrak") after he was dismissed for refusing to submit to a urinalysis drug ...

  • Forum Insurance Co v. County Of Nye Nevada
    26 F3d 130
    Before: WALLACE, WIGGINS, Circuit Judges, and SMITH, District Judge MEMORANDUM Appellant County of Nye (the "County") appeals the district court's entry of summary judgment in favor of Appellee For...

  • Faramarzi
    26 F3d 130
    MEMORANDUM Appellant Harold Sellers appeals the entry of default and the entry of a default judgment in the amount of $1,099,954. He claims that he never received notice of the case and that he was ...

  • Smith v. Perez
    26 F3d 132
    MEMORANDUM Michael Smith, a Nevada state prisoner, appeals pro se the district court's summary judgment in favor of defendant Senior Correctional Officer William Perez in Smith's 42 U.S.C. Sec. 1983 ...

  • Tamayo v. Department Of Labor
    26 F3d 132
    MEMORANDUM Carlos Tamayo appeals the district court's summary judgment in favor of individual federal defendants, and partial summary judgment in favor of the Department of Labor. Because the distri...

  • United States v. Anderson
    26 F3d 133
    MEMORANDUM Christopher Anderson appeals his convictions for conspiring to distribute cocaine in violation of 21 U.S.C. Secs. 841(b)(1)(B) & 846, possession of cocaine with the intent to distribut...

  • United States v. Rich
    26 F3d 135
    MEMORANDUM Appellant David Rich appeals his conviction and sentence for his involvement in a methamphetamine-production conspiracy. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm the dist...

  • United States v. P Tuuri
    26 F3d 135
    MEMORANDUM Michael Tuuri appeals pro se the district court's order enforcing an Internal Revenue Service (IRS) summons for appearance and production of books, records, papers, and other data relating...

  • Isaacman Je Nicholson v. L Isaacman
    26 F3d 629
    In this bankruptcy proceeding, plaintiff J.E. Nicholson, Jr. filed a complaint seeking to have a debt owed to him by defendant Kenneth L. Isaacman declared nondischargeable. The bankruptcy court conc...

  • Sutton v. Earles
    26 F3d 903
    The plaintiffs are four survivors and the representatives of five deceased victims of an allision between a pleasure boat and a Navy mooring buoy. They obtained a judgment against the United States i...

  • United States v. T Quemado
    26 F3d 920
    Randall T. Quemado appeals his conditional guilty plea conviction for driving while his license was revoked in violation of Hawaii Revised Statutes Sec. 291-4.5. The district court rejected Quemado's...

  • Public Service Company Of Colorado v. Continental Casualty Company Cna
    26 F3d 1508
    Plaintiff-appellee Public Service Company of Colorado (PSC) brought this suit for declaratory relief and damages against defendant-appellant Continental Casualty Co., d/b/a CNA Insurance (CNA), seekin...

  • Reich v. Petroleum Sales Inc
    30 F3d 654
    The Secretary of Labor sued Petroleum Sales, Inc., William D. Flowers, its president and 50 percent owner, and William Dallas Flowers, Jr., its vice president and 50 percent owner (collectively "PSI")...

  • Bayaca v. Brown
    36 F3d 1107
    The Secretary of Veterans Affairs moves for leave to waive Fed.Cir.R. 27(e) and to dismiss Alfredo P. Bayaca's appeal. Bayaca has not filed a response. On November 22, 1993, the Court of Veterans A...

  • Mira v. Brown
    36 F3d 1107
    The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(e) and to dismiss Judito E. Mira's appeal for lack of jurisdiction. Mira has not filed a response. On September 18...

  • Renta Roldan v. Brown
    38 F3d 1222
    The Secretary of Veterans Affairs moves to waive the requirements of Fed.Cir.R. 27(e) and to dismiss Eugenio Renta-Roldan's appeal for lack of jurisdiction. Renta-Roldan has not filed a response. R...

  • Hall v. United States
    38 F3d 1222
    Jerry Hall moves for reconsideration of the court's May 4, 1994 order dismissing his appeal for failure to file a brief, with brief attached. The United States moves for summary affirmance of the Dec...

  • Jd Havinga v. Crowley Towing and Transportation Company Jd Havinga
    24 F3d 1480
    This admiralty action stems from a nighttime collision approximately four miles off the island of Culebra, Puerto Rico, between the 65-foot sailboat GLORIA and a 262-foot barge under tow by the tugboa...

  • Perez Ruiz v. Crespo Guillen Lopez De Jesus
    25 F3d 40
    Appellants Perez and Lopez were arrested and detained in connection with separate incidents on July 31, 1990, in Santurce, Puerto Rico, and charged with selling cocaine. Both were released on bail af...

  • Graham v. Lanfong
    25 F3d 203
    In this appeal, we hold that a prisoner serving a Virgin Islands sentence in a federal prison is entitled to the good-time credits provided by federal law rather than those applicable under a territor...

  • Wilson v. Groaning
    25 F3d 581
    Thomas R. Peters (argued), James E. Neville, Gundlach, Lee, Eggmann, Boyle & Roessler, Belleville, IL, for plaintiff-appellant. Rosalyn B. Kaplan, Asst. Atty. Gen., Daniel N. Malato, Asst. Atty....

  • United States v. Clymer
    25 F3d 824
    Once again, we are called upon to review a conviction obtained by the government as a result of its four-year sting operation at the Triple Neck Scientific company in Kearny Mesa, California. See, e....

  • Corder v. Brown
    25 F3d 833
    The district court awarded plaintiffs-appellees $90,333 in attorney's fees after they prevailed in a 42 U.S.C. Sec. 1983 action. Corder v. Gates, 688 F.Supp. 1418 (C.D.Cal.1988). Both parties appeal...

  • Getachew v. Immigration and Naturalization Service
    25 F3d 841
    Samson Getachew, a native and citizen of Ethiopia, petitions for review of the Board of Immigration Appeals's denial of his applications for asylum and withholding of deportation under 8 U.S.C. Secs. ...

  • Ryder v. E Shalala
    25 F3d 944
    In this case we are called upon to decide the validity of Title XVI: SSI Treatment of Veterans Administration Payments to SSI Eligibles/Fiduciaries, a ruling by the Social Security Administration ("S...

  • United States v. Pasquale
    25 F3d 948
    On October 6, 1992, the court set the trial date for November 30, the clerk's office contacted an attorney who agreed to represent Mr. Pasquale, and the clerk sent notices to government and new defens...

  • Perske v. Office Of Personnel Management
    25 F3d 1014
    Robert A. Perske petitions for review of the July 29, 1993 decision of the Merit Systems Protection Board, Docket No. SE-0831-89-0052-B-2, affirming a decision of the Office of Personnel Management (O...

  • In Re Craig O Copley
    25 F3d 1038
    Craig O. Copley filed this original habeas corpus petition in this Court challenging the events leading to his current confinement in the United States Medical Center for Federal Prisoners in Springfi...

  • United States v. C Broadwell
    25 F3d 1041
    Franklin C. Broadwell appeals from the district court's order denying his Fed.R.Crim.P. 35(b) motion to reduce his sentence after pleading guilty to bankruptcy fraud in violation of 18 U.S.C.A. Sec. 1...

  • Boyle v. J Brigano
    25 F3d 1047
    Dr. John F. Boyle, Jr., a pro se Ohio prisoner, appeals the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254. Boyle was convicted in the Richland County C...

  • Schirrick v. Butler Aviation
    25 F3d 1050
    Plaintiff Rebecca A. Schirrick appeals the grant of summary judgment for defendant Butler Aviation in this diversity action, which charged defendant with discriminating against plaintiff because of he...

  • United States v. Cunningham
    25 F3d 1051
    Defendant Everett Cunningham entered a conditional plea of guilty to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922(g), and was sentenced as an armed career ...

  • United States v. Hamberlin
    25 F3d 1051
    Claiming that the district court erred in finding them each responsible for 100 grams or more of pure phencyclidine, commonly known as PCP, Charles Hamberlin and Reynaldo Payne appeal the sentences im...

  • United States v. Lennox
    25 F3d 1051
    Kenneth Duane Lennox appeals his conviction and sentence for armed bank robbery and use of a firearm in the commission of the robbery. Lennox alleges that the district court erred in admitting eviden...

  • United States v. Thompson
    25 F3d 1052
    Defendant William Aubrey Thompson appeals his sentence on convictions for operating an illegal gambling business and structuring a financial transaction to avoid reporting requirements. Thompson argu...

  • United States v. A Martenson
    25 F3d 1054
    Jerome A. Martenson was convicted of two counts of abusing a patient at a Veterans Administration Medical Center in violation of 18 U.S.C. Secs. 7(3) and 13 and of one count of submitting a false clai...

  • Brinlee v. Vogt Md
    25 F3d 1055
    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...

  • United States v. J Meeks
    25 F3d 1117
    Defendant Larry J. Meeks appeals from a judgment entered in the United States District Court for the District of Vermont, Franklin S. Billings, Jr., Judge, revoking his supervised release pursuant to ...

  • Shields v. Citytrust Bancorp Inc F
    25 F3d 1124
    We must accept as true all facts alleged in the Second Amended Complaint dismissed by the district court. See Luce v. Edelstein, 802 F.2d 49, 52 (2d Cir.1986). At all relevant times, Citytrust was a...

  • Grand Chevrolet Inc Sulmeyer v. Pacific Bmw
    26 F3d 130
    MEMORANDUM Trustee Irving Sulmeyer appeals the granting of summary judgment to Pacific BMW. The district court held that the transfers of 13 vehicles from the debtor to Pacific BMW were not preferen...

  • Puffer v. A Lewis
    26 F3d 132
    Before: NORRIS AND O'SCANNLAIN, Circuit Judges; COUGHENOUR, District Judge. James Boy Puffer was convicted of second degree murder. He filed a petition for writ of habeas corpus pursuant to 28 U....

  • United States v. L Eljammal
    26 F3d 133
    MEMORANDUM Moustapha Eljammal appeals his conviction for knowingly making false statements to a firearms dealer in the purchase of a firearm, in violation of 18 U.S.C. Sec. 924(a)(1)(A). * Eljammal...

  • United States v. Kauwe
    26 F3d 134
    Before: FARRIS, BEEZER, and RYMER, Circuit Judges MEMORANDUM Patten George Kauwe, Jr. appeals his jury conviction and sentence under the Armed Career Criminals Act and the Sentencing Guidelines for...

  • United States v. S Hubbard
    26 F3d 134
    MEMORANDUM These appeals all arise out of various transactions conducted by the appellants while they were employed by the Sutter Agricultural Stabilization and Conservation Service ("ASCS"). Shelah...

  • United States v. Treur
    26 F3d 135
    MEMORANDUM John Treur appeals from his conviction for possession of firearms, in violation of 18 U.S.C. Sec. 922(g)(1), and possession of an unregistered firearm, in violation of 26 U.S.C. Sec. 5861(...

  • Woodall v. Rowland
    26 F3d 136
    Before: NORRIS and O'SCANNLAIN, Circuit Judges and COUGHENOUR, District Judge. Nicky Woodall was convicted of first degree murder. After exhausting his state court remedies, Woodall filed a petiti...

  • United States v. N Wilkinson
    26 F3d 623
    During the late 1980's, the Kentucky legislature passed legislation allowing for inter-track wagering ("ITW"). Under this legislation, if no horse racing were running at a particular track, it could ...

  • Carter v. Peters Iii
    26 F3d 697
    Donald S. Honchell (argued), Office of Cook County Public Defender, Chicago, IL, for petitioner-appellant. Roland W. Burris, Office of Atty. Gen., Terence M. Madsen, Asst. Atty. Gen., Martha E. Gill...

  • Travelers Indemnity Company v. Vessel Sam Houston
    26 F3d 895
    This action arose when a barge owned and operated by appellee sank in the inner harbor of Alexandria, Egypt. The barge was carrying machinery and materials for appellant's assured. Appellant sustain...

  • Turkish v. Kasenetz B
    27 F3d 23
    Plaintiffs Ada Turkish Trask and Arthur Turkish appeal from a judgment of the District Court for the Eastern District, Nickerson, Judge, remanding two related actions to the New York Supreme Court. I...

  • United States v. Night
    29 F3d 479
    In these consolidated appeals, Alfie Night appeals the 135-month sentence imposed following entry of a guilty plea to six counts of bank robbery in violation of 18 U.S.C. Sec. 2113(a) and the 24-month...

  • United States v. Vernon Home Health Inc
    21 F3d 693
    Vernon Home Health Care Agency, Inc. ("Vernon II"), a purchaser of the corporate assets of a medicare provider, Vernon Home Health, Inc. ("Vernon I"), appeals a summary judgment in favor of the gove...

  • Hartford Casualty Insurance Company v. Federal Deposit Insurance Corporation
    21 F3d 696
    Petition for Review of an Order of the Federal Deposit Insurance Corporation. Before HIGGINBOTHAM and WIENER, Circuit Judges, KAUFMAN, District Judge. KAUFMAN, District Judge. Plaintiffs ("Hartf...

  • United States v. B Jones
    24 F3d 1544
    Defendant, Joseph Jones, contends in this appeal that the district court erred when it sentenced him to a term of supervised release in connection with his violation of 18 U.S.C. Sec. 924(c), carrying...

  • United States v. M Pion
    25 F3d 18
    After a two-week trial, Rene Pion was convicted on three cocaine-related charges and sentenced to concurrent mandatory minimum ten-year prison terms, pursuant to 21 U.S.C. Sec. 841(b)(1)(A)(ii). We a...

  • McDonald v. Peabody Coal Company Us
    25 F3d 1049
    This appeal involves a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. Secs. 901-945, brought by the petitioner, Raymond W. McDonald, who worked more than 20 years in the coal mining i...

  • United States v. Gibbens
    25 F3d 28
    This appeal presents an unsettled question: is the government a "victim" within the purview of the Victim and Witness Protection Act, 18 U.S.C. Secs. 3363-3364 (VWPA or the Act), and, thus, entitled ...

  • United States v. M Gallant
    25 F3d 36
    In this appeal, defendant Jeffrey M. Gallant challenges, on three separate grounds, his sentence for manufacturing and possession of marijuana. After carefully considering defendant's arguments, we a...

  • Securities and Exchange Commission v. Graystone Nash Inc
    25 F3d 187
    The defendants in this civil proceeding refused to answer questions during their discovery depositions in reliance on the right against self-incrimination. In response to a motion by plaintiff, the d...

  • Charlton v. Paramus Board Of Education
    25 F3d 194
    Pro se appellant, Ann Mery Charlton ("Charlton"), appeals an order of the United States District Court for the District of New Jersey granting summary judgment to appellees, the Paramus Board of Educa...

  • Parameter Driven Software Inc v. Massachusetts Bay Insurance Company
    25 F3d 332
    Plaintiff Parameter Driven Software, Inc. ("Parameter" or "the Insured") sued its insurer, Massachusetts Bay Insurance Co. ("Massachusetts Bay" or "the Insurer") for breach of a contractual obligati...

  • Union Security Mortgage Company Stewart v. East Tennessee Title Insurance Agency Inc
    25 F3d 338
    Larry Stewart, plaintiff and trustee for Union Security Mortgage Company ("debtor"), appeals the district court's reversal of the bankruptcy court's order that voided the assignment of a note and deed...

  • United States v. J Lesperance
    25 F3d 553
    On February 25, 1992, a federal grand jury indicted Russel J. Lesperance for willfully falsifying material facts in order to obtain a Small Business Administration (SBA) disaster loan in violation of ...

  • Beck Oil Company Incorporated Ep Vw v. Texaco Refining and Marketing Incorporated
    25 F3d 559
    In 1985, Texaco Refining and Marketing, Inc. (TRMI), decided to withdraw from marketing motor fuels at retail in a contiguous area spanning Illinois, Wisconsin, Indiana, and Kentucky. In furtherance...

  • United States v. T Moore A
    25 F3d 563
    On July 16, 1992, Nicholas Moore and Scott Anderson entered the Wagner Credit Union in Decatur, Illinois. Brandishing handguns, they removed over $4,600 from a teller's drawer and swiftly made their ...

  • Resolution Trust Corporation v. Aetna Casualty and Surety Company Of Illinois
    25 F3d 570
    This is yet another chapter in the saga of Bevill, Bresler & Schulman ("BBS"), a Livingston, New Jersey, securities dealer that went bankrupt during the mid-1980s, apparently due to massive fraud ...

  • 17803a Payton v. E Shalala
    25 F3d 684
    Hershel Payton applied for disability benefits (DIB) and Supplemental Security Income (SSI) in November 1990 alleging disability due to a work-related back injury. His claim was denied initially and ...

  • Morley v. B Stenberg L Morley
    25 F3d 687
    In accordance with the above discussion, we reverse the district court's judgment and deny the Morleys' request for habeas corpus relief. ...

  • United States v. Rodriguez Martinez
    25 F3d 797
    We consider the conditions under which a court may depart upward from a statutorily-imposed mandatory minimum sentence. * Francisco Rodriguez-Martinez ("Rodriguez") was convicted of possession with ...

  • Elliott v. City Of Union City
    25 F3d 800
    The issue before us is whether the California disability statute, Cal.Civ.Proc.Code Sec. 352(a)(3), tolls the statute of limitations when a plaintiff, suing under 42 U.S.C. Sec. 1983 to recover for in...

  • Forrester v. City Of San Diego D
    25 F3d 804
    Anti-abortion demonstrators who were arrested for trespass and unlawful assembly appeal (1) the district court judgment that the City of San Diego's policy regarding pain compliance arrest techniques ...

  • United States v. Routon
    25 F3d 815
    Is a gun used "in connection with" interstate transportation or unlawful possession of a stolen car, thereby justifying enhanced sentencing, if it is found in the glove compartment when the thief is e...

  • United States v. J Stoops
    25 F3d 820
    Michael Stoops appeals the sentence imposed under the United States Sentencing Guidelines following his plea of guilty to one count of bank robbery. Stoops received a two-level downward adjustment fo...

  • Quinlan v. Koch Oil Company A Division Of Koch Industries Inc Gpm
    25 F3d 936
    Defendant Koch Oil Company ("Koch") appeals the district court's grant of partial summary judgment and the subsequent jury verdict, both in favor of Plaintiff James F. Quinlan ("Quinlan"). Quinlan cr...

  • Loui v. Merit Systems Protection Board
    25 F3d 1011
    Kenneth Loui appeals from the August 4, 1993 decision of the Merit Systems Protection Board, Docket No. AT0752930354-I-1, dismissing as untimely Loui's appeal from his removal as an employee of the Un...

  • Garcia v. Secretary Of Health and Human Services
    25 F3d 1037
    The claimant, Cruz L. Garcia, appeals from a district court judgment affirming a decision of the Secretary of Health and Human Services denying her application for disability insurance benefits. For ...

  • Grande v. Bank Of New England
    25 F3d 1037
    In this action, the plaintiff, Vincent Grande, as Trustee of R. D. Realty Trust, asserts several claims against the Federal Deposit Insurance Corporation ("FDIC") as receiver for the Bank of New Engla...

  • Georgacarakos v. Clemons Et Al
    25 F3d 1037
    Plaintiff Peter Georgacarakos filed an action against state prison officials and a deputy United States Marshal. He premised his claims on 42 U.S.C. Sec. 1983 and the Fifth Amendment. Upon the recom...

  • Jones Jones v. Powell L E
    25 F3d 1039
    Leroy Jones, Sr. (Jones) and his wife, Vivian Jones, brought this action under 42 U.S.C.A. Sec. 1983 (West 1981) against Frank Powell, the Sheriff of Richland County, South Carolina; Richland County...

  • United States v. L Stewart
    25 F3d 1042
    Larry Stewart appeals from a district court judgment entered following a bench trial finding Stewart guilty of multiple counts of mail fraud in violation of 18 U.S.C.A. Sec. 1341 (West Supp.1994). St...

  • United States v. Stewart
    25 F3d 1042
    This is an appeal by Herman Louis Stewart and Lloyd Wilberforce Williams of convictions for drug trafficking crimes. Stewart was convicted of conspiracy to distribute cocaine base, in violation of 21...

  • United States v. Lender
    25 F3d 1042
    Calvin Edwin Lender appeals from the district court's order imposing an enhanced sentence pursuant 18 U.S.C.A. Sec. 924(e) (West Supp.1993). The enhanced sentence was imposed after Lender was convict...

  • Yost Yost v. Tazewell
    25 F3d 1042
    Sylvia J. Yost appeals from the order of the district court granting summary judgment in favor of Hardee's of Tazewell in Yost's negligence action. We affirm. On the morning of January 7, 1992, Syl...

  • Billings v. B Reich
    25 F3d 1047
    This is a petition for review of the Secretary of Labor's dismissal of five complaints filed by pro se petitioner Douglas Billings under the whistleblowing provisions of the Energy Reorganization Act ...

  • Anderson v. Secretary Of Health and Human Services
    25 F3d 1047
    Plaintiff Wilma Anderson appeals the dismissal of her application for social security disability insurance benefits and supplemental security income. In June, 1987, plaintiff Anderson filed applicat...

  • United States v. Carman Iii
    25 F3d 1050
    On June 2, 1993, Philip Allen Carman, III, pleaded guilty to defrauding two banks through a "check-kiting" scheme, in violation of 18 U.S.C. Sec. 1344. On August 23, 1993, the district court sentence...

  • Tennessee Valley Authority v. Reich
    25 F3d 1050
    This matter arises out of the Secretary of Labor's dismissal of four complaints filed against petitioner Tennessee Valley Authority (TVA). TVA alleges that the Secretary of Labor committed error by (...

  • Tribell v. G Mills R
    25 F3d 1050
    The district court held that John James Tribell's due process rights were violated by his prolonged administrative segregation after a knife was found hidden in his cell. We affirm the district court...

  • United States v. Phillips
    25 F3d 1051
    Defendant Sean Phillips appeals his conviction for using or carrying a firearm in relation to a drug offense, possession with intent to distribute dilaudid (hydromorphone). Phillips argues that the c...

  • United States v. Moore
    25 F3d 1051
    Defendant Peter Moore appeals his conviction and sentence on five counts involving possession with intent to distribute cocaine base within 1000 feet of a school and firearm possession violations. Fo...

  • United States v. Charles
    25 F3d 1051
    Defendants James Charles and his wife Beatrice Charles appeal the district court's two-level enhancement pursuant to U.S.S.G. Sec. 2D1.1(b)(1), for possession of a dangerous weapon following their gui...

  • Sanders v. J Scheideler G G Dob 22581
    25 F3d 1053
    W.D.Wis., 816 F.Supp 1338. AFFIRMED. In March 1992 Daniel G. and Rebecca J. Scheideler and their four minor children sustained injuries in an automobile accident caused by the negligence of Marcus...

  • King v. T Camp
    25 F3d 1053
    Vernon King, currently incarcerated at Dixon Correctional Center in Illinois, filed this civil rights action under 42 U.S.C. Sec. 1983, claiming that the defendants, acting out of racial animus, were ...

  • United States v. Reyes
    25 F3d 1054
    After pleading guilty to conspiring to commit armed bank robbery but before sentencing, Juan Reyes fled to Mexico. A few months later, he attempted to reenter the United States and was apprehended on...

  • United States v. A Meegan
    25 F3d 1054
    In March 1993, the United States Attorney filed an information in the Northern District of Illinois charging defendant Paul Meegan in three counts alleging failure to file income tax returns for 1986,...

  • Walker v. A Peters Iii
    25 F3d 1054
    Gregory Walker, a prisoner at Pontiac Correctional Center in Illinois, was charged with insolence and sexual misconduct. A disciplinary hearing ended with a finding of guilt on both charges. After t...

  • Baskerville Jb v. Federal Land Bank Na
    25 F3d 1055
    Before ANDERSON and KELLY, Circuit Judges, and LUNGSTRUM, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not material...

  • Annanders v. Independent School District No Board Of Education
    25 F3d 1055
    Before LOGAN and SETH, Circuit Judges, and KELLY, District Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assis...

  • Burrows v. City Of Tulsa Pw Dh Jl Dh
    25 F3d 1055
    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...

  • Ethyl Corporation v. United States Environmental Protection Agency
    25 F3d 1241
    After the Environmental Protection Agency ("EPA") denied the application of Ethyl Corporation for a waiver of approval for a gasoline additive, Ethyl filed this action under the Freedom of Information...

  • United States v. Kim
    25 F3d 1426
    Appellant Chong In Kim was convicted on December 4, 1992, in the United States District Court for the District of Hawaii of possession of various narcotics with intent to distribute under 21 U.S.C. Se...

  • United States v. McCauley
    26 F3d 134
    MEMORANDUM Greg McCauley appeals his 150-month sentence following entry of a guilty plea to conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846. Pursuant to A...

  • Ayala v. B Looney and Us
    26 F3d 129
    MEMORANDUM The parties are familiar with the facts so we need not restate them here. A. Independent Review of Each Claim for Substantial Justification The district court has discretion to determi...

  • Naranjo Barajas v. United States
    26 F3d 129
    MEMORANDUM Leonel Naranjo-Barajas appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 petition seeking credit toward his sentence for pretrial home detention under electronic survei...

  • Gustave v. United States
    26 F3d 130
    Before: POOLE and REINHARDT, Circuit Judges, TAKASUGI, District Judge. MEMORANDUM Nelson Rodolfo Gustave appeals the district court's denial of his petition for a writ of audita querela to vacate ...

  • Nagin v. Owens Brockway Glass Containers A Division Of Owens Illinois Inc
    26 F3d 131
    MEMORANDUM Mohammed K. Nagin appeals the district court's dismissal for failure to comply with Fed.R.Civ.P. 4 of his complaint alleging claims under Section 301 of the Labor Management Relations Act ...

  • Moore v. A Lewis
    26 F3d 131
    MEMORANDUM Anthony E. Moore, an Arizona state prisoner, appeals pro se the district court's summary judgment denying his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his 1973 murder convict...

  • United States v. A Barquera
    26 F3d 133
    MEMORANDUM Mark Barquera appeals the district court's order revoking his probation, arguing that his probation was illegal and that reinstitution of a prison term following revocation of that probati...

  • United States v. Figueroa
    26 F3d 133
    MEMORANDUM Hilario Figueroa appeals his eighteen-month sentence imposed following his guilty plea to possession of counterfeit immigration documents in violation of 18 U.S.C. Sec. 1546(a). Figueroa ...

  • United States v. Berry
    26 F3d 133
    Before: HUG, D.W. NELSON, and FERNANDEZ Circuit Judges. MEMORANDUM The United States appeals the district court's order granting the motion to suppress Charles Berry's statement. The government c...

  • United States v. Brumfield
    26 F3d 133
    MEMORANDUM Paul Brumfield Jr. appeals his twenty-seven-month sentence imposed following a guilty plea to forcibly breaking into a post office with the intent to commit a larceny in violation of 18 U....

  • United States v. Gustafson
    26 F3d 134
    MEMORANDUM In these consolidated appeals, Billie Jo Gustafson appeals her conviction and eighteen-month sentence imposed following her guilty plea to armed bank robbery in violation of 18 U.S.C. Sec....

  • United States v. Lugo Hernandez
    26 F3d 134
    MEMORANDUM Miguel Lugo-Hernandez appeals following entry of his guilty plea to aiding and abetting the possession with intent to distribute two kilograms of cocaine and carrying a firearm in violatio...

  • United States v. Kari Marie M
    26 F3d 134
    MEMORANDUM Kari Marie M. appeals her conviction following a bench trial for juvenile delinquency for possession with intent to distribute 1399 pounds of marijuana in violation of 18 U.S.C. Sec. 5031-...

  • Ventoza v. Intl Longshoremen and Warehousemen Union
    26 F3d 135
    MEMORANDUM Gene Minetti appeals pro se the district court's denial of his Fed.R.Civ.P. 24(a) motion to intervene in a certified class action lawsuit brought by identified casual (non-registered) long...

  • United States v. Traslavina
    26 F3d 135
    MEMORANDUM Ernesto Traslavina appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion challenging his conviction for conspiracy to possess and possession with intent to distribut...

  • United States v. Vaile
    26 F3d 135
    MEMORANDUM Andrew Aloysius Vaile appeals his 100-month sentence imposed following entry of a guilty plea to sexual abuse of a minor in violation of 18 U.S.C. Secs. 1153, 2243. Vaile contends that th...

  • Williams v. Bj Bunnell
    26 F3d 136
    MEMORANDUM Samuel Alfonso Williams, Jr., a California state prisoner, appeals the district court's denial of his petition for a writ of habeas corpus. Following a hung jury in his first trial on the...

  • Johnson v. Peabody Coal Company
    26 F3d 618
    Petitioner, Edna Johnson, appeals from a denial of her claim for survivor's benefits under the Black Lung Benefits Act, 30 U.S.C. Secs. 901-945 (1988). Petitioner is the widow of Homer Johnson, who d...

  • Andrulonis v. United States L
    26 F3d 1224
    Seventeen years ago, rabies ravaged the brain of an aspiring young scientist when he was exposed to a highly concentrated strain of the virus in a preventable laboratory accident. For the past fourte...

  • Stallings v. J Tansy
    28 F3d 1018
    Petitioner, who was convicted on five counts of passing forged checks in violation of N.M.Stat.Ann. Sec. 30-16-10(B), seeks habeas relief pursuant to 28 U.S.C. Sec. 2254 on the grounds that the trial ...

  • Ramsey v. Guardsmark Inc
    30 F3d 142
    The district court judge in the instant case properly considered three commonly-used factors when he held that the noncompete agreement was a reasonable restraint under Oklahoma law. He examined the ...

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