2011 Tenth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1238
Date: August 12, 2011
Docket Number: 10-4131
Justia Opinion Summary: Defendant Jodi Hoskins was convicted of tax evasion after she and her husband failed to pay taxes for income they earned through their Salt Lake City escort service. The government contended the Hoskins' failed to…
Date: August 12, 2011
Docket Number: 10-8074
Justia Opinion Summary: Plaintiff-Appellant Chevron Mining, Inc. (CMI) appealed a district court's denial of its motion to vacate an arbitration award that reinstated CMI employee John Weston following his termination for just cause. CMI argued…
Date: August 11, 2011
Docket Number: 10-1385
Justia Opinion Summary: Petitioners Wayne Tomlinson, Alice Ballesteros and Gary Muckelroy appealed the dismissal of their claims against El Paso Corporation and the El Paso Pension Plan (collectively "El Paso") brought under the Age…
Date: August 11, 2011
Docket Number: 11-1120
Justia Opinion Summary: Pro se prisoner Petitioner David Chitwood sought a certificate of appealability (COA) to appeal the denial of his application for habeas relief. In 1993, Petitioner was temporarily transferred from the custody of the…
Date: August 10, 2011
Docket Number: 11-6025
Justia Opinion Summary: Pro se prisoner Petitioner Steve Standifer challenged a Bureau of Prisons (BOP) regulation that denied him eligibility to participate in its Residential Drug Abuse Program by filing for the writ of habeas corpus. He was…
Date: August 9, 2011
Docket Number: 09-3356
Justia Opinion Summary: Plaintiffs Kansas Judicial Review, the Honorable Charles Hard and Robb Rumsey appealed a district court order that denied their motion for attorney's fees. The Tenth Circuit was asked to decide whether Plaintiffs…
Date: August 9, 2011
Docket Number: 09-4171
Justia Opinion Summary: Defendant Robert Weeks pled guilty to conspiracy to commit securities fraud. On appeal to the Tenth Circuit, Defendant argued that his plea was not knowing and voluntary and was the result of ineffective assistance of…
Date: August 9, 2011
Docket Number: 09-6176
Justia Opinion Summary: Defendants Edward Shiegmura and John Kitchell were arrested and charged with possessing firearms following prior felony convictions when highway patrol officers stopped and searched their rental vehicle and found…
Date: August 9, 2011
Docket Number: 10-1418
Justia Opinion Summary: Plaintiffs David Scherer, John Licht, Mike Lopez, Barbara Brickley and Aaron Johnson brought suit to challenge the U.S. Forest Service's "amenity fee" through which it charges visitors to Mount Evans national park in…
Date: August 9, 2011
Docket Number: 10-3254
Justia Opinion Summary: Pro se prisoner Petitioner Michael Strope had three appeals pending before the Tenth Circuit. He filed each without paying the requisite filing fees. Upon review, the Tenth Circuit concluded that Petitioner was barred…
Date: August 9, 2011
Docket Number: 10-7013
Justia Opinion Summary: After a jury trial, Defendant Deandre Washington was convicted for witness tampering and sentenced to 360 months in prison. The conviction stemmed from Defendant's alleged part in a murder-for-hire scheme designed to…
Date: August 9, 2011
Docket Number: 10-9579
Justia Opinion Summary: Petitioner Manuel Damaso-Mendoza sought review of a Board of Immigration Appeals' (BIA) decision that found he was removable despite being a lawful permanent resident of the United States. The BIA determined that…
Date: August 8, 2011
Docket Number: 09-4097
Justia Opinion Summary: Plaintiff ClearOne Communications, Inc. (ClearOne) filed suit against Defendant Biamp Systems (Biamp) alleging that Biamp misappropriated ClearOne's trade secrets by licensing a product from another company that…
Date: August 8, 2011
Docket Number: 10-9537
Justia Opinion Summary: Petitioner Julio Pizano-Zeferino sought review of a Board of Immigration Appeals' order that he be removed from the United States. Petitioner was a Mexican native who entered the United States illegally without being…
Date: August 8, 2011
Docket Number: 11-3141
Justia Opinion Summary: Pro se prisoner Defendant Mariano Bedolla was convicted on drug offenses for which he was sentenced to 235 months' imprisonment. Defendant sought a certificate of appealability from the Tenth Circuit to appeal his…
Date: August 5, 2011
Docket Number: 10-1351
Justia Opinion Summary: The primary issue in this Chapter 7 bankruptcy case was whether the United States Bankruptcy Appellate Panel for the Tenth Circuit had jurisdiction to review on "order for relief" entered by a bankruptcy judge for the…
Date: August 5, 2011
Docket Number: 10-3180
Justia Opinion Summary: Plaintiff Judah Prince appealed his drug convictions to the Tenth Circuit. His appeal presented two questions of first impression in the Tenth Circuit: (1) does the Constitution bar the government from peremptorily…
Date: August 5, 2011
Docket Number: 11-5026
Justia Opinion Summary: Pro se prisoner Petitioner Christopher Moore, Jr. sought a certificate of appealability (COA) to appeal a district court's dismissal of his motion to vacate, set aside or correct his sentence. Petitioner was convicted in…
Date: August 5, 2011
Docket Number: 11-5040
Justia Opinion Summary: Pro se prisoner Petitioner Kareume Law sought a certificate of appealability (COA) to appeal a district court's dismissal of his habeas corpus petition. Petitioner was convicted by an Oklahoma jury for first degree…
Date: August 4, 2011
Docket Number: 11-2093
Justia Opinion Summary: Pro se prisoner Petitioner Ernest Gallegos sought a certificate of appealability (COA) from the Tenth Circuit to appeal a district court's denial of his habeas corpus petition. After a jury trial, Petitioner was…
Date: August 4, 2011
Docket Number: 11-6125
Justia Opinion Summary: Pro se prisoner Petitioner Donnott Murray sought a certificate of appealability (COA) from the Tenth Circuit to appeal a district court's denial of his habeas corpus petition. After an Oklahoma state jury trial,…
Date: August 3, 2011
Docket Number: 09-2307
Justia Opinion Summary: Shortly after Plaintiff Mark Rimbert's father began taking Prozac, he killed his wife and himself. Plaintiff brought a wrongful death action against Defendant Eli Lilly, the manufacturer of Prozac. Defendant moved for…
Date: August 2, 2011
Docket Number: 10-1452
Justia Opinion Summary: Plaintiff Edward Simmons sued the Postmaster General of the United States claiming that the USPS discriminated against him and subjected him to a hostile work environment as a result of his disability. Plaintiff worked…
Date: August 2, 2011
Docket Number: 10-8049
Justia Opinion Summary: Defendant James Fraser was convicted of murder. He contended that the facts and circumstances surrounding the shooting would have demonstrated why he needed to possess a gun, even if it meant breaking federal law to do…
Date: August 1, 2011
Docket Number: 10-4101
Justia Opinion Summary: Defendant Afuhia Masiu Manatau was in the business of stealing identities. Defendant stole social security numbers, credit cards and checks for which he would eventually be charged with and indicted for bank fraud and…
Date: August 1, 2011
Docket Number: 11-5070
Justia Opinion Summary: Pro se prisoner Dwayne Winfrey sought a certificate of appealability from the Tenth Circuit to appeal a district court's order that denied him the writ of habeas corpus. Petitioner was convicted by a jury on drug…
Date: July 29, 2011
Docket Number: 10-1145
Justia Opinion Summary: This case stems from a fire that destroyed a Michigan apartment building. The owner, Rapid Funding, LLC (a Colorado company), submitted a claim to its insurer James River Insurance Company (an Ohio company). James River…
Date: July 29, 2011
Docket Number: 10-2194
Justia Opinion Summary: Defendant Camille Lente challenged her sentence as procedurally and substantially unreasonable. Defendant killed three young men and seriously injured a young woman in a car accident that occurred when she was driving…
Date: July 29, 2011
Docket Number: 10-6214
Justia Opinion Summary: The City of Newkirk and Kay Electric Cooperative both provide electricity to Oklahoma consumers. "When a city acts as a market participant it generally has to play by the same rules as everyone else. It can't abuse its…
Date: July 29, 2011
Docket Number: 11-4036
Justia Opinion Summary: Pro se prisoner Albert Cramer petitioned the Tenth Circuit for a certificate of appealability (COA) to appeal a district court's denial of his application for post-conviction relief. The lower court denied the…
Date: July 28, 2011
Docket Number: 10-4108
Justia Opinion Summary: Defendant Kim Beckstrom was convicted of possessing fifty grams or more of methamphetamine with the intent to distribute. Because he had two prior felony drug convictions, Defendant was sentenced to life under mandatory…
Date: July 28, 2011
Docket Number: 10-5148
Justia Opinion Summary: Intervenor-Appellant Charles Dalton appealed a district court's grant of summary judgment to the Secretary of Labor and order to Defendant Copart, Inc. to pay him back pay with interest as the Secretary requested. Mr.…
Date: July 28, 2011
Docket Number: 11-1248
Justia Opinion Summary: Plaintiffs Cynthia Dudley-Barton, Richard Ice, Richard Mason, Deana Murphy and Susan Schmitz filed a class action lawsuit against Service Corporation International (SCI) based on allegedly unlawful employment practices…
Date: July 28, 2011
Docket Number: 11-4015
Justia Opinion Summary: Pro se prisoner Defendant Ronald Lancaster sought a certificate of appealability (COA) to appeal a district court's dismissal of his unauthorized second or successive petition for post-conviction relief (PCR). Defendant…
Date: July 27, 2011
Docket Number: 09-1262
Justia Opinion Summary: In one of Plaintiff Leprino Foods Company's warehouses, flavoring compounds derived from nearby-stored fruit products contaminated a large quantity of cheese. Leprino's "all-risk" insurance policy with Defendant Factory…
Date: July 27, 2011
Docket Number: 10-1439
Justia Opinion Summary: In 2009, Appellant Shawn Merriman approached an "otherwise unsuspecting US Attorney's Office" and disclosed that he had engaged in a long-running Ponzi scheme that defrauded investors of over $20 million. At the time of…
Date: July 27, 2011
Docket Number: 10-2091
Justia Opinion Summary: Defendant Daniel Reyes-Alfonso to one count of illegal reentry after deportation in violation of federal law. Using the 2009 Sentencing Guidelines, the district court calculated an advisory prison range of forty-six to…
Date: July 27, 2011
Docket Number: 10-2268
Justia Opinion Summary: Petitioner David Rhodes appealed a district court's order that dismissed his petition for post-conviction relief. Petitioner was originally convicted in 1993 on drug-related charges and sentenced to twenty years'…
Date: July 27, 2011
Docket Number: 10-4060
Justia Opinion Summary: This case arose from "an unfortunate situation" of child-on-child abuse within the foster care system. Plaintiffs J.W. and M.R.W. are a foster couple, and their now-adopted foster children were injured after an abusive…
Date: July 27, 2011
Docket Number: 11-4105
Justia Opinion Summary: Petitioner Steven Kelly sought a certificate of appealability (COA) to a district court's dismissal of his motion to vacate, set aside, or correct his sentence. In 2005, Petitioner was convicted of two drug trafficking…
Date: July 26, 2011
Docket Number: 10-2097
Justia Opinion Summary: Defendant Joe Waseta pled guilty to sexually abusing a minor. The offense occurred in the summer of 1989 when the victim was then twelve years old. While the charges against him only alleged one sexual act, the…
Date: July 26, 2011
Docket Number: 10-4178
Justia Opinion Summary: An indictment against Defendant Adam Shavanaux was dismissed. The government appealed that dismissal to the Tenth Circuit. Defendant was indicted in 2010 for assaulting his domestic partner after having been convicted of…
Date: July 25, 2011
Docket Number: 08-6003
Justia Opinion Summary: The issue before the Tenth Circuit in this case centered around the right to provide water service to certain customers in and around Guthrie, Oklahoma. Plaintiff-Appellee Rural Water, Sewer and Solid Waste Management…
Date: July 25, 2011
Docket Number: 08-6226
Justia Opinion Summary: Pro se prisoner Tony Castro requested a certificate of appealability (COA) to appeal a district court order that denied his petition for the writ of habeas corpus. Defendant pled guilty to second degree burglary and…
Date: July 25, 2011
Docket Number: 09-8084
Justia Opinion Summary: The issue central to this case stemmed from a contract dispute between two landowners and the City of Casper Wyoming as to whether the landowners were obligated to reimburse the City for certain street improvements. When…
Date: July 25, 2011
Docket Number: 10-2175
Justia Opinion Summary: Plaintiff Billy Merrifield brought a 42 U.S.C. 1983 action against his former employer Defendant Board of Commissioners for Santa Fe. In his suit, he alleged he had been denied procedural due process with respect to the…
Date: July 25, 2011
Docket Number: 10-5134
Justia Opinion Summary: Plaintiff Duane Barber (Barber) appealed the Commissioner of Social Security's denial of benefits claiming that an Administrative Law Judge (ALJ) failed to properly consider the evidence he presented in support of his…
Date: July 22, 2011
Docket Number: 10-1540
Justia Opinion Summary: Plaintiff Rosemary Kilinski sought social security benefits in 1999. The Commissioner determined that she was disabled as of October 2003. In this case, Plaintiff appealed the district court's judgment that upheld the…
Date: July 22, 2011
Docket Number: 11-1061
Justia Opinion Summary: Defendant Nathan Scanlon sought a certificate of appealability (COA) to challenge the district court's denial of his motion to vacate, set aside, or correct his sentence. Defendant pled guilty to receiving and…
Date: July 21, 2011
Docket Number: 10-1259
Justia Opinion Summary: The issue central to this appeal involves the Northern San Juan Basin Coal Bed Methane project (Project) which was approved by the U.S. Forest Service and the Bureau of Land Management (BLM). The Project contemplates the…
Date: July 20, 2011
Docket Number: 08-1326
Justia Opinion Summary: Plaintiff-Appellant Mark Jordan was incarcerated in solitary confinement in a minimum security facility in Colorado when he filed this action. Plaintiff was convicted of stabbing a fellow inmate while incarcerated for…
Date: July 19, 2011
Docket Number: 10-1253
Justia Opinion Summary: Defendant Jerry Bustos' defamation case came before the Tenth Circuit. He sued under Colorado law for statements he made in 1998 that were captured on tape and aired as part of A&E Television Networks' show "Gangland:…
Date: July 19, 2011
Docket Number: 11-1131
Justia Opinion Summary: Pro se prisoner Petitioner Andrew Lamar unsuccessfully sought a certificate of appealability (COA) from the Tenth Circuit. Petitioner was convicted of sexual assault in Colorado in 2007 for which he was sentenced to an…
Date: July 19, 2011
Docket Number: 11-6047
Justia Opinion Summary: Pro se prisoner Defendant Rodney Alexander sought a certificate of appealability (COA) to appeal the district court's denial of his motion for post-conviction relief. Defendant was originally jailed on drugs charges. He…
Date: July 18, 2011
Docket Number: 11-3036
Justia Opinion Summary: Pro se prisoner Defendant Jerome Carter sought a certificate of appealability (COA) to appeal the denial of his petition for the writ of habeas corpus. Defendant was charged in 1998 for first-degree murder, felony…
Date: July 15, 2011
Docket Number: 10-5020
Justia Opinion Summary: Plaintiff Michelle Christian appealed the grant of summary judgment in favor of her former employer, Defendant AHS Tulsa Regional Medical Center (Hospital), on her Title VII sex discrimination claims. Plaintiff described…
Date: July 14, 2011
Docket Number: 09-6220
Justia Opinion Summary: Plaintiff Curtis McCarty brought a 42 U.S.C. 1983 action against Joyce Gilchrist, former forensic chemist for the Oklahoma City Police Department (OCPD), the OCPD Chief of Police and Oklahoma City, alleging multiple…
Date: July 14, 2011
Docket Number: 10-2214
Justia Opinion Summary: Daniel Cook appealed a district court's order that awarded fees and costs to his opponents Wells Fargo Bank and Scott and Pamela Garrett. The case stemmed from a 2003 lawsuit initiated by the Garretts as trustees of the…
Date: July 13, 2011
Docket Number: 10-6209
Justia Opinion Summary: Defendant Fred Smith pled guilty to being a felon in possession of a firearm. He appealed the district court's application of the "Armed Career Criminal Act" (ACCA) to enhance his sentence. Defendant's presentence…
Date: July 12, 2011
Docket Number: 09-1533
Justia Opinion Summary: Defendant Edward Armijo pled guilty to a single count of being a felon illegally in possession of a firearm. Defendant's pre-sentence investigation report (PSR) calculated his base offense level at 24 because he had two…
Date: July 12, 2011
Docket Number: 10-1325
Justia Opinion Summary: Defendant Ramon Vasquez-Alcarez pled guilty to illegally reentering the United States after he was deported for an aggravated felony conviction. He was sentenced to 27 months' imprisonment, which fell at the low end of…
Date: July 12, 2011
Docket Number: 10-1450
Justia Opinion Summary: Defendant Catherine Senninger was convicted on six counts of mail fraud and one count of making a false claim against the Government. She was acquitted on several other counts, including conspiracy and additional mail…
Date: July 12, 2011
Docket Number: 10-2070
Justia Opinion Summary: The government appealed a district court's order that granted Defendant Joseph Martinez's motion to suppress evidence. Officers responded to a static-filled 911 call from Defendant's home. When officers arrived,…
Date: July 12, 2011
Docket Number: 10-6191
Justia Opinion Summary: Plaintiff Donna Butterick appealed a district court order that affirmed the Social Security Commissioner's denial of her application for disability insurance. Plaintiff argued on appeal that the Administrative Law Judge…
Date: July 12, 2011
Docket Number: 11-3049
Justia Opinion Summary: After Defendant Joseph Flowers violated the terms of his supervised release, the district court revoked his release and sentenced him to twelve months' imprisonment and additional supervised release. Defendant appealed…
Date: July 12, 2011
Docket Number: 11-6002
Justia Opinion Summary: Pro se Prisoner Richard Hawkins sought a certificate of appealability (COA) to appeal the district court's denial of his motion to set aside or correct his sentence. In 2009, a grand jury returned a nine-count indictment…
Date: July 11, 2011
Docket Number: 11-2018
Justia Opinion Summary: Defendant Crescencio Ochoa-Tovali pled guilty to reentering the United States as a previously removed alien in violation of federal law. He was sentenced to 57 months' imprisonment. This sentence reflected Defendant's…
Date: July 11, 2011
Docket Number: 11-5035
Justia Opinion Summary: Pro se prisoner Petitioner Clark Davis petitioned the Tenth Circuit for a certificate of appealability (COA) so that he could appeal a district court's dismissal of his habeas corpus petition. In 2007, Petitioner pled…
Date: July 8, 2011
Docket Number: 10-1577
Justia Opinion Summary: Defendant Alvaro Madriz-Castillo appealed his 57-month sentence for unlawful reentry as a previously deported alien. He contended that the sentence was procedurally and substantively unreasonable. Upon review, the Tenth…
Date: July 8, 2011
Docket Number: 10-4196
Justia Opinion Summary: Plaintiff ClearOne Communications, Inc. (ClearOne) filed suit against Defendants Andrew Chiang, Jun Yan, Lonny Bowers, WideBand Solutions, Inc. and Versatile DSP, Inc. (collectively the WideBand Defendants), alleging…
Date: July 8, 2011
Docket Number: 10-5149
Justia Opinion Summary: Defendant Kenneth Lowe appealed the revocation of his supervised release and the imposition of a 23-month prison term for conspiracy, robbery and aiding and abetting charges. Defendant's counsel filed an "Anders" brief…
Date: July 8, 2011
Docket Number: 10-6190
Justia Opinion Summary: Avalon Correctional Services, Inc., a Nevada corporation with its principal place of business in Oklahoma, operates for-profit correctional facilities. Ravenswood Investment Company (RIC) and Ravenswood Investments III…
Date: July 7, 2011
Docket Number: 10-2196
Justia Opinion Summary: Defendant Isaac Soza appealed the district court's denial of his motion to suppress evidence seized in a traffic stop. In 2007, a patrol officer stopped Defendant's car for speeding. A criminal database check revealed…
Date: July 6, 2011
Docket Number: 09-9561
Justia Opinion Summary: Under the federal Clean Air Act, the Environmental Protection Agency (EPA) is charged with establishing national ambient air quality standards (NAAQS) for various air pollutants. In this case, the Tenth Circuit…
Date: July 6, 2011
Docket Number: 10-8080
Justia Opinion Summary: Defendant Anastasia Grillo entered a guilty plea to charges involving conspiracy and distribution of oxycodone. The district court sentenced her to 78 months in prison. She appealed her sentence, contending that it was…
Date: July 5, 2011
Docket Number: 10-1154
Justia Opinion Summary: The issues central to this case are whether donning doffing poultry processing workers’ personal protective equipment is "changing clothes" under 29 U.S.C. 204 and whether a turkey processing plant is a “food and…
Date: July 5, 2011
Docket Number: 10-3023
Justia Opinion Summary: The sole issue on appeal in this case was whether the Kansas offense of eluding a police officer is a “crime of violence” under the United States Sentencing Guidelines (USSG). In 2009, Defendant Kennon Thomas was…
Date: July 1, 2011
Docket Number: 10-6288
Justia Opinion Summary: Plaintiff Melissa Qualls appealed a district Court's order that affirmed the Social Security Administration's decision to deny her application for disability insurance benefits. Plaintiff alleged she became disabled in…
Date: July 1, 2011
Docket Number: 10-8008
Justia Opinion Summary: A federal jury found Defendant Barry Keck guilty on eight counts relating to a drug and money-laundering conspiracy in Wyoming. Defendant appealed his conviction, contending that the jury's verdict rested on insufficient…
Date: June 30, 2011
Docket Number: 10-4110
Justia Opinion Summary: Utah County Deputy Sheriff Scott Jensen appealed a district court's ruling that he was not entitled to qualified immunity on claims brought against him by Appellee William Rieck that alleged illegal entry, illegal…
Date: June 30, 2011
Docket Number: 10-5136
Justia Opinion Summary: Plaintiff Laurie Harper appealed a district court's order that affirmed the denial of her disability benefits. Plaintiff alleged her disability was based on fibromyalgia and depression. The Social Security Administration…
Date: June 29, 2011
Docket Number: 10-2161
Justia Opinion Summary: Defendant Jesus Balbin-Mesa appealed his sentence after he pled guilty to a charge of reentering the United States after having been deported. In March 2010, Defendant filed a motion to ask for a downward adjustment from…
Date: June 29, 2011
Docket Number: 10-2277
Justia Opinion Summary: Defendant Leobardo Moralez-Ramirez challenged the district court's dismissal of his applications for post-conviction relief. He was convicted after a jury trial for conspiring to distribute heroin and sentenced to 240…
Date: June 29, 2011
Docket Number: 11-1083
Justia Opinion Summary: Defendant Louis Warren challenged the district court's dismissal of his application for a certificate of appealability (COA). The court found that Defendant's application was barred by the one-year limitations period of…
Date: June 28, 2011
Docket Number: 10-2204
Justia Opinion Summary: Defendant-Appellant Alex Maestas appealed the district court's calculation of his sentence for attempting to steal a piece of gold from Los Alamos National Laboratory. The gold was a piece of solder used to repair a…
Date: June 28, 2011
Docket Number: 10-3025
Justia Opinion Summary: Over the course of six days in August 2004, Defendant Samuel Rushin and an accomplice robbed six convenience stores in Wichita at gunpoint. A year later, a jury convicted Defendant on multiple robbery and firearms…
Date: June 28, 2011
Docket Number: 10-7081
Justia Opinion Summary: Plaintiff Geral Brown appealed a district court's order that granted summary judgment to Defendant Hartford Insurance Company (Hartford). Plaintiff sued Hartford under the Employee Retirement Income Security Act (ERISA)…
Date: June 28, 2011
Docket Number: 10-9549
Justia Opinion Summary: Petitioner Alfonso Jiminez-Guzman sought review of a removal order issued by the Board of Immigration Appeals (BIA). On appeal, he argued that the agency erred in denying his request for a continuance and by applying an…
Date: June 27, 2011
Docket Number: 09-4092
Justia Opinion Summary: Plaintiff ClearOne Communications, Inc. (ClearOne) filed suit against Defendants Andrew Chiang, Jun Yan, Lonny Bowers, WideBand Solutions, Inc. and Versatile DSP, Inc. (collectively the WideBand Defendants), alleging…
Date: June 27, 2011
Docket Number: 10-3165
Justia Opinion Summary: Defendant Michael Jordan appealed his sentence of 210 months' imprisonment on drug charges. He raised three issues for the Tenth Circuit's review. All issues pertained to alleged errors at the trial court: the…
Date: June 24, 2011
Docket Number: 10-3162
Justia Opinion Summary: Defendant Herman Ransom appealed a district court's denial of his motion for acquittal or for a new trial after he was convicted on wire fraud and theft of public money. Defendant was accused of falsifying his time…
Date: June 22, 2011
Docket Number: 10-4166
Justia Opinion Summary: Defendant-Appellant Rigoberto Martinez-Haro was indicted with two counts of methamphetamine possession with intent to distribute. Before trial, Defendant's counsel requested he undergo a psychiatric evaluation to…
Date: June 22, 2011
Docket Number: 10-9551
Justia Opinion Summary: Petitioner Vickers Waugh appealed a decision of the Board of Immigration Appeals (BIA) that ordered him removed from the United States. In August 2009, Petitioner pled guilty in Utah state court to one count of felonious…
Date: June 21, 2011
Docket Number: 09-3129
Justia Opinion Summary: "The Dawses' struggle with the IRS has a lengthy provenance." Decades ago, Donald and Phyllis Dawes pled guilty for failing to file their 1981 through 1983 tax returns. They also failed to pay their taxes from 1986…
Date: June 21, 2011
Docket Number: 10-3077
Justia Opinion Summary: BancInsure, Inc. appealed a declaratory judgment in favor of Columbian Financial Corporation and a former director, Carl McCaffree (collectively the Insureds). The insurance policy at issue here was a "claims-made"…
Date: June 20, 2011
Docket Number: 10-1535
Justia Opinion Summary: Pro se Appellant Janos Toevs appealed the district court's grant of summary judgment to Defendants in his 42 U.S.C. 1983 civil-rights suit. Appellant's lawsuit pertained to the Colorado prison system's "Quality of Life…
Date: June 17, 2011
Docket Number: 10-1164
Date: June 17, 2011
Docket Number: 10-1548
Justia Opinion Summary: Defendant-Appellant James Krolopp pled guilty to one count of possessing a sawed-off shotgun and possessing with intent to distribute 50 grams of methamphetamine. The district court sentenced him to 120 months’…
Date: June 16, 2011
Docket Number: 10-8067
Date: June 15, 2011
Docket Number: 11-6013
Justia Opinion Summary: Petitioner Rodney Sampson was convicted in Oklahoma in 1996 on drug trafficking charges. He was paroled in 2002. The certificate of parole set Petitioner's discharge date to January 2008. In 2006, Petitioner was…
Date: June 14, 2011
Docket Number: 10-4112
Justia Opinion Summary: Co-defendants and co-appellants Ramon Guzman-Manzo and Giovanni Galvon-Manzo each pled guilty to one count of cocaine possession with the intent to distribute. Each was subject to a ten-year mandatory minimum sentence…
Date: June 14, 2011
Docket Number: 10-6080
Justia Opinion Summary: Plaintiff-Appellant Misty Raley brought suit against Hyundai Motor Company (Hyundai) alleging that one of its cars was defectively designed and responsible for injuries she suffered in an accident. Before trial began,…
Date: June 13, 2011
Docket Number: 09-1314
Justia Opinion Summary: Defendant Linda Carnagie entered into a scheme to defraud the U.S. Department of Housing and Urban Development (HUD) by using false information to obtain housing loans insured by the Federal Housing Administration (FHA).…
Date: June 13, 2011
Docket Number: 10-1166
Justia Opinion Summary: After a jury trial, Defendant David Hillman was convicted on several money laundering charges arising from a scheme to steal hundreds of thousands of dollars from the insurance company for which he worked. Defendant's…
Date: June 13, 2011
Docket Number: 10-3319
Justia Opinion Summary: In 2007, Petitioner Sandtas Metcalf pled guilty to drug possession charges. The written plea agreement contained a waiver of Petitioner's right to collaterally challenge his prosecution conviction or sentence. Petitioner…
Date: June 13, 2011
Docket Number: 11-1036
Justia Opinion Summary: In 2003, Petitioner Jeffrey Zaring was arrested in Utah three times on drug charges. In 2004, the US Attorney's office filed a petition for a writ of habeas corpus ad presequendum to arraign Petitioner on federal drug…
Date: June 9, 2011
Docket Number: 10-1346
Justia Opinion Summary: Petitioner Charles Medicine Blanket unsuccessfully appealed his conviction on sexual assault charges. He sought the writ of habeas corpus from the Tenth Circuit to challenge the district court’s denial of his appeal.…
Date: June 8, 2011
Docket Number: 10-9532
Justia Opinion Summary: Petitioner Edwin Chepsiror sought the Tenth Circuit's review of a removal order issued by the Board of Immigration Appeals (BIA). Petitioner was denied asylum by an immigration judge after he withdrew from classes at…
Date: June 7, 2011
Docket Number: 10-5154
Justia Opinion Summary: Plaintiff Angela Weigel appealed a district court order that denied her supplemental Social Security Income benefits. On appeal to the Tenth Circuit, she challenged the court's findings that she was able to work despite…
Date: June 7, 2011
Docket Number: 10-6215
Justia Opinion Summary: Plaintiff Johnny Bass brought a civil rights case against Defendants Pottawatomie County Public Safety Center (the Jail) and its warden. A jury found that the jail acted with deliberate indifference to Plaintiff's safety…
Date: June 7, 2011
Docket Number: 10-9562
Justia Opinion Summary: Petitioner Yong Chen petitioned the Tenth Circuit for review of the Board of Immigration Appeals' (BIA) denial of his applications for asylum, restriction on removal and for relief under the Convention Against Torture…
Date: June 7, 2011
Docket Number: 10-9563
Justia Opinion Summary: Petitioner Ioan Vasilu petitioned the Tenth Circuit for review of a removal order from the Board of Immigration Appeals (BIA). The BIA affirmed an immigration judge's determination that Petitioner was removable as a…
Date: June 2, 2011
Docket Number: 09-1558
Justia Opinion Summary: Plaintiff-Appellant Patricia Simmons appealed the district court's grant of summary judgment to her former employer, Defendant-Appellee Sykes Enterprises, Incorporated. Ms. Simmons claimed Sykes terminated her on the…
Date: June 2, 2011
Docket Number: 10-1349
Justia Opinion Summary: The Plaintiffs in this action were participants and beneficiaries of a life insurance plan offered by Defendant Qwest Communications International. In 2007, Plaintiffs filed a lawsuit against Qwest, arguing that the Plan…
Date: June 2, 2011
Docket Number: 10-2250
Justia Opinion Summary: On the morning his trial was set to commence, Defendant Mario Ochoa-Olivas pled guilty to one count of illegal reentry to the United States. Using the Sentencing Guidelines, the district court calculated an advisory…
Date: June 2, 2011
Docket Number: 10-3066
Justia Opinion Summary: In 2009, when Dodge City police officers pulled Defendant Eusebio Sierra-Ledesma over for speeding, they found that Defendant had been deported in 2008 with no new authority to reenter or remain in the U.S. A jury…
Date: June 1, 2011
Docket Number: 10-1299
Justia Opinion Summary: Plaintiff-Appellant Michael Whittington filed a civil rights lawsuit, alleging that prison officials violated his Eighth Amendment rights by forcing him to choose between spending funds in his inmate bank account on…
Date: June 1, 2011
Docket Number: 10-5069
Justia Opinion Summary: Defendant-Appellant Vauda Shipp, Jr. was convicted of possessing a firearm after a felony conviction. At sentencing, he was classified as an "armed career criminal" based on three predicate convictions for violent…
Date: May 31, 2011
Docket Number: 09-9015
Justia Opinion Summary: The Commissioner of the Internal Revenue Service (IRS) appealed a Tax Court decision that granted summary judgment in favor of Salman Ranch, Ltd. The Partnership owned a ranch in New Mexico. The Partners individually…
Date: May 31, 2011
Docket Number: 10-1046
Justia Opinion Summary: Plaintiff-Appellant Jason Fowler appealed the district court's determination that the government was entitled to summary judgment on a tort action he filed against the US and an employee of the US Air Force. Mr. Fowler…
Date: May 31, 2011
Docket Number: 10-2160
Justia Opinion Summary: Defendant-Appellant Keith Mutte challenged his conviction for "assault resulting in bodily injury." The charge stemmed from a domestic dispute between Defendant and his then-girlfriend. While Defendant and the girlfriend…
Date: May 31, 2011
Docket Number: 10-8032
Justia Opinion Summary: Plaintiff-Appellant Sierra Club filed a petition with the Tenth Circuit in an attempt to stop Defendant-Appellee Two Elk Generation Partners, LP (Two Elk) from building a coal-fired power plant in Wyoming. Sierra Club…
Date: May 31, 2011
Docket Number: 11-6024
Justia Opinion Summary: Defendant George White unsuccessfully applied for a writ of habeas corpus at the district court. In April 2010, Defendant filed an application in state court for post conviction relief, which the trial and appellate…
Date: May 27, 2011
Docket Number: 09-5071
Justia Opinion Summary: This case stems from Plaintiff Crowe & Dunlevy, P.C.'s (Crowe) legal representation of the Thlopthlocco in the Muscogee (Creek) Nation District Court in 2007. Nathan Anderson, a member of the Thlopthlocco Nation…
Date: May 27, 2011
Docket Number: 09-5146
Justia Opinion Summary: Petitioner Kirk Byrd appealed the district court's denial of his habeas petition. Petitioner alleged that he received ineffective assistance of counsel because his trial counsel failed to investigate whether his prior…
Date: May 27, 2011
Docket Number: 09-5155
Justia Opinion Summary: Defendant-Appellant Steven Fishman was found guilty of conspiracy to commit mail and wire fraud and to commit money laundering. He was sentenced to 26 months' imprisonment, three years of supervised release, and ordered…
Date: May 26, 2011
Docket Number: 10-1404
Justia Opinion Summary: Defendant Christine Thompson pled guilty to conspiracy and securities fraud. The district court sentenced her to 57 months' imprisonment, three years of supervised release, and ordered her to pay $1.39 million in…
Date: May 26, 2011
Docket Number: 10-4212
Justia Opinion Summary: Defendant Paul Allen requested a certificate of appealability to appeal the district court's denial of his application for post-conviction relief. Defendant was accused of the aggravated murder of his wife. He was also…
Date: May 26, 2011
Docket Number: 10-5164
Justia Opinion Summary: Defendant James Thornbrugh appealed the district court's denial of his petition for writs of coram nobis and audita querela. Defendant had unsuccessfully filed successive habeas petitions to challenge his sentence.…
Date: May 24, 2011
Docket Number: 10-3086
Justia Opinion Summary: Appellants challenged a district court’s discovery order that directed them to disclose what they called privileged information. To achieve this end, the Appellants filed an interlocutory appeal and a petition for writ…
Date: May 23, 2011
Docket Number: 09-3314
Justia Opinion Summary: In 2009, a jury found Defendant-Appellant Shevel Foy guilty of multiple drug possession and trafficking charges. The district court imposed concurrent sentences of 360 months’ imprisonment for each charge. Defendant…
Date: May 20, 2011
Docket Number: 10-6172
Justia Opinion Summary: Plaintiff-Appellant Carl Sheppard appealed the district court’s order which denied his applications for disability insurance and supplemental security income benefits under the Social Security Act. The Administrative Law…
Date: May 19, 2011
Docket Number: 10-1560
Justia Opinion Summary: Defendant Manikhone Saignaphone pled guilty to conspiracy to defraud the government. The district court sentenced her to 26 months’ imprisonment. Defendant appealed the sentence, arguing that her sentence was…
Date: May 18, 2011
Docket Number: 11-1022
Justia Opinion Summary: Petitioner-Appellant Ronald Hutchinson appealed the district court's dismissal of his habeas petition. He alleged his sentence and the application of mandatory parole violated his constitutional rights. Petitioner pled…
Date: May 18, 2011
Docket Number: 11-3059
Justia Opinion Summary: Plaintiff-Appellee Kapelle Simpson-El appealed the district court's denial of his motion for post-conviction relief. His petition was based upon the alleged ineffectiveness of his trial counsel, arguing that his counsel…
Date: May 17, 2011
Docket Number: 09-1233
Justia Opinion Summary: Plaintiff-Appellant John Matthews appealed the district court’s decision that granted summary judgment to Defendant-Appellee Denver Newspaper Agency, LLP. Plaintiff worked for the Agency under a collective bargaining…
Date: May 17, 2011
Docket Number: 10-4123
Justia Opinion Summary: Defendant-Appellant Jeremiah West appealed his sentence from multiple firearms and drugs charges. Defendant pled guilty to one count of possessing a firearm as a convicted felon in exchange for the government’s agreement…
Date: May 12, 2011
Docket Number: 10-1033
Justia Opinion Summary: Defendant Ronald Creighton appealed the district court’s denial of his motion to suppress evidence obtained from three separate searches. To support his and his associates’ drug habit, Defendant stole large quantities of…
Date: May 12, 2011
Docket Number: 10-3201
Justia Opinion Summary: A jury acquitted Defendant Kenneth Lain on firearms charges. After his acquittal, Defendant filed a motion for attorney’s fees under the Hyde Amendment, 18 U.S.C. 3006A. The district court denied his motion, and…
Date: May 12, 2011
Docket Number: 10-4114
Justia Opinion Summary: Defendant-Appellant Neil Vigil was arrested after police pulled him over and found “a vast cache of counterfeit identifications” and other materials indicative of identity theft. Defendant ultimately reached a plea deal…
Date: May 11, 2011
Docket Number: 10-5061
Justia Opinion Summary: Plaintiff-Appellant Johnny Harrison was indicted on firearms charges. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) discovered the firearm during a warrantless search of Plaintiff's apartment. On the day…
Date: May 11, 2011
Docket Number: 10-8029
Justia Opinion Summary: Defendants-Appellants Adam Trestyn and Crystal Herren both challenged the district court proceedings that led to their guilty pleas for possession with the intent to distribute "ecstasy." Herren argued that the district…
Date: May 10, 2011
Docket Number: 08-1399
Justia Opinion Summary: In the early 1990s, Colorado state prisoners initiated a class action lawsuit alleging that state officials were committing ongoing violations of disabled prisoners’ rights under the Americans with Disabilities Act, the…
Date: May 10, 2011
Docket Number: 10-3324
Justia Opinion Summary: Petitioner-Appellant Todd Deal appealed the district court's denial of his habeas petition. The petition was based on "a myriad of claims of constitutional violations." The district court denied both his petition and a…
Date: May 10, 2011
Docket Number: 10-8040
Justia Opinion Summary: Plaintiff-Appellant the United States appealed the district court’s award of attorney’s fees and costs to the Plaintiffs-Appellees Edward and Cynthia Poche. Mr. Poche suffered from abdominal pain that was treated by…
Date: May 10, 2011
Docket Number: 10-9531
Justia Opinion Summary: Petitioner Felix Sanchez Rodriguez-Heredia, a Mexican national, petitioned the Tenth Circuit to review two decisions of the Board of Immigration Appeals (BIA). One decision, a request for a change in Petitioner's custody…
Date: May 10, 2011
Docket Number: 11-1066
Justia Opinion Summary: Defendants-Appellants Farmers Insurance Exchange (Farmers) and Mid-Century Insurance Company (Mid-Century) removed a putative class action suit from state court to federal district court. Upon motion of…
Date: May 9, 2011
Docket Number: 08-2262
Justia Opinion Summary: Pursuant to the Indian Self-determination and Education Assistance Act (ISDA), the United States enters into contracts with Indian tribes and tribal organizations for “the planning, conduct and administration of programs…
Date: May 9, 2011
Docket Number: 10-1159
Justia Opinion Summary: Defendant Virgil Anderson-Bey applied for a writ of habeas corpus to the district court, arguing there was insufficient evidence to support his conviction of robbing a sandwich shop employee, and that his sentence was…
Date: May 9, 2011
Docket Number: 10-2002
Justia Opinion Summary: Plaintiff-Appellant Jessica Cohon sought funding through New Mexico’s Medicaid program. She qualified for the “Mi Via Waiver” program, and submitted budget requests which were partly granted, partly denied. After an…
Date: May 9, 2011
Docket Number: 10-2151
Justia Opinion Summary: Plaintiff-Appellant Lynn McDonald-Cuba sued her former employer, Defendant-Appellee Santa Fe Protective Services, Inc.(SFPS), and sought damages for alleged violations of Title VII of the Civil Rights Act of 1964, 42…
Date: May 6, 2011
Docket Number: 10-5103
Justia Opinion Summary: Plaintiff Richard Krauser appealed the district court’s order that denied him social security and supplemental security income benefits. The Administrative Law Judge (ALJ) denied Plaintiff’s benefits on the last step of…
Date: May 5, 2011
Docket Number: 09-1550
Justia Opinion Summary: For over a year, Plaintiff-Appellant Miriam Leverington worked as a cardiac nurse for the internal staffing agency of Memorial Health system (Memorial), which is an enterprise of the City of Colorado Springs (City).…
Date: May 4, 2011
Docket Number: 09-4158
Justia Opinion Summary: Defendant-Appellant Christopher Mollner plead guilty to armed bank robbery. Prior to sentencing, the district court granted the Government’s motion to compel Defendant to testify at the trial of his co-defendant, and…
Date: May 4, 2011
Docket Number: 10-4149
Justia Opinion Summary: In 2001, a company calling itself “Computer Geeks, a California corporation,” sued Plaintiff Jason Wright in Utah state court for failing to assign a domain name. Mr. Wright did not respond to the company’s motion for…
Date: May 3, 2011
Docket Number: 09-4207
Justia Opinion Summary: Plaintiff-Appellant the Equal Employment Opportunity Commission (EEOC) brought suit against Defendant-Appellee C.R. England, Inc. (C.R. England) alleging a violation of the Americans with Disabilities Act of 1990 (ADA),…
Date: May 3, 2011
Docket Number: 10-2162
Justia Opinion Summary: Plaintiff-Appellant Peter Rosa sought a Certificate of Appealability (COA) so that he could challenge the district court’s dismissal of his habeas petition. Plaintiff was charged with first-degree murder, tampering with…
Date: May 3, 2011
Docket Number: 10-4129
Justia Opinion Summary: Plaintiffs Markyl Lee and Promises to Keep, LLC, failed to produce documents in response to a discovery request. They then proceeded to violate two judicial orders compelling production of those documents. After…
Date: May 2, 2011
Docket Number: 09-1247
Justia Opinion Summary: Congress enacted an elaborate system of registration and reporting requirements for individuals convicted of sex offenses. The law requires all sex offenders to register, regardless of whether their convictions were…
Date: May 2, 2011
Docket Number: 09-5180
Justia Opinion Summary: Petitioner Michael Selsor, an Oklahoma State prisoner, was convicted of first degree murder and sentenced to death for the shooting of two clerks and the robbery of a convenience store in Tulsa in 1975. From 1975 to the…
Date: April 29, 2011
Docket Number: 10-2153
Justia Opinion Summary: In this case the Court was asked to determine who won an eminent domain action in which the winner should have been awarded attorney's fees. Despite winning the judgment, Appellees were denied attorney's fees.…
Date: April 29, 2011
Docket Number: 10-4115
Justia Opinion Summary: Plaintiff-Appellant Dee Henshaw appealed the district court’s decision to grant summary judgment to two Wayne County, Utah deputy sheriffs who arrested him in the course of enforcing a restraining order. Defendant Deputy…
Date: April 29, 2011
Docket Number: 10-9546
Justia Opinion Summary: Petitioner Francis Efagene petitioned the court for review of a final order issued by the Board of Immigration Appeals (BIA). Petitioner was admitted to the United States as a lawful permanent resident in 1991. In 2005,…
Date: April 28, 2011
Docket Number: 10-2158
Justia Opinion Summary: Defendant Bryan Commanche appealed the district court's calculation of his sentence, arguing that the court erred in applying an enhancement to the US Federal Sentencing Guidelines to his sentence. Defendant was…
Date: April 28, 2011
Docket Number: 10-5144
Justia Opinion Summary: Petitioner Chad Harris appealed the district court's dismissal of his habeas petition. The district court concluded he "had not made a substantial showing" that he was denied his constitutional rights. In 2005,…
Date: April 28, 2011
Docket Number: 10-5159
Justia Opinion Summary: Defendant-Appellant Curtis Jones sought a Certificate of Appealability (COA) from the Tenth Circuit to get the district court to reconsider his sentence. The court already dismissed Defendant's motion to vacate, set…
Date: April 27, 2011
Docket Number: 10-4175
Justia Opinion Summary: In July, 2010, Anthony Mouille plead guilty to counts of identity fraud and theft that stemmed from his possession of stolen and counterfeit checks he intended to use to commit bank fraud. The district court imposed an…
Date: April 27, 2011
Docket Number: 10-6229
Justia Opinion Summary: A jury found Defendant Robert Miller guilty of possessing a firearm after previously being convicted of a felony. He was sentenced to 240 months’ imprisonment. Defendant appealed his conviction and sentence, arguing that…
Date: April 27, 2011
Docket Number: 10-7065
Justia Opinion Summary: Plaintiff-Appellee Paul Kozel owns and operates the Wranglers Club, a dance club and pool hall in Pushmataha County, Oklahoma, that sells "low-point" beer to its patrons. In January, 2007, Plaintiff complained to the…
Date: April 26, 2011
Docket Number: 08-2174
Justia Opinion Summary: In New Mexico, title insurance is totally regulated by the state. Under its “Title Insurance Act,” the state superintendent of insurance holds yearly public hearings to establish premium rates insurers can charge for…
Date: April 26, 2011
Docket Number: 09-4238
Justia Opinion Summary: Plaintiff-Appellee Abby Tiscareno ran a licensed day care in Summit County, Utah. One morning in November, 2003, James Molineux dropped off his two sons. Plaintiff had cared for the Molineux boys since September. The…
Date: April 26, 2011
Docket Number: 10-5097
Justia Opinion Summary: Plaintiff appealed the administrative law judge's ("ALJ") denial of his application for supplemental security income alleging that he became disabled beginning in March 20, 2005 due to depression, post-traumatic stress…
Date: April 25, 2011
Docket Number: 10-1298
Justia Opinion Summary: Plaintiff-Appellant Wythe Crowe appeals the district court's grant of summary judgment in favor of Defendant-Appellee ADT Security Services on his claims of discrimination and retaliation in violation of Title VII of the…
Date: April 25, 2011
Docket Number: 10-2063
Justia Opinion Summary: Appellant Jose Santos Vaquera-Juanes was indicted for knowingly attempting to re-enter the United States after having been previously deported. Appellant plead guilty to the charge, and was sentenced to forty-nine…
Date: April 25, 2011
Docket Number: 10-2226
Justia Opinion Summary: Defendant-Appellant Moses Earnest Maestas appealed his conviction of possession of intent to distribute fifty grams or more of methamphetamine ("meth"), and for possession of a firearm related to drug trafficking.…
Date: April 22, 2011
Docket Number: 10-8009
Justia Opinion Summary: Defendant-Appellant Sergei Ludwig challenges his indictment on drug trafficking charges stemming from being pulled over by police for speeding. The trooper became suspicious when Defendant offered a strange story about…
Date: April 21, 2011
Docket Number: 10-7097
Justia Opinion Summary: Plaintiff-Appellant Milton Williams appealed the dismissal of his 42 U.S.C. §1983 suit. In 2008, Appellant submitted a handwritten "Request to Staff" (RTS) on a self-prepared form, complaining that his prison spending…
Date: April 19, 2011
Docket Number: 09-4179
Justia Opinion Summary: Plaintiff-Appellant Mauerhan and the Chapter 7 Bankruptcy Trustee brought suit against Mauerhan's former employer Defendant-Appellee Wagner Corporation alleging a violation of the Americans with Disabilities Act (ADA).…
Date: April 19, 2011
Docket Number: 10-4054
Justia Opinion Summary: This appeal asks whether the bankruptcy court correctly determined that an operating agreement between the Debtor C.W. Mining Company (CWM) and Appellant C.O.P. Coal Development Company (COP) was property of the debtor's…
Date: April 19, 2011
Docket Number: 10-4079
Justia Opinion Summary: Defendant-Appellant Huff appealed his convictions on money laundering charges, challenging the lower court's finding that the deposit of checks obtained through wire fraud constitutes money laundering. Defendant received…
Date: April 19, 2011
Docket Number: 10-6165
Justia Opinion Summary: A truck owned by Defendant-Appellant Blutone Enterprises was involved in an accident that resulted in personal injury to three people. Plaintiff-Appellee Mid-Continent Casualty Company brought suit seeking a declaratory…
Date: April 18, 2011
Docket Number: 10-1352
Justia Opinion Summary: The Court affirmed the lower court’s decision dismissing Plaintiff-Appellant David Geras’ contract claim for unpaid commissions and severance against his former employer International Business Machines (IBM). IBM…
Date: April 15, 2011
Docket Number: 10-4086
Justia Opinion Summary: The Court affirmed the lower court’s grant of summary judgment to Defendant, the Department of the Interior. Plaintiff-Appellant Villalpando sued under Title VII of the Civil Rights Act of 1964 and Colorado state law,…
Date: April 13, 2011
Docket Number: 08-4089
Justia Opinion Summary: The employee attempted to enroll in his employer's ERISA-regulated health care plan. The employer deducted premiums, but did not enroll the employee, who subsequently left the company and fell ill. The employee won…
Date: April 12, 2011
Docket Number: 09-2238
Justia Opinion Summary: The debtors obtained confirmation of a Chapter 13 plan. The trustee sought dismissal because of their recalcitrance; they willfully failed to comply with an order requiring monthly reporting of income. The debtors…
Date: April 12, 2011
Docket Number: 10-6039
Justia Opinion Summary: The defendant was convicted of embezzlement from his not-for-profit employer's employee benefit plan and making false statements to a government agent. The Tenth Circuit reversed and remanded for acquittal on…
Date: April 11, 2011
Docket Number: 10-6070
Justia Opinion Summary: The defendant was convicted of being a spectator at a cockfight that occurred in Indian Country, in violation of the Assimilative Crimes Act, 18 U.S.C. 13, (assimilating Oklahoma law criminalizing cockfighting and being…
Date: April 6, 2011
Docket Number: 09-2296
Justia Opinion Summary: New Mexico Environmental Division agents conducted an unannounced inspection. The agents' accounts of the visit differ from those of the two facility employees, but an enforcement action followed. The company brought…
Date: April 5, 2011
Docket Number: 09-4113
Justia Opinion Summary: One day after giving birth, the 17-year-old mother appeared in Utah state court to relinquish parental rights and consent to adoption. Although the mother's mother is a registered member of the Cherokee Nation, the court…
Date: April 4, 2011
Docket Number: 09-1386
Justia Opinion Summary: The defendant challenged convictions for possession and receipt of child pornography, violations of 18 U.S.C. 2252A. The Tenth Circuit affirmed, first rejecting an argument that conviction of possession required intent…
Date: April 4, 2011
Docket Number: 09-5022
Justia Opinion Summary: The defendant was convicted of possession and distribution or attempted distribution of child pornography in violation of 18 U.S.C. 2252, based on evidence that federal agents accessed his account on a file sharing…
Date: April 4, 2011
Docket Number: 10-4105
Justia Opinion Summary: The defendant was convicted of counts relating to securities fraud in connection with an improper revenue recognition scheme. The Tenth Circuit affirmed denial of a post-trial motion based on the statute of limitations…
Date: April 4, 2011
Docket Number: 10-5065
Justia Opinion Summary: The defendant entered a conditional plea of guilty to being a felon in possession of a firearm and ammunition. The district court denied a renewed motion to suppress the gun and ammunition as seized in violation of the…
Date: April 1, 2011
Docket Number: 10-3012
Justia Opinion Summary: The taxpayer has a long history of disputes with the IRS. He created alter ego companies, intentionally destroyed records, and fraudulently conveyed assets to trusts for his sons. His sons challenged a bankruptcy court…
Date: April 1, 2011
Docket Number: 10-6052
Date: March 31, 2011
Docket Number: 10-2031
Justia Opinion Summary: The plaintiff made allegations against a Farmington, New Mexico police officer concerning a 2002 arrest and, in 2004, filed civil rights claims in federal district court. In 2005, the officer responded by filing a…
Date: March 31, 2011
Docket Number: 10-2122
Justia Opinion Summary: The plaintiff filed a class action under the Fair Debt Collection Practices Act and the New Mexico Collection Agency Regulatory Act. About six weeks later, the defendant filed an answer and a Rule 68 offer of judgment in…
Date: March 30, 2011
Docket Number: 10-1388
Justia Opinion Summary: After pleading guilty to possession of child pornography, an offense with a sentencing guidelines range of 97-121 months imprisonment, the defendant was sentenced to time served (one day) plus lifetime supervision…
Date: March 30, 2011
Docket Number: 10-6166
Justia Opinion Summary: The Federal Bureau of Prisons has authority to reduce the sentences of felons convicted of nonviolent offenses by as much as one year for successful completion of a substance abuse treatment program. The Bureau issued a…
Date: March 30, 2011
Docket Number: 10-6222
Justia Opinion Summary: The Petitioner appealed an order awarding her attorney fees under the Equal Access to Justice Act, 28 U.S.C. 2824, but denying $350 costs, in connection with a social security matter, then moved for an award of $5,210…
Date: March 30, 2011
Docket Number: 11-6004
Justia Opinion Summary: The defendant pled guilty to being a felon in possession of a firearm and was sentenced to the mandatory term of 15 years. The district court rejected his fourth challenge. The Tenth Circuit affirmed. The…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.