2012 Tenth Circuit US Court of Appeals Case Law

Opinions 1001 - 1326 of 1326

United States v. Zuniga-Castillo
Date: March 29, 2012
Docket Number: 11-4205
Kinkead v. Durborow
Date: March 29, 2012
Docket Number: 11-5120
Church v. Oklahoma Corr. Industries
Date: March 29, 2012
Docket Number: 11-6272
United States v. Maytubby
Date: March 29, 2012
Docket Number: 11-6291
Williams v. Zavaras
Date: March 29, 2012
Docket Number: 12-1000
United States v. Martinez
Date: March 28, 2012
Docket Number: 11-1382
Loose v. Kogousek
Date: March 28, 2012
Docket Number: 11-1482
United States v. Viera  
Date: March 28, 2012
Docket Number: 11-3296

Justia Opinion Summary: Pro se prisoner Defendant Joe Viera filed a motion to vacate, set aside or correct the sentence he received for conspiracy to distribute methamphetamine, distribution and use of a communication facility to facilitate the…

Baker v. Turley
Date: March 28, 2012
Docket Number: 11-4193
Uzochukwu v. Roody
Date: March 28, 2012
Docket Number: 11-6325
Bush v. Wilson
Date: March 28, 2012
Docket Number: 11-8039
Schubler v. Holder, Jr.
Date: March 28, 2012
Docket Number: 11-9543
United States v. Lake
Date: March 27, 2012
Docket Number: 11-1210
United States v. Rutherford
Date: March 27, 2012
Docket Number: 11-3378
United States v. Cano
Date: March 27, 2012
Docket Number: 11-8054
Rockefeller v. Chu
Date: March 27, 2012
Docket Number: 12-2001
United States v. Andrews
Date: March 27, 2012
Docket Number: 12-3001
BP Pipelines v. C.D. Brown Construction
Date: March 26, 2012
Docket Number: 09-5081
Guy v. Wilson
Date: March 26, 2012
Docket Number: 11-8087
United States v. Nichols
Date: March 23, 2012
Docket Number: 11-3307
Rose v. Utah State Bar
Date: March 23, 2012
Docket Number: 11-4095
United States v. House
Date: March 23, 2012
Docket Number: 11-4102
Walker v. Progressive Direct
Date: March 23, 2012
Docket Number: 11-5122
United States v. Carr, III
Date: March 23, 2012
Docket Number: 12-5003
United States v. Irvin
Date: March 22, 2012
Docket Number: 10-3106
Everplay Installation Inc. v. Guindon
Date: March 22, 2012
Docket Number: 11-1253
Peterson v. Sun Life Assurance Company
Date: March 22, 2012
Docket Number: 11-2179
United States v. Pace
Date: March 22, 2012
Docket Number: 11-6163
Mitchell v. Medina, et al
Date: March 21, 2012
Docket Number: 11-1557
McCormick v. Six
Date: March 21, 2012
Docket Number: 11-3306
United States v. Hunt  
Date: March 21, 2012
Docket Number: 11-6135

Justia Opinion Summary: Defendant-Appellant Shannon Keith Hunt was sentenced to 18 months' imprisonment for violating the conditions of his supervised release. On appeal, he argued the district court failed to apply 18 U.S.C. 3583(e)(3) to give…

United States v. Holly
Date: March 21, 2012
Docket Number: 11-7048
Parker v. Standifird
Date: March 20, 2012
Docket Number: 11-6312
United States v. Young, Jr.
Date: March 16, 2012
Docket Number: 11-7056
United States v. Ruiz-Bautista
Date: March 15, 2012
Docket Number: 11-4117
United States v. Aguilar-Perez
Date: March 14, 2012
Docket Number: 11-6251
United States v. Bull
Date: March 14, 2012
Docket Number: 11-8016
Wilcox v. Magill
Date: March 14, 2012
Docket Number: 11-8021
United States v. Sturm
Date: March 13, 2012
Docket Number: 09-1386
Nozlic v. Romano
Date: March 13, 2012
Docket Number: 11-1513
United States v. Kindt
Date: March 13, 2012
Docket Number: 11-3146
Bangerter v. Roach
Date: March 13, 2012
Docket Number: 11-4111
United States v. Lopez-Merida
Date: March 12, 2012
Docket Number: 10-2244
United States v. Gonzales
Date: March 12, 2012
Docket Number: 11-1317
Allen v. Clements
Date: March 12, 2012
Docket Number: 11-1541
United States v. Collins
Date: March 12, 2012
Docket Number: 11-3342
United States v. Jordan
Date: March 12, 2012
Docket Number: 11-3380
United States v. Stoner
Date: March 12, 2012
Docket Number: 11-6071
Baldwin v. O'Connor
Date: March 9, 2012
Docket Number: 11-1457
Kersh v. Richardson
Date: March 9, 2012
Docket Number: 11-1540
Freeman v. Zavaras
Date: March 9, 2012
Docket Number: 11-1582
Smith v. Chaves County Commissioners
Date: March 9, 2012
Docket Number: 11-2205
United States v. Huggins
Date: March 9, 2012
Docket Number: 11-3161
Green v. Denning
Date: March 9, 2012
Docket Number: 11-3270
Banks v. Warden, FTC, Oklahoma
Date: March 9, 2012
Docket Number: 11-6192
McNeil v. CIR
Date: March 9, 2012
Docket Number: 11-9017
Beltran Escamilla v. Holder, Jr.
Date: March 9, 2012
Docket Number: 11-9510
United States v. Moser
Date: March 8, 2012
Docket Number: 10-3229
Garza v. Burnett
Date: March 8, 2012
Docket Number: 10-4121
Stine v. U.S. Federal Bureau of Prisons
Date: March 8, 2012
Docket Number: 11-1504
United States v. Carvin
Date: March 8, 2012
Docket Number: 11-3163
United States v. Hunter
Date: March 7, 2012
Docket Number: 10-1522
United States v. Antonio-Agusta  
Date: March 7, 2012
Docket Number: 11-1008

Justia Opinion Summary: Plaintiff-Appellee Jose Antonio-Agusta appealed a district court’s application of U.S.S.G. 2L1.2(b)(1)(A)(ii)'s sixteen-level sentence enhancement in calculating his advisory Guidelines range. He argued the district…

United States v. Hunter
Date: March 7, 2012
Docket Number: 11-1221
Mwangi v. Terry
Date: March 7, 2012
Docket Number: 11-2091
Bjorklund v. Miller
Date: March 7, 2012
Docket Number: 11-5037
Bussell v. Astrue
Date: March 7, 2012
Docket Number: 11-5115
Gregor v. Franklin
Date: March 7, 2012
Docket Number: 11-6244
Smith v. Franklin
Date: March 7, 2012
Docket Number: 11-6266
United States v. Haymond  
Date: March 6, 2012
Docket Number: 10-5079

Justia Opinion Summary: Defendant-Appellant Andre Haymond was convicted of one count of possession or attempted possession of child pornography after federal agents discovered Defendant had downloaded the child pornography from a filesharing…

Fisher Sand & Gravel v. Giron
Date: March 6, 2012
Docket Number: 11-2067
San Juan Coal Co. v. Int'l Union of Operating Engineers Local 953  
Date: March 6, 2012
Docket Number: 11-2071

Justia Opinion Summary: San Juan Coal Company and the International Union of Operating Engineers Local 953 entered into binding arbitration to determine whether union members on a certain schedule were entitled to holdover pay. The arbitrator…

United States v. Heard
Date: March 6, 2012
Docket Number: 11-3276
Commonwealth Property Advocate v. U.S. Bank National Assoc.
Date: March 6, 2012
Docket Number: 11-4168
Arnold Oil Properties LLC v. Schlumberger Technology Corp.  
Date: March 6, 2012
Docket Number: 11-6053

Justia Opinion Summary: Plaintiff Arnold Oil Properties, LLC hired Defendant Schlumberger Technology Corp. to perform a specialized cement job on its deep-zone gas well. After Schlumberger poured too much cement into the well, Arnold sued for…

United States v. Cummings
Date: March 6, 2012
Docket Number: 11-6313
UPS v. Jones
Date: March 5, 2012
Docket Number: 09-3275
George v. United States, et al  
Date: March 5, 2012
Docket Number: 11-2045

Justia Opinion Summary: Plaintiff-Appellant Anne George wanted to corral her horse on her property with a fence. The United States Forest Service held an easement across Plaintiff's land. Plaintiff offered to leave a gate across the road…

United States of America v. Carlos Andrade-Vargas
Date: March 5, 2012
Docket Number: 11-4125
United States v. Medina-Talamantes
Date: March 5, 2012
Docket Number: 11-8066
United States v. Mitchell
Date: March 2, 2012
Docket Number: 11-3223
Frischenmeyer v. Werholtz
Date: March 2, 2012
Docket Number: 11-3291
United States v. Villegas
Date: March 1, 2012
Docket Number: 11-4150
Newton v. Parker
Date: March 1, 2012
Docket Number: 11-5148
Wyoming v. NPCA, et al  
Date: February 29, 2012
Docket Number: 10-8088

Justia Opinion Summary: In 1997, environmental and recreational groups began seeking to limit the daily number of snowmobiles permitted in Wyoming national parks. In several consolidated cases, Petitioners the State of Wyoming and Park County,…

United States v. McGaughy  
Date: February 29, 2012
Docket Number: 11-2030

Justia Opinion Summary: Appellant Michael McGaughy pled guilty to possession with intent to distribute marijuana, and the district court sentenced him to 46 months' imprisonment. Months later, Appellant filed a "2255" motion alleging…

United States v. Tom
Date: February 29, 2012
Docket Number: 11-2206
Mothershed v. Oklahoma Bar Association
Date: February 29, 2012
Docket Number: 11-6329
United States v. Miller
Date: February 29, 2012
Docket Number: 11-8088
United States v. Bucio
Date: February 29, 2012
Docket Number: 12-3031
United States v. Sletten
Date: February 28, 2012
Docket Number: 11-1252
United States v. Rodriguez-Garcia
Date: February 28, 2012
Docket Number: 11-2005
United States v. Gould  
Date: February 28, 2012
Docket Number: 11-2057

Justia Opinion Summary: A New Mexico jury convicted former prison guard Defendant-Appellant John Gould of two counts of depriving an inmate of his rights under color of law, and two counts of filing a false report. The convictions arose out of…

Leo v. Garmin International
Date: February 28, 2012
Docket Number: 11-3109
Leo v. Garmin International, Inc.
Date: February 28, 2012
Docket Number: 11-3213
Leo v. Garmin International
Date: February 28, 2012
Docket Number: 11-3321
Muscogee (Creek) v. Henry, et al  
Date: February 28, 2012
Docket Number: 11-7005

Justia Opinion Summary: The Muscogee (Creek) Nation (MCN) sued the Oklahoma Tax Commission (OTC), three commissioners and the Oklahoma Attorney General (collectively, State), seeking declaratory and injunctive relief based on numerous claims…

Bridger Coal Company v. United States Dept. of Labor  
Date: February 28, 2012
Docket Number: 11-9531

Justia Opinion Summary: In 2005, pursuant to the Black Lung Benefits Act's administrative provisions, an Administrative Law Judge (ALJ) awarded lifetime benefits to Merrill Lambright and survivor benefits to his widow, Delores Ashmore.…

Gray v. University of Colo. Hospital  
Date: February 27, 2012
Docket Number: 10-1446

Justia Opinion Summary: Decedent Charles Gray sought treatment for epilepsy at Defendant University of Colorado Hospital. In the course of his withdrawal from medication, hospital staff left Decedent unattended and he died after suffering a…

EEOC v. Burlington Northern Santa Fe Railroad  
Date: February 27, 2012
Docket Number: 11-1121

Justia Opinion Summary: The Equal Employment Opportunity Commission (EEOC) appealed a judgment of the district court that declined to enforce an administrative subpoena against Burlington Northern Santa Fe Railroad (BNSF). On appeal, the EEOC…

Georgacarakos v. Daniels
Date: February 27, 2012
Docket Number: 11-1496
Morris v. Noe  
Date: February 27, 2012
Docket Number: 11-5066

Justia Opinion Summary: Plaintiff Donna Morris brought a 42 U.S.C. 1983 action for unlawful arrest and excessive force on behalf of her deceased husband, William Morris III, against Defendants Officer Jaime Noe and the City of Sapulpa,…

United States v. De Loera-Hernandez
Date: February 27, 2012
Docket Number: 11-6129
McGee v. Rudek
Date: February 27, 2012
Docket Number: 11-6241
United States v. Sturm
Date: February 24, 2012
Docket Number: 09-1386
United States v. Dayton
Date: February 24, 2012
Docket Number: 09-5022
United States v. Mendoza-Lopez  
Date: February 24, 2012
Docket Number: 10-1499

Justia Opinion Summary: Defendant-Appellant Salvador Mendoza-Lopez appeals his sentence, arguing the district court denied him his right of allocution. Mendoza-Lopez pleaded guilty to one count of unlawful re-entry after removal. The…

Evans v. The Bank of New York
Date: February 24, 2012
Docket Number: 11-1096
Navigato v. SJ Restaurants, LLC
Date: February 24, 2012
Docket Number: 11-3108
BP Pipelines v. C.D. Brown Construction
Date: February 23, 2012
Docket Number: 09-5081
Berry v. Mission Group Kansas, Inc.
Date: February 23, 2012
Docket Number: 10-3289
United States v. Grose
Date: February 23, 2012
Docket Number: 10-6277
United States v. Celio
Date: February 23, 2012
Docket Number: 11-1410
Romero v. Storey  
Date: February 23, 2012
Docket Number: 11-2139

Justia Opinion Summary: Plaintiff Steven Romero brought suit against Defendants Jeremy Story, Manuel Frias, and Vincent Shadd, Las Cruces, New Mexico law enforcement officers, alleging unlawful arrest and excessive force in violation of 42…

Ali v. Province
Date: February 23, 2012
Docket Number: 11-5043
Whitmore v. Miller
Date: February 23, 2012
Docket Number: 11-6190
Atkins v. Sweetwater Co Sheriffs Office
Date: February 23, 2012
Docket Number: 11-8067
United States v. Damato  
Date: February 22, 2012
Docket Number: 10-3191

Justia Opinion Summary: Defendant-Appellant Glenn Damato appealed his 96-month sentence for conspiracy to distribute marijuana. He argued that the district court erred in calculating the quantity of drugs by including as relevant conduct a drug…

United States v. Williams
Date: February 22, 2012
Docket Number: 10-6290
Large v. Freemont County  
Date: February 22, 2012
Docket Number: 10-8071

Justia Opinion Summary: The issue on appeal to the Tenth circuit centered on what level of deference (if any) must be afforded to a local governmental entity's proffered plan to remedy an adjudged violation of Section 2 of the Voting Rights Act…

United States v. Jackson
Date: February 22, 2012
Docket Number: 11-1034
United States v. Loya-Rodriguez  
Date: February 22, 2012
Docket Number: 11-1051

Justia Opinion Summary: Defendant Casimiro Loya-Rodriguez appealed his conviction and sentence for illegal reentry after deportation subsequent to an aggravated felony conviction. He contended the district court denied his Sixth Amendment right…

United States v. McGehee  
Date: February 22, 2012
Docket Number: 11-3068

Justia Opinion Summary: Defendant-Appellant Jonathan McGehee was found guilty by jury of possessing with the intent to distribute a quantity of cocaine base, possessing a firearm in furtherance of a drug-trafficking crime, and being a felon in…

United States v. Price
Date: February 22, 2012
Docket Number: 11-3220
World Publishing Company v. United States Dept. of Justice  
Date: February 22, 2012
Docket Number: 11-5063

Justia Opinion Summary: Plaintiff-Appellant, World Publishing Company, publisher of the "Tulsa World" newspaper, appealed a district court's judgment in favor of Defendant-Appellee the United States Department of Justice. Resolving various…

United States v. Knittel
Date: February 22, 2012
Docket Number: 11-6075
Thomas v. Parker  
Date: February 22, 2012
Docket Number: 11-6087

Justia Opinion Summary: Plaintiff-appellant Jerry Thomas was a prisoner serving time in an Oklahoma state prison. He brought suit under 42 U.S.C. 1983, and sought to appeal the district court's entry of summary judgment in favor of defendants…

Davis v. CCA
Date: February 22, 2012
Docket Number: 11-7027
United States v. Gauruder
Date: February 21, 2012
Docket Number: 10-4222
United States v. Hix
Date: February 21, 2012
Docket Number: 11-1309
Valdez v. Duran  
Date: February 21, 2012
Docket Number: 11-2063

Justia Opinion Summary: Two appeals arose out of a lawsuit filed against New Mexico state officials that sought declaratory and injunctive relief to redress alleged violations of New Mexico’s obligations under Sections 7 and 5 of the National…

Christensen v. Park City Municipal Corp.
Date: February 21, 2012
Docket Number: 11-4075
United States v. Canas
Date: February 21, 2012
Docket Number: 11-6060
Kenney v. AG Equipment
Date: February 21, 2012
Docket Number: 11-6319
United States v. Bradley
Date: February 21, 2012
Docket Number: 11-8068
Rabon v. Astrue
Date: February 17, 2012
Docket Number: 11-5078
Grynberg Production Corp. v. Susman Godfrey, LLP
Date: February 16, 2012
Docket Number: 10-1248
United States v. Lewis
Date: February 16, 2012
Docket Number: 11-1054
Robinson v. Davis
Date: February 16, 2012
Docket Number: 11-1525
Jones v. Courtney
Date: February 16, 2012
Docket Number: 11-3272
Warren v. Campbell Farming Corporation
Date: February 15, 2012
Docket Number: 09-2169
Barker v. Astrue
Date: February 15, 2012
Docket Number: 10-4195
United States v. Jordan
Date: February 15, 2012
Docket Number: 11-1108
Park v. TD Ameritrade Trust Company
Date: February 14, 2012
Docket Number: 11-1157
Myers v. Koopman
Date: February 14, 2012
Docket Number: 11-1299
United States v. West  
Date: February 14, 2012
Docket Number: 11-3070

Justia Opinion Summary: A confidential informant purchased controlled substances from Defendant Willie West in controlled buys. Some of these purchases occurred at Defendant's apartment in Lawrence, Kansas, which was within 1000 feet of Holcom…

Johnson v. Sedgwick County Sheriff's Dept
Date: February 14, 2012
Docket Number: 11-3204
United States v. Oyer
Date: February 14, 2012
Docket Number: 11-3222
United States v. Coulter
Date: February 14, 2012
Docket Number: 11-6078
Esquivel v. Warden of El Reno Correctional
Date: February 14, 2012
Docket Number: 11-6269
Stafford v. Stewart
Date: February 14, 2012
Docket Number: 11-7045
Najera v. Murphy
Date: February 14, 2012
Docket Number: 11-8047
Valdez v. McGill
Date: February 13, 2012
Docket Number: 11-2051
United States v. Bedolla-Izazaga
Date: February 13, 2012
Docket Number: 11-3312
United States v. Venzor-Granillo  
Date: February 10, 2012
Docket Number: 10-1541

Justia Opinion Summary: Defendant-Appellant Abram Venzor-Granillo appealed the district court’s application of an eight-level sentence enhancement under U.S.S.G. 2L1.2(b)(1)(C). He argued the district court erred by using the modified…

DeGraw v. Exide Technologies
Date: February 10, 2012
Docket Number: 10-3303
United States v. Hinson
Date: February 10, 2012
Docket Number: 11-3286
United States v. Sanchez-Sosa
Date: February 10, 2012
Docket Number: 11-3325
Brimer v. Life Insurance Company of NA
Date: February 10, 2012
Docket Number: 11-5032
Calvert v. Dinwiddie
Date: February 10, 2012
Docket Number: 11-5044
United States v. Baum
Date: February 10, 2012
Docket Number: 11-6105
Haworth v. United States
Date: February 10, 2012
Docket Number: 11-8006
Mapp v. Duckwall-Alco Stores, Inc.
Date: February 9, 2012
Docket Number: 10-3322
United States v. Ewing
Date: February 9, 2012
Docket Number: 11-1052
Del Raine v. Daniels
Date: February 9, 2012
Docket Number: 11-1073
Deberry v. Davis
Date: February 9, 2012
Docket Number: 11-1152
Arocho v. Lappin
Date: February 9, 2012
Docket Number: 11-1278
White v. Medina
Date: February 9, 2012
Docket Number: 11-1539
Ruppert v. Bravo
Date: February 9, 2012
Docket Number: 11-2144
United States v. Eatman
Date: February 9, 2012
Docket Number: 11-3055
Boese v. Fort Hays State University
Date: February 9, 2012
Docket Number: 11-3154
Thompson v. City of Shawnee
Date: February 9, 2012
Docket Number: 11-6051
Johnson v. Ezell
Date: February 9, 2012
Docket Number: 11-6278
United States v. Snow, Jr.
Date: February 9, 2012
Docket Number: 11-7002
Thibeaux v. Cain
Date: February 9, 2012
Docket Number: 12-1016
United States v. Apodaca-Garcia
Date: February 8, 2012
Docket Number: 11-1230
Kirby v. King
Date: February 8, 2012
Docket Number: 11-2214
Loggins v. Hannigan
Date: February 8, 2012
Docket Number: 11-3323
BC Technical, Inc. v. Ensil International
Date: February 7, 2012
Docket Number: 09-4011
United States v. Hoodenpyle
Date: February 7, 2012
Docket Number: 10-1457
Williams v. Metropolitan Life
Date: February 7, 2012
Docket Number: 10-1504
United States v. Rosales-Garcia  
Date: February 7, 2012
Docket Number: 10-4224

Justia Opinion Summary: Defendant-Appellant Raul Rosales-Garcia pled guilty to one count of illegal reentry in violation of 8 U.S.C. 1326 and was sentenced to a term of imprisonment of 37 months. On appeal Defendant challenged his sentence,…

United States v. Hill
Date: February 7, 2012
Docket Number: 10-6203
Clementson v. Countrywide Financial
Date: February 7, 2012
Docket Number: 11-1272
United States v. Vargas-Medina
Date: February 7, 2012
Docket Number: 11-1356
Trujillo v. Ploughe
Date: February 7, 2012
Docket Number: 11-1436
Valenzuela v. Medina
Date: February 7, 2012
Docket Number: 11-1480
United States v. Walny
Date: February 7, 2012
Docket Number: 11-2147
Mayberry v. Astrue
Date: February 7, 2012
Docket Number: 11-5058
United States v. Thody
Date: February 7, 2012
Docket Number: 11-7059
Sampson v. Integra Telecom Holdings, Inc.
Date: February 6, 2012
Docket Number: 10-4227
In re: Level 3 Communication  
Date: February 6, 2012
Docket Number: 11-1029

Justia Opinion Summary: Lead Plaintiff William Poppo filed a class action complaint on behalf of all persons who purchased Level 3 securities between October 2006 and October 2007. Plaintiff brought suit under the under Section 10(b) of the…

Khalik v. United Air Lines  
Date: February 6, 2012
Docket Number: 11-1063

Justia Opinion Summary: Plaintiff-Appellant Fedwa Khalik appealed the district court's decision that dismissed her Title VII employment discrimination case for failing to state a claim. Plaintiff was hired by Defendant United Air Lines in 1995,…

Beals v. U.S. Department of Justice
Date: February 6, 2012
Docket Number: 11-4187
United States v. Harwood
Date: February 6, 2012
Docket Number: 11-8028
United States v. Addison
Date: February 6, 2012
Docket Number: 11-8059
United States v. Johnson
Date: February 2, 2012
Docket Number: 10-1530
United States v. Smith
Date: February 2, 2012
Docket Number: 10-3231
Haltom v. Great Northwest Insurance Co.
Date: February 2, 2012
Docket Number: 10-6258
Romero v. Lander
Date: February 2, 2012
Docket Number: 11-1093
Martin v. Hilkey
Date: February 2, 2012
Docket Number: 11-1148
Trimble v. Trani
Date: February 2, 2012
Docket Number: 11-1407
United States v. Zavala-Garcia
Date: February 2, 2012
Docket Number: 11-1448
Gordon v. Medina
Date: February 2, 2012
Docket Number: 11-1471
Chavez v. McWhorter
Date: February 2, 2012
Docket Number: 11-2073
United States v. Quirk
Date: February 2, 2012
Docket Number: 11-3074
Pacheco v. Commandant, USDB
Date: February 2, 2012
Docket Number: 11-3301
United States v. Maravilla
Date: February 2, 2012
Docket Number: 11-5029
Toppins v. Minnesota Life Insurance Co.
Date: February 2, 2012
Docket Number: 11-5062
Brodzki v. Clear Channel Communications
Date: February 2, 2012
Docket Number: 11-6323
United States v. Gallegos
Date: February 2, 2012
Docket Number: 11-8084
Bethel v. United States
Date: February 1, 2012
Docket Number: 09-1219
United States v. Patton
Date: February 1, 2012
Docket Number: 10-3248
Hale v. Allied Insurance
Date: February 1, 2012
Docket Number: 10-8095
United States v. Braden
Date: February 1, 2012
Docket Number: 10-8109
Miller, et al v. Deutshce Bank National Trust  
Date: February 1, 2012
Docket Number: 11-1232

Justia Opinion Summary: After Deutsche Bank National Trust Company (Deutsche Bank) brought a foreclosure action against the home owned by Appellants Mark and Jamileh Miller and obtained an Order Authorizing Sale (OAS) from a Colorado court, the…

Gomez v. United States
Date: February 1, 2012
Docket Number: 11-2146
Trujillo v. Williams
Date: February 1, 2012
Docket Number: 11-2177
Brown v. Unified School Dist.
Date: February 1, 2012
Docket Number: 11-3170
United States v. Johnson
Date: February 1, 2012
Docket Number: 11-3299
Pola v. State of Utah
Date: February 1, 2012
Docket Number: 11-4040
Scarborough v. LaSalle Bank
Date: February 1, 2012
Docket Number: 11-4092
United States v. Phillips
Date: February 1, 2012
Docket Number: 11-6000
Hinton v. Bowers
Date: February 1, 2012
Docket Number: 11-6259
Garman v. Campbell County School Dist.
Date: February 1, 2012
Docket Number: 11-8042
United States v. Johnson
Date: January 31, 2012
Docket Number: 11-1095
United States v. Blaze
Date: January 31, 2012
Docket Number: 11-1254
United States v. Hunter
Date: January 31, 2012
Docket Number: 11-1367
Trinen v. City of Aurora
Date: January 31, 2012
Docket Number: 11-1396
Yarberry v. Vilsack
Date: January 31, 2012
Docket Number: 11-1444
United States v. Gutierrez
Date: January 31, 2012
Docket Number: 11-2157
Schrader v. Richardson
Date: January 31, 2012
Docket Number: 11-2191
James v. Roberts
Date: January 31, 2012
Docket Number: 11-3330
United States v. Cosey
Date: January 31, 2012
Docket Number: 11-4186
United States v. Wrobel
Date: January 31, 2012
Docket Number: 11-5051
Igwe v. Saint Anthony's
Date: January 31, 2012
Docket Number: 11-6099
United States v. Lee
Date: January 31, 2012
Docket Number: 11-6122
Contreras-Bocanegra v. Holder
Date: January 30, 2012
Docket Number: 10-9500
Patillo v. Larned State Hospital
Date: January 30, 2012
Docket Number: 11-3184
United States v. Croucher
Date: January 30, 2012
Docket Number: 11-3196
United States v. Matthews
Date: January 30, 2012
Docket Number: 11-5020
Showalter v. Addison
Date: January 30, 2012
Docket Number: 11-6289
United States v. Strandlof  
Date: January 27, 2012
Docket Number: 10-1358

Justia Opinion Summary: Appellant Rick Strandlof was charged under the Stolen Valor Act (18 U.S.C. 704(b)) which makes it illegal to falsely claim to have received a military award or honor. The issue before the Tenth Circuit was whether the…

United States v. Enriquez
Date: January 27, 2012
Docket Number: 11-2097
Smith v. CIR
Date: January 27, 2012
Docket Number: 11-9003
United States v. Neighbors
Date: January 26, 2012
Docket Number: 10-3243
Moore v. Oklahoma Housing
Date: January 26, 2012
Docket Number: 11-6109
Hernandez v. City of Las Cruces, New Mexico
Date: January 25, 2012
Docket Number: 11-2074
Kyles v. Chester
Date: January 25, 2012
Docket Number: 11-3226
Knox v. Morgan
Date: January 25, 2012
Docket Number: 11-6245
Martinez-Diaz v. Holder, Jr.
Date: January 25, 2012
Docket Number: 11-9512
Abbasid, Inc. v. First Natl. Bank of Santa Fe  
Date: January 24, 2012
Docket Number: 10-2069

Justia Opinion Summary: Azhar Said on behalf of Plaintiff-Appellant Abbasid, Inc. sued the Los Alamos National Bank and First National Bank of Santa Fe for negligence in paying and accepting checks intended for the business but that his now…

Rodriguez-Aguirre v. Garcia
Date: January 24, 2012
Docket Number: 11-1420
Hopson v. State of Kansa
Date: January 24, 2012
Docket Number: 11-3248
United States v. Freerksen
Date: January 24, 2012
Docket Number: 11-6044
United States v. Freerksen, III
Date: January 24, 2012
Docket Number: 11-6059
United States v. Games-Perez  
Date: January 23, 2012
Docket Number: 11-1011

Justia Opinion Summary: Defendant-Appellant Miguel Games-Perez was indicted for possession of a firearm by a felon. Claiming that he was unaware that he was actually a felon, he filed a motion in limine, seeking a pre-trial ruling that the…

Trans-Exchange, et al v. World's Largest Pearl, et al
Date: January 23, 2012
Docket Number: 11-1154
SECSYS, LLC v. Vigil  
Date: January 23, 2012
Docket Number: 11-2006

Justia Opinion Summary: Former New Mexico state treasurer Defendant-Appellee Robert Vigil and his former deputy, co-Defendant Ann Marie Gallegos allegedly hatched a plan to find work for his political rival's wife so that the rival couldn't…

Doe v. City of Albuquerque  
Date: January 20, 2012
Docket Number: 10-2102

Justia Opinion Summary: This was a case of first impression for the Court. John Doe, a registered sex offender, brought a facial challenge under the First and Fourteenth Amendments to a ban enacted by the City of Albuquerque that prohibited…

Ruston v. United States, et al
Date: January 20, 2012
Docket Number: 11-3311
Moredock, et al v. CIR
Date: January 20, 2012
Docket Number: 11-9015
The Ohio Casualty, Ins. Co., et al v. Cloud Nine, et al
Date: January 18, 2012
Docket Number: 08-4003
United States v. Ventura-Perez  
Date: January 18, 2012
Docket Number: 10-1529

Justia Opinion Summary: In August 2010, Defendant Byron Ventura-Perez pled guilty in Colorado to illegal reentry after having been deported subsequent to an aggravated-felony conviction. Defendant raised two issues on appeal: (1) he contended…

Morris v. City of Colorado Springs  
Date: January 18, 2012
Docket Number: 10-1572

Justia Opinion Summary: Plaintiff-Appellant Sonja Morris appealed the district court’s grant of judgment on the pleadings on her First Amendment retaliation claim brought under 42 U.S.C. 1983, and grant of summary judgment on her claim for…

O'Mara, et al v. Government Employees, et al
Date: January 18, 2012
Docket Number: 10-5158
Ochoa v. Workman  
Date: January 18, 2012
Docket Number: 10-6088

Justia Opinion Summary: Relying on "Atkins v. Virginia" (536 W.S. 304, 321 (2002)), the Oklahoma Court of Criminal Appeals (OCCA) granted Petitioner-Appellant George Ochoa a post-conviction jury trial to determine whether he was mentally…

Silver v. Glass, et al
Date: January 18, 2012
Docket Number: 11-2153
Chavez v. Schwartz, et al
Date: January 18, 2012
Docket Number: 11-2226
United States v. Soto-Tula
Date: January 18, 2012
Docket Number: 11-4045
Wilson v. City of Oklahoma City, et al
Date: January 18, 2012
Docket Number: 11-6282
United States v. Farr
Date: January 18, 2012
Docket Number: 11-6324
Smith v. Wilson, et al
Date: January 18, 2012
Docket Number: 11-8040
Hausler v. Felton
Date: January 17, 2012
Docket Number: 10-5131
Heavy Petroleum Partners, LLC, et al v. Atkins, et al
Date: January 17, 2012
Docket Number: 11-3017
Whitmore v. Jones, et al
Date: January 17, 2012
Docket Number: 11-6261
United States v. Moore
Date: January 13, 2012
Docket Number: 11-1358
Murdock v. Astrue
Date: January 13, 2012
Docket Number: 11-5079
Fristoe v. United State
Date: January 12, 2012
Docket Number: 11-5149
United States v. Boyd
Date: January 12, 2012
Docket Number: 11-6189
Tucker v. Murphy, et al
Date: January 12, 2012
Docket Number: 11-8086
Guttman v. Khalsa, et al  
Date: January 11, 2012
Docket Number: 10-2167

Justia Opinion Summary: Plaintiff-Appellant Stuart Guttman, MD had a history of depression and post-traumatic stress disorder. His medical license was "qualified" by the New Mexico Board of Medical Examiners, which subjected him to quarterly…

United States v. Carranza-Hurtado
Date: January 11, 2012
Docket Number: 11-2154
Leach v. Astrue
Date: January 11, 2012
Docket Number: 11-5068
Davis v. Akin's, et al
Date: January 11, 2012
Docket Number: 11-6144
Whitmore v. Jones, et al
Date: January 11, 2012
Docket Number: 11-6167
Johnston v. Jone
Date: January 11, 2012
Docket Number: 11-6265
Van Dyke v. United States of America, et al
Date: January 11, 2012
Docket Number: 11-8002
United States v. Ruiz  
Date: January 10, 2012
Docket Number: 10-3331

Justia Opinion Summary: Defendant-Appellant Felipe Ruiz conditionally pled guilty to possessing with the intent to distribute more than five kilograms of cocaine. He reserved his right to appeal the district court's denial of his motion to…

Awad v. Ziriax, et al  
Date: January 10, 2012
Docket Number: 10-6273

Justia Opinion Summary: In 2010, Oklahoma voters approved a state constitutional amendment that would prevent state courts from considering or using Sharia law. Members of the state election board asked the Tenth Circuit to review whether a…

Whitmore v. Hill, et al
Date: January 10, 2012
Docket Number: 10-6279
Shiplett v. Astrue
Date: January 10, 2012
Docket Number: 10-7079
Smalls v. Stermer, et al
Date: January 10, 2012
Docket Number: 11-3113
Whitmore v. Hill, et al
Date: January 10, 2012
Docket Number: 11-6158
Gordon v. Franklin
Date: January 10, 2012
Docket Number: 11-6262
Hansraj v. Holder, Jr.
Date: January 10, 2012
Docket Number: 11-9513
Rios v. Dona Ana County, et al
Date: January 9, 2012
Docket Number: 11-2081
Henderson v. Parker
Date: January 9, 2012
Docket Number: 11-7060
Abajue v. Holder, Jr.
Date: January 9, 2012
Docket Number: 11-9528
Pang v. Holder, Jr.  
Date: January 6, 2012
Docket Number: 10-9570

Justia Opinion Summary: Petitioner Zhi Wei Pang illegally entered the United States in 1993 from the People's Republic of China. Months after he arrived, he unsuccessfully applied for asylum under the Immigration and Nationality Act and relief…

Culp v. Williams, et al
Date: January 6, 2012
Docket Number: 11-1242
United States v. Hernandez-Cornejo
Date: January 6, 2012
Docket Number: 11-2046
United States v. Rascon-Garcia
Date: January 6, 2012
Docket Number: 11-2092
Cantrall v. Chester
Date: January 6, 2012
Docket Number: 11-3167
United States v. Roble
Date: January 6, 2012
Docket Number: 11-3198
United States v. Ferguson
Date: January 6, 2012
Docket Number: 11-4004
Jackson v. Standifird, et al
Date: January 6, 2012
Docket Number: 11-5126
Evans v. Province
Date: January 6, 2012
Docket Number: 11-6219
Ute Indian Tribe of the Uintah v. Ute Distribution Corp.  
Date: January 5, 2012
Docket Number: 10-4213

Justia Opinion Summary: Plaintiff-Appellant Ute Indian Tribe challenged three amendments to the articles of incorporation of Defendant Ute Distribution Corporation (UDC). UDC represents former members of the tribe and jointly manages assets…

MCC Mgmt of Naples v. International Bancshare  
Date: January 5, 2012
Docket Number: 10-6283

Justia Opinion Summary: Defendant-Appellant International Bancshares Corporation (IBC) appealed the judgment of the district court in favor of Plaintiff-Appellee MCC Management of Naples (Colliers). The Colliers sued for breach of contract and…

Mathia v. Commissioner of Internal Revenue  
Date: January 5, 2012
Docket Number: 10-9004

Justia Opinion Summary: Petitioner-Appellant Jean Mathia is the widow of Doyle Mathia, who was a limited partner in Greenwich Associates. Greenwich was a partnership that incurred losses that were passed through to the couple’s income tax…

Roebuck v. Medina  
Date: January 5, 2012
Docket Number: 11-1399

Justia Opinion Summary: Petitioner-Appellant Marcellous Ander Roebuck sought a certificate of appealability (COA) to challenge his conviction and sentence on the grounds he received ineffective assistance of counsel at trial. Petitioner pled…

Scott v. Warden of the BVCC  
Date: January 5, 2012
Docket Number: 11-1446

Justia Opinion Summary: Pro se prisoner Petitioner Lynn Scott sought a certificate of appealability (COA) to challenge the district court's dismissal of his petition for habeas relief. In 2000, Petitioner was convicted in Colorado state court…

United States v. Duran  
Date: January 5, 2012
Docket Number: 11-4137

Justia Opinion Summary: Pro se prisoner Defendant James Duran sought a certificate of appealability (COA) to appeal the district court's denial of his "Rule 60(b)" motion for reconsideration of his previously denied motion for post-conviction…

United States v. Lamirand  
Date: January 5, 2012
Docket Number: 11-6033

Justia Opinion Summary: Defendant-Appellant Keenan Anthony Lamirand pled guilty to one count of possession of marijuana with the intent to distribute and sentenced to 24 months' imprisonment followed by five years of supervised release. After…

United States v. Bryant  
Date: January 5, 2012
Docket Number: 11-7029

Justia Opinion Summary: Defendant-Appellant Kerry Raina Bryant appealed her conviction for theft by an officer or employee of a gaming establishment on Choctaw Indian lands. She entered a conditional plea, reserving the right to appeal the…

United States v. Bates  
Date: January 5, 2012
Docket Number: 11-7042

Justia Opinion Summary: Defendant-Appellant Drew Bates appealed his conviction on cocaine possession charges. He argued on appeal to the Tenth Circuit that: (1) the district court erred in denying his motion to suppress; (2) there was…

United States v. Schulz  
Date: January 5, 2012
Docket Number: 11-8024

Justia Opinion Summary: Defendant-Appellant Daniel Schulz appealed his conviction following his guilty plea for distribution of fentanyl resulting in death. His counsel filed an "Anders" motion. Although the crime to which Schulz pled guilty…

Maestas v. Day & Zimmerman, LLC  
Date: January 4, 2012
Docket Number: 10-2280

Justia Opinion Summary: Plaintiffs Michael Maestas, Thomas May, Juanito Marquez and Jahmaal Gregory were all officers in a private security force that protects Los Alamos National Laboratory. They contended that their employer, Day & Zimmerman,…

Wallace v. Microsoft Corp.  
Date: January 4, 2012
Docket Number: 11-3111

Justia Opinion Summary: In the first time this case came before the Tenth Circuit, the Court affirmed a grant of summary judgment to Defendant-Appellant Microsoft Corporation on Plaintiff-Appellant Stephanie Wallace's breach-of-contract claim,…

Watkins v. Craft  
Date: January 4, 2012
Docket Number: 11-7019

Justia Opinion Summary: Pro se prisoner Plaintiff-Appellant Elvin Watkins filed a 42 U.S.C. 1983 complaint alleging that an Oklahoma Highway Patrol Trooper violated his constitutional rights in 2007 during a traffic stop that resulted in…

United States v. Sunday  
Date: January 4, 2012
Docket Number: 11-8010

Justia Opinion Summary: Defendant-Appellant Eugene Sunday appealed the computer and mental health conditions of the supervised release portion of his sentence for bank fraud and uttering counterfeit securities. Among his arguments on appeal to…

Cornwell v. Union Pacific Railroad Co.  
Date: January 3, 2012
Docket Number: 10-5151

Justia Opinion Summary: Plaintiff-Appellant Dennis Cornwell brought a wrongful death action on behalf of his wife who died at a railroad grade crossing when the vehicle she was driving hit a locomotive owned and operated by Defendant Union…

United States v. Goodwin  
Date: January 3, 2012
Docket Number: 11-3302

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Joal Goodwin sought a certificate of appealability (COA) to challenge the district court's denial of his motion to vacate, set aside or correct his sentence. In 2010, Defendant was…

EEC, Inc. v. Baker Hughes Oilfield  
Date: January 3, 2012
Docket Number: 11-6121

Justia Opinion Summary: Defendant Baker Hughes Inteq, Inc. appealed the district court's order that denied its motion to compel arbitration. Plaintiff EEC, Inc. and Baker contracted for Baker to provide drilling equipment for use in EEC's…

Branch v. Howard  
Date: January 3, 2012
Docket Number: 11-6220

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Anthony Branch sought a certificate of appealability to challenge the district court's denial of his application for habeas relief. Petitioner was convicted on one count of…

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