2011 Tenth Circuit US Court of Appeals Case Law

Opinions 1 - 500 of 1238

United States v. Carel, Jr.  
Date: December 30, 2011
Docket Number: 10-1095

Justia Opinion Summary: In 2010, Defendant-Appellant Franklin Carel, Jr. was convicted of knowingly failing to update his sex offender registration as required by the Sex Offender Registration and Notification Act (SORNA). On appeal,he contende...

United States v. Doles  
Date: December 30, 2011
Docket Number: 10-8096

Justia Opinion Summary: Defendant-Appellant Jeffery Doles appealed his conviction for sentencing after a jury convicted him of unlawfully selling drug paraphernalia. Defendant was given a voluntary surrender date, but fled to Mexico instead of...

Field v. Board of Water Commissioner  
Date: December 30, 2011
Docket Number: 11-1191

Justia Opinion Summary: Plaintiff-Appellant Bruce Field filed a wrongful termination action against his former employer the Board of Water Commissioners for the City and County of Denver (Denver Water), alleging three "1983" retaliation claims....

O'Kelley v. Heredia  
Date: December 30, 2011
Docket Number: 11-2175

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Jimmy Ray O'Kelly sought a certificate of appealability (COA) to challenge the district court's denial of his application for habeas relief. Dozens of partygoers were gathered at a Ne...

United States v. Lester
Date: December 30, 2011
Docket Number: 11-3245
Dumas v. Proctor & Gamble  
Date: December 30, 2011
Docket Number: 11-3280

Justia Opinion Summary: Pro se Plaintiff-Appellant Richard Dumas appealed the dismissal of his workplace discrimination suit against Proctor and Gamble (P&G). Plaintiff was employed as a contractor assigned to work at P&G's Kansas City manufact...

Conger v. Astrue  
Date: December 30, 2011
Docket Number: 11-5046

Justia Opinion Summary: Plaintiff-Appellant John Conger appealed the Commissioner's denial of his application for supplemental social security income benefits. Plaintiff applied for benefits in 2005 alleging he was unable to work because of deg...

Belden v. Lampert  
Date: December 30, 2011
Docket Number: 11-8079

Justia Opinion Summary: Plaintiff-Appellant Gary Belden was sentenced in Wyoming state court to life imprisonment after being convicted of first-degree murder and first-degree sexual assault. He was transferred to an out-of-state prison in 2003...

Johns v. Astrue  
Date: December 29, 2011
Docket Number: 11-4099

Justia Opinion Summary: Plaintiff-Appellant Kathryn Johns appealed the district court’s denial of her motion for attorneys' fees under the Equal Access to Justice Act (EAJA) which followed the court's remand to the Commissioner of her claims fo...

Leser v. Berridge  
Date: December 28, 2011
Docket Number: 11-1094

Justia Opinion Summary: Respondent Alena Berridge relocated to Denver, Colorado from the Czech Republic with her two children. Subsequently, Petitioner Max Joseph Lesler, Respondent’s ex-husband and father of the children, filed a petition seek...

United States v. Lonjose  
Date: December 28, 2011
Docket Number: 11-2042

Justia Opinion Summary: Defendant-Appellant Randell David Lonjose pleaded guilty to one count of engaging in a sexual act with a minor in Indian Country, and was sentenced to 51 months in prison followed by three years of supervised release. As...

Hoko v. Huish Detergents, Inc.  
Date: December 27, 2011
Docket Number: 11-4016

Justia Opinion Summary: Pro se Plaintiff-Appellant Sione Hoko appealed the district court's grant of summary judgment in favor of Huish Detergents, Inc. on his Title VII and state-law civil rights claims. Plaintiff worked for Huish from 1989 un...

Anschutz Company v. CIR  
Date: December 27, 2011
Docket Number: 11-9001

Justia Opinion Summary: Petitioners Anschutz Company and Philip and Nancy Anschutz appealed a Tax Court decision to hold them responsible for substantial income tax deficiencies for the taxable years 2000 and 2001. Those deficiencies, the Tax C...

Jordan v. U.S. Department of Justice  
Date: December 23, 2011
Docket Number: 10-1469

Justia Opinion Summary: Pro se Plaintiff-Appellant Mark Jordan brought this action under the Freedom of Information Act (FOIA) and the Privacy Act. Plaintiff was convicted of multiple armed robberies in 1994 and the stabbing death of a fellow i...

Abeyta v. City of Albuquerque  
Date: December 23, 2011
Docket Number: 10-2234

Justia Opinion Summary: On its second trip to the Tenth Circuit, this case arose from a dispute over payment for trial transcripts. After the City ordered and paid for original hearing transcripts prepared by Ms. Bean, Mr. Livingston asked the...

United States v. Murphy  
Date: December 23, 2011
Docket Number: 10-4095

Justia Opinion Summary: Defendant-Appellant Kevin Murphy was a registered sex offender in Utah, after having been convicted of aggravated sexual assault and aggravated sexual abuse of a child. Several times since his conviction, he has signed f...

Commonwealth Prop. Advocates v. Mortgage Elec. Reg. Sys.  
Date: December 23, 2011
Docket Number: 10-4182

Justia Opinion Summary: Plaintiff Commonwealth Property Advocates, LLC, acquired title to three pieces of real property in Utah from three defaulting borrowers. Plaintiff then filed three suits in diversity against various Defendants which held...

Luttrell v. Astrue  
Date: December 23, 2011
Docket Number: 10-5161

Justia Opinion Summary: Claimant Debra Ann Luttrell appealed a district court order that affirmed the Commissioner's decision to deny her social security disability and supplemental security income benefits. Claimant challenged the Commissioner...

MacKay v. DEA  
Date: December 23, 2011
Docket Number: 10-9556

Justia Opinion Summary: Petitioner Dewey MacKay, M.D. petitioned the Tenth Circuit to review a decision of the Deputy Administrator of the Drug Enforcement Administration (DEA) that revoked his registration to dispense controlled substances and...

Russell v. Financial Capital Companies  
Date: December 23, 2011
Docket Number: 11-1243

Justia Opinion Summary: Plaintiff-Appellant Allen Russell appealed a district court's order that denied his "Motion to Vacate the Judgment Pursuant to Rule 60(b)(4)(6) (FRCP), and Motion for Appointment of Counsel Pursuant to 28 U.S.C. 1915(d),...

United States v. Aispuro-Aristegui  
Date: December 23, 2011
Docket Number: 11-2017

Justia Opinion Summary: Defendant Jorge Eraldo Aispuro-Aristegui pled guilty to conspiracy and possession of heroin with the intent to distribute. His plea reserved his right to appeal the district court's denial of his motion to suppress. Defe...

United States v. Smith  
Date: December 23, 2011
Docket Number: 11-3062

Justia Opinion Summary: Defendant-Appellant Jonearl Smith was charged with possession with intent to distribute of five grams or more of a mixture or substance containing a detectable amount of cocaine base. The grand jury returned a supersedin...

Smith v. Kansas Dept. of Corrections  
Date: December 23, 2011
Docket Number: 11-3124

Justia Opinion Summary: Pro se prisoner Plaintiff-Appellant Jerry Wayne Smith appealed a district court's dismissal of his civil rights action against Kansas Department of Corrections (KDOC) officials. Plaintiff was incarcerated from 1998 to Se...

Mata Rodriguez v. United States  
Date: December 23, 2011
Docket Number: 11-3297

Justia Opinion Summary: Defendant-Appellant Adrian Mata Rodriguez appealed a district court order that dismissed his challenge to the legality of his conviction for possession and distribution of methamphetamine, illegal possession of a firearm...

Hampton v. Jones  
Date: December 23, 2011
Docket Number: 11-6217

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant David Hampton sought a certificate of appealability (COA) to challenge a district court's denial of his application for habeas relief. In 2007, Petitioner was convicted by an Oklahoma...

Brule v. Blue Cross & Blue Shield of New Mexico  
Date: December 22, 2011
Docket Number: 11-2027

Justia Opinion Summary: Plaintiff-Appellant Paul Brule appealed a district court's dismissal of his claims for tortious interference with prospective contractual relations and negligence. Plaitiff acted as a insurance broker for Henry Productio...

United States v. McCalister  
Date: December 22, 2011
Docket Number: 11-5141

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Michael McCalister appealed a district court's denial of his motion to reopen his 28 U.S.C. 2255 petition under Rule 60(b) of the Federal Rules of Civil Procedure. In September 1999, D...

Burnett v. Jones  
Date: December 22, 2011
Docket Number: 11-6093

Justia Opinion Summary: Pro se prisoner Plaintiff Stephen Burnett appealed a district court’s order dismissing his civil-rights complaint and denying his motion to add a defendant. Plaitiff's case arose from a six-week lockdown at the Cimmaron...

Marx v. General Revenue Corp.  
Date: December 21, 2011
Docket Number: 10-1363

Justia Opinion Summary: Plaintiff-Appellant Olivea Marx appealed a district court's judgment in favor of Defendant-Appellee General Revenue Corporation (GRC). Plaintiff defaulted on her student loan. GRC was hired by her lender to collect on th...

Oleynikova v. Bicha, et al  
Date: December 21, 2011
Docket Number: 11-1017

Justia Opinion Summary: Appellant Taissiya Oleyniikova , an employee of the State of Colorado's Department of Human Services (DHS) Office of Information Tenchology Services brought a 42 U.S.C. 1983 action for damages against the DHS' executive...

United States v. Cardenas-Mireles  
Date: December 21, 2011
Docket Number: 11-2138

Justia Opinion Summary: Defendant-Appellant Juan Manuel Cardenas-Mireles pled guilty to the offense of illegal reentry after deportation. At sentencing, he moved for a downward variance notwithstanding an adult criminal record involving 44 conv...

Parrish-Parrado v. Prisoner Review Board, et al
Date: December 21, 2011
Docket Number: 11-3336
Allen v. Southcrest Hospital, et al  
Date: December 21, 2011
Docket Number: 11-5016

Justia Opinion Summary: The issue on appeal to the Tenth Circuit was whether Plaintiff Altheia Allen was disabled when her employer SouthCrest Hospital allegedly failed to accommodate her disability and terminated her employment. Because the Te...

United States v. Freeman  
Date: December 21, 2011
Docket Number: 11-6062

Justia Opinion Summary: Defendant-Appellant William Freeman appealed his conviction on a one-count indictment for bank robbery. On appeal to the Tenth Circuit, he challenged his conviction, contending that (1) the evidence of guilt was insuffic...

Kerns v. Bader  
Date: December 20, 2011
Docket Number: 09-2273

Justia Opinion Summary: On a summer evening in 2005 a sniper shot down a police helicopter over Albuquerque. Police would implicate Plaintiff Jason Kerns, but after charges were filed, investigation would reveal that the bullet that brought dow...

United States v. Hendrix  
Date: December 20, 2011
Docket Number: 10-6240

Justia Opinion Summary: Defendant-Appellant Keith Hendrix entered entered a conditional plea of guilty to one count of Possession with Intent to Distribute in Excess of 50 Grams of Methamphetamine and one count of Possession of a Firearm in Fur...

In re: Bakay  
Date: December 20, 2011
Docket Number: 11-1373

Justia Opinion Summary: Plaintiffs-Appellants George and Georgia Diamond filed an adversary proceeding against Chapter 7 debtor Scott Bakay alleging that Bakay fraudulently induced them to loan him money. The bankruptcy court entered summary ju...

Griffin v. (LNU), et al
Date: December 20, 2011
Docket Number: 11-3181
Hackford, et al v. State of Utah, et al
Date: December 20, 2011
Docket Number: 11-4108
United States v. Sanchez  
Date: December 20, 2011
Docket Number: 11-5123

Justia Opinion Summary: Pro se prisoner Petitioner Cayetano Sanchez sought a certificate of appealability (COA) to challenge a district court's denial of his motion for post-conviction relief. Petitioner pled guilty to four counts involving pos...

United States of America v. Shigemura  
Date: December 20, 2011
Docket Number: 11-6095

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Edward Shigemura appealed the denial of his motion for the return of seized property. In 2009, Defendant was pulled over by the Oklahoma Highway Patrol, who searched the car he was dri...

Trujillo v. Ledezma  
Date: December 20, 2011
Docket Number: 11-6205

Justia Opinion Summary: Pro se prisoner Petitioner Rupert Trujillo appealed a district court's dismissal of his application for habeas relief. Petitioner pled guilty to drug charges in New Mexico and was sentenced to 120 months' imprisonment in...

United States v. Moser  
Date: December 19, 2011
Docket Number: 10-3288

Justia Opinion Summary: Defendant-Appellant James Moser was convicted by a jury on several counts of bankruptcy fraud and sentenced to 121 months' imprisonment. He appealed to the Tenth Circuit, arguing that several counts of the indictment wer...

United States v. Snow  
Date: December 19, 2011
Docket Number: 10-7096

Justia Opinion Summary: Appellant Gerald Wayne Snow, Sr., pled guilty to one count of conspiracy to commit and four counts of wire fraud. The district court sentenced him to concurrent ninety-month sentences on each count. Appellant appealed th...

Compass Environmental, Inc. v. Occ. Safety & Health Review Comm'n  
Date: December 19, 2011
Docket Number: 10-9541

Justia Opinion Summary: Petitioner Compass Environmental, Inc. challenged a final order of the Occupational Safety and Health Review Commission (Commission) which found a serious safety regulation violation and assessed a $5500 penalty against...

United States v. Chacon  
Date: December 19, 2011
Docket Number: 11-2137

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Cesar Chacon sought a certificate of appealability (COA) to challenge a district court's decision to dismiss his Fed. R. Civ. P. 60(b) motion for lack of jurisdiction. The court constr...

United States v. Onofre-Javier  
Date: December 19, 2011
Docket Number: 11-2150

Justia Opinion Summary: Defendant-Appellant Fernando Onofre-Javier appealed the district court's imposition of a twelve month sentence for his violation of supervised release, which was to run consecutively to a fifteen-month sentence he receiv...

Brownfield v. Sanders  
Date: December 19, 2011
Docket Number: 11-3193

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Chris Brownfield sought a certificate of appealability (COA) to challenge a district court's decision to deny his petition for habeas relief. In 1987, Petitioner was convicted of aggr...

United States v. Williams  
Date: December 19, 2011
Docket Number: 11-5000

Justia Opinion Summary: Following a routine traffic stop, police charged Defendant-Appellant Mark Williams with one count of being a felon in possession of a firearm and one count of possessing a firearm after being convicted of a misdemeanor c...

Trinity Mortgage Companies, Inc. v. Dryer  
Date: December 19, 2011
Docket Number: 11-5007

Justia Opinion Summary: Trinity Mortgage Companies, Inc. (Trinity) appealed the district court’s order granting summary judgment in favor of David Dryer and Dryer and Associates, P.C. (Dryer). Trinity, formerly a mortgage brokerage company owne...

Doyle v. Jones  
Date: December 19, 2011
Docket Number: 11-5052

Justia Opinion Summary: Petitioner-Appellant Terry Doyle filed a section 2254 application to challenge his conviction and sentence in Oklahoma state court. The district court denied the application, so he turned to the Tenth Circuit for a certi...

United States v. Halliday  
Date: December 16, 2011
Docket Number: 10-4200

Justia Opinion Summary: Defendant Jordan Halliday challenged his sentence for criminal contempt for refusing to testify before a grand jury. The sentencing guideline provision for "contempt" requires the district court to "apply the most analog...

Garza v. Correct Care Solution
Date: December 16, 2011
Docket Number: 11-3194
United States v. Embry  
Date: December 16, 2011
Docket Number: 11-5027

Justia Opinion Summary: Defendant Demonte Embry was convicted of being a felon in possession of a firearm and ammunition and sentenced to seventy-seven months incarceration. On appeal to the Tenth Circuit, he argued that the magistrate judge ab...

Franklin v. Astrue  
Date: December 16, 2011
Docket Number: 11-6055

Justia Opinion Summary: Plaintiff-Appellant Dana Franklin appealed a district court's order that affirmed the Commissioner's decision to deny her application for Social Security disability benefits. Plaintiff alleged disability based on degener...

Chen v. Holder, Jr.  
Date: December 15, 2011
Docket Number: 10-9590

Justia Opinion Summary: Petitioners Qi Hui Chen and his son, Yiyao Li Chen, natives and citizens of China, sought to overturn Board of Immigration Appeals' (BIA) decisions affirming the Immigration Judge's (IJ) decision to deny their requests f...

United States v. Carrillo-Rodriguez  
Date: December 15, 2011
Docket Number: 11-1067

Justia Opinion Summary: Defendant-Appellant Carrillo-Rodriguez pleaded guilty to the offense of illegal reentry after deportation subsequent to an aggravated felony conviction. At sentencing, he moved for a downward variance from the applicable...

Ford v. Trani  
Date: December 15, 2011
Docket Number: 11-1316

Justia Opinion Summary: Applicant prisoner Roscoe Ford sought a certificate of appealability from the Tenth Circuit to challenge a district court's denial of his motion for post-conviction relief. An information filed in Colorado state court in...

Zaricor-Ritchie v. Astrue  
Date: December 15, 2011
Docket Number: 11-5074

Justia Opinion Summary: Plaintiff-Appellee Denise Zaricor-Ritchie appealed the Commissioner's denial of disability benefits and Supplement Security Income. Plaintiff claimed she was disabled by bipolar disorder and depression. After administrat...

United States v. Estrella  
Date: December 15, 2011
Docket Number: 11-6204

Justia Opinion Summary: Defendant Fernando Estrella pled guilty to one count of possession with the intent to distribute methamphetamine, and one count of being an illegal alien in possession of a firearm, for which he was sentenced to 168 mont...

United States v. Seal  
Date: December 14, 2011
Docket Number: 10-4192

Justia Opinion Summary: Defendant-Appellant Autumn Seals sought reversal of his conviction on the grounds that he was denied a speedy trial. In this appeal, Defendant argued that the district court abused its discretion in granting a continuanc...

United States v. Rodriguez-Preciado
Date: December 14, 2011
Docket Number: 11-1162
In re: Anthony Kenney
Date: December 14, 2011
Docket Number: 11-5095
George v. Astrue  
Date: December 14, 2011
Docket Number: 11-6108

Justia Opinion Summary: After developing pain in his neck and shoulders, Petitioner Gordon George was diagnosed with cancer in 2003 and underwent surgery and radiotherapy. During his recovery, he continued to experience pain spanning from his n...

Boswell v. Astrue  
Date: December 14, 2011
Docket Number: 11-7041

Justia Opinion Summary: Plaintiff-Appellant Raymond Boswell appealed the denial of his applications for Social Security benefits. Plaintiff applied for benefits in March 2007. He alleged that he had been unable to work since December 1, 2006 be...

United States v. Fleming  
Date: December 14, 2011
Docket Number: 11-8012

Justia Opinion Summary: Defendant-Appellant Michael Fleming challenged his conviction and sentence by direct appeal to the Tenth Circuit. A jury convicted Defendant of conspiracy to possess with intent to distribute, and to distribute 500 grams...

Magallon-Almanza v. Holder, Jr.  
Date: December 14, 2011
Docket Number: 11-9514

Justia Opinion Summary: Petitioner Jose Luis Magallon-Almanza, a native of Mexico, sought review of a Board of Immigration Appeals (BIA) decision affirming an immigration judge’s (IJ’s) order of removal. In the proceedings before the IJ, Petiti...

Hernandez v. Holder, Jr.  
Date: December 14, 2011
Docket Number: 11-9526

Justia Opinion Summary: Petitioner Jean Paul Hernandez, a native and citizen of Mexico, challenged a Board of Immigration Appeals' (BIA) decision affirming an immigration judge's denial of adjustment of status and a waiver of inadmissibility. P...

Kansas Penn Gaming, LLC v. HV Properties of Kansas, LLC  
Date: December 13, 2011
Docket Number: 10-3209

Justia Opinion Summary: Plaintiff Kansas Penn Gaming, LLC (KPG), a limited liability corporation formed by Penn National Gaming, Inc. (Penn National), entered into a real estate sale contract with HV Properties of Kansas, LLC (HV), pursuant to...

United States v. Vaughan  
Date: December 13, 2011
Docket Number: 10-3238

Justia Opinion Summary: Defendant-Appellant Albert Vaughan was convicted of one count of bank robbery and one count of use of a firearm during a crime of violence. His convictions arose from the robbery of the First Bank of Kansas in Salina, Ka...

United States v. Denny  
Date: December 13, 2011
Docket Number: 11-1187

Justia Opinion Summary: After being indicted for assault causing bodily injury to an employee of a federal high-security penitentiary engaged in the performance of his official duties, Defendant-Appellant Mark Denny pled guilty and was sentence...

United States v. Rochin  
Date: December 13, 2011
Docket Number: 11-2024

Justia Opinion Summary: Defendant Ivan Rochin argued that his constitutional rights were violated following a traffic stop in which the arresting officer frisked him and confiscated several items from his pockets. In his appeal, Defendant asked...

Sims v. Chester  
Date: December 13, 2011
Docket Number: 11-3212

Justia Opinion Summary: Pro se prisoner Petitioner Zeno Sims appealed a district court's dismissal of his petition for habeas relief. Petitioner was serving a 235-month sentence at the federal penitentiary in Leavenworth for distributing cocain...

Yancey v. Crow, et al  
Date: December 13, 2011
Docket Number: 11-3232

Justia Opinion Summary: Pro se Plaintiff John Yancey appealed a district court's sua sponte dismissal of his complaint for failing to state a claim upon which relief could be granted. While Plaintiff was incarcerated in a detention center opera...

Ngatuvai v. Breckenridge, et al
Date: December 13, 2011
Docket Number: 11-4025
Cook v. Central Utah Correctional Fac.  
Date: December 13, 2011
Docket Number: 11-4090

Justia Opinion Summary: After Plaintiff-Appellant David Cook brought his pro se "1983" action against prison officials, the district court found his complaint legally deficient and ordered him to amend it. Instead of amending the complaint, Pla...

United States v. Williams  
Date: December 13, 2011
Docket Number: 11-5055

Justia Opinion Summary: Defendant-Appellant Brian Williams appealed his 97-month sentence imposed following his guilty plea for possessing 50 grams or more of methamphetamine with intent to distribute. His counsel filed an "Anders" brief for le...

Burling v. Addison  
Date: December 13, 2011
Docket Number: 11-6164

Justia Opinion Summary: Petitioner-Applicant Robert Burling sought a certificate of appealability (COA) to challenge the denial of his motion for post conviction relief by the district court. Petitioner was convicted by a jury on 12 counts of s...

Rivera v. Mullin, et al  
Date: December 13, 2011
Docket Number: 11-6180

Justia Opinion Summary: Pro se prisoner Petitioner Ramon Rivera sought a certificate of appealability (COA) to challenge a district court's dismissal of his petition for habeas relief as untimely. In 2009, pursuant to a plea agreement Rivera pl...

United States v. Talk  
Date: December 12, 2011
Docket Number: 10-2123

Justia Opinion Summary: Defendants-Appellants Patrick Talk and Kenneth Martinez, both enrolled members of the Navajo Tribe, challenged the procedural reasonableness of their sixty-month sentences of imprisonment. The district court imposed the...

United States v. Reeves  
Date: December 12, 2011
Docket Number: 11-1200

Justia Opinion Summary: Defendant-Appellant Timothy Reeves challenged the district court's revocation of his supervised release and modification of the terms of his pending supervised release based on vindictive prosecution and failure to rule...

United States v. Deberry  
Date: December 12, 2011
Docket Number: 11-1355

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Frederick Deberry sought a certificate of appealability (COA) to challenge the district court's denial of his motion for post-conviction relief following his conviction for assaulting...

Kersh v. Mueller
Date: December 12, 2011
Docket Number: 11-1394
Saterlee v. Astrue  
Date: December 12, 2011
Docket Number: 11-5054

Justia Opinion Summary: Plaintiff Donna Saterlee appealed a district court order that affirmed the Commissioner of Social Security's decision to deny social security disability and supplemental security income benefits. The Administrative Law J...

United States v. Rice  
Date: December 12, 2011
Docket Number: 11-6141

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Mark Rice sought a certificate of appealability (COA) to challenge what he claimed was ineffective assistance of counsel and government misconduct when the district court denied his po...

Flores v. Wilson  
Date: December 12, 2011
Docket Number: 11-8056

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Jose Flores sought a certificate of appealability (COA) to challenge the district court's dismissal of his petition for habeas relief as untimely. Petitioner was convicted of first-de...

Garcia-Tinoco v. Holder, Jr.  
Date: December 12, 2011
Docket Number: 11-9518

Justia Opinion Summary: Petitioner Omar Garcia-Tinoco, a native and citizen of Mexico, challenged the Bureau of Immigration Appeals' (BIA's) decision dismissing his appeal of a removal order. Petitioner entered the U.S. without inspection in 19...

Mike v. Professional Clinical Lab.  
Date: December 9, 2011
Docket Number: 11-5030

Justia Opinion Summary: Plaintiff-Appellant Kelli Mike was an employee of Leisure Village Health Care Center. Leisure Village obtained a urine sample from Plaintiff and submitted it to Defendant-Appellee Professional Clinical Laboratory, Inc. (...

United States v. Harris  
Date: December 8, 2011
Docket Number: 11-5072

Justia Opinion Summary: Pro se prisoner Petitioner Efrem Harris sought to appeal a district court's dismissal of his post-judgment motions for lack of jurisdiction, and its denial of his Fed. R. Civ. P. 59(e) motion to alter or amend that dismi...

Mt. Vernon Fire Ins. Co v. Okmulgee Inn Venture, LLC  
Date: December 8, 2011
Docket Number: 11-7036

Justia Opinion Summary: Okmulgee Inn Venture, LLC (Okmulgee) leased space to a nightclub-bar and was a named insured on a liquor liability insurance policy. Okmulgee’s insurer, Mount Vernon Fire Insurance Company (Mt. Vernon), assumed a duty to...

Rose v. Mullin  
Date: December 7, 2011
Docket Number: 11-7038

Justia Opinion Summary: Pro se prisoner Petitioner Victor Rose sought a certificate of appealability (COA) to challenge a district court's denial of his petition for habeas relief. Petitioner argued his guilty plea was invalid, and his counsel...

Zbegner v. Allied Property & Casualty Insuance Co.  
Date: December 6, 2011
Docket Number: 10-1421

Justia Opinion Summary: Plaintiff Joseph Zbegner appealed a district court order dismissing without prejudice his claims against Allied Property and Casualty Insurance Co. (Allied) as not ripe for adjudication. Plaintiff was in an automobile ac...

United States v. Jones  
Date: December 6, 2011
Docket Number: 10-2270

Justia Opinion Summary: Defendant-Appellant Brian Jones appealed a district court's revocation of his probation and the imposition of a thirty-three month term of imprisonment. Defendant's counsel filed an "Anders" brief, asserting he could fin...

De La Fuente v. Wand
Date: December 6, 2011
Docket Number: 11-1415
United States v. Montano  
Date: December 6, 2011
Docket Number: 11-2119

Justia Opinion Summary: Pro se prisoner Petitioner Ramon Montano appealed a district court's dismissal of his petition for writ of audita querela under the All Writs Act. The district court dismissed Petitioner's motion for Rule 52(b) relief an...

United States v. Armendariz  
Date: December 6, 2011
Docket Number: 11-2124

Justia Opinion Summary: Pro se Defendant-Appellant Carlos Armendariz sought a certificate of appealability (COA) to challenge a district court's denial of his habeas petition. After a two-day trial, a jury convicted Defendant of possessing more...

Adkins v. Armstrong, et al
Date: December 6, 2011
Docket Number: 11-3225
United States v. Ybarra  
Date: December 6, 2011
Docket Number: 11-5036

Justia Opinion Summary: Defendant-Appellant Joe Lee Ybarra was convicted by a jury of possession of a firearm and ammunition after a former conviction of a felony, possession of fifty grams or more of methamphetamine with intent to distribute,...

Neiberger v. Rudek  
Date: December 6, 2011
Docket Number: 11-5101

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Tracy Neiberger sought a certificate of appealability (COA) to challenge the district court's denial of his petition for habeas relief. Petitioner pled guilty to four counts of armed...

Tyler v. Kastner  
Date: December 6, 2011
Docket Number: 11-6170

Justia Opinion Summary: Pro se prisoner Petitioner Terry Tyler appealed an order that dismissed his habeas petition for lack of jurisdiction. Petitioner filed his petition asserting that the Bureau of Prisons erroneously denied his request for...

Ruelas-Rios v. Holder, Jr.  
Date: December 6, 2011
Docket Number: 11-9523

Justia Opinion Summary: Petitioner Joel Ruelas-Rios sought judicial review of the Department of Homeland Security's (DHS) order that reinstated his prior removal order. Petitioner is a native and citizen of Mexico. He applied for admission to t...

Pennington v. Uinta County, Wyoming, et al
Date: December 5, 2011
Docket Number: 10-8108
Kartiganer v. Newman  
Date: December 5, 2011
Docket Number: 11-1345

Justia Opinion Summary: Pro se Plaintiff-Appellant Adam Kartiganer appealed two district court orders that ultimately dismissed his 42 U.S.C. 1983 claims against several law enforcement members. In 2006, Plaintiff was arrested during a traffic...

Short v. Davis  
Date: December 5, 2011
Docket Number: 11-1395

Justia Opinion Summary: Pro se Petitioner-Appellant Troy Short sought a certificate of appealability (COA) to challenge a district court's denial of his motion for post-conviction relief. A Colorado state jury convicted Petitioner on one count...

Childress, et al v. Midvale City, et al  
Date: December 5, 2011
Docket Number: 11-4038

Justia Opinion Summary: Plaintiffs Osler and Georgia Childress appealed a district court's order that dismissed their 42 U.S.C 1983 medical-indifference case against Defendant Robert Harms. In 2006, Mr. Childress was staying at a hotel in Midva...

United States v. Cruz-Arellane  
Date: December 5, 2011
Docket Number: 11-4126

Justia Opinion Summary: After Defendant Gilberto Cruz-Arellanes was sentenced for illegally reentering the country, the Sentencing Commission issued an amendment (Amendment 740) to the illegal reentry guideline. The amendment discusses when and...

United States v. Arriola-Perez  
Date: December 5, 2011
Docket Number: 11-8043

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Xavier Arriola-Perez sought a certificate of appealability (COA) to challenge a district court's denial of his habeas petition. Defendant was convicted on two counts related to the pos...

United States v. Lopez-Avila  
Date: December 2, 2011
Docket Number: 10-1200

Justia Opinion Summary: Defendant-appellant Dennis Enriquez Lopez-Avila was charged with unlawful re-entry after deportation following an aggravated felony conviction. Defendant entered a guilty plea after reaching an agreement with the prosecu...

Stine v. Davis  
Date: December 2, 2011
Docket Number: 10-1217

Justia Opinion Summary: Petitioner-Appellant Mikeal Stine sought to challenge a district court's calculation of his sentence. He argued that the sentencing court mistakenly designated him a career offender based on two prior escape convictions....

United States v. Randall  
Date: December 2, 2011
Docket Number: 11-3257

Justia Opinion Summary: A federal jury convicted Defendant Chester Randall, Jr. of conspiracy to participate in a racketeer influenced and corrupt organization The district court sentenced Defendant in May 2010. Defendant’s prior convictions yi...

Elkins v. Astrue  
Date: December 2, 2011
Docket Number: 11-7037

Justia Opinion Summary: Plaintiff-Appellant Amby Elkins was denied social security benefits, and appealed the Commissioner's rejection of her claims. She said she suffered from degenerative disc disease, rheumatoid arthritis, tendinitis, and de...

Ochoa v. Workman  
Date: December 1, 2011
Docket Number: 02-6032

Justia Opinion Summary: An Oklahoma state jury found Defendant George Ochoa guilty of two counts of first degree murder and sentenced him to death. On direct appeal, the Oklahoma Court of Criminal Appeals affirmed. After exhausting his state po...

United States v. Worack  
Date: December 1, 2011
Docket Number: 10-1487

Justia Opinion Summary: Appellant Philip Allen Worack, challenged the sufficiency of the evidence that resulted in his conviction of two counts of filing fraudulent and false federal income tax returns. For tax years 1998-2002, Appellant report...

Ward v. Siebel Living Trust  
Date: December 1, 2011
Docket Number: 10-1498

Justia Opinion Summary: Defendant-Appellant, The Siebel Living Trust Dated 7/27/93 (Trust), appealed a district court’s order denying the Trust’s motion to recover its attorney fees and costs pursuant to a real estate sales contract with Plaint...

Luster v. Vilsack  
Date: December 1, 2011
Docket Number: 11-1013

Justia Opinion Summary: Plaintiff-Appellant Anita Luster, an employee of the United States Forest Service, appealed a district court's entry of summary judgment in favor of the Secretary of the Department of Agriculture on her claims of sex dis...

United States v. Casas-Tapia  
Date: December 1, 2011
Docket Number: 11-1198

Justia Opinion Summary: Defendant-Appellant Mario Casas-Tapia is a citizen of Mexico who lawfully immigrated to the United States with his parents when he was six months old. He was admitted to the United States as a lawful permanent resident,...

Carrera v. Tyson Foods, Inc.  
Date: December 1, 2011
Docket Number: 11-3069

Justia Opinion Summary: Plaintiff-Appellant Mayra Carrera was a trimmer in a Tyson meat processing plant in Kansas. One day, four of her co-workers made sexual gestures toward her by "moving and shaking their hips." When Plaintiff complained, a...

Smith v. Morton International, Inc.  
Date: December 1, 2011
Docket Number: 11-3081

Justia Opinion Summary: Plaintiff Timothy J. Smith appealed a district court order that granted summary judgment for his employer, Defendant Morton International, Inc., (Morton), on his claim of discrimination under the Americans with Disabilit...

Gibbs v. Astrue  
Date: December 1, 2011
Docket Number: 11-6076

Justia Opinion Summary: Pro se Plaintiff-Appellant Terry Gibbs appealed a district court's order that reversed the administrative decision of the Commissioner of the Social Security Administration and remanded the case to the agency under sente...

Pacaja Vicente v. Holder, Jr.  
Date: December 1, 2011
Docket Number: 11-9521

Justia Opinion Summary: Petitioner Abidan Gedioni Pacaja Vicente, a Guatemalan citizen, sought judicial review of the Board of Immigration Appeals (BIA) order that affirmed the Immigration Judge's (IJ) removal order against him. Both denied his...

Antelope v. United States, et al  
Date: November 30, 2011
Docket Number: 11-1217

Justia Opinion Summary: Federal prisoner Plaintiff David Earl Antelope appealed the dismissal of his claims against the United States as well as the warden and three employees of the federal prison in Florence, Colorado, alleging failure to pro...

Moehring v. Milyard  
Date: November 30, 2011
Docket Number: 11-1388

Justia Opinion Summary: Pro se prisoner Petitioner Michael Moehring sought a certificate of appealability (COA) to challenge a district court's dismissal of his claims for post conviction relief. The district court dismissed two of Petitioner's...

Garza v. Kansas  
Date: November 30, 2011
Docket Number: 11-3283

Justia Opinion Summary: Kansas state prisoner Petitioner Joe Gara sought a certificate of appealability (COA) to challenge a district court's denial of his petition for habeas relief on the alternative grounds of exhaustion and timeliness. Peti...

Stuart v. State of Utah  
Date: November 30, 2011
Docket Number: 11-4130

Justia Opinion Summary: Pro se prisoner Petitioner Darrell Stuart sought a certificate of appealability (COA) to challenge a district court's denial of his application for habeas relief. Petitioner pled guilty in 2007 to two counts of sexual ab...

United States v. Romero  
Date: November 29, 2011
Docket Number: 10-1542

Justia Opinion Summary: Defendant Ronald Romero appealed his sentence imposed for assaulting a federal officer. Defendant was serving an unrelated prison sentence on a prior conviction when he attacked Shawn Boyd, a Bureau of Indian Affairs cor...

Almond v. Unified Sch. Dist. #501  
Date: November 29, 2011
Docket Number: 10-3315

Justia Opinion Summary: Two former employees of the Kansas Unified School District #501 filed administrative charges against the District following claims of wage discrimination. Dwight Almond, III and Kevin Weems were both offered and accepted...

United States v. Adams  
Date: November 29, 2011
Docket Number: 10-6255

Justia Opinion Summary: Defendant Carri O. Adams was tried and convicted, with co-defendant Wallace Laverne Lawrence III, on seven counts of wire fraud/aiding and abetting for her role in a scheme using internet ads to defraud persons seeking h...

United States v. Lawrence  
Date: November 29, 2011
Docket Number: 10-6257

Justia Opinion Summary: Following trial, a jury convicted Defendant Wallace Laverne Lawrence III on: (1) seven counts of wire fraud/aiding and abetting involving the use of internet ads in a scheme to defraud persons seeking help in paying bill...

Bork v. Carroll  
Date: November 29, 2011
Docket Number: 10-6262

Justia Opinion Summary: Plaintiff-Appellant Douglas Bork, a member of the United States Army Reserve, sought to challenge personnel decisions made by his sergeant, superior officers and the Secretary of Defense. Plaintiff sought to sue those in...

United States v. Irving  
Date: November 29, 2011
Docket Number: 10-7012

Justia Opinion Summary: Following a jury trial, Defendant-Appellant Ronald Irving was convicted on one count of witness tampering and for his part in a murder-for-hire scheme directed at killing a local law enforcement officer prior to that off...

United States v. Abramson-Schmeiler  
Date: November 29, 2011
Docket Number: 11-1125

Justia Opinion Summary: A jury convicted Linda Abramson-Schmeiler of five counts of filing a false tax return. The charges were based on her alleged failure to report all of the income she received from her business of "diversionary sales" (pur...

Burns v. Buford  
Date: November 29, 2011
Docket Number: 11-1260

Justia Opinion Summary: Pro se prisoner Plaintiff-Appellant Douglas Burns appealed two district court orders that denied him relief for his civil rights suit brought against prison officials. Due to a clerical error in the district court, Plain...

Bradley, Jr. v. Suthers  
Date: November 29, 2011
Docket Number: 11-1271

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Tommie Charles Bradley sought to appeal a district court's dismissal of his habeas petition. He raised several issues on appeal, including: (1) the trial judge erred by denying his ch...

Larson v. Agos  
Date: November 29, 2011
Docket Number: 11-1333

Justia Opinion Summary: Plaintiff-Appellant Daniel Larson appealed the dismissal of his 42 U.S.C. 1983 action for failing to state a claim. Appellant is a Colorado Sherriff's Deputy. Tina Henson is his aunt. Ms. Henson had previously resided wi...

Cheeks v. Smelser  
Date: November 29, 2011
Docket Number: 11-1370

Justia Opinion Summary: Pro se prisoner Petitioner Calvin Cheeks sought a certificate of appealability to challenge a district court's order that denied him habeas relief. A Colorado jury convicted Petitioner of armed robbery and other crimes b...

Gallegos v. Economidy  
Date: November 29, 2011
Docket Number: 11-2112

Justia Opinion Summary: Pro se prisoner Plaintiff-Appellant Aggie Joe Gallegos appealed the dismissal of his civil rights action brought against various Albuquerque police officers and other officials in connection with his 2007 arrest. Plainti...

Triplett v. United States Dept. of Defense  
Date: November 29, 2011
Docket Number: 11-3169

Justia Opinion Summary: Plaintiff Roy Triplett appealed pro se a district court's dismissal of his action for failing to state a claim upon which relief could be granted. In early 2011, Plaintiff filed a 189-page complaint that the district cou...

United States v. Saucedo-Murillo  
Date: November 29, 2011
Docket Number: 11-4123

Justia Opinion Summary: Pro se prisoner Defendant Austin Saucedo-Murillo sought a certificate of appealability (COA) to challenge a district court's dismissal of his petition for the writ of habeas corpus as time barred. Pursuant to a plea agre...

United States v. Pena-Valencia  
Date: November 29, 2011
Docket Number: 11-4136

Justia Opinion Summary: Defendant Oscar Aureliano Pena-Valencia sought a certificate of appealability (COA) to challenge a district court's dismissal of his motion for post-conviction relief. Defendant entered into an agreement with the governm...

Lynch v. Standifird  
Date: November 29, 2011
Docket Number: 11-6142

Justia Opinion Summary: Pro se prisoner Petitioner Nelson Lynch sought a certificate of appealability to challenge a district court's dismissal of his application of habeas relief. Defendant was sentenced to forty years of imprisonment for poss...

Staats v. Cobb  
Date: November 29, 2011
Docket Number: 11-6172

Justia Opinion Summary: Pro se former-prisoner Petitioner-Appellant Shawn Staats appealed a district court's sua sponte dismissal of his 42 U.S.C. 1983 complaint against various employees of the James Crabtree Correctional Center (JCCC). Petiti...

Sutton v. Department of Correction  
Date: November 29, 2011
Docket Number: 11-7046

Justia Opinion Summary: Defendant Davey Joe Sutton sought a certificate of appealability (COA) to challenge a district court's denial of his petition for habeas relief. Defendant was a former Oklahoma state prisoner. In 2004, he was convicted b...

United States v. Legarda  
Date: November 29, 2011
Docket Number: 11-8073

Justia Opinion Summary: Pro se prisoner Defendant-Appellant Jesus Legarda sought a certificate of appealability (COA) to appeal the district court's denial of his motion to vacate, set aside or correct his sentence. In March 2006, Defendant ple...

United States v. Battle  
Date: November 25, 2011
Docket Number: 11-3065

Justia Opinion Summary: Pro se prisoner Petitioner Robert Battle sought a certificate of appealability (COA) to appeal the district court's dismissal of his unauthorized second or successive motion for post-conviction relief, dismissed for lack...

United States v. Allen  
Date: November 25, 2011
Docket Number: 11-5099

Justia Opinion Summary: Pro se prisoner Petitioner Meldon Allen sought a certificate of appealability (COA) to appeal the district court's dismissal of his unauthorized second or successive motion for post-conviction relief, dismissed for lack...

United States v. Bass  
Date: November 23, 2011
Docket Number: 10-1461

Justia Opinion Summary: A jury convicted Defendant Christopher Bass on being a felon in possession of a firearm. He was sentenced to 94 months in prison and three years of supervised release. On appeal to the Tenth Circuit, he contended: (1) th...

Martinez v. Zavaras  
Date: November 23, 2011
Docket Number: 11-1208

Justia Opinion Summary: Pro se prisoner Defendant Raymond Martinez sought a certificate of appealability (COA) to challenge a district court's dismissal of his petition for habeas relief. Defendant was wanted on a warrant for escape. During a c...

Cardenas v. Hartley  
Date: November 23, 2011
Docket Number: 11-1301

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Alexander Cardenas sought a certificate of appealability (COA) to challenge a district court's judgement that denied his habeas application. In his application, he challenged the admi...

Scott v. Warden of Buena Vista Corr. Facility  
Date: November 23, 2011
Docket Number: 11-1447

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

Cordova v. Janecka  
Date: November 23, 2011
Docket Number: 11-2171

Justia Opinion Summary: Petitioner David Cordova sought a certificate of appealability (COA) to challenge a district court's dismissal of his petition for habeas relief. A state jury convicted Petitioner of residential burglary and larceny over...

United States v. Galindo  
Date: November 23, 2011
Docket Number: 11-3265

Justia Opinion Summary: Defendant Martin Galindo sought a certificate of appealability (COA) to challenge a district court's dismissal of his motion for post conviction relief. The motion was denied and the Tenth Circuit affirmed on appeal. Def...

United States v. Nedelcu (Olimpiu)
Date: November 23, 2011
Docket Number: 11-4154
Kanno v. Three Unknown US Marshal
Date: November 23, 2011
Docket Number: 11-6187
Ballard v. Franklin  
Date: November 23, 2011
Docket Number: 11-6191

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Kenneth Ballard sought a certificate of appealability (COA) to challenge a district court's judgement that denied his habeas application. In 1984, Petitioner pled guilty to multiple c...

United States v. Terrones-Lopez  
Date: November 23, 2011
Docket Number: 11-6200

Justia Opinion Summary: Pro se prisoner Petitioner Reyes Terrones-Lopez sought a certificate of appealability to challenge a district court's dismissal of his petition for post-conviction relief. Petitioner was indicted by a federal grand jury...

Williams v. Workman  
Date: November 23, 2011
Docket Number: 11-7065

Justia Opinion Summary: Pro se prisoner Petitioner Brandon Williams sought a certificate of appealability (COA) to challenge a district court's dismissal of his petition for post-conviction relief. In 2000, Petitioner pled guilty to one count o...

Dunlap v. Zavara  
Date: November 22, 2011
Docket Number: 10-1422

Justia Opinion Summary: In 1995, Petitioner-Appellant Nathan Dunlap was convicted of two counts of second-degree kidnapping, aggravated robbery, and theft relating to a 1993 armed robbery at a Burger King restaurant. For this, he was sentenced...

Lopez-Fisher v. Abbott Laboratories  
Date: November 22, 2011
Docket Number: 10-4185

Justia Opinion Summary: Plaintiff-Appellant Cherie Lopez-Fisher claimed Defendant-Appellee Abbott Laboratories fired her because of her gender, race, color and national origin. After receiving extensive briefing and hearing oral argument in thi...

Air Century SA v. Atlantique Air, et al  
Date: November 22, 2011
Docket Number: 10-6253

Justia Opinion Summary: Plaintiff-Appellant Air Century, SA relied on diversity jurisdiction when it sued Defendant-Appellee Atlantque Air Assitance and Insured Aircraft Title Services, Inc. (IATS) for breach of contract in district court. Unfo...

Heijnen v. United States  
Date: November 22, 2011
Docket Number: 11-2122

Justia Opinion Summary: Petitioner Antonius Heijnen filed a petition under 28 U.S.C. 1651 for either a writ of coram nobis or a writ of audita querela, seeking reversal and expungement of his federal-court convictions on several charges. In 200...

Winters v. Jordan  
Date: November 22, 2011
Docket Number: 11-3046

Justia Opinion Summary: Plaintiff Katherine Winters filed this lawsuit pursuant to 42 U.S.C. 1983 alleging violations of an asserted right to the care and custody of her biological grandchildren. She named the State of Kansas, the state Departm...

United States v. Washington  
Date: November 22, 2011
Docket Number: 11-4079

Justia Opinion Summary: Pro se prisoner Defendant Darrell Washington sought to appeal the district court's dismissal of his motion for post-conviction relief. The court found Defendant's motion was essentially an unauthorized second or successi...

United States v. Eskridge
Date: November 22, 2011
Docket Number: 11-5069
United States v. Harrison  
Date: November 22, 2011
Docket Number: 11-6214

Justia Opinion Summary: The issue before the Tenth Circuit in this case was the government's motion to enforce an appeal waiver contained in Defendant Shawndell Harrison's plea agreement. The defendant pled guilty to one count of being a felon...

Farris v. Jones  
Date: November 22, 2011
Docket Number: 11-6260

Justia Opinion Summary: Pro se prisoner Petitioner Tyrone Farris sought a certificate of appealability (COA) to challenge the district court's dismissal of his unauthorized second or successive motion for post-conviction relief. The district co...

Lazarov v. Kimmel  
Date: November 21, 2011
Docket Number: 11-1097

Justia Opinion Summary: Pro se Plaintiff Malina Lazarov felt that she was illegally harassed by her neighbors. She made a number of calls to the Littleton Colorado Police Department. Plaintiff complained that the children who lived around her...

United States v. Springer  
Date: November 21, 2011
Docket Number: 11-5018

Justia Opinion Summary: After the district court reduced Defendant Lindsey Springer's tax assessment to judgment and ordered foreclosure on certain real property, persons who held a mortgage on the property and who had participated in the litig...

United States v. Hernandez-Valdez  
Date: November 18, 2011
Docket Number: 11-2116

Justia Opinion Summary: Defendant Miguel Hernandez-Valdez appealed his sentence of thirty-three months' imprisonment for having been convicted of being an alien in possession of a firearm. On appeal to the Tenth Circuit, Defendant argued that t...

Barnett v. Correction Corp. of America, et al  
Date: November 18, 2011
Docket Number: 11-7052

Justia Opinion Summary: Pro se prisoner Plaintiff-Appellant Calvin Barnett filed a complaint under 42 U.S.C. 1983 charging certain corporate owners and employees of the Davis Correctional Facility (DCF), a private prison in Holdenville, Oklahom...

United States v. Koufo  
Date: November 17, 2011
Docket Number: 10-2195

Justia Opinion Summary: Following a determination that Defendant George Koufos had a prior conviction for a crime of violence, a district court sentenced him to a total term of 76 months’ imprisonment for two firearms offenses and two bank frau...

United States v. West  
Date: November 17, 2011
Docket Number: 11-4064

Justia Opinion Summary: Pro se prisoner Petitioner Darren Brad West sought a certificate of appealability (COA) to appeal a district court's dismissal for lack of jurisdiction of his motion to vacate, set aside, or correct his sentence. In 2006...

United States v. Hunter  
Date: November 16, 2011
Docket Number: 10-3266

Justia Opinion Summary: Defendant-Appellant Damon Hunter appealed the denial of his motion to suppress evidence gathered from a vehicle in which he was traveling. In 2009, a Kansas Highway Patrol trooper pulled Defendant over pursuant to a "TOP...

Klen v. City of Loveland  
Date: November 15, 2011
Docket Number: 10-1311

Justia Opinion Summary: Plaintiffs Edward Klen, Diverse Construction, Stephen Klen and Holstein Self-Service Storage, LLC brought a civil rights lawsuit against the City of Loveland Colorado and various City employees alleging "a plethora" of c...

Eugene S. v. Horizon Blue Cross Blue Shield  
Date: November 15, 2011
Docket Number: 10-4225

Justia Opinion Summary: Plaintiff-Appellant Eugene S. appealed a district court's denial of his motion to strike and its entry of summary judgment in favor of Defendant-Appellee Horizon Blue Cross Blue Shield of New Jersey (Horizon BCBSNJ). Pla...

TW Telecom Holdings Inc. v. Carolina Internet Ltd.  
Date: November 15, 2011
Docket Number: 11-1068

Justia Opinion Summary: Carolina Internet Ltd. appealed the entry of default judgment against it in favor of TW Telecom Holdings Inc. for more than three million dollars. During the pendency of this appeal, Carolina Internet filed a voluntary C...

Lenox MacLaren Surgical Corp. v. Medtronic, Inc.  
Date: November 15, 2011
Docket Number: 11-1251

Justia Opinion Summary: In this interlocutory appeal, Defendants Medtronic, Inc. (and several of its subsidiaries) appealed a district court's denial of their motion to compel Plaintiff Lenox MacLaren Surgical Corporation (LM) to arbitrate its...

Franklin v. Daniel
Date: November 15, 2011
Docket Number: 11-1338
Lonski v. United States  
Date: November 15, 2011
Docket Number: 11-2162

Justia Opinion Summary: Pro se prisoner Petitioner Jakub Lonski appealed a district court's dismissal of his "motion for adjustment of sentence pursuant to a habeas petition." Petitioner claimed Canadian citizenship and was being held in New Me...

Russell v. Kansas  
Date: November 15, 2011
Docket Number: 11-3156

Justia Opinion Summary: Appellant Julian Russell petitioned the Tenth Circuit for a certificate of appealablity (COA) to challenge a district court's denial of his application for the writ of habeas corpus. Appellant filed an application for ha...

Russell v. Kansas  
Date: November 15, 2011
Docket Number: 11-3217

Justia Opinion Summary: Pro se prisoner Petitioner Julian Russell petitioned the Tenth Circuit for a certificate of appealablity (COA) to challenge a district court's denial of his application for the writ of habeas corpus. In 2009, Russell was...

Winchester v. Jones  
Date: November 15, 2011
Docket Number: 11-6175

Justia Opinion Summary: Petitioner Kevin Winchester sought a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his petition for the writ of habeas corpus. After a jury trial, Petitioner was conv...

Ensey v. Ozzie's Pipeline Padder, Inc.  
Date: November 14, 2011
Docket Number: 10-2128

Justia Opinion Summary: Plaintiff John Ensey was employed by both Defendant Ozzie’s Pipeline Padder, Inc. (Ozzie’s) and Rockford Corporation when he was severely injured. He sued Ozzie’s but was denied relief on the ground that Ozzie’s was pro...

United States v. Santos-Santos  
Date: November 10, 2011
Docket Number: 10-1380

Justia Opinion Summary: Defendant-Appellant Uriel Santos-Santos appealed his sentence for illegal reentry after deportation subsequent to an aggravated felony conviction. He contended that the district court erred in applying a 16-level offense...

United States v. Leutwiler  
Date: November 10, 2011
Docket Number: 10-1537

Justia Opinion Summary: Defendant-Appellant Byckley Charles Leutwiler was convicted by a jury of two counts of Possession of a Machine Gun, and one count of Possession of a Firearm with an Obliterated Serial Number. Defendant was sentenced to t...

Lujan v. Bernalillo County  
Date: November 10, 2011
Docket Number: 10-2266

Justia Opinion Summary: This case concerned the appeal of two district court orders. The first order granted summary judgment in favor of Defendants County of Bernalillo and several county officials against Plaintiffs Doris Lujan and her minor...

United States v. Wilson  
Date: November 10, 2011
Docket Number: 10-7042

Justia Opinion Summary: This appeal arose from a suit filed by the United States that asked the district court to reduce certain of Defendant-Appellant Jack Wilson’s tax liabilities to judgment, to set aside a fraudulent transfer of real proper...

Reedy v. Werholtz  
Date: November 10, 2011
Docket Number: 11-3040

Justia Opinion Summary: Plaintiffs, a group of inmates in the custody of the Kansas Department of Corrections (KDOC), sued Defendant Roger Werholtz, Secretary of KDOC (the Secretary), under 42 U.S.C. 1983 and state law. They challenged two poli...

Richardson v. Astrue
Date: November 10, 2011
Docket Number: 11-4096
Richardson v. Astrue  
Date: November 10, 2011
Docket Number: 11-4096

Justia Opinion Summary: Plaintiff-Appellant Thomas Richardson appealed a district court's order that affirmed the Commissioner of Social Security's denial of his application for Childhood Disability Benefits. Plaintiff filed two applications: o...

Union Pacific Railroad Company v. U.S. Army Corps of Engineers  
Date: November 10, 2011
Docket Number: 11-7016

Justia Opinion Summary: In a prior appeal in this case, the Tenth Circuit reversed the district court’s judgment in favor of Union Pacific Railroad Company. The Court remanded to the district court with instructions to dismiss Union Pacific’s b...

Hudson v. Mason  
Date: November 9, 2011
Docket Number: 11-1135

Justia Opinion Summary: Defendant Dwayne Hudson petitioned the Tenth Circuit to challenge a district court's dismissal of his 42 U.S.C. 1983 complaint. In the complaint, Defendant alleged his civil rights were violated stemming from the revocat...

United States v. Salazar  
Date: November 9, 2011
Docket Number: 11-3014

Justia Opinion Summary: Defendant Shaun Salazar pled guilty to being a felon in possession of a firearm. The district court sentenced him to 115 months imprisonment. He appealed his sentence, claiming the district court erred in calculating his...

Tuckel v. Grover  
Date: November 8, 2011
Docket Number: 10-1353

Justia Opinion Summary: Prisoner-Petitioner Mark Tuckel filed a "1983" lawsuit against two prison officials. In his suit, Petitioner averred that he was beaten in retaliation for submitting a complaint through the prison grievance system. The d...

Ark Initiative v. United States Forest Service  
Date: November 8, 2011
Docket Number: 10-1473

Justia Opinion Summary: Plaintiffs-Appellants Ark Initiative, Alex Forsythe, and Paul Smith appealed a district court's judgment in favor of the Defendants-Appellees, the U.S. Forest Service and its Chief. The district court upheld the Defendan...

Brown v. Montoya  
Date: November 8, 2011
Docket Number: 10-2269

Justia Opinion Summary: Defendants Daniel Montoya and Joe Williams appealed the district court's denial of their motion to dismiss Plaintiff Ray Brown's "1983" lawsuit against them. Plaintiff pled guilty to two counts of false imprisonment in N...

McKeighan v. Corrections Corporation, et al  
Date: November 8, 2011
Docket Number: 10-3286

Justia Opinion Summary: Pro se prisoner Appellant James McKeighan appealed the district court's grant of summary judgment in favor of Appellees seven Corrections Corporation of America (CCA) employees and former Deputy U.S. Marshal Mike Shute....

United States v. Armendariz Soto  
Date: November 8, 2011
Docket Number: 10-3307

Justia Opinion Summary: The issue before the Tenth Circuit in this appeal was whether a district court must allow a criminal defendant to withdraw his guilty plea when the request was based on a lie. "Unsuprisingly," the Tenth Circuit held that...

United States v. Strohm  
Date: November 8, 2011
Docket Number: 10-4104

Justia Opinion Summary: In 2003, the Securities and Exchange Commission (SEC) sought a preliminary injunction against ClearOne Communications, Inc. based on suspicions of irregular accounting practices and securities law violations. During a he...

United States v. Snider
Date: November 8, 2011
Docket Number: 11-5113
United States v. Lopez-Macia  
Date: November 7, 2011
Docket Number: 10-1494

Justia Opinion Summary: This appeal presented the Tenth Circuit with two questions related to the presence of "fast-track" programs for disposing of illegal re-entry and other immigration offenses in some federal districts, but not others. The...

United States v. Kort  
Date: November 7, 2011
Docket Number: 10-5104

Justia Opinion Summary: Appellant Jason Edgar Kort pled guilty to conspiracy to possess and distribute more than 500 grams of methamphetamine. He appealed his 135-month sentence on grounds the district court erred in denying both his request fo...

United States v. Molina-Chavez  
Date: November 4, 2011
Docket Number: 11-5056

Justia Opinion Summary: In 2009, Defendant Antonio Molina-Chavez pled guilty in the New Mexico district court to illegally reentering the United States. The court sentenced him to eight months in prison to be followed by a two-year term of supe...

United States v. Holly  
Date: November 4, 2011
Docket Number: 11-7034

Justia Opinion Summary: Pro se prisoner Petitioner Melvin Holly petitioned the Tenth Circuit for a certificate of appealability (COA) to challenge a district court's denial in part and dismissal in part of his "Motion for Severance, 'Conflict o...

Carter v. Pathfinder Energy  
Date: November 3, 2011
Docket Number: 10-8112

Justia Opinion Summary: Plaintiff Dennis Carter began working as a directional driller at Pathfinder Energy Services, Inc., in December 2004. Two years later, declining health had caused a reduction in Plaintiff's workload. Pathfinder fired Pla...

United States v. Lehi  
Date: November 3, 2011
Docket Number: 11-1085

Justia Opinion Summary: Defendant Daniel Lehi appealed his felony conviction of forcibly assaulting a federal officer and his thirty-three month prison sentence. A federal police officer was dispatched to Defendant's home after receiving a call...

Nagim v. Equifax Info. Services, LLC  
Date: November 3, 2011
Docket Number: 11-1233

Justia Opinion Summary: Pro se Plaintiff Ronald Nagim appealed the grant of summary judgment in favor of Defendant Equifax Information Services, LLC, Experian Information Solutions, INc. and Transunion, LLC. In 2005, Plaintiff filed for bankrup...

Williams v. Clay County Police Department, et al
Date: November 3, 2011
Docket Number: 11-3175
Tijerina, Sr. v. Patterson  
Date: November 3, 2011
Docket Number: 11-4037

Justia Opinion Summary: Pro se prisoner Plaintiff-Appellant appealed the dismissal of his 42 U.S.C. 1983 civil rights complaint for failure to comply with a district court’s order and failure to prosecute. Because Defendants Utah Department of...

United States v. Gutierrez  
Date: November 3, 2011
Docket Number: 11-5106

Justia Opinion Summary: In 1996, Defendant Peter Gutierrez pled guilty to two federal firearms offenses. The district court sentenced him to 235 months' imprisonment, the low end of the applicable guideline range. Prior to 2010, the sentencing...

Syrus v. Bennett  
Date: November 3, 2011
Docket Number: 11-6117

Justia Opinion Summary: Plaintiff-Appellant Charles Syrus appealed a district court's dismissal with prejudice his pro se copyright infringement action for failing to state a claim under the Federal Rules of Civil Procedure. In 2007, Plaintiff...

Roberson v. Rudek  
Date: November 3, 2011
Docket Number: 11-6182

Justia Opinion Summary: Pro se prisoner Petitioner Lewis Roberson applied for a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his habeas petition. After a jury trial, Petitioner was convicte...

Cody Laboratories, Inc. v. Sebelius  
Date: November 3, 2011
Docket Number: 11-8001

Justia Opinion Summary: Cody Laboratories, Inc. and Lannett Co., Inc. (collectively, "Cody") appealed a district court's dismissal of their action for declaratory judgment against the Food and Drug Administration (FDA). Cody has been manufactur...

Yellowbear v. Wyoming Att'y Gen.  
Date: November 3, 2011
Docket Number: 11-8035

Justia Opinion Summary: Petitioner Andrew Yellowbear, Jr. was convicted of first degree murder and sentenced to life imprisonment. Petitioner's challenge to the state court's jurisdiction was rejected by the Wyoming Supreme Court on direct appe...

Koch v. City of Del City  
Date: November 2, 2011
Docket Number: 10-6105

Justia Opinion Summary: Beginning in 2004, Plaintiff-Appellant Vicki Koch and her parents assumed control over the property and care of an elderly woman, Gladys Lance. Ms. Lance’s niece became concerned about her aunt’s welfare, and in 2005, wh...

Chen v. Holder, Jr.  
Date: November 2, 2011
Docket Number: 10-9577

Justia Opinion Summary: Petitioner Gong Geng Chen petitioned the Tenth Circuit to review a decision of the Board of Immigration Appeals (BIA) that denied his motion to reopen as untimely. Petitioner n is a native and citizen of the People’s Rep...

Slocum v. Corporate Express US Inc.  
Date: November 2, 2011
Docket Number: 11-5083

Justia Opinion Summary: Pro se Petitioner Katherine Slocum appealed the district court's dismissal with prejudice her claims against Corporate Express U.S., Inc., Corporate Express Office Products, Inc., (Corporate Express), Cox Communications...

Ciempa v. Standifird  
Date: November 2, 2011
Docket Number: 11-5104

Justia Opinion Summary: Defendant David Ciempa petitioned the Tenth Circuit for a certificate of appealability (COA) to challenge a district court's denial of his habeas petition to challenge the Oklahoma Department of Corrections' (ODOC) revoc...

Mid-Continent Casualty v. Union Insurance  
Date: November 2, 2011
Docket Number: 11-6045

Justia Opinion Summary: This appeal stemmed from an explosion that severely injured Robbie Griffin at a worksite in Stephens County, Oklahoma. At the time of the explosion, Mr. Griffin was working as an independent contractor for S&W Transports...

Greystone Construction v. National Fire & Marine  
Date: November 1, 2011
Docket Number: 09-1412

Justia Opinion Summary: The issue before the Tenth Circuit in this case centered on whether property damage caused by a subcontractor's faulty workmanship is an "ocurrence" for purposes of a commercial general liability (CGL) insurance policy....

United States v. Knight  
Date: November 1, 2011
Docket Number: 10-3087

Justia Opinion Summary: Defendant Clinton Knight was convicted on charges of racketeering and drug possession arising from his membership in a Wichita, Kansas street gang. He argued on appeal to the Tenth Circuit that the district court plainly...

United States v. Randall  
Date: November 1, 2011
Docket Number: 10-3113

Justia Opinion Summary: A jury convicted Defendant Chester Randall, Jr. on one count of conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO) for his alleged involvement with a Wichita Kansas street gang. He was sentenc...

Wheeler v. CIR  
Date: November 1, 2011
Docket Number: 10-9005

Justia Opinion Summary: Petitioner Charles Raymond Wheeler appealed a Tax Court decision finding him liable for (1) income-tax deficiencies for the years 2002, 2004, and 2005; (2) additions to tax for those years; and (3) a $25,000 sanction. Pe...

Milligan v. Archuleta  
Date: November 1, 2011
Docket Number: 11-1218

Justia Opinion Summary: State prisoner Plaintiff Michael Milligan appealed a district court's sua sponte dismissal of his Section 1983 complaint against various Colorado prison officials who were allegedly involved in decisions affecting Plaint...

United States v. Sussman  
Date: November 1, 2011
Docket Number: 11-1255

Justia Opinion Summary: Defendant David Sussman appealed a district court’s revocation of his supervised release. Defendant contended on appeal that he was deprived of liberty without due process of law when federal authorities lodged a detaine...

United States v. Logsdon  
Date: November 1, 2011
Docket Number: 11-3157

Justia Opinion Summary: Defendant Robert Logsdon was found not guilty by reason of insanity for threatening the President of the United States. He was later granted conditional release to a residential care facility, but within one day was disc...

Williams v. Cherokee Nation Entertainment  
Date: November 1, 2011
Docket Number: 11-5107

Justia Opinion Summary: Plaintiff James Williams appealed a district court's denial of his motion for leave to proceed in forma pauperis (IFP) to file a complaint and have it served. In June 2011, Mr. Williams filed a complaint against his for...

Hooper v. Workman  
Date: November 1, 2011
Docket Number: 11-6143

Justia Opinion Summary: Petitioner Michael Hooper sought a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his habeas petition. In 1993, Petitioner shot his ex-girlfriend and her son and daugh...

Adams v. Astrue  
Date: November 1, 2011
Docket Number: 11-7026

Justia Opinion Summary: Plaintiff Lacauna Adams, on behalf of her minor son D.J.W., appeared pro se seeking review of a district court’s judgment that affirmed the Social Security Commissioner’s denial of D.J.W.’s application for Supplemental S...

Johnson v. Workman  
Date: November 1, 2011
Docket Number: 11-7062

Justia Opinion Summary: Pro se prisoner Petitioner Dexter Johnson sought a certificate of appealability (COA) from the Tenth Circuit to appeal a district court's dismissal of his unauthorized or successive 28 U.S.C. 2254 petition. In 1996, Peti...

De Leon v. Marcos, et al  
Date: October 31, 2011
Docket Number: 10-1578

Justia Opinion Summary: Plaintiff Ferdinand De Leon appealed a district court’s judgment entered in favor of Defendant Denman Investment Corporation, Inc. Plaintiff represents a class of over 9500 people who brought human rights claims against...

Boston Scientific Corporation v. Mabey, et al  
Date: October 31, 2011
Docket Number: 10-4201

Justia Opinion Summary: Boston Scientific Corporation and Boston Scientific Neuromodulation Corporation (Boston Scientific) filed suit to enforce a non-compete agreement against Mikelle Mabey, a former employee, and St. Jude Medical Neuromodula...

Rose v. Utah State Bar  
Date: October 31, 2011
Docket Number: 10-4209

Justia Opinion Summary: Plaintiff-Appellant Susan Rose, a Utah lawyer, initiated the underlying federal lawsuit to challenge the constitutionality of state disciplinary proceedings brought against her by the Utah bar. She also sought a prelimin...

Harris v. PBC  
Date: October 31, 2011
Docket Number: 11-5023

Justia Opinion Summary: Plaintiff-Appellant Lawrence Harris filed a pro se complaint naming the "Tulsa 66ers" NBA Development League basketball team and two individual employees of the team as defendants. Harris sought damages from the defendan...

United States v. Koch  
Date: October 28, 2011
Docket Number: 10-5135

Justia Opinion Summary: Defendant Larry Koch appealed a jury’s verdict that found him guilty of conspiracy to commit bank fraud. Defendant admitted others committed bank fraud but disputed that he knowingly participated in their conspiracy. Alt...

CFTC, et al v. Lee, et al  
Date: October 28, 2011
Docket Number: 10-6276

Justia Opinion Summary: The United States Commodity Futures Trading Commission (CTFC) and the Oklahoma Department of Securities brought suit against multiple corporate defendants (including Prestige Ventures Corporation) and several individuals...

Mendoza v. Tamez  
Date: October 28, 2011
Docket Number: 11-1223

Justia Opinion Summary: Petitioner Joe Mendoza was docked 40 days good time credit for violating the Bureau of Prison's (BOP) policy on drug use. He filed a habeas petition to challenge the fairness of the disciplinary proceeding and requested...

United States v. Villalobos-Varela  
Date: October 28, 2011
Docket Number: 11-2011

Justia Opinion Summary: Defendant Lazaro Villalobos-Varela appealed a district court’s sentence of thirty months' imprisonment for re-entry as a removed alien in violation of federal immigration law. According to Defendant, the district court i...

United States v. Solorio-Mondragon  
Date: October 28, 2011
Docket Number: 11-2041

Justia Opinion Summary: On the morning his jury trial was scheduled to begin, Defendant Francisco Solorio-Mondragon pled guilty to (1) conspiracy to possess with the intent to distribute, and (2) possessing more than fifty grams of methamphetam...

Robinson v. Kansas  
Date: October 28, 2011
Docket Number: 11-3168

Justia Opinion Summary: Pro se prisoner Petitioner Donald Robinson sought a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his habeas petition. Petitioner attacked two people with a baseball...

United States v. Bell  
Date: October 28, 2011
Docket Number: 11-5008

Justia Opinion Summary: Pro se prisoner Petitioner Michael Bell sought a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his motion to vacate, set aside or correct his sentence. Petitioner was...

Smith v. Wilson, et al
Date: October 28, 2011
Docket Number: 11-8023
Proffit v. State of Wyoming  
Date: October 28, 2011
Docket Number: 11-8064

Justia Opinion Summary: Pro se prisoner Petitioner Kent Profitt sought a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his habeas petition. Petitioner was convicted by a jury for first degre...

Marcus Food Co. v. DiPanfilo  
Date: October 27, 2011
Docket Number: 10-3285

Justia Opinion Summary: Marcus Food Company, a Kansas corporation based in Wichita, entered into an oral agreement in 1999 with Robert DiPanfilo, a citizen of Canada, under which DiPanfilo served as an independent sales and purchasing agent for...

Anderson v. Cato Corporation  
Date: October 27, 2011
Docket Number: 11-3003

Justia Opinion Summary: Plaintiff Cynthia Anderson appealed a district court's grant of summary judgment in favor of Defendant Cato Corporation on her claim of discrimination under the Pregnancy Discrimination Act. A month or two after Cato ter...

QEP Energy Company v. Sullivan  
Date: October 27, 2011
Docket Number: 11-4012

Justia Opinion Summary: In 1999, Christopher Sullivan learned through a business acquaintance, Robert Weaver, acquired all interests in a particular oil and gas lease. The then-current operators of the wells on the lease, QEP Energy, made regul...

United States v. Springer  
Date: October 26, 2011
Docket Numbers: 11-5053, 10-5156, 10-5057, 10-5055

Justia Opinion Summary: A jury convicted Lindsey Springer of one count of conspiring with Oscar Stilley to defraud the United States, three counts of tax evasion, and two counts of willful failure to file a tax return. Mr. Stilley was convicted...

Davis v. Medina  
Date: October 26, 2011
Docket Number: 11-1328

Justia Opinion Summary: Pro se prisoner Petitioner Michael Davis petitioned the Tenth Circuit for a certificate of appealability (COA) so that he could appeal a district court's dismissal of his petition for the writ of habeas corpus. On appeal...

Phillips v. Addison  
Date: October 26, 2011
Docket Number: 11-5100

Justia Opinion Summary: Pro se prisoner Petitioner Eric Phillips applied for a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's dismissal of his motion for post-conviction relief. After pleading guilty i...

CCCOK Inc. v. Southwestern Bell, et al  
Date: October 26, 2011
Docket Number: 11-6016

Justia Opinion Summary: In 2005, Appellant CCCOK, Inc. filed a complaint at the Oklahoma Corporation Commission (OCC) against Southwestern Bell Telephone, L.P.(SWBT). CCCOK sought an order directing SWBT to pay it over two-million dollars in co...

Jackson v. Mullin  
Date: October 26, 2011
Docket Number: 11-6098

Justia Opinion Summary: Pro se prisoner Petitioner Roberto Jackson sought a certificate of appealability (COA) to challege a district court's dismissal of his unauthorized second or successive petitions for habeas relief for lack of jurisdictio...

United States v. Corley  
Date: October 26, 2011
Docket Number: 11-7013

Justia Opinion Summary: Defendant Robert Corley appealed his sentence imposed following the revocation of his supervised release. The district court sentenced him to 50 months in prison, four months above the range indicated by the United State...

United States v. Ragland  
Date: October 25, 2011
Docket Number: 10-3311

Justia Opinion Summary: Defendant Maurice Ragland was sentenced to 168 months in prison for his role in a mortgage fraud operation. He challenged his sentence as substantively unreasonable. From January 2002 to January 2004, Defendant participa...

United States v. Strasser
Date: October 25, 2011
Docket Number: 10-4218
Miller v. Arbogast, et al
Date: October 25, 2011
Docket Number: 11-2010
United States v. Rodriguez-Padilla
Date: October 25, 2011
Docket Number: 11-4021
United States v. Dewitt
Date: October 25, 2011
Docket Number: 11-6057
Miller, Jr. v. Trammell
Date: October 25, 2011
Docket Number: 11-7061
United Parcel Service, Inc. v. Jones  
Date: October 24, 2011
Docket Number: 09-3275

Justia Opinion Summary: Defendant United Parcel Service, Inc. (UPS) appealed a jury verdict that awarded Plaintiff Keith Jones $2.5 million in actual and punitive damages based on UPS's retaliatory discharge in violation of Kansas common law....

Sedillo v. Hatch
Date: October 24, 2011
Docket Number: 10-2163
Thompson v. Milyard, et al
Date: October 24, 2011
Docket Number: 11-1319
United States v. Garcia
Date: October 24, 2011
Docket Number: 11-7057
Wyoming v. U.S. Dept. Agriculture  
Date: October 21, 2011
Docket Number: 09-8075

Justia Opinion Summary: Defendants the U.S. Forest Service and Defendants-Intervenors-Appellants several Environmental Groups appealed a district court's order setting aside and permanently enjoining the Roadless Area Conservation Rule (Roadles...

United States v. Mata-Rodriguez
Date: October 21, 2011
Docket Number: 10-3272
United States v. Oake
Date: October 21, 2011
Docket Number: 11-6178
RoDa Drilling Company, et al v. Siegal, et al
Date: October 20, 2011
Docket Number: 10-5139
Kasonso v. Holder, Jr.  
Date: October 20, 2011
Docket Number: 10-9526

Justia Opinion Summary: Petitioner Arther Deyke Kasonso petitioned the Tenth Circuit to review of a Board of Immigration Appeals (BIA) order denying his motion for reconsideration. His petition raised a single, narrow issue: whether the BIA abu...

United States v. Kutz
Date: October 20, 2011
Docket Number: 11-6136
Granite Southlands Town Center v. Alberta Town Center, LLC, et al
Date: October 19, 2011
Docket Number: 10-1453
United States v. Dozal
Date: October 19, 2011
Docket Number: 11-3203
United States v. Marrufo  
Date: October 18, 2011
Docket Number: 10-2263

Justia Opinion Summary: In separate prosecutions arising from the same event, Defendant-Appellant Armando Marrufo was convicted in federal court of being a felon in possession of a firearm and in state court of tampering with evidence by hiding...

United States v. Chavez  
Date: October 18, 2011
Docket Number: 10-2273

Justia Opinion Summary: On April 11, 2008, Defendant-Appellant Christopher Roy Chavez was arrested during a traffic stop for driving while intoxicated (DWI). After his arrest, the police impounded the vehicle he was driving. They subsequently o...

Marten v. Godwin, et al
Date: October 18, 2011
Docket Number: 10-3227
United States v. McGuire
Date: October 18, 2011
Docket Number: 10-6102
Sorenson Communications, Inc. v. FCC  
Date: October 18, 2011
Docket Number: 10-9536

Justia Opinion Summary: Sorenson Communications, Inc. challenged the 2010-2011 rates set by the Federal Communication Commission (FCC or Commission) to compensate Video Relay Service providers, including Sorenson. Video Relay Service (VRS) is a...

Laratta v. Brown, et al
Date: October 18, 2011
Docket Number: 11-1183
United States v. Green  
Date: October 18, 2011
Docket Number: 11-2108

Justia Opinion Summary: Pro se prisoner Defendant Ricky Green petitioned the Tenth Circuit to appeal a district court's denial of his motion to vacate, set aside or correct his sentence. Defendant was convicted after a jury trial of various dru...

Williams v. Sibbett, et al
Date: October 18, 2011
Docket Number: 11-4060
United States v. Bell
Date: October 18, 2011
Docket Number: 11-5028
KC v. Holder, Jr.  
Date: October 18, 2011
Docket Number: 11-9502

Justia Opinion Summary: Petitioner Sushma KC sought review of a Board of Immigration Appeals’ (BIA) denial of her motion to reopen or reconsider its previous decision denying her asylum, withholding of removal, and protection under the Conventi...

Dish Network Corp. v. Arch Specialty Insurance Co.  
Date: October 17, 2011
Docket Number: 10-1445

Justia Opinion Summary: Plaintiffs DISH Network Corporation and DISH Network LLC (Dish) filed a diversity action in the District of Colorado seeking a judgment declaring that Dish's insurers had a duty under Colorado law to defend Dish in a pat...

United States of America v. Leyva
Date: October 17, 2011
Docket Number: 10-2208
Cordova-Soto v. Holder, Jr.  
Date: October 17, 2011
Docket Number: 10-9569

Justia Opinion Summary: Appellant Gabriela Cordova-Soto petitioned the Tenth Circuit for review of a Department of Homeland Security (DHS) order reinstating her prior removal order under 8 U.S.C. 1231 (a)(5). Appellant is a native and citizen o...

Flores v. United States Attorney, et al
Date: October 17, 2011
Docket Number: 11-1277
United States v. Pickard  
Date: October 17, 2011
Docket Number: 11-3089

Justia Opinion Summary: Pro se prisoners Defendants William Pickard and Clyde Apperson filed a consolidated application for a certificate of appealability (COA) to appeal the district court's denial of certain claims they presented in their mot...

Rhodes v. Langston University, et al
Date: October 14, 2011
Docket Number: 10-6234
Garcia v. Holder, Jr.
Date: October 14, 2011
Docket Number: 10-9585
Freeman v. Astrue  
Date: October 14, 2011
Docket Number: 11-5017

Justia Opinion Summary: Petitioner Theresa Freeman appealed the denial of her applications for social security disability insurance benefits and supplemental security income benefits. Petitioner applied for benefits in June 2007, alleging she w...

Mays v. Dinwiddie
Date: October 14, 2011
Docket Number: 11-5047
Palmer v. Myer  
Date: October 14, 2011
Docket Number: 11-6021

Justia Opinion Summary: Payne County Jail Administrator Brandon Myers appealed a district court's order that denied his motion for summary judgment that asked for qualified immunity. While held as a pretrial detainee at the Payne County Jail, P...

Lucas v. Liberty Life Assurance Company  
Date: October 14, 2011
Docket Number: 11-6056

Justia Opinion Summary: Plaintiff Steven Lucas filed suit against Liberty Life Assurance Company of Boston (Liberty Life), asserting that the company violated the Employee Retirement Income Security Act of 1974 (ERISA) when it denied his claim...

Azubuko v. Irish  
Date: October 14, 2011
Docket Number: 11-6202

Justia Opinion Summary: Petitioner Chuwuma Azubuko appealed the dismissal of his 42 U.S.C. 1983 complaint for lack of venue. Petitioner filed a complaint in the Western District of Oklahoma alleging Latoya Irish and an unknown Boston police det...

Phillips v. Layden, et al
Date: October 14, 2011
Docket Number: 11-7022
Cadigan & Park, P.C. v. Abbasid, Inc., et al
Date: October 13, 2011
Docket Number: 10-2279
Twigg v. Hawker Beechcraft Corporation  
Date: October 13, 2011
Docket Number: 10-3118

Justia Opinion Summary: Plaintiff-Appellant Denice Twigg appealed a district court’s order that granted summary judgment in favor of Defendant-Appellee Hawker Beechcraft Corporation (HBC) on Plaintiff's claims for (1) retaliation under 42 U.S.C...

Blumenthal, Jr. v. New York Life Insurance
Date: October 13, 2011
Docket Number: 10-6246
Hepple v. State of New Mexico
Date: October 13, 2011
Docket Number: 11-2151
Griffin v. Dept. of Justice  
Date: October 13, 2011
Docket Number: 11-3243

Justia Opinion Summary: Pro se prisoner Petitioner Eric Griffin appealed a district court's dismissal of his petition for the writ of habeas corpus. The court dismissed Mr. Griffin’s petition after he failed to respond to its order to show that...

Stichting Mayflower, et al v. City of Park City, Utah, et al
Date: October 13, 2011
Docket Number: 11-4017
Thiebaut, et al v. Colorado Springs Utilities, et al
Date: October 12, 2011
Docket Number: 10-1471
United States v. Moncayo
Date: October 12, 2011
Docket Number: 10-2149
United States v. Goldston, et al
Date: October 12, 2011
Docket Number: 11-1087
Pandey v. Russell, II, et al
Date: October 12, 2011
Docket Number: 11-1366
United States v. Garcia-Medina
Date: October 12, 2011
Docket Number: 11-3227
King v. Parker
Date: October 12, 2011
Docket Number: 11-5085
Brewington v. Miller
Date: October 12, 2011
Docket Number: 11-6168
Lockett, Jr. v. Rudek
Date: October 12, 2011
Docket Number: 11-6185
United States v. Geiner
Date: October 12, 2011
Docket Number: 11-8029
United States v. Stout
Date: October 11, 2011
Docket Number: 10-5153
Fox v. California Franchise Tax Board, et al
Date: October 11, 2011
Docket Number: 11-1037
United States v. Lopez-Estrada
Date: October 7, 2011
Docket Number: 10-3327
United States v. Gonzalez-Barrera
Date: October 7, 2011
Docket Number: 11-1077
Gross v. General Motors Corporation
Date: October 6, 2011
Docket Number: 08-3236
Standard Bank, PLC v. Runge, Inc.
Date: October 6, 2011
Docket Number: 10-1045
United States v. Tukes  
Date: October 6, 2011
Docket Number: 11-2019

Justia Opinion Summary: Defendant-Appellant Alan Tukes appealed his federal conviction for bank robbery, arguing that the government’s evidence was insufficient to prove that the bank was insured by the Federal Deposit Insurance Corporation (“F...

United States v. Dormer
Date: October 6, 2011
Docket Number: 11-3122
Jamieson v. Jone
Date: October 6, 2011
Docket Number: 11-6139
United States v. Watkin
Date: October 6, 2011
Docket Number: 11-7009
Utility Trailer Sales v. Mac Trailer Manufacturing, et al
Date: October 5, 2011
Docket Number: 10-3236
Schnebelen, et al v. Porter, et al
Date: October 4, 2011
Docket Number: 10-4183
Alexander v. Foegen, et al
Date: October 4, 2011
Docket Number: 11-1268
United States v. Wilson
Date: October 4, 2011
Docket Number: 11-4019
Blazier v. Larson, et al
Date: October 4, 2011
Docket Number: 11-4056
United States v. Cobos-Chacha  
Date: October 3, 2011
Docket Number: 10-1528

Justia Opinion Summary: Mexican national Defendant-Appellant Nicolas Cobos-Chachas pled guilty to unlawfully reentering the United States after deportation. At sentencing, the district court varied downward from the advisory guidelines range an...

Henry v. City of Albuquerque  
Date: October 3, 2011
Docket Number: 10-2211

Justia Opinion Summary: Plaintiff-Appellant Ed Henry appealed a district court’s final judgment in favor of Defendants-Appellees police officers Jacob Storey and Amy Fangio after a jury trial. He contended that the district court erred in (1) g...

State Of New Mexico, et al v. Joe Gutierrez, et al
Date: October 3, 2011
Docket Number: 10-2258
Boyd v. Werholtz
Date: October 3, 2011
Docket Number: 10-3284
Martinez v. Milyard  
Date: October 3, 2011
Docket Number: 11-1239

Justia Opinion Summary: Plaintiff-Appellant Richard Martinez appealed the dismissal of his 42 U.S.C. 1983 complaint. Plaintiff filed suit against Kevin Milyard and Susan Jones, his previous and current wardens, respectively. His complaint inclu...

Lundahl v. Pennsylvania Manufacturer
Date: October 3, 2011
Docket Number: 11-6050
United States v. Meek
Date: October 3, 2011
Docket Number: 11-6183
United States v. Saldivar-Munoz  
Date: September 30, 2011
Docket Number: 10-5162

Justia Opinion Summary: Defendant Juan Alberto Saldivar-Munoz pleaded guilty to illegal reentry after previous deportation from the United States. In his plea agreement, Defendant preserved his right to appeal the district court’s grant of the...

Luevano v. Holder, Jr.  
Date: September 30, 2011
Docket Number: 10-9547

Justia Opinion Summary: Petitioner Margarito Escalera Luevano applied for an adjustment of status during his removal proceedings based on his eligibility for an immigrant visa. He also requested an indefinite continuance in anticipation of the...

Navarro-Perez v. Holder, Jr.
Date: September 30, 2011
Docket Number: 10-9576
United States v. Prado-Diaz  
Date: September 30, 2011
Docket Number: 11-2037

Justia Opinion Summary: Pro se prisoner Defendant Jose Prado-Diaz petitioned the Tenth Circuit for a certificate of appealability (COA) to challenge the district court's denial of his motion to vacate, set aside or correct his sentence. Defenda...

Roman v. Vaughn
Date: September 30, 2011
Docket Number: 11-6103
Moore v. Miller
Date: September 30, 2011
Docket Number: 11-6181
United States v. Villanueva
Date: September 29, 2011
Docket Number: 10-2239
Thrasher v. Hickson, et al
Date: September 29, 2011
Docket Number: 11-2075
United States v. Sainz-Ochoa
Date: September 29, 2011
Docket Number: 11-3086
Jobira v. Holder, Jr.  
Date: September 28, 2011
Docket Number: 10-9573

Justia Opinion Summary: Petitioners Mihiretab Teshome Jobira and Beza Teshome Jobira petitioned the Tenth Circuit to review final orders of removal. The Jobiras are natives and citizens of Ethiopia. They claimed to be brother and sister. In Sep...

Jones v. Boker, et al
Date: September 28, 2011
Docket Number: 11-3056
Arles v. Astrue  
Date: September 28, 2011
Docket Number: 11-7024

Justia Opinion Summary: Plaintiff-Appellant Timothy Arles appealed a district court judgment that affirmed the Commissioner of Social Security's denial of his application for supplemental security income benefits (SSI). An Administrative Law Ju...

Pama Ventures v. Wellen
Date: September 27, 2011
Docket Number: 10-1313
United States v. Ayala  
Date: September 27, 2011
Docket Number: 10-5167

Justia Opinion Summary: Defendant Erlin Ayala appealed his conviction for possession with the intent to distribute 50 grams or more of a mixture or substance containing methamphetamine. He argued that the district court erred in denying his mot...

Grede v. Astrue  
Date: September 27, 2011
Docket Number: 10-6260

Justia Opinion Summary: Plaintiff-Appellant Timothy Grede appealed a district court's order upholding the Commissioner of Social Security's denial of disability benefits. In 2004, Plaintiff applied for benefits asserting an onset date of 2002...

Kemp v. Sloam  
Date: September 27, 2011
Docket Number: 11-1155

Justia Opinion Summary: Pro se prisoner Defendant Franklin Kemp petitioned the Tenth Circuit for a certificate of appealability (COA) to challenge the district court's denial of his application for post-conviction relief. Defendant was convicte...

Harris v. Kammerzell
Date: September 27, 2011
Docket Number: 11-1206
United States v. Drayton
Date: September 27, 2011
Docket Number: 11-3133
United States v. Soto-Munoz  
Date: September 27, 2011
Docket Number: 11-3160

Justia Opinion Summary: Defendant Juan Soto-Munoz applied to the Tenth Circuit for a certificate of appealability (COA) to challenge the district court's denial of his petition for the writ of habeas corpus. Defendant pleaded guilty to an indic...

United States v. Moya-Breton  
Date: September 27, 2011
Docket Number: 11-4116

Justia Opinion Summary: Defendant Alfonzo Moya-Breton filed a motion for relief under 28 U.S.C. 2255 at the district court claiming that he had received ineffective assistance of trial and appellate counsel. The court denied the motion and Defe...

Wright v. Franklin
Date: September 27, 2011
Docket Number: 11-5086
Rural Water Dist. No. 4 v. City of Eudora  
Date: September 26, 2011
Docket Number: 09-3282

Justia Opinion Summary: This appeal arose from a dispute between a city and a rural water district over their rights to serve customers in several annexed areas of Douglas County, Kansas. Rural Water District No. 4 brought this suit against the...

Rocha v. Zavaras, et al
Date: September 26, 2011
Docket Number: 11-1132
Lopez v. Trani, et al
Date: September 26, 2011
Docket Number: 11-1186
Collins v. Jordan, et al
Date: September 26, 2011
Docket Number: 11-3072
Dominguez v. Hatch, et al
Date: September 23, 2011
Docket Number: 11-2014
Azubuko, et al v. University of Massachusetts, et al
Date: September 23, 2011
Docket Number: 11-5071
Burch v. Jordan  
Date: September 22, 2011
Docket Number: 11-3018

Justia Opinion Summary: The Kansas Sexually Violent Predator Act provides that individuals adjudged to be sexually violent predators due to a mental abnormality or personality disorder shall be committed to the custody of the secretary of socia...

Roth, et al v. Green, et al
Date: September 21, 2011
Docket Number: 10-1538
Abbott v. Mulligan
Date: September 21, 2011
Docket Number: 10-4113
Bishop v. Franklin  
Date: September 21, 2011
Docket Number: 10-6238

Justia Opinion Summary: Pro se prisoner Petitioner Ronald Bishop sought a certificate of appealability (COA) to appeal the district court's denial of his petition for the writ of habeas corpus. Petitioner was convicted by an Oklahoma state-cour...

United States v. Pinon-Ayon
Date: September 21, 2011
Docket Number: 10-8106
Pinkey v. Zavislan  
Date: September 21, 2011
Docket Number: 11-1336

Justia Opinion Summary: Pro se prisoner Petitioner-Appellant Cynthia Pinkey sought a certificate of appealability (COA) to appeal the district court's denial of his petition for the writ of habeas corpus. The district court dismissed Petitioner...

In re: Rain  
Date: September 21, 2011
Docket Number: 11-6210

Justia Opinion Summary: Pro se prisoner Movant Michael Rains applied to the Tenth Circuit for a second or successive application for habeas corpus. In 2001, Movant pleaded guilty in Oklahoma state court to making a telephone bomb threat, robber...

Yancey v. Thomas  
Date: September 20, 2011
Docket Number: 10-6239

Justia Opinion Summary: Petitioner Christopher Yancey filed an action in district court contending that Oklahoma state-court rulings terminating his parental rights over his Indian child were invalid under the Indian Child Welfare Act (ICWA). T...

United States v. Brown
Date: September 20, 2011
Docket Number: 11-6101
Bakanovas v. Holder, Jr.  
Date: September 20, 2011
Docket Number: 11-9500

Justia Opinion Summary: Israeli citizens Arturas Bakanovas, Edita Bakanovas, and their daughter, Karolina Bakanovas, sought review of an order of the Board of Immigration Appeals (BIA) that denied their motion to reopen. In 1990 Arturas and Edi...

Southern Ute Indian Tribe v. Sebelius  
Date: September 19, 2011
Docket Number: 09-2281

Justia Opinion Summary: This was the second appeal in litigation arising from the Secretary of Health and Human Services' (HHS) decision not to enter into a self-determination contract with the Southern Ute Indian Tribe (Tribe). In an initial o...

United States v. McKeighan
Date: September 19, 2011
Docket Number: 11-3044
Lamkin, et al v. Morinda Properties Weight Parc
Date: September 19, 2011
Docket Number: 11-4022
United States v. Olinger  
Date: September 15, 2011
Docket Number: 10-4187

Justia Opinion Summary: Defendant Brian Charles Olinger appealed the eighteen-month term of imprisonment the district court imposed after he pled guilty to three Grade C violations of his supervised release. On September 30, 2009, Defendant was...

Johnson-Stanton v. Management and Training
Date: September 15, 2011
Docket Number: 10-4221
United States v. Blechman  
Date: September 14, 2011
Docket Number: 10-3034

Justia Opinion Summary: In January 2009, Defendant-Appellant Robert Blechman and a codefendant, Itsik (Issac) Yass, were tried together in the District of Kansas on charges of mail fraud, aggravated identity theft, and conspiracy to commit mail...

United States v. Flores-Olmo  
Date: September 14, 2011
Docket Number: 11-5010

Justia Opinion Summary: Ruben Flores-Olmos pleaded guilty to one count of being an alien in the United States after deportation but reserved his right to appeal the district court's denial of his motion to suppress evidence acquired during a tr...

Hill v. City of Oklahoma City, et al
Date: September 14, 2011
Docket Number: 11-6088
United States v. Cortez
Date: September 14, 2011
Docket Number: 11-8031
United States v. Chalan
Date: September 13, 2011
Docket Number: 11-2058
United States v. Burleson  
Date: September 12, 2011
Docket Number: 10-2060

Justia Opinion Summary: Defendant-Appellee Carl Roy Burleson and two companions were stopped by a Roswell police officer because they were walking in the middle of the street and because they were carrying an unleashed dog, which aroused the of...

McGuire v. American Family Mutual Insuran, et al
Date: September 9, 2011
Docket Number: 10-3226
Havenar v. Astrue
Date: September 9, 2011
Docket Number: 10-5157
Stevens v. Medina, et al
Date: September 9, 2011
Docket Number: 11-1161
United States v. Dowell
Date: September 9, 2011
Docket Number: 11-1238
White v. Medina, et al
Date: September 9, 2011
Docket Number: 11-1245
United States v. Garcia-Gutierrez
Date: September 9, 2011
Docket Number: 11-3128
Willig v. Astrue  
Date: September 8, 2011
Docket Number: 10-5155

Justia Opinion Summary: Petitioner Becky Jean Willig appealed an opinion and order entered by a United States Magistrate Judge that affirmed the decision of the Commissioner of Social Security (Commissioner) denying her application for suppleme...

Adgeh v. State of Oklahoma
Date: September 8, 2011
Docket Number: 11-6171
Williams v. McCallin, et al
Date: September 7, 2011
Docket Number: 10-1387
Helm v. Kansas  
Date: September 7, 2011
Docket Number: 10-3092

Justia Opinion Summary: Plaintiff-Appellant Christie Helm appealed a district court’s order granting summary judgment in favor of the State of Kansas (the State) on her claim for sexual harassment under Title VII of the Civil Rights Act of 1964...

Tarrant Regional Water Dist. v. Herrmann  
Date: September 7, 2011
Docket Number: 10-6184

Justia Opinion Summary: Tarrant Regional Water District ("Tarrant"), a Texas state agency, applied to the Oklahoma Water Resources Board ("the OWRB") for permits to appropriate water at three locations in Oklahoma for use in Texas. Just before...

City of Hugo v. Nichols  
Date: September 7, 2011
Docket Number: 10-7043

Justia Opinion Summary: The City of Hugo, Oklahoma, and the Hugo Municipal Authority, a public water trust, (collectively "Hugo") contracted with the City of Irving, Texas, ("Irving") for the sale of water Hugo has been allocated or sought to b...

Rivera-Barrientos v. Holder, Jr.  
Date: September 7, 2011
Docket Number: 10-9527

Justia Opinion Summary: Minta del Carmen Rivera Barrientos suffered an attack at the hands of gang members in her native country of El Salvador. She escaped to the United States and sought asylum. She contended she was eligible for asylum under...

ACLYS International v. Equifax
Date: September 6, 2011
Docket Number: 10-4097
Sajidi v. Holder, Jr.
Date: September 6, 2011
Docket Number: 10-9588
Valdez v. Smelser, et al
Date: September 6, 2011
Docket Number: 11-1184
United States v. Perez-Jiminez  
Date: September 2, 2011
Docket Number: 10-1322

Justia Opinion Summary: Bureau of Prisons officers searched Defendant-Appellant Odalis Perez-Jiminez’s person and cell at the Federal Correctional Institution in Florence, Colorado. In his pockets, they found two shanks. Defendant was indicted...

United States v. Hutchinson
Date: September 2, 2011
Docket Number: 10-6248
Bogue, Jr. v. Vaughn
Date: September 2, 2011
Docket Number: 10-7080
McGowen, et al v. CIR
Date: September 2, 2011
Docket Number: 10-9000
United States v. Vermillion
Date: September 2, 2011
Docket Number: 11-3153
Kansas Penn Gaming, LLC v. Collins, et al  
Date: September 1, 2011
Docket Number: 10-3002

Justia Opinion Summary: The issue before the Tenth Circuit in this case pertained to a "class-of-one" equal protection lawsuit against a county government based on its demand that a property owner correct a nuisance. Kansas Penn Gaming, LLC all...

Penner v. City of Topeka, Kansa
Date: September 1, 2011
Docket Number: 11-3080
United States v. Real Property, et al
Date: September 1, 2011
Docket Number: 11-6064
Hull v. Internal Revenue Svc.  
Date: August 31, 2011
Docket Number: 10-1410

Justia Opinion Summary: Plaintiffs Mary Hull, Nelson Phelps, and the Association of US West Retirees appealed a district court’s order that rejected their Freedom of Information Act (FOIA) claim against Defendant Internal Revenue Service (IRS)....

United States v. Irvin  
Date: August 31, 2011
Docket Number: 10-3106

Justia Opinion Summary: Appellants F. Jeffrey Miller and Hallie Irvin were charged in an eleven-count indictment with a variety of crimes stemming from an alleged conspiracy to defraud mortgage lenders in connection with the subprime housing ma...

James v. Independent Sch. Dist. I-050  
Date: August 31, 2011
Docket Number: 10-5124

Justia Opinion Summary: Plaintiffs Ginger James and Deborah Tennison brought suit under 42 U.S.C.1983 alleging Defendant Prue Public Schools’ (the District) termination of their employment violated their First and Fourteenth Amendment rights. T...

Burnett v. Jones, et al
Date: August 31, 2011
Docket Number: 10-6285
Mascorro v. Billings  
Date: August 31, 2011
Docket Number: 10-7005

Justia Opinion Summary: Murray County Oklahoma deputy sheriff Craig Billings, and City of Sulphur Police Officers Steve Watkins and Tony Simpson appealed a district court’s denial of their motion for summary judgment based on qualified immunity...

Felix v. City and County of Denver
Date: August 31, 2011
Docket Number: 11-1165
Litteral v. Marshall, et al
Date: August 31, 2011
Docket Number: 11-2135
Norouzian v. University of Kansas Hospital, et al
Date: August 31, 2011
Docket Number: 11-3094
United States v. Powell
Date: August 30, 2011
Docket Number: 10-1551
Miami Tribe of Oklahoma v. United States, et al  
Date: August 30, 2011
Docket Number: 10-3060

Justia Opinion Summary: The Tenth Circuit considered whether the Bureau of Indian Affairs (BIA) properly exercised its discretion to reject a gift of property by a member of the Miami Tribe of Oklahoma to the tribe. The Court noted that this ap...

Pabst v. McKune, et al
Date: August 30, 2011
Docket Number: 10-3256
United States v. Cordery  
Date: August 30, 2011
Docket Number: 10-4068

Justia Opinion Summary: Defendant Curtis Cordery appealed his sentence, arguing that it was error for the district court to increase his term of imprisonment to enable him to qualify for a prison drug treatment program. Defendant pled guilty to...

SCO Group v. Novell, Inc.
Date: August 30, 2011
Docket Number: 10-4122
Miskovsky v. Jones  
Date: August 30, 2011
Docket Number: 10-6181

Justia Opinion Summary: Prisoner (Defendant) Grover Miskovsky, a prisoner of the State of Oklahoma, brought claims under 42 U.S.C. 1983 in district court alleging that Justin Jones, Director of the Oklahoma Department of Corrections (ODOC), had...

United States v. Hong  
Date: August 30, 2011
Docket Number: 10-6294

Justia Opinion Summary: Defendant Chang Hong sought a certificate of appealability from the Tenth Circuit to appeal the district court’s denial of his motion for post-conviction relief as untimely. He asserted claims of ineffective assistance o...

United States v. Acosta-Gallardo  
Date: August 30, 2011
Docket Number: 10-8075

Justia Opinion Summary: A jury convicted Defendant Cesar Acosta-Gallardo on one count of conspiracy to traffic methamphetamine, and on one count of using a telephone to facilitate a felony drug offense. Defendant appealed his conviction, allegi...

United States v. Landry
Date: August 30, 2011
Docket Number: 10-8077
United States v. Medina-Gonzalez
Date: August 30, 2011
Docket Number: 10-8097
Washington v. Colorado St. University  
Date: August 30, 2011
Docket Number: 11-1166

Justia Opinion Summary: Pro se Plaintiff-Appellant Lester Washington filed this action against twenty-six defendants who all have various connections to Colorado State University. The district court dismissed Plaintiff’s complaint without preju...

Selectman v. Zavaras, et al
Date: August 30, 2011
Docket Number: 11-1215
Rhodes v. Medina, et al
Date: August 30, 2011
Docket Number: 11-1290
Sigala v. Bravo, et al  
Date: August 30, 2011
Docket Number: 11-2007

Justia Opinion Summary: Pro se prisoner Petitioner Richard Sigala sought a certificate of appealability (COA) from the Tenth Circuit to appeal the district court’s dismissal of his habeas petition as time barred. After a jury convicted Petition...

United States v. Robinson  
Date: August 30, 2011
Docket Number: 11-3004

Justia Opinion Summary: In 2010, a federal jury convicted Defendant Risheen Robinson of distributing crack cocaine in violation. After trial, the district court found that Defendant qualified as a “career offender” under U.S.S.G. 4B1.1 in light...

United States v. Earley
Date: August 30, 2011
Docket Number: 11-8007
United States v. Rincon-Torre
Date: August 29, 2011
Docket Number: 10-3212
Ali v. Dinwiddie, et al
Date: August 26, 2011
Docket Number: 09-5151
Qwest Corporation v. Colorado Public Utilities Comm, et al  
Date: August 26, 2011
Docket Number: 10-1187

Justia Opinion Summary: Plaintiff Qwest Corporation (Qwest) and Defendants Colorado Public Utilities Commission (CPUC), individual commissioners, and Cbeyond Communications, LLC (Cbeyond) (together, defendants), cross-appealed the district cour...

United States v. Coleman  
Date: August 26, 2011
Docket Number: 10-6134

Justia Opinion Summary: Defendant Marcus Coleman was convicted of selling crack cocaine and marijuana on three separate occasions in 2002, in violation of Oklahoma’s Trafficking in Illegal Drugs Act. Because he was between the ages of 16 and 17...

Dine Citizens Against Ruining the Environment v. Klein  
Date: August 26, 2011
Docket Number: 11-1004

Justia Opinion Summary: The Office of Surface Mining Reclamation and Enforcement (OSM) approved an application by BHP Navajo Coal Company (BNCC) to revise the mining plan at its Navajo Mine. Dine Citizens Against Ruining Our Environment and San...

United States v. Solarin  
Date: August 26, 2011
Docket Number: 11-1032

Justia Opinion Summary: Pro se prisoner Petitioner Frederick Solarin sought a certificate of appealability (COA) to appeal a district court’s dismissal of his motion for post-conviction relief. Petitioner was convicted of bank robbery and firea...

Sargent v. Rudek
Date: August 26, 2011
Docket Number: 11-6156
Katz v. Gerardi  
Date: August 25, 2011
Docket Number: 10-1407

Justia Opinion Summary: Jack Katz and Infinity Clark Street Operating were minority shareholders in a real estate investment trust (REIT) owned by Archstone Smith Trust, a public company. Archstone entered into a merger agreement in which two i...

United States v. Rendon-Martinez  
Date: August 25, 2011
Docket Number: 10-6231

Justia Opinion Summary: Defendant Doroteo Rendon-Martinez was convicted of possession of a firearm and ammunition by a felon and of illegal reentry by an alien after being deported. He appealed his convictions and 180-month concurrent sentences...

Biodiversity Conservation v. BLM
Date: August 25, 2011
Docket Number: 10-8064
United States v. Montoya-Ruiz  
Date: August 25, 2011
Docket Number: 11-1049

Justia Opinion Summary: Defendant Juan Jose Montoya-Ruiz appeals his 46-month sentence for unlawful reentry of an alien who had previously been deported after commission of an aggravated felony. On appeal, Defendant challenged the substantive r...

Bagwell v. Safeway Denver Milk Plant  
Date: August 25, 2011
Docket Number: 11-1267

Justia Opinion Summary: In January 2011, Daniel Bagwell filed a pro se complaint against his former employer, Safeway Denver Milk Plant (“Safeway”). In his complaint, Mr. Bagwell asserted claims for sex discrimination and retaliation under Titl...

United States v. Fulton  
Date: August 25, 2011
Docket Number: 11-3144

Justia Opinion Summary: Pro se prisoner Petitioner James Fulton sought to appeal a district court's denial of his motion for post-conviction relief. Petitioner was serving a 120-month sentence following his conviction on cocaine possession and...

Durbin v. Province
Date: August 25, 2011
Docket Number: 11-7028
Titsworth v. Mullin
Date: August 25, 2011
Docket Number: 11-7039
Shellito, et al v. CIR
Date: August 24, 2011
Docket Number: 10-9002
Harrison v. United States, et al
Date: August 24, 2011
Docket Number: 11-2001
Vonberg v. Turley
Date: August 24, 2011
Docket Number: 11-4048
United States v. Bell  
Date: August 24, 2011
Docket Number: 11-6080

Justia Opinion Summary: Defendant Carolyn Bell unsuccessfully sought post-conviction relief from the district court and petitioned the Tenth Circuit for a certificate of appealability. Defendant was indicted for possessing crack cocaine with th...

Klein v. Franklin
Date: August 24, 2011
Docket Number: 11-6111
United States v. Gilmore
Date: August 23, 2011
Docket Number: 09-3317
Szymanski v. Murphy, et al
Date: August 23, 2011
Docket Number: 09-8096
Weight Loss Healthcare Centers v. Office of Personnel Management  
Date: August 23, 2011
Docket Number: 10-3247

Justia Opinion Summary: Eric Walters was a federal employee covered by a Standard Option health insurance plan (the Plan) administered by Blue Cross Blue Shield of Kansas City (Blue Cross). In November 2007 he went to Weight Loss Healthcare Cen...

Johnson v. Richins, et al
Date: August 23, 2011
Docket Number: 10-4171
United States v. Tucker
Date: August 23, 2011
Docket Number: 10-4199
Low v. Chu  
Date: August 23, 2011
Docket Number: 10-5165

Justia Opinion Summary: Plaintiff-appellant Darlene Low, an employee of the Southwestern Power Administration, filed a complaint against the Secretary of the Department of Energy asserting five claims: three retaliation claims and one hostile w...

Rojem v. Workman  
Date: August 23, 2011
Docket Number: 10-6202

Justia Opinion Summary: Petitioner Richard Rojem appealed a district court’s denial of his Ex Parte Motion for De Novo Review of Preliminary Budget and his Ex Parte Motion for Approval of Funding for Expert Assistance which he filed in his pend...

Pyramid Diversified Services v. Providence Property & Casualty, et al  
Date: August 23, 2011
Docket Number: 10-6263

Justia Opinion Summary: Third-party defendant Providence Holdings, Inc. appealed a partial summary judgment that awarded Skilstaf, Inc. and Park Avenue Property & Casualty Insurance Company, Inc. (PACA) damages arising out of a loan dispute. Pr...

Teton Millwork Sales v. Schlossberg
Date: August 23, 2011
Docket Number: 10-8073
United States v. Hernandez  
Date: August 23, 2011
Docket Number: 10-8086

Justia Opinion Summary: Defendant Brice Hernandez was originally convicted of possessing an unregistered firearm seven years ago, for which he served time and won supervised release. Subsequently, he violated the conditions imposed on his relea...

Wallin v. Estep, et al
Date: August 23, 2011
Docket Number: 11-1129
DeMoss v. Matrix Absence Management, Inc
Date: August 23, 2011
Docket Number: 11-3006
United States v. O'Neill
Date: August 23, 2011
Docket Number: 11-3116
United States v. Fernandez
Date: August 23, 2011
Docket Number: 11-3135
United States v. Combe
Date: August 23, 2011
Docket Number: 11-4063
Ficken, et al v. Internal Revenue Service
Date: August 22, 2011
Docket Number: 10-1276
United States v. Simpson
Date: August 22, 2011
Docket Number: 10-4146
United States v. Carmona-Moreno
Date: August 22, 2011
Docket Number: 10-5163
McMurray v. McCelmoore  
Date: August 22, 2011
Docket Number: 11-2064

Justia Opinion Summary: Pro se prisoner Petitioner Sammy McMurray filed a series of appeals to the Tenth Circuit. He has been confined to the New Mexico Behavioral Health Institute’s long-term care division. As could be discerned from Petitione...

Kirby v. New Mexico Attorney General, et al
Date: August 22, 2011
Docket Number: 11-2082
Brodzki v. Topeka Police Department  
Date: August 22, 2011
Docket Number: 11-3095

Justia Opinion Summary: Plaintiff-Appellant Anthony Brodzki claimed that during a 2008 traffic stop, an officer from the Topeka Police Department assaulted him by standing between Plaintiff and his car and by “putting his large frame toward Bro...

Lauer v. Thelin, et al  
Date: August 22, 2011
Docket Number: 11-4101

Justia Opinion Summary: Plaintiff-Appellant Larry Lauer filed a complaint against the Utah State Office of Rehabilitation and three of its employees alleging Defendants discriminated against him for being disabled. Plaintiff did not explain the...

Hicks v. Cadle  
Date: August 19, 2011
Docket Number: 10-1575

Justia Opinion Summary: Defendant Daniel Cadle appealed a district court order that confirmed an arbitration award against him on Plaintiff Kerry Hicks’s claims of defamation and intentional infliction of emotional distress. Defendant’s objecti...

United States v. White
Date: August 19, 2011
Docket Number: 10-3338
Kruse v. Astrue  
Date: August 19, 2011
Docket Number: 10-5168

Justia Opinion Summary: Plaintiff-Appellant Debra Kruse appealed the Commissioner of Social Security’s denial of benefits, claiming that an Administrative Law Judge (ALJ) erred in considering her medical source evidence and her credibility. Pla...

Locke v. Grady County
Date: August 19, 2011
Docket Number: 10-6278
McFerran v. Astrue  
Date: August 19, 2011
Docket Number: 10-7095

Justia Opinion Summary: Plaintiff-Appellant Jeffrey McFerran appealed a district court judgment that affirmed the Commissioner of Social Security’s denial of his application for disability benefits. Plaintiff sought benefits based on degenerati...

United States v. Jone
Date: August 19, 2011
Docket Number: 11-8020
Welch v. Milyard, et al
Date: August 18, 2011
Docket Number: 11-1214
Christian v. Commandant, USDB
Date: August 18, 2011
Docket Number: 11-3079
Vann v. Wieneke, et al
Date: August 18, 2011
Docket Number: 11-5073
Johnson v. Liberty Mutual Fire Insur. Co.  
Date: August 17, 2011
Docket Number: 10-1132

Justia Opinion Summary: Plaintiffs Russell and Jennifer Johnson blamed Liberty Mutual for failing to hold onto a pair of tail lights that they said would have helped them win a personal injury lawsuit they wanted to bring. Plaintiffs never aske...

United States v. Welch
Date: August 17, 2011
Docket Number: 10-3305
Hyberg v. Milyard, et al
Date: August 17, 2011
Docket Number: 11-1188
Martinez v. Medina, et al
Date: August 17, 2011
Docket Number: 11-1281
Jernigan v. Jaramillo, et al
Date: August 17, 2011
Docket Number: 11-2066
Fulton v. Chester
Date: August 17, 2011
Docket Number: 11-3150
United States v. Salgado-Vega
Date: August 16, 2011
Docket Number: 10-2242
Aviva Life & Annuity Co. v. FDIC  
Date: August 16, 2011
Docket Number: 10-3163

Justia Opinion Summary: Plaintiffs Aviva Life & Annuity Company and American Investors Life Insurance Company (collectively, "Aviva") contended the Federal Deposit Insurance Corporation (FDIC) acted in an arbitrary and capricious manner in rend...

Dorman v. Astrue  
Date: August 16, 2011
Docket Number: 10-5166

Justia Opinion Summary: Plaintiff-Appellant Patrick Dorman appealed a district court's denial of his request for an Equal Access to Justice (EAJA) fee. Plaintiff filed his application for social security disability benefits in 2004 alleging tha...

Juned v. Holder, Jr.  
Date: August 16, 2011
Docket Number: 10-9582

Justia Opinion Summary: Petitioner Budiyanto Juned, a native and citizen of Indonesia, appealed a Board of Immigration Appeals' (BIA) decision that denied his applications for asylum and restriction on removal under the Convention Against Tortu...

United States v. Zapata  
Date: August 16, 2011
Docket Number: 11-1127

Justia Opinion Summary: Pro se prisoners Petitioners Arnoldo Zapata and Humberto Galvan both sought a certificate of appeal from the Tenth Circuit to challenge their respective convictions for conspiracy to distribute cocaine. Petitioners were...

Roy v. No Defendants Named
Date: August 16, 2011
Docket Number: 11-1134
Adams v. Davi
Date: August 16, 2011
Docket Number: 11-1258
Allen v. Clements, et al
Date: August 16, 2011
Docket Number: 11-1285
United States v. Dickinson
Date: August 16, 2011
Docket Number: 11-3045
United States v. Romero  
Date: August 15, 2011
Docket Number: 10-1362

Justia Opinion Summary: Defendant Steven Romero appealed his three year sentence for aggravated animal cruelty. In 2009, Defendant tied a rope around the neck of "Buddy," a dog belonging to a family in Delta, Colorado, and dragged him to death...

Winne v. City of Lakewood, Colorado  
Date: August 15, 2011
Docket Number: 10-1568

Justia Opinion Summary: Plaintiff-Appellant Terry Winne appealed a district court's order that dismissed his complaint for failing to state a claim under the Family and Medical Leave Act (FMLA). In 1999, Winne began working for the City of Lake...

United States v. Cooper  
Date: August 15, 2011
Docket Number: 10-3105

Justia Opinion Summary: Defendant-Appellant Michael Cooper was convicted by jury on one count of conspiracy to defraud, and multiple counts of mail and wire fraud, money laundering and engaging in transactions derived from unlawful activity. De...

United States v. Nichols  
Date: August 15, 2011
Docket Number: 10-3304

Justia Opinion Summary: Pro se prisoner Petitioner Cordell Nichols petitioned the Tenth Circuit for a certificate of appealability (COA) to appeal a district court's dismissal of his motion to vacate, set aside or correct his sentence. The moti...

Mendia v. City of Wellington, et al
Date: August 15, 2011
Docket Number: 10-3312
Larry Snyder and Co. v. Miller  
Date: August 15, 2011
Docket Number: 10-5045

Justia Opinion Summary: Plaintiff-Appellant Larry Snyder and Company appealed a district court's grant of summary judgment to Defendant-Appellee Clark Miller, which did business as American Underground Utilities. Snyder and Miller entered into...

Bunch v. Ind. Sch. Dist. No. I-050 of Osage Cty.  
Date: August 15, 2011
Docket Number: 10-5109

Justia Opinion Summary: Plaintiff-Appellant Dawn Bunch brought suit under 42 U.S.C. 1983 alleging that Defendant Independent School District No. I-050 of Osage County (Prue Public Schools) violated her First and Fourteenth Amendment rights. She...

Cypert v. Ind. Sch. Dist. No. I-050 of Osage Cty.  
Date: August 15, 2011
Docket Number: 10-5122

Justia Opinion Summary: Plaintiff-Appellant Louanne Cypert brought suit under 42 U.S.C. 1983 and several anti-discrimination statutes alleging that Defendant Independent School District No. I-050 of Osage County's (Prue Public Schools) failure...

Akinmulero v. Holder, Jr.
Date: August 15, 2011
Docket Number: 10-9538