2011 Tenth Circuit US Court of Appeals Case Law

Opinions 501 - 1000 of 1238

Charlotte v. Hansen
Date: August 15, 2011
Docket Number: 11-1113
Chidester v. Province
Date: August 15, 2011
Docket Number: 11-6100
Craft, Jr. v. Jone
Date: August 15, 2011
Docket Number: 11-6131
United States v. Hoskin
Date: August 12, 2011
Docket Number: 10-4092
United States v. Hoskins  
Date: August 12, 2011
Docket Number: 10-4131

Justia Opinion Summary: Defendant Jodi Hoskins was convicted of tax evasion after she and her husband failed to pay taxes for income they earned through their Salt Lake City escort service. The government contended the Hoskins' failed to…

Chevron Mining Inc. v. United Mine Workers of America  
Date: August 12, 2011
Docket Number: 10-8074

Justia Opinion Summary: Plaintiff-Appellant Chevron Mining, Inc. (CMI) appealed a district court's denial of its motion to vacate an arbitration award that reinstated CMI employee John Weston following his termination for just cause. CMI argued…

Thompkins v. McKune, et al
Date: August 12, 2011
Docket Number: 11-3022
Neal v. Province
Date: August 12, 2011
Docket Number: 11-6130
Tomlinson v. El Paso Corp.  
Date: August 11, 2011
Docket Number: 10-1385

Justia Opinion Summary: Petitioners Wayne Tomlinson, Alice Ballesteros and Gary Muckelroy appealed the dismissal of their claims against El Paso Corporation and the El Paso Pension Plan (collectively "El Paso") brought under the Age…

Chitwood v. Davis  
Date: August 11, 2011
Docket Number: 11-1120

Justia Opinion Summary: Pro se prisoner Petitioner David Chitwood sought a certificate of appealability (COA) to appeal the denial of his application for habeas relief. In 1993, Petitioner was temporarily transferred from the custody of the…

Kinslow v. Wand
Date: August 11, 2011
Docket Number: 11-1185
McGregor v. Thurlow, et al
Date: August 11, 2011
Docket Number: 11-1224
United States v. Roble
Date: August 10, 2011
Docket Number: 10-3119
United States v. Bey
Date: August 10, 2011
Docket Number: 11-3021
United States v. Gomez-Alamilla
Date: August 10, 2011
Docket Number: 11-5021
Standifer v. Ledezma  
Date: August 10, 2011
Docket Number: 11-6025

Justia Opinion Summary: Pro se prisoner Petitioner Steve Standifer challenged a Bureau of Prisons (BOP) regulation that denied him eligibility to participate in its Residential Drug Abuse Program by filing for the writ of habeas corpus. He was…

Kansas Judicial Watch v. Stout  
Date: August 9, 2011
Docket Number: 09-3356

Justia Opinion Summary: Plaintiffs Kansas Judicial Review, the Honorable Charles Hard and Robb Rumsey appealed a district court order that denied their motion for attorney's fees. The Tenth Circuit was asked to decide whether Plaintiffs…

ClearOne Communications, Inc., v. Chiang, et al
Date: August 9, 2011
Docket Number: 09-4128
United States v. Weeks  
Date: August 9, 2011
Docket Number: 09-4171

Justia Opinion Summary: Defendant Robert Weeks pled guilty to conspiracy to commit securities fraud. On appeal to the Tenth Circuit, Defendant argued that his plea was not knowing and voluntary and was the result of ineffective assistance of…

United States v. Kitchell  
Date: August 9, 2011
Docket Number: 09-6176

Justia Opinion Summary: Defendants Edward Shiegmura and John Kitchell were arrested and charged with possessing firearms following prior felony convictions when highway patrol officers stopped and searched their rental vehicle and found…

Sherer v. United States Forest Svc.  
Date: August 9, 2011
Docket Number: 10-1418

Justia Opinion Summary: Plaintiffs David Scherer, John Licht, Mike Lopez, Barbara Brickley and Aaron Johnson brought suit to challenge the U.S. Forest Service's "amenity fee" through which it charges visitors to Mount Evans national park in…

Sandoval v. Martinez-Barnish
Date: August 9, 2011
Docket Number: 10-1518
Strope v. Cummings, et al  
Date: August 9, 2011
Docket Number: 10-3254

Justia Opinion Summary: Pro se prisoner Petitioner Michael Strope had three appeals pending before the Tenth Circuit. He filed each without paying the requisite filing fees. Upon review, the Tenth Circuit concluded that Petitioner was barred…

United States v. Washington  
Date: August 9, 2011
Docket Number: 10-7013

Justia Opinion Summary: After a jury trial, Defendant Deandre Washington was convicted for witness tampering and sentenced to 360 months in prison. The conviction stemmed from Defendant's alleged part in a murder-for-hire scheme designed to…

Damaso-Mendoza v. Holder, Jr.  
Date: August 9, 2011
Docket Number: 10-9579

Justia Opinion Summary: Petitioner Manuel Damaso-Mendoza sought review of a Board of Immigration Appeals' (BIA) decision that found he was removable despite being a lawful permanent resident of the United States. The BIA determined that…

United States v. Garcia
Date: August 9, 2011
Docket Number: 11-3012
United States v. Watson
Date: August 9, 2011
Docket Number: 11-5015
ClearOne Communications, Inc., v. Biamp Systems, et al  
Date: August 8, 2011
Docket Number: 09-4097

Justia Opinion Summary: Plaintiff ClearOne Communications, Inc. (ClearOne) filed suit against Defendant Biamp Systems (Biamp) alleging that Biamp misappropriated ClearOne's trade secrets by licensing a product from another company that…

Pizano-Zeferino v. Holder, Jr.  
Date: August 8, 2011
Docket Number: 10-9537

Justia Opinion Summary: Petitioner Julio Pizano-Zeferino sought review of a Board of Immigration Appeals' order that he be removed from the United States. Petitioner was a Mexican native who entered the United States illegally without being…

Bedolla v. United States  
Date: August 8, 2011
Docket Number: 11-3141

Justia Opinion Summary: Pro se prisoner Defendant Mariano Bedolla was convicted on drug offenses for which he was sentenced to 235 months' imprisonment. Defendant sought a certificate of appealability from the Tenth Circuit to appeal his…

Health Trio, Inc. v. Centennial River Corp.  
Date: August 5, 2011
Docket Number: 10-1351

Justia Opinion Summary: The primary issue in this Chapter 7 bankruptcy case was whether the United States Bankruptcy Appellate Panel for the Tenth Circuit had jurisdiction to review on "order for relief" entered by a bankruptcy judge for the…

United States v. Prince  
Date: August 5, 2011
Docket Number: 10-3180

Justia Opinion Summary: Plaintiff Judah Prince appealed his drug convictions to the Tenth Circuit. His appeal presented two questions of first impression in the Tenth Circuit: (1) does the Constitution bar the government from peremptorily…

United States v. Moore  
Date: August 5, 2011
Docket Number: 11-5026

Justia Opinion Summary: Pro se prisoner Petitioner Christopher Moore, Jr. sought a certificate of appealability (COA) to appeal a district court's dismissal of his motion to vacate, set aside or correct his sentence. Petitioner was convicted in…

Law v. Jones  
Date: August 5, 2011
Docket Number: 11-5040

Justia Opinion Summary: Pro se prisoner Petitioner Kareume Law sought a certificate of appealability (COA) to appeal a district court's dismissal of his habeas corpus petition. Petitioner was convicted by an Oklahoma jury for first degree…

United States v. Eason
Date: August 5, 2011
Docket Number: 11-6027
Gallegos v. Bravo  
Date: August 4, 2011
Docket Number: 11-2093

Justia Opinion Summary: Pro se prisoner Petitioner Ernest Gallegos sought a certificate of appealability (COA) from the Tenth Circuit to appeal a district court's denial of his habeas corpus petition. After a jury trial, Petitioner was…

Murray v. Rudek  
Date: August 4, 2011
Docket Number: 11-6125

Justia Opinion Summary: Pro se prisoner Petitioner Donnott Murray sought a certificate of appealability (COA) from the Tenth Circuit to appeal a district court's denial of his habeas corpus petition. After an Oklahoma state jury trial,…

Rimbert v. Eli Lilly & Co.  
Date: August 3, 2011
Docket Number: 09-2307

Justia Opinion Summary: Shortly after Plaintiff Mark Rimbert's father began taking Prozac, he killed his wife and himself. Plaintiff brought a wrongful death action against Defendant Eli Lilly, the manufacturer of Prozac. Defendant moved for…

United States v. Nghiem
Date: August 3, 2011
Docket Number: 10-3300
United States v. Jone
Date: August 3, 2011
Docket Number: 11-6074
Simmons v. Potter  
Date: August 2, 2011
Docket Number: 10-1452

Justia Opinion Summary: Plaintiff Edward Simmons sued the Postmaster General of the United States claiming that the USPS discriminated against him and subjected him to a hostile work environment as a result of his disability. Plaintiff worked…

Honeyfield v. City of Gallup
Date: August 2, 2011
Docket Number: 10-2052
United States v. Fraser  
Date: August 2, 2011
Docket Number: 10-8049

Justia Opinion Summary: Defendant James Fraser was convicted of murder. He contended that the facts and circumstances surrounding the shooting would have demonstrated why he needed to possess a gun, even if it meant breaking federal law to do…

United States v. Lamberti
Date: August 2, 2011
Docket Number: 11-6106
United States v. Manatau  
Date: August 1, 2011
Docket Number: 10-4101

Justia Opinion Summary: Defendant Afuhia Masiu Manatau was in the business of stealing identities. Defendant stole social security numbers, credit cards and checks for which he would eventually be charged with and indicted for bank fraud and…

United States v. Molina
Date: August 1, 2011
Docket Number: 11-3048
Adkins v. Marten
Date: August 1, 2011
Docket Number: 11-3102
Adkins v. Crow, et al
Date: August 1, 2011
Docket Number: 11-3103
Adkins v. Sanders, et al
Date: August 1, 2011
Docket Number: 11-3129
Adkins v. Sapien, et al
Date: August 1, 2011
Docket Number: 11-3131
Winfrey v. Rudek  
Date: August 1, 2011
Docket Number: 11-5070

Justia Opinion Summary: Pro se prisoner Dwayne Winfrey sought a certificate of appealability from the Tenth Circuit to appeal a district court's order that denied him the writ of habeas corpus. Petitioner was convicted by a jury on drug…

Hill v. Williams, et al
Date: August 1, 2011
Docket Number: 11-6120
James River Ins. Co. v. Rapid Funding, LLC  
Date: July 29, 2011
Docket Number: 10-1145

Justia Opinion Summary: This case stems from a fire that destroyed a Michigan apartment building. The owner, Rapid Funding, LLC (a Colorado company), submitted a claim to its insurer James River Insurance Company (an Ohio company). James River…

United States v. Lente  
Date: July 29, 2011
Docket Number: 10-2194

Justia Opinion Summary: Defendant Camille Lente challenged her sentence as procedurally and substantially unreasonable. Defendant killed three young men and seriously injured a young woman in a car accident that occurred when she was driving…

ICE v. Hamilton Sundstrand, et al
Date: July 29, 2011
Docket Number: 10-3104
Boston v. Blue Cross Blue Shield of KS
Date: July 29, 2011
Docket Number: 10-3263
Kay Electric Cooperative v. City of Newkirk  
Date: July 29, 2011
Docket Number: 10-6214

Justia Opinion Summary: The City of Newkirk and Kay Electric Cooperative both provide electricity to Oklahoma consumers. "When a city acts as a market participant it generally has to play by the same rules as everyone else. It can't abuse its…

Cramer v. Utah  
Date: July 29, 2011
Docket Number: 11-4036

Justia Opinion Summary: Pro se prisoner Albert Cramer petitioned the Tenth Circuit for a certificate of appealability (COA) to appeal a district court's denial of his application for post-conviction relief. The lower court denied the…

White v. Schafer
Date: July 28, 2011
Docket Number: 10-1481
United States v. Beckstrom  
Date: July 28, 2011
Docket Number: 10-4108

Justia Opinion Summary: Defendant Kim Beckstrom was convicted of possessing fifty grams or more of methamphetamine with the intent to distribute. Because he had two prior felony drug convictions, Defendant was sentenced to life under mandatory…

Nikols v. Chesnoff, et al
Date: July 28, 2011
Docket Number: 10-4127
Department of Labor v. Copart, Inc.  
Date: July 28, 2011
Docket Number: 10-5148

Justia Opinion Summary: Intervenor-Appellant Charles Dalton appealed a district court's grant of summary judgment to the Secretary of Labor and order to Defendant Copart, Inc. to pay him back pay with interest as the Secretary requested. Mr.…

Dudley-Barton v. Service Corporation International  
Date: July 28, 2011
Docket Number: 11-1248

Justia Opinion Summary: Plaintiffs Cynthia Dudley-Barton, Richard Ice, Richard Mason, Deana Murphy and Susan Schmitz filed a class action lawsuit against Service Corporation International (SCI) based on allegedly unlawful employment practices…

Howard v. United States Bureau of Prison
Date: July 28, 2011
Docket Number: 11-3019
Lancaster v. Bigelow  
Date: July 28, 2011
Docket Number: 11-4015

Justia Opinion Summary: Pro se prisoner Defendant Ronald Lancaster sought a certificate of appealability (COA) to appeal a district court's dismissal of his unauthorized second or successive petition for post-conviction relief (PCR). Defendant…

Leprino Foods Co. v. Factory Mutual Insurance Co.  
Date: July 27, 2011
Docket Number: 09-1262

Justia Opinion Summary: In one of Plaintiff Leprino Foods Company's warehouses, flavoring compounds derived from nearby-stored fruit products contaminated a large quantity of cheese. Leprino's "all-risk" insurance policy with Defendant Factory…

Kumar v. Copper Mountain, Inc.
Date: July 27, 2011
Docket Number: 09-1559
Ute Mountain Ute Tribe v. Homans
Date: July 27, 2011
Docket Number: 09-2276
United States v. Castellanos-Barba
Date: July 27, 2011
Docket Number: 10-1238
United States v. Merriman  
Date: July 27, 2011
Docket Number: 10-1439

Justia Opinion Summary: In 2009, Appellant Shawn Merriman approached an "otherwise unsuspecting US Attorney's Office" and disclosed that he had engaged in a long-running Ponzi scheme that defrauded investors of over $20 million. At the time of…

United States v. Fulton
Date: July 27, 2011
Docket Number: 10-1547
United States v. Reyes-Alfonso  
Date: July 27, 2011
Docket Number: 10-2091

Justia Opinion Summary: Defendant Daniel Reyes-Alfonso to one count of illegal reentry after deportation in violation of federal law. Using the 2009 Sentencing Guidelines, the district court calculated an advisory prison range of forty-six to…

Rhodes v. Judiscak  
Date: July 27, 2011
Docket Number: 10-2268

Justia Opinion Summary: Petitioner David Rhodes appealed a district court's order that dismissed his petition for post-conviction relief. Petitioner was originally convicted in 1993 on drug-related charges and sentenced to twenty years'…

Banks v. United States, et al
Date: July 27, 2011
Docket Number: 10-3014
J.W. v. Utah  
Date: July 27, 2011
Docket Number: 10-4060

Justia Opinion Summary: This case arose from "an unfortunate situation" of child-on-child abuse within the foster care system. Plaintiffs J.W. and M.R.W. are a foster couple, and their now-adopted foster children were injured after an abusive…

Brock, et al v. Herbert, et al
Date: July 27, 2011
Docket Number: 10-4148
Merryfield v. Jordan, et al
Date: July 27, 2011
Docket Number: 11-3054
United States v. Rios-Tapia
Date: July 27, 2011
Docket Number: 11-4068
United States v. Kelly  
Date: July 27, 2011
Docket Number: 11-4105

Justia Opinion Summary: Petitioner Steven Kelly sought a certificate of appealability (COA) to a district court's dismissal of his motion to vacate, set aside, or correct his sentence. In 2005, Petitioner was convicted of two drug trafficking…

Montez v. State of Wyoming
Date: July 27, 2011
Docket Number: 11-8022
McClelland v. Deluxe Financial Services, Inc
Date: July 26, 2011
Docket Number: 08-3258
United States v. Waseta  
Date: July 26, 2011
Docket Number: 10-2097

Justia Opinion Summary: Defendant Joe Waseta pled guilty to sexually abusing a minor. The offense occurred in the summer of 1989 when the victim was then twelve years old. While the charges against him only alleged one sexual act, the…

United States v. Shavanaux  
Date: July 26, 2011
Docket Number: 10-4178

Justia Opinion Summary: An indictment against Defendant Adam Shavanaux was dismissed. The government appealed that dismissal to the Tenth Circuit. Defendant was indicted in 2010 for assaulting his domestic partner after having been convicted of…

United States v. Williams, Jr.
Date: July 26, 2011
Docket Number: 10-6293
Rural Water Sewer v. City of Guthrie  
Date: July 25, 2011
Docket Number: 08-6003

Justia Opinion Summary: The issue before the Tenth Circuit in this case centered around the right to provide water service to certain customers in and around Guthrie, Oklahoma. Plaintiff-Appellee Rural Water, Sewer and Solid Waste Management…

Castro v. Oklahoma  
Date: July 25, 2011
Docket Number: 08-6226

Justia Opinion Summary: Pro se prisoner Tony Castro requested a certificate of appealability (COA) to appeal a district court order that denied his petition for the writ of habeas corpus. Defendant pled guilty to second degree burglary and…

Pater v. City of Casper  
Date: July 25, 2011
Docket Number: 09-8084

Justia Opinion Summary: The issue central to this case stemmed from a contract dispute between two landowners and the City of Casper Wyoming as to whether the landowners were obligated to reimburse the City for certain street improvements. When…

Merrifield v. Santa Fe Bd. of Cty Comm.  
Date: July 25, 2011
Docket Number: 10-2175

Justia Opinion Summary: Plaintiff Billy Merrifield brought a 42 U.S.C. 1983 action against his former employer Defendant Board of Commissioners for Santa Fe. In his suit, he alleged he had been denied procedural due process with respect to the…

United States v. Martinez
Date: July 25, 2011
Docket Number: 10-2240
Cavaness v. Roberts, et al
Date: July 25, 2011
Docket Number: 10-3316
Barber v. Astrue  
Date: July 25, 2011
Docket Number: 10-5134

Justia Opinion Summary: Plaintiff Duane Barber (Barber) appealed the Commissioner of Social Security's denial of benefits claiming that an Administrative Law Judge (ALJ) failed to properly consider the evidence he presented in support of his…

United States v. Jone
Date: July 25, 2011
Docket Number: 10-8094
United States v. Cabello-Vizcara
Date: July 25, 2011
Docket Number: 11-2061
Brown v. Walmart Stores, Inc.
Date: July 25, 2011
Docket Number: 11-3119
Kilinski v. Astrue  
Date: July 22, 2011
Docket Number: 10-1540

Justia Opinion Summary: Plaintiff Rosemary Kilinski sought social security benefits in 1999. The Commissioner determined that she was disabled as of October 2003. In this case, Plaintiff appealed the district court's judgment that upheld the…

United States v. Cruz-Banega
Date: July 22, 2011
Docket Number: 10-4207
United States v. Scanlon  
Date: July 22, 2011
Docket Number: 11-1061

Justia Opinion Summary: Defendant Nathan Scanlon sought a certificate of appealability (COA) to challenge the district court's denial of his motion to vacate, set aside, or correct his sentence. Defendant pled guilty to receiving and…

United States v. Vazquez
Date: July 22, 2011
Docket Number: 11-4044
San Juan Citizens Alliance v. Stiles  
Date: July 21, 2011
Docket Number: 10-1259

Justia Opinion Summary: The issue central to this appeal involves the Northern San Juan Basin Coal Bed Methane project (Project) which was approved by the U.S. Forest Service and the Bureau of Land Management (BLM). The Project contemplates the…

Leo v. Garmin International, Inc.
Date: July 21, 2011
Docket Number: 10-3146
Chapman v. Barcus, et al
Date: July 21, 2011
Docket Number: 10-5169
Wauford v. Richardson, et al
Date: July 21, 2011
Docket Number: 11-2034
Jordan v. Sosa  
Date: July 20, 2011
Docket Number: 08-1326

Justia Opinion Summary: Plaintiff-Appellant Mark Jordan was incarcerated in solitary confinement in a minimum security facility in Colorado when he filed this action. Plaintiff was convicted of stabbing a fellow inmate while incarcerated for…

Grossman v. Fannie Mae, et al
Date: July 20, 2011
Docket Number: 10-6252
Bustos v. A&E Television Networks  
Date: July 19, 2011
Docket Number: 10-1253

Justia Opinion Summary: Defendant Jerry Bustos' defamation case came before the Tenth Circuit. He sued under Colorado law for statements he made in 1998 that were captured on tape and aired as part of A&E Television Networks' show "Gangland:…

United States v. Haskin
Date: July 19, 2011
Docket Number: 10-3211
Lamar v. Zavaras, et al  
Date: July 19, 2011
Docket Number: 11-1131

Justia Opinion Summary: Pro se prisoner Petitioner Andrew Lamar unsuccessfully sought a certificate of appealability (COA) from the Tenth Circuit. Petitioner was convicted of sexual assault in Colorado in 2007 for which he was sentenced to an…

West v. The People of Colorado, et al
Date: July 19, 2011
Docket Number: 11-1144
United States v. Salas-Urena
Date: July 19, 2011
Docket Number: 11-3182
United States v. Alexander  
Date: July 19, 2011
Docket Number: 11-6047

Justia Opinion Summary: Pro se prisoner Defendant Rodney Alexander sought a certificate of appealability (COA) to appeal the district court's denial of his motion for post-conviction relief. Defendant was originally jailed on drugs charges. He…

United States v. Perry
Date: July 19, 2011
Docket Number: 11-6070
Wells v. Krebs, et al
Date: July 18, 2011
Docket Number: 10-1514
United States v. Chavez
Date: July 18, 2011
Docket Number: 10-2114
Parker v. Salazar
Date: July 18, 2011
Docket Number: 10-8091
Allen v. Zavaras, et al
Date: July 18, 2011
Docket Number: 11-1020
Carter v. Werholtz  
Date: July 18, 2011
Docket Number: 11-3036

Justia Opinion Summary: Pro se prisoner Defendant Jerome Carter sought a certificate of appealability (COA) to appeal the denial of his petition for the writ of habeas corpus. Defendant was charged in 1998 for first-degree murder, felony…

Moncla v. Kelley, et al
Date: July 18, 2011
Docket Number: 11-3078
Peace v. Jone
Date: July 18, 2011
Docket Number: 11-5059
Christian v. AHS Tulsa  
Date: July 15, 2011
Docket Number: 10-5020

Justia Opinion Summary: Plaintiff Michelle Christian appealed the grant of summary judgment in favor of her former employer, Defendant AHS Tulsa Regional Medical Center (Hospital), on her Title VII sex discrimination claims. Plaintiff described…

Brown v. McDonalds USA,LLC, et al
Date: July 15, 2011
Docket Number: 11-3013
McCarty v. Gilchrist  
Date: July 14, 2011
Docket Number: 09-6220

Justia Opinion Summary: Plaintiff Curtis McCarty brought a 42 U.S.C. 1983 action against Joyce Gilchrist, former forensic chemist for the Oklahoma City Police Department (OCPD), the OCPD Chief of Police and Oklahoma City, alleging multiple…

Garrett v. Cook  
Date: July 14, 2011
Docket Number: 10-2214

Justia Opinion Summary: Daniel Cook appealed a district court's order that awarded fees and costs to his opponents Wells Fargo Bank and Scott and Pamela Garrett. The case stemmed from a 2003 lawsuit initiated by the Garretts as trustees of the…

United States v. Wallace
Date: July 14, 2011
Docket Number: 10-3074
Grissom v. Rohling
Date: July 14, 2011
Docket Number: 10-3306
United States v. Cortes-Regalado
Date: July 13, 2011
Docket Number: 10-4217
Adams v. United State
Date: July 13, 2011
Docket Number: 10-6124
United States v. Smith  
Date: July 13, 2011
Docket Number: 10-6209

Justia Opinion Summary: Defendant Fred Smith pled guilty to being a felon in possession of a firearm. He appealed the district court's application of the "Armed Career Criminal Act" (ACCA) to enhance his sentence. Defendant's presentence…

Olson v. AT&T Corporation
Date: July 13, 2011
Docket Number: 11-3028
United States v. Dotson
Date: July 13, 2011
Docket Number: 11-6001
Abrams v. William
Date: July 13, 2011
Docket Number: 11-6046
Amesquita v. CIR
Date: July 13, 2011
Docket Number: 11-9004
United States v. Armijo  
Date: July 12, 2011
Docket Number: 09-1533

Justia Opinion Summary: Defendant Edward Armijo pled guilty to a single count of being a felon illegally in possession of a firearm. Defendant's pre-sentence investigation report (PSR) calculated his base offense level at 24 because he had two…

United States v. Vasquez-Alcarez  
Date: July 12, 2011
Docket Number: 10-1325

Justia Opinion Summary: Defendant Ramon Vasquez-Alcarez pled guilty to illegally reentering the United States after he was deported for an aggravated felony conviction. He was sentenced to 27 months' imprisonment, which fell at the low end of…

United States v. Senninger  
Date: July 12, 2011
Docket Number: 10-1450

Justia Opinion Summary: Defendant Catherine Senninger was convicted on six counts of mail fraud and one count of making a false claim against the Government. She was acquitted on several other counts, including conspiracy and additional mail…

United States v. Martinez  
Date: July 12, 2011
Docket Number: 10-2070

Justia Opinion Summary: The government appealed a district court's order that granted Defendant Joseph Martinez's motion to suppress evidence. Officers responded to a static-filled 911 call from Defendant's home. When officers arrived,…

Huerta v. Bioscrip Pharmacy Services, et al
Date: July 12, 2011
Docket Number: 10-2203
McKenzie v. AAA Auto Family Insurance Co., et al
Date: July 12, 2011
Docket Number: 10-3253
United States v. Sankey
Date: July 12, 2011
Docket Number: 10-6158
United States v. Blind , Jr.
Date: July 12, 2011
Docket Number: 10-6159
Butterick v. Astrue  
Date: July 12, 2011
Docket Number: 10-6191

Justia Opinion Summary: Plaintiff Donna Butterick appealed a district court order that affirmed the Social Security Commissioner's denial of her application for disability insurance. Plaintiff argued on appeal that the Administrative Law Judge…

United States v. Flowers  
Date: July 12, 2011
Docket Number: 11-3049

Justia Opinion Summary: After Defendant Joseph Flowers violated the terms of his supervised release, the district court revoked his release and sentenced him to twelve months' imprisonment and additional supervised release. Defendant appealed…

United States v. Graham
Date: July 12, 2011
Docket Number: 11-3052
United States v. Hawkins  
Date: July 12, 2011
Docket Number: 11-6002

Justia Opinion Summary: Pro se Prisoner Richard Hawkins sought a certificate of appealability (COA) to appeal the district court's denial of his motion to set aside or correct his sentence. In 2009, a grand jury returned a nine-count indictment…

Bouziden v. Addison
Date: July 12, 2011
Docket Number: 11-6063
United States v. Reyes-Soberani
Date: July 11, 2011
Docket Number: 10-1467
United States of America v. Livingston
Date: July 11, 2011
Docket Number: 10-6192
Coppinger v. Zavaras, et al
Date: July 11, 2011
Docket Number: 11-1107
United States v. Ochoa-Tovali  
Date: July 11, 2011
Docket Number: 11-2018

Justia Opinion Summary: Defendant Crescencio Ochoa-Tovali pled guilty to reentering the United States as a previously removed alien in violation of federal law. He was sentenced to 57 months' imprisonment. This sentence reflected Defendant's…

United States v. Jackson
Date: July 11, 2011
Docket Number: 11-2077
Davis v. Rudek  
Date: July 11, 2011
Docket Number: 11-5035

Justia Opinion Summary: Pro se prisoner Petitioner Clark Davis petitioned the Tenth Circuit for a certificate of appealability (COA) so that he could appeal a district court's dismissal of his habeas corpus petition. In 2007, Petitioner pled…

Lobozzo v. Colorado Dept. of Corrections, et al
Date: July 8, 2011
Docket Number: 10-1396
United States v. Madriz-Castillo  
Date: July 8, 2011
Docket Number: 10-1577

Justia Opinion Summary: Defendant Alvaro Madriz-Castillo appealed his 57-month sentence for unlawful reentry as a previously deported alien. He contended that the sentence was procedurally and substantively unreasonable. Upon review, the Tenth…

Koon v. Sedgwick County, Kansa
Date: July 8, 2011
Docket Number: 10-3178
United States v. Frazier
Date: July 8, 2011
Docket Number: 10-3262
Plaintiff v. Defendant
Date: July 8, 2011
Docket Number: 10-4130
Bryner v. County Of Salt Lake, et al
Date: July 8, 2011
Docket Number: 10-4135
ClearOne Communications, Inc. v. Bowers  
Date: July 8, 2011
Docket Number: 10-4196

Justia Opinion Summary: Plaintiff ClearOne Communications, Inc. (ClearOne) filed suit against Defendants Andrew Chiang, Jun Yan, Lonny Bowers, WideBand Solutions, Inc. and Versatile DSP, Inc. (collectively the WideBand Defendants), alleging…

United States v. Lowe  
Date: July 8, 2011
Docket Number: 10-5149

Justia Opinion Summary: Defendant Kenneth Lowe appealed the revocation of his supervised release and the imposition of a 23-month prison term for conspiracy, robbery and aiding and abetting charges. Defendant's counsel filed an "Anders" brief…

Ravenswood Investment Co. v. Avalon Correctional Svcs.  
Date: July 8, 2011
Docket Number: 10-6190

Justia Opinion Summary: Avalon Correctional Services, Inc., a Nevada corporation with its principal place of business in Oklahoma, operates for-profit correctional facilities. Ravenswood Investment Company (RIC) and Ravenswood Investments III…

Tyler v. Arellano, et al
Date: July 8, 2011
Docket Number: 11-1101
Young v. Robson, et al
Date: July 8, 2011
Docket Number: 11-4055
United States v. Soza  
Date: July 7, 2011
Docket Number: 10-2196

Justia Opinion Summary: Defendant Isaac Soza appealed the district court's denial of his motion to suppress evidence seized in a traffic stop. In 2007, a patrol officer stopped Defendant's car for speeding. A criminal database check revealed…

ATK Launch Systems v. EPA  
Date: July 6, 2011
Docket Number: 09-9561

Justia Opinion Summary: Under the federal Clean Air Act, the Environmental Protection Agency (EPA) is charged with establishing national ambient air quality standards (NAAQS) for various air pollutants. In this case, the Tenth Circuit…

United States v. Rodriguez Escobedo
Date: July 6, 2011
Docket Number: 10-1495
United States v. Grillo  
Date: July 6, 2011
Docket Number: 10-8080

Justia Opinion Summary: Defendant Anastasia Grillo entered a guilty plea to charges involving conspiracy and distribution of oxycodone. The district court sentenced her to 78 months in prison. She appealed her sentence, contending that it was…

United States v. Arreola
Date: July 6, 2011
Docket Number: 11-3083
Speer v. Sirmon
Date: July 6, 2011
Docket Number: 11-6067
Salazar v. Butterball, LLC  
Date: July 5, 2011
Docket Number: 10-1154

Justia Opinion Summary: The issues central to this case are whether donning doffing poultry processing workers’ personal protective equipment is "changing clothes" under 29 U.S.C. 204 and whether a turkey processing plant is a “food and…

United States v. Thomas  
Date: July 5, 2011
Docket Number: 10-3023

Justia Opinion Summary: The sole issue on appeal in this case was whether the Kansas offense of eluding a police officer is a “crime of violence” under the United States Sentencing Guidelines (USSG). In 2009, Defendant Kennon Thomas was…

Merryfield v. Disability Rights Center of KS, et al
Date: July 5, 2011
Docket Number: 10-3318
Green v. United State
Date: July 5, 2011
Docket Number: 10-5133
United States v. Hernandez-Odilio
Date: July 5, 2011
Docket Number: 11-3148
United States v. Broemmel
Date: July 1, 2011
Docket Number: 10-1440
Zinna v. Cook, et al
Date: July 1, 2011
Docket Number: 10-1464
Qualls v. Astrue  
Date: July 1, 2011
Docket Number: 10-6288

Justia Opinion Summary: Plaintiff Melissa Qualls appealed a district Court's order that affirmed the Social Security Administration's decision to deny her application for disability insurance benefits. Plaintiff alleged she became disabled in…

United States v. Keck  
Date: July 1, 2011
Docket Number: 10-8008

Justia Opinion Summary: A federal jury found Defendant Barry Keck guilty on eight counts relating to a drug and money-laundering conspiracy in Wyoming. Defendant appealed his conviction, contending that the jury's verdict rested on insufficient…

Kerchee, Jr. v. Jone
Date: July 1, 2011
Docket Number: 11-6058
Rieck v. Jensen  
Date: June 30, 2011
Docket Number: 10-4110

Justia Opinion Summary: Utah County Deputy Sheriff Scott Jensen appealed a district court's ruling that he was not entitled to qualified immunity on claims brought against him by Appellee William Rieck that alleged illegal entry, illegal…

Harper v. Astrue  
Date: June 30, 2011
Docket Number: 10-5136

Justia Opinion Summary: Plaintiff Laurie Harper appealed a district court's order that affirmed the denial of her disability benefits. Plaintiff alleged her disability was based on fibromyalgia and depression. The Social Security Administration…

United States v. Lerma
Date: June 29, 2011
Docket Number: 10-2018
United States v. Balbin-Mesa  
Date: June 29, 2011
Docket Number: 10-2161

Justia Opinion Summary: Defendant Jesus Balbin-Mesa appealed his sentence after he pled guilty to a charge of reentering the United States after having been deported. In March 2010, Defendant filed a motion to ask for a downward adjustment from…

United States v. Morales-Ramirez  
Date: June 29, 2011
Docket Number: 10-2277

Justia Opinion Summary: Defendant Leobardo Moralez-Ramirez challenged the district court's dismissal of his applications for post-conviction relief. He was convicted after a jury trial for conspiring to distribute heroin and sentenced to 240…

Warren v. Milyard  
Date: June 29, 2011
Docket Number: 11-1083

Justia Opinion Summary: Defendant Louis Warren challenged the district court's dismissal of his application for a certificate of appealability (COA). The court found that Defendant's application was barred by the one-year limitations period of…

Nagim v. Irving, et al
Date: June 28, 2011
Docket Number: 10-1531
United States v. Maesta  
Date: June 28, 2011
Docket Number: 10-2204

Justia Opinion Summary: Defendant-Appellant Alex Maestas appealed the district court's calculation of his sentence for attempting to steal a piece of gold from Los Alamos National Laboratory. The gold was a piece of solder used to repair a…

United States v. Rushin  
Date: June 28, 2011
Docket Number: 10-3025

Justia Opinion Summary: Over the course of six days in August 2004, Defendant Samuel Rushin and an accomplice robbed six convenience stores in Wichita at gunpoint. A year later, a jury convicted Defendant on multiple robbery and firearms…

French v. American Airlines, Inc., et al
Date: June 28, 2011
Docket Number: 10-4211
Brown v. Hartford Life Insurance Co.  
Date: June 28, 2011
Docket Number: 10-7081

Justia Opinion Summary: Plaintiff Geral Brown appealed a district court's order that granted summary judgment to Defendant Hartford Insurance Company (Hartford). Plaintiff sued Hartford under the Employee Retirement Income Security Act (ERISA)…

Jimenez-Guzman v. Holder  
Date: June 28, 2011
Docket Number: 10-9549

Justia Opinion Summary: Petitioner Alfonso Jiminez-Guzman sought review of a removal order issued by the Board of Immigration Appeals (BIA). On appeal, he argued that the agency erred in denying his request for a continuance and by applying an…

ClearOne Communications, Inc. v. Yang  
Date: June 27, 2011
Docket Number: 09-4092

Justia Opinion Summary: Plaintiff ClearOne Communications, Inc. (ClearOne) filed suit against Defendants Andrew Chiang, Jun Yan, Lonny Bowers, WideBand Solutions, Inc. and Versatile DSP, Inc. (collectively the WideBand Defendants), alleging…

Lewis v. Sandoval, et al
Date: June 27, 2011
Docket Number: 10-2075
United States v. Jordan  
Date: June 27, 2011
Docket Number: 10-3165

Justia Opinion Summary: Defendant Michael Jordan appealed his sentence of 210 months' imprisonment on drug charges. He raised three issues for the Tenth Circuit's review. All issues pertained to alleged errors at the trial court: the…

United States v. Ransom  
Date: June 24, 2011
Docket Number: 10-3162

Justia Opinion Summary: Defendant Herman Ransom appealed a district court's denial of his motion for acquittal or for a new trial after he was convicted on wire fraud and theft of public money. Defendant was accused of falsifying his time…

Martinez v. DeCesaro, et al
Date: June 24, 2011
Docket Number: 11-1130
United States v. Benavidez
Date: June 24, 2011
Docket Number: 11-2032
Hospice of New Mexico, LLC v. Sebeliu
Date: June 23, 2011
Docket Number: 10-2136
United States v. Springer
Date: June 23, 2011
Docket Number: 10-5037
Hawkinson v. Zavaras, et al
Date: June 23, 2011
Docket Number: 11-1039
Aguilar-Ramos v. Medina, et al
Date: June 23, 2011
Docket Number: 11-1136
United States v. Rubio-Ayala
Date: June 23, 2011
Docket Number: 11-3041
Rodriguez-Rodriguez v. Standifird
Date: June 23, 2011
Docket Number: 11-5033
Alexander v. Daniel
Date: June 22, 2011
Docket Number: 10-1533
United States v. Martinez-Haro  
Date: June 22, 2011
Docket Number: 10-4166

Justia Opinion Summary: Defendant-Appellant Rigoberto Martinez-Haro was indicted with two counts of methamphetamine possession with intent to distribute. Before trial, Defendant's counsel requested he undergo a psychiatric evaluation to…

United States v. Sanchez
Date: June 22, 2011
Docket Number: 10-7041
United States v. Summer
Date: June 22, 2011
Docket Number: 10-8092
Waugh v. Holder  
Date: June 22, 2011
Docket Number: 10-9551

Justia Opinion Summary: Petitioner Vickers Waugh appealed a decision of the Board of Immigration Appeals (BIA) that ordered him removed from the United States. In August 2009, Petitioner pled guilty in Utah state court to one count of felonious…

Nunn v. Chapman, et al
Date: June 22, 2011
Docket Number: 11-1078
In re: Donald & Phyllis Dawes  
Date: June 21, 2011
Docket Number: 09-3129

Justia Opinion Summary: "The Dawses' struggle with the IRS has a lengthy provenance." Decades ago, Donald and Phyllis Dawes pled guilty for failing to file their 1981 through 1983 tax returns. They also failed to pay their taxes from 1986…

Columbian Financial Corp. v. BancInsure, Inc.  
Date: June 21, 2011
Docket Number: 10-3077

Justia Opinion Summary: BancInsure, Inc. appealed a declaratory judgment in favor of Columbian Financial Corporation and a former director, Carl McCaffree (collectively the Insureds). The insurance policy at issue here was a "claims-made"…

United States v. Milton
Date: June 21, 2011
Docket Number: 11-3051
Government Employees Insurance v. Moore, et al
Date: June 20, 2011
Docket Number: 10-1468
Toevs v. Reid  
Date: June 20, 2011
Docket Number: 10-1535

Justia Opinion Summary: Pro se Appellant Janos Toevs appealed the district court's grant of summary judgment to Defendants in his 42 U.S.C. 1983 civil-rights suit. Appellant's lawsuit pertained to the Colorado prison system's "Quality of Life…

Freddie v. Marten Transport, Ltd., et al
Date: June 20, 2011
Docket Number: 10-2094
Stormont-Vail Regional Medical v. Leavitt
Date: June 20, 2011
Docket Number: 10-3123
Muniz v. Moore, et al
Date: June 20, 2011
Docket Number: 11-2052
Ellis v. Parker
Date: June 20, 2011
Docket Number: 11-6091
West Ridge Group, L.L.C. v. First Trust Company of Onaga, et al
Date: June 17, 2011
Docket Number: 10-1164
United States v. Krolopp  
Date: June 17, 2011
Docket Number: 10-1548

Justia Opinion Summary: Defendant-Appellant James Krolopp pled guilty to one count of possessing a sawed-off shotgun and possessing with intent to distribute 50 grams of methamphetamine. The district court sentenced him to 120 months’…

Champ v. Zavaras, et al
Date: June 16, 2011
Docket Number: 10-1308
United States v. Martinez-Simental
Date: June 16, 2011
Docket Number: 10-2054
Castro v. Davi
Date: June 16, 2011
Docket Number: 11-1112
Pavlov v. Smelzer, et al
Date: June 16, 2011
Docket Number: 11-1211
United States v. Major
Date: June 15, 2011
Docket Number: 10-1141
United States v. Aker
Date: June 15, 2011
Docket Number: 10-3326
Trant v. Medicolegal Investigations, et al
Date: June 15, 2011
Docket Number: 10-6247
DeMillard v. Municipality Of Denver, et al
Date: June 15, 2011
Docket Number: 11-1118
Gutierrez v. King
Date: June 15, 2011
Docket Number: 11-2072
Sampson v. Vaughn  
Date: June 15, 2011
Docket Number: 11-6013

Justia Opinion Summary: Petitioner Rodney Sampson was convicted in Oklahoma in 1996 on drug trafficking charges. He was paroled in 2002. The certificate of parole set Petitioner's discharge date to January 2008. In 2006, Petitioner was…

United States v. Holly
Date: June 15, 2011
Docket Number: 11-7014
McKinney v. United State
Date: June 14, 2011
Docket Number: 10-1478
United States v. Galvon-Manzo  
Date: June 14, 2011
Docket Number: 10-4112

Justia Opinion Summary: Co-defendants and co-appellants Ramon Guzman-Manzo and Giovanni Galvon-Manzo each pled guilty to one count of cocaine possession with the intent to distribute. Each was subject to a ten-year mandatory minimum sentence…

Raley v. Hyundai Motor Company, Ltd.  
Date: June 14, 2011
Docket Number: 10-6080

Justia Opinion Summary: Plaintiff-Appellant Misty Raley brought suit against Hyundai Motor Company (Hyundai) alleging that one of its cars was defectively designed and responsible for injuries she suffered in an accident. Before trial began,…

Mikanda v. Kastner
Date: June 14, 2011
Docket Number: 10-6221
United States v. Roman-Fernandez
Date: June 14, 2011
Docket Number: 11-3038
Sandoval v. Jone
Date: June 14, 2011
Docket Number: 11-5022
Davis v. United States, et al
Date: June 14, 2011
Docket Number: 11-6072
United States v. Carnagie  
Date: June 13, 2011
Docket Number: 09-1314

Justia Opinion Summary: Defendant Linda Carnagie entered into a scheme to defraud the U.S. Department of Housing and Urban Development (HUD) by using false information to obtain housing loans insured by the Federal Housing Administration (FHA).…

United States v. Hillman  
Date: June 13, 2011
Docket Number: 10-1166

Justia Opinion Summary: After a jury trial, Defendant David Hillman was convicted on several money laundering charges arising from a scheme to steal hundreds of thousands of dollars from the insurance company for which he worked. Defendant's…

United States v. Thrasher
Date: June 13, 2011
Docket Number: 10-1556
Kelly v. Wilson, et al
Date: June 13, 2011
Docket Number: 10-3218
Fuller v. Robinson
Date: June 13, 2011
Docket Number: 10-3268
United States v. Metcalf  
Date: June 13, 2011
Docket Number: 10-3319

Justia Opinion Summary: In 2007, Petitioner Sandtas Metcalf pled guilty to drug possession charges. The written plea agreement contained a waiver of Petitioner's right to collaterally challenge his prosecution conviction or sentence. Petitioner…

Zaring v. Wiley  
Date: June 13, 2011
Docket Number: 11-1036

Justia Opinion Summary: In 2003, Petitioner Jeffrey Zaring was arrested in Utah three times on drug charges. In 2004, the US Attorney's office filed a petition for a writ of habeas corpus ad presequendum to arraign Petitioner on federal drug…

Knox v. Workman
Date: June 13, 2011
Docket Number: 11-6042
Williams v. Watt
Date: June 13, 2011
Docket Number: 11-7003
Holly v. Gotcher, et al
Date: June 13, 2011
Docket Number: 11-7004
United States v. Montoya
Date: June 10, 2011
Docket Number: 10-1285
McGregor v. Shane's Bail Bonds, et al
Date: June 10, 2011
Docket Number: 10-3233
Wonderly v. Franklin
Date: June 10, 2011
Docket Number: 10-6282
United States v. Mason
Date: June 10, 2011
Docket Number: 10-7091
McGinnis v. Freudenthal, et al
Date: June 10, 2011
Docket Number: 10-8114
United States v. Roger
Date: June 10, 2011
Docket Number: 11-6038
United States v. Diaz-Devia
Date: June 9, 2011
Docket Number: 10-1149
Medicine Blanket v. Brill  
Date: June 9, 2011
Docket Number: 10-1346

Justia Opinion Summary: Petitioner Charles Medicine Blanket unsuccessfully appealed his conviction on sexual assault charges. He sought the writ of habeas corpus from the Tenth Circuit to challenge the district court’s denial of his appeal.…

United States v. Varela-Cia
Date: June 9, 2011
Docket Number: 10-2191
Grissom v. Roberts, et al
Date: June 9, 2011
Docket Number: 10-3245
Jensen, et al v. America's Wholesale Lender, et al
Date: June 9, 2011
Docket Number: 10-4147
United States v. Hunt
Date: June 9, 2011
Docket Number: 11-1081
United States v. Davi
Date: June 9, 2011
Docket Number: 11-6020
United States v. Flores-Santo
Date: June 8, 2011
Docket Number: 10-1261
United States v. Heckard
Date: June 8, 2011
Docket Number: 10-2238
White, Jr. v. Martin
Date: June 8, 2011
Docket Number: 10-7064
Chepsiror v. Holder  
Date: June 8, 2011
Docket Number: 10-9532

Justia Opinion Summary: Petitioner Edwin Chepsiror sought the Tenth Circuit's review of a removal order issued by the Board of Immigration Appeals (BIA). Petitioner was denied asylum by an immigration judge after he withdrew from classes at…

United States v. Sandoval
Date: June 8, 2011
Docket Number: 11-2054
United States v. Washington, III
Date: June 8, 2011
Docket Number: 11-6073
Weise, et al v. Casper, et al
Date: June 7, 2011
Docket Number: 10-1438
Lewis v. McKinley Co Board of Co Comm'r
Date: June 7, 2011
Docket Number: 10-2221
Pallotino, et al v. City of Rio Rancho, et al
Date: June 7, 2011
Docket Number: 10-2243
Moral v. Grant County Sheriff, et al
Date: June 7, 2011
Docket Number: 10-3295
Weigel v. Astrue  
Date: June 7, 2011
Docket Number: 10-5154

Justia Opinion Summary: Plaintiff Angela Weigel appealed a district court order that denied her supplemental Social Security Income benefits. On appeal to the Tenth Circuit, she challenged the court's findings that she was able to work despite…

United States v. King, et al
Date: June 7, 2011
Docket Number: 10-6097
Bass v. Pottawatomie County, et al  
Date: June 7, 2011
Docket Number: 10-6215

Justia Opinion Summary: Plaintiff Johnny Bass brought a civil rights case against Defendants Pottawatomie County Public Safety Center (the Jail) and its warden. A jury found that the jail acted with deliberate indifference to Plaintiff's safety…

Tyler v. Tsurumi (America), Inc.
Date: June 7, 2011
Docket Number: 10-8039
Powell v. Laborers Union #1271
Date: June 7, 2011
Docket Number: 10-8087
Chen v. Holder, Jr.  
Date: June 7, 2011
Docket Number: 10-9562

Justia Opinion Summary: Petitioner Yong Chen petitioned the Tenth Circuit for review of the Board of Immigration Appeals' (BIA) denial of his applications for asylum, restriction on removal and for relief under the Convention Against Torture…

Vasiliu v. Holder, Jr.  
Date: June 7, 2011
Docket Number: 10-9563

Justia Opinion Summary: Petitioner Ioan Vasilu petitioned the Tenth Circuit for review of a removal order from the Board of Immigration Appeals (BIA). The BIA affirmed an immigration judge's determination that Petitioner was removable as a…

United States v. Bullcoming
Date: June 7, 2011
Docket Number: 11-6049
United States v. Berry
Date: June 7, 2011
Docket Number: 11-6081
Aduddel v. Gardner Tanenbaum Group, LLC
Date: June 6, 2011
Docket Number: 10-6139
Li Jie v. Eric Holder, Jr.
Date: June 6, 2011
Docket Number: 10-9586
Mullins v. Chester
Date: June 3, 2011
Docket Number: 10-3309
United States v. Lopez-Rodriguez
Date: June 3, 2011
Docket Number: 11-2049
Simmons v. Sykes Enterprises Inc.  
Date: June 2, 2011
Docket Number: 09-1558

Justia Opinion Summary: Plaintiff-Appellant Patricia Simmons appealed the district court's grant of summary judgment to her former employer, Defendant-Appellee Sykes Enterprises, Incorporated. Ms. Simmons claimed Sykes terminated her on the…

United States v. Crabbe
Date: June 2, 2011
Docket Number: 10-1226
Kerber v. Qwest Group Life Insurance Plan  
Date: June 2, 2011
Docket Number: 10-1349

Justia Opinion Summary: The Plaintiffs in this action were participants and beneficiaries of a life insurance plan offered by Defendant Qwest Communications International. In 2007, Plaintiffs filed a lawsuit against Qwest, arguing that the Plan…

United States v. Ochoa-Oliva  
Date: June 2, 2011
Docket Number: 10-2250

Justia Opinion Summary: On the morning his trial was set to commence, Defendant Mario Ochoa-Olivas pled guilty to one count of illegal reentry to the United States. Using the Sentencing Guidelines, the district court calculated an advisory…

United States v. Sierra-Ledesma  
Date: June 2, 2011
Docket Number: 10-3066

Justia Opinion Summary: In 2009, when Dodge City police officers pulled Defendant Eusebio Sierra-Ledesma over for speeding, they found that Defendant had been deported in 2008 with no new authority to reenter or remain in the U.S. A jury…

Ba v. Holder, Jr.
Date: June 2, 2011
Docket Number: 10-9580
Holt v. Bravo, et al
Date: June 2, 2011
Docket Number: 11-2060
Whitington v. Lawson  
Date: June 1, 2011
Docket Number: 10-1299

Justia Opinion Summary: Plaintiff-Appellant Michael Whittington filed a civil rights lawsuit, alleging that prison officials violated his Eighth Amendment rights by forcing him to choose between spending funds in his inmate bank account on…

United States v. Shipp  
Date: June 1, 2011
Docket Number: 10-5069

Justia Opinion Summary: Defendant-Appellant Vauda Shipp, Jr. was convicted of possessing a firearm after a felony conviction. At sentencing, he was classified as an "armed career criminal" based on three predicate convictions for violent…

Salman Ranch, Ltd. v. Commissioner of Internal Revenue  
Date: May 31, 2011
Docket Number: 09-9015

Justia Opinion Summary: The Commissioner of the Internal Revenue Service (IRS) appealed a Tax Court decision that granted summary judgment in favor of Salman Ranch, Ltd. The Partnership owned a ranch in New Mexico. The Partners individually…

Fowler v. United States  
Date: May 31, 2011
Docket Number: 10-1046

Justia Opinion Summary: Plaintiff-Appellant Jason Fowler appealed the district court's determination that the government was entitled to summary judgment on a tort action he filed against the US and an employee of the US Air Force. Mr. Fowler…

United States v. Mutte  
Date: May 31, 2011
Docket Number: 10-2160

Justia Opinion Summary: Defendant-Appellant Keith Mutte challenged his conviction for "assault resulting in bodily injury." The charge stemmed from a domestic dispute between Defendant and his then-girlfriend. While Defendant and the girlfriend…

Argota v. Miller
Date: May 31, 2011
Docket Number: 10-6251
Sierra Club v. Two Elk Generation Partners, LP  
Date: May 31, 2011
Docket Number: 10-8032

Justia Opinion Summary: Plaintiff-Appellant Sierra Club filed a petition with the Tenth Circuit in an attempt to stop Defendant-Appellee Two Elk Generation Partners, LP (Two Elk) from building a coal-fired power plant in Wyoming. Sierra Club…

White v. Mullin  
Date: May 31, 2011
Docket Number: 11-6024

Justia Opinion Summary: Defendant George White unsuccessfully applied for a writ of habeas corpus at the district court. In April 2010, Defendant filed an application in state court for post conviction relief, which the trial and appellate…

Crowe & Dunlevy, P.C. v. Stidham  
Date: May 27, 2011
Docket Number: 09-5071

Justia Opinion Summary: This case stems from Plaintiff Crowe & Dunlevy, P.C.'s (Crowe) legal representation of the Thlopthlocco in the Muscogee (Creek) Nation District Court in 2007. Nathan Anderson, a member of the Thlopthlocco Nation…

Byrd v. Workman  
Date: May 27, 2011
Docket Number: 09-5146

Justia Opinion Summary: Petitioner Kirk Byrd appealed the district court's denial of his habeas petition. Petitioner alleged that he received ineffective assistance of counsel because his trial counsel failed to investigate whether his prior…

United States v. Fishman  
Date: May 27, 2011
Docket Number: 09-5155

Justia Opinion Summary: Defendant-Appellant Steven Fishman was found guilty of conspiracy to commit mail and wire fraud and to commit money laundering. He was sentenced to 26 months' imprisonment, three years of supervised release, and ordered…

United States v. Thornburgh
Date: May 27, 2011
Docket Number: 09-5156
United States v. Aragon-Concha
Date: May 27, 2011
Docket Number: 10-3232
Alexander v. Zavaras, et al
Date: May 26, 2011
Docket Number: 10-1206
United States v. Thompson  
Date: May 26, 2011
Docket Number: 10-1404

Justia Opinion Summary: Defendant Christine Thompson pled guilty to conspiracy and securities fraud. The district court sentenced her to 57 months' imprisonment, three years of supervised release, and ordered her to pay $1.39 million in…

Pinson v. Pacheco, et al
Date: May 26, 2011
Docket Number: 10-1553
Killingsworth v. Tapia, et al
Date: May 26, 2011
Docket Number: 10-2169
Richwine v. Romero
Date: May 26, 2011
Docket Number: 10-2247
Allen v. Turley  
Date: May 26, 2011
Docket Number: 10-4212

Justia Opinion Summary: Defendant Paul Allen requested a certificate of appealability to appeal the district court's denial of his application for post-conviction relief. Defendant was accused of the aggravated murder of his wife. He was also…

Thornbrugh v. United States  
Date: May 26, 2011
Docket Number: 10-5164

Justia Opinion Summary: Defendant James Thornbrugh appealed the district court's denial of his petition for writs of coram nobis and audita querela. Defendant had unsuccessfully filed successive habeas petitions to challenge his sentence.…

St. James v. Zavaras, et al
Date: May 26, 2011
Docket Number: 11-1091
United States v. Dyck-Quiring
Date: May 26, 2011
Docket Number: 11-3015
Gillon v. The Federal Bureau of Prisons, et al
Date: May 25, 2011
Docket Number: 10-1425
Wise v. Chester
Date: May 25, 2011
Docket Number: 10-3292
United States v. Chon
Date: May 25, 2011
Docket Number: 10-4226
United States v. Heath
Date: May 25, 2011
Docket Number: 10-7087
United States v. McDaniel
Date: May 24, 2011
Docket Number: 09-3273
United States v. Temple
Date: May 24, 2011
Docket Number: 09-3289
United States v. Goodwin
Date: May 24, 2011
Docket Number: 09-3316
United States v. Chavez
Date: May 24, 2011
Docket Number: 10-1415
In re Motor Fuel Temperature Sales Practices Litigation  
Date: May 24, 2011
Docket Number: 10-3086

Justia Opinion Summary: Appellants challenged a district court’s discovery order that directed them to disclose what they called privileged information. To achieve this end, the Appellants filed an interlocutory appeal and a petition for writ…

Cardenas-Tafoya v. Holder, Jr.
Date: May 24, 2011
Docket Number: 10-9568
United States v. Wesley
Date: May 23, 2011
Docket Number: 09-3307
United States v. Foy  
Date: May 23, 2011
Docket Number: 09-3314

Justia Opinion Summary: In 2009, a jury found Defendant-Appellant Shevel Foy guilty of multiple drug possession and trafficking charges. The district court imposed concurrent sentences of 360 months’ imprisonment for each charge. Defendant…

United States v. Rodarte-Morale
Date: May 20, 2011
Docket Number: 10-3310
Sheppard v. Astrue  
Date: May 20, 2011
Docket Number: 10-6172

Justia Opinion Summary: Plaintiff-Appellant Carl Sheppard appealed the district court’s order which denied his applications for disability insurance and supplemental security income benefits under the Social Security Act. The Administrative Law…

Parker v. Jone
Date: May 20, 2011
Docket Number: 10-6219
United States v. Ratliff
Date: May 20, 2011
Docket Number: 11-7018
United States v. Saignaphone  
Date: May 19, 2011
Docket Number: 10-1560

Justia Opinion Summary: Defendant Manikhone Saignaphone pled guilty to conspiracy to defraud the government. The district court sentenced her to 26 months’ imprisonment. Defendant appealed the sentence, arguing that her sentence was…

United States v. Vazquez-Villa
Date: May 19, 2011
Docket Number: 10-3138
United States v. Verdugo-Montoya
Date: May 18, 2011
Docket Number: 10-2092
Borde v. Board of County Commissioners, et al
Date: May 18, 2011
Docket Number: 10-2174
United States v. Silva
Date: May 18, 2011
Docket Number: 10-2272
United States v. Thoma
Date: May 18, 2011
Docket Number: 10-5119
Hutchinson v. Milyard  
Date: May 18, 2011
Docket Number: 11-1022

Justia Opinion Summary: Petitioner-Appellant Ronald Hutchinson appealed the district court's dismissal of his habeas petition. He alleged his sentence and the application of mandatory parole violated his constitutional rights. Petitioner pled…

United States v. Simpson-El  
Date: May 18, 2011
Docket Number: 11-3059

Justia Opinion Summary: Plaintiff-Appellee Kapelle Simpson-El appealed the district court's denial of his motion for post-conviction relief. His petition was based upon the alleged ineffectiveness of his trial counsel, arguing that his counsel…

Mathews v. Denver Newspaper Agency LLP  
Date: May 17, 2011
Docket Number: 09-1233

Justia Opinion Summary: Plaintiff-Appellant John Matthews appealed the district court’s decision that granted summary judgment to Defendant-Appellee Denver Newspaper Agency, LLP. Plaintiff worked for the Agency under a collective bargaining…

Ellis v. Estep, et al
Date: May 17, 2011
Docket Number: 10-1295
Aragon v. City of Albuquerque, et al
Date: May 17, 2011
Docket Number: 10-2129
United States v. West  
Date: May 17, 2011
Docket Number: 10-4123

Justia Opinion Summary: Defendant-Appellant Jeremiah West appealed his sentence from multiple firearms and drugs charges. Defendant pled guilty to one count of possessing a firearm as a convicted felon in exchange for the government’s agreement…

United States v. Creighton  
Date: May 12, 2011
Docket Number: 10-1033

Justia Opinion Summary: Defendant Ronald Creighton appealed the district court’s denial of his motion to suppress evidence obtained from three separate searches. To support his and his associates’ drug habit, Defendant stole large quantities of…

United States v. Saignaphone
Date: May 12, 2011
Docket Number: 10-1444
United States v. Villalobos-Lopez
Date: May 12, 2011
Docket Number: 10-1466
United States v. Gutierrez-Vicente
Date: May 12, 2011
Docket Number: 10-2276
United States v. Lain  
Date: May 12, 2011
Docket Number: 10-3201

Justia Opinion Summary: A jury acquitted Defendant Kenneth Lain on firearms charges. After his acquittal, Defendant filed a motion for attorney’s fees under the Hyde Amendment, 18 U.S.C. 3006A. The district court denied his motion, and…

United States v. Vigil  
Date: May 12, 2011
Docket Number: 10-4114

Justia Opinion Summary: Defendant-Appellant Neil Vigil was arrested after police pulled him over and found “a vast cache of counterfeit identifications” and other materials indicative of identity theft. Defendant ultimately reached a plea deal…

United States v. Harrison  
Date: May 11, 2011
Docket Number: 10-5061

Justia Opinion Summary: Plaintiff-Appellant Johnny Harrison was indicted on firearms charges. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) discovered the firearm during a warrantless search of Plaintiff's apartment. On the day…

United States v. Trestyn  
Date: May 11, 2011
Docket Number: 10-8029

Justia Opinion Summary: Defendants-Appellants Adam Trestyn and Crystal Herren both challenged the district court proceedings that led to their guilty pleas for possession with the intent to distribute "ecstasy." Herren argued that the district…

Montez v. Owens, et al  
Date: May 10, 2011
Docket Number: 08-1399

Justia Opinion Summary: In the early 1990s, Colorado state prisoners initiated a class action lawsuit alleging that state officials were committing ongoing violations of disabled prisoners’ rights under the Americans with Disabilities Act, the…

United States v. Rayford
Date: May 10, 2011
Docket Number: 10-3192
United States v. Rayford (Kenneth)
Date: May 10, 2011
Docket Number: 10-3291
Deal v. Cline  
Date: May 10, 2011
Docket Number: 10-3324

Justia Opinion Summary: Petitioner-Appellant Todd Deal appealed the district court's denial of his habeas petition. The petition was based on "a myriad of claims of constitutional violations." The district court denied both his petition and a…

United States v. Poche  
Date: May 10, 2011
Docket Number: 10-8040

Justia Opinion Summary: Plaintiff-Appellant the United States appealed the district court’s award of attorney’s fees and costs to the Plaintiffs-Appellees Edward and Cynthia Poche. Mr. Poche suffered from abdominal pain that was treated by…

Rodriguez-Heredia v. Holder, Jr.  
Date: May 10, 2011
Docket Number: 10-9531

Justia Opinion Summary: Petitioner Felix Sanchez Rodriguez-Heredia, a Mexican national, petitioned the Tenth Circuit to review two decisions of the Board of Immigration Appeals (BIA). One decision, a request for a change in Petitioner's custody…

Farmers Insurance Exchange, et al v. Countryman  
Date: May 10, 2011
Docket Number: 11-1066

Justia Opinion Summary: Defendants-Appellants Farmers Insurance Exchange (Farmers) and Mid-Century Insurance Company (Mid-Century) removed a putative class action suit from state court to federal district court. Upon motion of…

Jelani v. Province
Date: May 10, 2011
Docket Number: 11-5024
Ramah Navajo Chapter v. Salazar  
Date: May 9, 2011
Docket Number: 08-2262

Justia Opinion Summary: Pursuant to the Indian Self-determination and Education Assistance Act (ISDA), the United States enters into contracts with Indian tribes and tribal organizations for “the planning, conduct and administration of programs…

Anderson-Bey v. Zavara  
Date: May 9, 2011
Docket Number: 10-1159

Justia Opinion Summary: Defendant Virgil Anderson-Bey applied for a writ of habeas corpus to the district court, arguing there was insufficient evidence to support his conviction of robbing a sandwich shop employee, and that his sentence was…

Whitington v. Moschetti, et al
Date: May 9, 2011
Docket Number: 10-1247
Bass v. New Mexico Dept. of Health  
Date: May 9, 2011
Docket Number: 10-2002

Justia Opinion Summary: Plaintiff-Appellant Jessica Cohon sought funding through New Mexico’s Medicaid program. She qualified for the “Mi Via Waiver” program, and submitted budget requests which were partly granted, partly denied. After an…

McDonald-Cuba v. Santa Fe Protective Svcs, Inc.  
Date: May 9, 2011
Docket Number: 10-2151

Justia Opinion Summary: Plaintiff-Appellant Lynn McDonald-Cuba sued her former employer, Defendant-Appellee Santa Fe Protective Services, Inc.(SFPS), and sought damages for alleged violations of Title VII of the Civil Rights Act of 1964, 42…

Krauser v. Astrue  
Date: May 6, 2011
Docket Number: 10-5103

Justia Opinion Summary: Plaintiff Richard Krauser appealed the district court’s order that denied him social security and supplemental security income benefits. The Administrative Law Judge (ALJ) denied Plaintiff’s benefits on the last step of…

Carter, et al v. Kirk, et al
Date: May 6, 2011
Docket Number: 10-6107
United States v. Powell
Date: May 6, 2011
Docket Number: 10-8028
Carter v. Wand
Date: May 6, 2011
Docket Number: 11-1065
Leverington v. City of Colorado Springs  
Date: May 5, 2011
Docket Number: 09-1550

Justia Opinion Summary: For over a year, Plaintiff-Appellant Miriam Leverington worked as a cardiac nurse for the internal staffing agency of Memorial Health system (Memorial), which is an enterprise of the City of Colorado Springs (City).…

Driggers v. Clark, et al
Date: May 5, 2011
Docket Number: 10-6267
Condermarin-Caceres v. Holder, Jr.
Date: May 5, 2011
Docket Number: 10-9561
United States v. Mollner  
Date: May 4, 2011
Docket Number: 09-4158

Justia Opinion Summary: Defendant-Appellant Christopher Mollner plead guilty to armed bank robbery. Prior to sentencing, the district court granted the Government’s motion to compel Defendant to testify at the trial of his co-defendant, and…

Chicago Insurance Company v. Hamilton
Date: May 4, 2011
Docket Number: 10-1381
Wright v. Compgeeks.com  
Date: May 4, 2011
Docket Number: 10-4149

Justia Opinion Summary: In 2001, a company calling itself “Computer Geeks, a California corporation,” sued Plaintiff Jason Wright in Utah state court for failing to assign a domain name. Mr. Wright did not respond to the company’s motion for…

Shulman, et al v. Lamphere
Date: May 4, 2011
Docket Number: 10-6213
Equal Employment Opportunity Comm'n v. C.R. England, Inc.  
Date: May 3, 2011
Docket Number: 09-4207

Justia Opinion Summary: Plaintiff-Appellant the Equal Employment Opportunity Commission (EEOC) brought suit against Defendant-Appellee C.R. England, Inc. (C.R. England) alleging a violation of the Americans with Disabilities Act of 1990 (ADA),…

Rosa v. Williams  
Date: May 3, 2011
Docket Number: 10-2162

Justia Opinion Summary: Plaintiff-Appellant Peter Rosa sought a Certificate of Appealability (COA) so that he could challenge the district court’s dismissal of his habeas petition. Plaintiff was charged with first-degree murder, tampering with…

Lee v. Max International, Inc.  
Date: May 3, 2011
Docket Number: 10-4129

Justia Opinion Summary: Plaintiffs Markyl Lee and Promises to Keep, LLC, failed to produce documents in response to a discovery request. They then proceeded to violate two judicial orders compelling production of those documents. After…

Torres v. Ledezma
Date: May 3, 2011
Docket Number: 10-6128
Sanchez v. Ledezma
Date: May 3, 2011
Docket Number: 10-6144
United States v. Yelloweagle  
Date: May 2, 2011
Docket Number: 09-1247

Justia Opinion Summary: Congress enacted an elaborate system of registration and reporting requirements for individuals convicted of sex offenses. The law requires all sex offenders to register, regardless of whether their convictions were…

Selsor v. Workman  
Date: May 2, 2011
Docket Number: 09-5180

Justia Opinion Summary: Petitioner Michael Selsor, an Oklahoma State prisoner, was convicted of first degree murder and sentenced to death for the shooting of two clerks and the robbery of a convenience store in Tulsa in 1975. From 1975 to the…

United States v. Garcia-Ruiz
Date: April 29, 2011
Docket Number: 10-1030
United States v. Smith
Date: April 29, 2011
Docket Number: 10-1117
United States v. Chacon
Date: April 29, 2011
Docket Number: 10-1326
United States v. Roe, et al
Date: April 29, 2011
Docket Number: 10-1419
United States v. Lockhart
Date: April 29, 2011
Docket Number: 10-1559
United States of America v. Harrell, et al  
Date: April 29, 2011
Docket Number: 10-2153

Justia Opinion Summary: In this case the Court was asked to determine who won an eminent domain action in which the winner should have been awarded attorney's fees. Despite winning the judgment, Appellees were denied attorney's fees.…

Novell, Inc. v. Vigilant Insurance Company
Date: April 29, 2011
Docket Number: 10-4102
Henshaw v. Wayne County, et al  
Date: April 29, 2011
Docket Number: 10-4115

Justia Opinion Summary: Plaintiff-Appellant Dee Henshaw appealed the district court’s decision to grant summary judgment to two Wayne County, Utah deputy sheriffs who arrested him in the course of enforcing a restraining order. Defendant Deputy…

United States v. Thompson
Date: April 29, 2011
Docket Number: 10-5083
Efagene v. Holder, Jr  
Date: April 29, 2011
Docket Number: 10-9546

Justia Opinion Summary: Petitioner Francis Efagene petitioned the court for review of a final order issued by the Board of Immigration Appeals (BIA). Petitioner was admitted to the United States as a lawful permanent resident in 1991. In 2005,…

United States v. Smith
Date: April 28, 2011
Docket Number: 10-1271
United States v. Commanche  
Date: April 28, 2011
Docket Number: 10-2158

Justia Opinion Summary: Defendant Bryan Commanche appealed the district court's calculation of his sentence, arguing that the court erred in applying an enhancement to the US Federal Sentencing Guidelines to his sentence. Defendant was…

Harris v. Dinwiddie  
Date: April 28, 2011
Docket Number: 10-5144

Justia Opinion Summary: Petitioner Chad Harris appealed the district court's dismissal of his habeas petition. The district court concluded he "had not made a substantial showing" that he was denied his constitutional rights. In 2005,…

United States v. Jones  
Date: April 28, 2011
Docket Number: 10-5159

Justia Opinion Summary: Defendant-Appellant Curtis Jones sought a Certificate of Appealability (COA) from the Tenth Circuit to get the district court to reconsider his sentence. The court already dismissed Defendant's motion to vacate, set…

United States v. Navarro-Flore
Date: April 28, 2011
Docket Number: 10-8042
Skehen, et al v. Soos
Date: April 27, 2011
Docket Number: 10-2007
Bland v. Astrue
Date: April 27, 2011
Docket Number: 10-3223
Schmitt v. Rice, et al
Date: April 27, 2011
Docket Number: 10-3269
United States v. Mouille  
Date: April 27, 2011
Docket Number: 10-4175

Justia Opinion Summary: In July, 2010, Anthony Mouille plead guilty to counts of identity fraud and theft that stemmed from his possession of stolen and counterfeit checks he intended to use to commit bank fraud. The district court imposed an…

United States v. Miller  
Date: April 27, 2011
Docket Number: 10-6229

Justia Opinion Summary: A jury found Defendant Robert Miller guilty of possessing a firearm after previously being convicted of a felony. He was sentenced to 240 months’ imprisonment. Defendant appealed his conviction and sentence, arguing that…

Kozel v. Duncan  
Date: April 27, 2011
Docket Number: 10-7065

Justia Opinion Summary: Plaintiff-Appellee Paul Kozel owns and operates the Wranglers Club, a dance club and pool hall in Pushmataha County, Oklahoma, that sells "low-point" beer to its patrons. In January, 2007, Plaintiff complained to the…

Francis v. Province
Date: April 27, 2011
Docket Number: 11-6012
Coll, II, et al v. First American Title Insurance, et al  
Date: April 26, 2011
Docket Number: 08-2174

Justia Opinion Summary: In New Mexico, title insurance is totally regulated by the state. Under its “Title Insurance Act,” the state superintendent of insurance holds yearly public hearings to establish premium rates insurers can charge for…

Tiscareno v. Anderson  
Date: April 26, 2011
Docket Number: 09-4238

Justia Opinion Summary: Plaintiff-Appellee Abby Tiscareno ran a licensed day care in Summit County, Utah. One morning in November, 2003, James Molineux dropped off his two sons. Plaintiff had cared for the Molineux boys since September. The…

United States v. Gwin
Date: April 26, 2011
Docket Number: 10-1223
Martinez v. Astrue  
Date: April 26, 2011
Docket Number: 10-5097

Justia Opinion Summary: Plaintiff appealed the administrative law judge's ("ALJ") denial of his application for supplemental security income alleging that he became disabled beginning in March 20, 2005 due to depression, post-traumatic stress…

Marshall v. Morton, et al
Date: April 26, 2011
Docket Number: 10-6284
Davis v. Jone
Date: April 26, 2011
Docket Number: 10-7093
Calcari v. Zavaras, et al
Date: April 26, 2011
Docket Number: 11-1019
Rosenzweig v. Johns Manville
Date: April 25, 2011
Docket Number: 10-1267
Crowe v. ADT Security Services, Inc.  
Date: April 25, 2011
Docket Number: 10-1298

Justia Opinion Summary: Plaintiff-Appellant Wythe Crowe appeals the district court's grant of summary judgment in favor of Defendant-Appellee ADT Security Services on his claims of discrimination and retaliation in violation of Title VII of the…

United States v. Vaquera-Juanes  
Date: April 25, 2011
Docket Number: 10-2063

Justia Opinion Summary: Appellant Jose Santos Vaquera-Juanes was indicted for knowingly attempting to re-enter the United States after having been previously deported. Appellant plead guilty to the charge, and was sentenced to forty-nine…

United States v. Maestas  
Date: April 25, 2011
Docket Number: 10-2226

Justia Opinion Summary: Defendant-Appellant Moses Earnest Maestas appealed his conviction of possession of intent to distribute fifty grams or more of methamphetamine ("meth"), and for possession of a firearm related to drug trafficking.…

United States v. Vasquez
Date: April 25, 2011
Docket Number: 10-8051
Graham v. Smelser, et al
Date: April 25, 2011
Docket Number: 11-1038
Reed v. Six, et al
Date: April 22, 2011
Docket Number: 10-3334
United States v. Bowler
Date: April 22, 2011
Docket Number: 10-6118
United States v. Ludwig  
Date: April 22, 2011
Docket Number: 10-8009

Justia Opinion Summary: Defendant-Appellant Sergei Ludwig challenges his indictment on drug trafficking charges stemming from being pulled over by police for speeding. The trooper became suspicious when Defendant offered a strange story about…

United States v. Ciocchetti
Date: April 22, 2011
Docket Number: 10-8101
Williams v. Hill  
Date: April 21, 2011
Docket Number: 10-7097

Justia Opinion Summary: Plaintiff-Appellant Milton Williams appealed the dismissal of his 42 U.S.C. §1983 suit. In 2008, Appellant submitted a handwritten "Request to Staff" (RTS) on a self-prepared form, complaining that his prison spending…

United States v. Beltran-Nino
Date: April 21, 2011
Docket Number: 11-2020
United States v. Phelp
Date: April 20, 2011
Docket Number: 10-3264
Mauerhan v. Wagner Corporation  
Date: April 19, 2011
Docket Number: 09-4179

Justia Opinion Summary: Plaintiff-Appellant Mauerhan and the Chapter 7 Bankruptcy Trustee brought suit against Mauerhan's former employer Defendant-Appellee Wagner Corporation alleging a violation of the Americans with Disabilities Act (ADA).…

Tuttamore v. Davis, et al
Date: April 19, 2011
Docket Number: 10-1524
United States v. Gallaway
Date: April 19, 2011
Docket Number: 10-2261
Del Real v. State of Kansa
Date: April 19, 2011
Docket Number: 10-3199
C.O.P. Coal Development Co. v. C.W. Mining Company  
Date: April 19, 2011
Docket Number: 10-4054

Justia Opinion Summary: This appeal asks whether the bankruptcy court correctly determined that an operating agreement between the Debtor C.W. Mining Company (CWM) and Appellant C.O.P. Coal Development Company (COP) was property of the debtor's…

United States v. Huff  
Date: April 19, 2011
Docket Number: 10-4079

Justia Opinion Summary: Defendant-Appellant Huff appealed his convictions on money laundering charges, challenging the lower court's finding that the deposit of checks obtained through wire fraud constitutes money laundering. Defendant received…

United States v. Torres Rodriguez
Date: April 19, 2011
Docket Number: 10-5141
Mid-Continent Casualty v. Bluetone Enterprises  
Date: April 19, 2011
Docket Number: 10-6165

Justia Opinion Summary: A truck owned by Defendant-Appellant Blutone Enterprises was involved in an accident that resulted in personal injury to three people. Plaintiff-Appellee Mid-Continent Casualty Company brought suit seeking a declaratory…

Geras v. International Business Machines  
Date: April 18, 2011
Docket Number: 10-1352

Justia Opinion Summary: The Court affirmed the lower court’s decision dismissing Plaintiff-Appellant David Geras’ contract claim for unpaid commissions and severance against his former employer International Business Machines (IBM). IBM…

Pfuetze v. State of Kansas, et al
Date: April 18, 2011
Docket Number: 10-3278
Aguiar v. Bartlesville Care Center
Date: April 18, 2011
Docket Number: 10-5002
BancFirst v. Ford Motor Company
Date: April 18, 2011
Docket Number: 10-6137
Villalpando v. Salazar  
Date: April 15, 2011
Docket Number: 10-4086

Justia Opinion Summary: The Court affirmed the lower court’s grant of summary judgment to Defendant, the Department of the Interior. Plaintiff-Appellant Villalpando sued under Title VII of the Civil Rights Act of 1964 and Colorado state law,…

Rodriguez, et al v. City of Albuquerque
Date: April 14, 2011
Docket Number: 10-2041
Hansen v. Harper Excavating, Inc.  
Date: April 13, 2011
Docket Number: 08-4089

Justia Opinion Summary: The employee attempted to enroll in his employer's ERISA-regulated health care plan. The employer deducted premiums, but did not enroll the employee, who subsequently left the company and fell ill. The employee won…

United States v. Eskridge
Date: April 13, 2011
Docket Number: 09-3343
United Steel Int'l Union v. ConocoPhillips Company
Date: April 13, 2011
Docket Number: 09-5143
United States of America v. McConnel
Date: April 13, 2011
Docket Number: 10-6109
Green v. Astrue
Date: April 13, 2011
Docket Number: 10-6188
Humphrey v. Shannon, et al
Date: April 13, 2011
Docket Number: 11-8003
Standiferdl v. U.S. Trustee  
Date: April 12, 2011
Docket Number: 09-2238

Justia Opinion Summary: The debtors obtained confirmation of a Chapter 13 plan. The trustee sought dismissal because of their recalcitrance; they willfully failed to comply with an order requiring monthly reporting of income. The debtors…

United States v. DeBrew
Date: April 12, 2011
Docket Number: 10-2120
United States v. Nanez
Date: April 12, 2011
Docket Number: 10-2235
Losee v. Garden, et al
Date: April 12, 2011
Docket Number: 10-4177
United States v. Smith  
Date: April 12, 2011
Docket Number: 10-6039

Justia Opinion Summary: The defendant was convicted of embezzlement from his not-for-profit employer's employee benefit plan and making false statements to a government agent. The Tenth Circuit reversed and remanded for acquittal on…

United States v. Burns, Jr.
Date: April 12, 2011
Docket Number: 10-6083
Fournerat v. Wisconsin Law Review, et al
Date: April 12, 2011
Docket Number: 10-6131
McInerney v. United Air Lines, Inc.
Date: April 11, 2011
Docket Number: 09-1423
United States v. Montoya
Date: April 11, 2011
Docket Number: 09-1551
Johnson v. Kansas Parole Board
Date: April 11, 2011
Docket Number: 10-3329
United States v. Langford  
Date: April 11, 2011
Docket Number: 10-6070

Justia Opinion Summary: The defendant was convicted of being a spectator at a cockfight that occurred in Indian Country, in violation of the Assimilative Crimes Act, 18 U.S.C. 13, (assimilating Oklahoma law criminalizing cockfighting and being…

United States v. Glidewell
Date: April 11, 2011
Docket Number: 10-8072
United States v. Vergnetti
Date: April 11, 2011
Docket Number: 11-5013
Fogle v. Slack, et al
Date: April 8, 2011
Docket Number: 10-1335
Laughter, et al v. Gallup Indian Medical Center, et al
Date: April 7, 2011
Docket Number: 10-2050
Keeler v. Aramark, et al
Date: April 7, 2011
Docket Number: 10-3214
Kline v. Utah Anti-Discrimination and Labor Division
Date: April 7, 2011
Docket Number: 10-4082
United States v. Mark Simons, et al
Date: April 7, 2011
Docket Number: 10-4083
Patterson v. Jone
Date: April 7, 2011
Docket Number: 10-6208
Copar Pumice Co., Inc. v. Morris  
Date: April 6, 2011
Docket Number: 09-2296

Justia Opinion Summary: New Mexico Environmental Division agents conducted an unannounced inspection. The agents' accounts of the visit differ from those of the two facility employees, but an enforcement action followed. The company brought…

United States v. Harri
Date: April 6, 2011
Docket Number: 10-1328
Peeper v. Astrue
Date: April 6, 2011
Docket Number: 10-5070
United States v. Gonzalez-Guytan
Date: April 6, 2011
Docket Number: 10-5090
United States v. Castillo
Date: April 6, 2011
Docket Number: 10-6235
Haynes v. Wilson, et al
Date: April 6, 2011
Docket Number: 10-8085
Quezada-Duarte v. Holder, Jr.
Date: April 6, 2011
Docket Number: 10-9565
Nielson v. Ketchum  
Date: April 5, 2011
Docket Number: 09-4113

Justia Opinion Summary: One day after giving birth, the 17-year-old mother appeared in Utah state court to relinquish parental rights and consent to adoption. Although the mother's mother is a registered member of the Cherokee Nation, the court…

Calloway v. Aerojet General
Date: April 5, 2011
Docket Number: 10-4133
United States v. Long
Date: April 5, 2011
Docket Number: 10-6174
United States v. Sturm  
Date: April 4, 2011
Docket Number: 09-1386

Justia Opinion Summary: The defendant challenged convictions for possession and receipt of child pornography, violations of 18 U.S.C. 2252A. The Tenth Circuit affirmed, first rejecting an argument that conviction of possession required intent…

United States v. Dayton  
Date: April 4, 2011
Docket Number: 09-5022

Justia Opinion Summary: The defendant was convicted of possession and distribution or attempted distribution of child pornography in violation of 18 U.S.C. 2252, based on evidence that federal agents accessed his account on a file sharing…

Stemple v. Workman
Date: April 4, 2011
Docket Number: 09-5097
Wheeler v. BNSF Railway Company, et al
Date: April 4, 2011
Docket Number: 10-3155
United States v. Flood  
Date: April 4, 2011
Docket Number: 10-4105

Justia Opinion Summary: The defendant was convicted of counts relating to securities fraud in connection with an improper revenue recognition scheme. The Tenth Circuit affirmed denial of a post-trial motion based on the statute of limitations…

United States v. McHugh  
Date: April 4, 2011
Docket Number: 10-5065

Justia Opinion Summary: The defendant entered a conditional plea of guilty to being a felon in possession of a firearm and ammunition. The district court denied a renewed motion to suppress the gun and ammunition as seized in violation of the…

Merrill Lynch, Pierce, Fenner v. Whitney, et al
Date: April 4, 2011
Docket Number: 10-5072
United States v. Jame
Date: April 4, 2011
Docket Number: 10-7049
Munoz v. Bravo, et al
Date: April 1, 2011
Docket Number: 10-2267
Krause v. Krause  
Date: April 1, 2011
Docket Number: 10-3012

Justia Opinion Summary: The taxpayer has a long history of disputes with the IRS. He created alter ego companies, intentionally destroyed records, and fraudulently conveyed assets to trusts for his sons. His sons challenged a bankruptcy court…

United States v. Markham
Date: April 1, 2011
Docket Number: 10-3126
Jim's Maintenance & Sons Inc., et al v. Target Corporation
Date: April 1, 2011
Docket Number: 10-6052
Valero v. Holder, Jr.
Date: April 1, 2011
Docket Number: 10-9550
Mata v. Anderson  
Date: March 31, 2011
Docket Number: 10-2031

Justia Opinion Summary: The plaintiff made allegations against a Farmington, New Mexico police officer concerning a 2002 arrest and, in 2004, filed civil rights claims in federal district court. In 2005, the officer responded by filing a…

Lucero v. Bureau of Collection Recovery  
Date: March 31, 2011
Docket Number: 10-2122

Justia Opinion Summary: The plaintiff filed a class action under the Fair Debt Collection Practices Act and the New Mexico Collection Agency Regulatory Act. About six weeks later, the defendant filed an answer and a Rule 68 offer of judgment in…

United States v. Wright
Date: March 31, 2011
Docket Number: 10-3337
United States v. Banuelos-Barraza
Date: March 31, 2011
Docket Number: 10-4125
Crofford v. Rudek
Date: March 31, 2011
Docket Number: 10-6187
Pavlov v. Suthers, et al
Date: March 31, 2011
Docket Number: 11-1040
United States v. Rausch  
Date: March 30, 2011
Docket Number: 10-1388

Justia Opinion Summary: After pleading guilty to possession of child pornography, an offense with a sentencing guidelines range of 97-121 months imprisonment, the defendant was sentenced to time served (one day) plus lifetime supervision…

United States v. Caraway
Date: March 30, 2011
Docket Number: 10-3296
United States v. Jimenez-Valenia
Date: March 30, 2011
Docket Number: 10-4039
Licon v. Ledezma  
Date: March 30, 2011
Docket Number: 10-6166

Justia Opinion Summary: The Federal Bureau of Prisons has authority to reduce the sentences of felons convicted of nonviolent offenses by as much as one year for successful completion of a substance abuse treatment program. The Bureau issued a…

Gonzales v. Ledezma
Date: March 30, 2011
Docket Number: 10-6200
Fruitt v. Astrue  
Date: March 30, 2011
Docket Number: 10-6222

Justia Opinion Summary: The Petitioner appealed an order awarding her attorney fees under the Equal Access to Justice Act, 28 U.S.C. 2824, but denying $350 costs, in connection with a social security matter, then moved for an award of $5,210…

United States v. Huff
Date: March 30, 2011
Docket Number: 10-6269
Parkhurst v. Lampert, et al
Date: March 30, 2011
Docket Number: 10-8078
Pesik v. Holder, Jr.
Date: March 30, 2011
Docket Number: 10-9564
United States v. Nolan  
Date: March 30, 2011
Docket Number: 11-6004

Justia Opinion Summary: The defendant pled guilty to being a felon in possession of a firearm and was sentenced to the mandatory term of 15 years. The district court rejected his fourth challenge. The Tenth Circuit affirmed. The…

United States v. Roberts
Date: March 29, 2011
Docket Number: 09-3245

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