2015 Tenth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1122
Date: July 15, 2015
Docket Number: 14-3090
Justia Opinion Summary: In 2006, Kimberly Sharp was living homeless in Kansas with her two children. One day while she was with three homeless men at a camp site, David Owen approached the group and harangued them for being homeless. An…
Date: July 14, 2015
Docket Numbers: 13-1540, 14-6026, 14-6028
Justia Opinion Summary: The appeals before the Tenth Circuit in this opinion concerned the regulations (as a part of the Affordable Care Act ("ACA")) that required group health plans to cover contraceptive services for women as a form of…
Date: July 14, 2015
Docket Number: 14-1354
Justia Opinion Summary: Attorney John Cogswell appealed the imposition of a Rule 11 sanction. Acting on behalf of Predator International, Inc., Cogswell filed a lawsuit in April 2009 against Gamo Outdoor USA, Inc. and Industrias El Gamo, S.A.…
Date: July 14, 2015
Docket Number: 14-3006
Justia Opinion Summary: Defendants Pedro Garcia and Gonzalo Ramirez were convicted of conspiring with other members of their criminal gang to violate the Racketeer Influenced and Corrupt Organizations Act (RICO). They were also convicted of…
Date: July 13, 2015
Docket Number: 14-1216
Justia Opinion Summary: Colorado law required electricity generators to ensure that 20% of the electricity they sell to Colorado consumers comes from renewable sources. Colorado's scheme may require Coloradans to pay more for electricity, but…
Date: July 10, 2015
Docket Number: 14-3221
Justia Opinion Summary: Defendant-appellant Ryan Ridens received a fifteen-year mandatory-minimum sentence enhancement established by the Armed Career Criminal Act (ACCA) for certain felons with three or more prior convictions for “violent…
Date: July 10, 2015
Docket Number: 14-4001
Justia Opinion Summary: Plaintiffs in this case alleged their former bankruptcy trustee breached professional duties due them because of conflicting obligations the trustee owed the bankruptcy estate. Plaintiffs sought recovery under state law.…
Date: July 9, 2015
Docket Number: 14-5091
Justia Opinion Summary: Plaintiff-Appellant Susan Bennett appealed the district court’s grant of summary judgment in favor of her employer, defendant-appellee Windstream Communications, Inc. Windstream acquired the company that had employed…
Date: July 7, 2015
Docket Number: 13-2138
Justia Opinion Summary: Defendant-appellant Elizabeth Kupfer and her husband jointly filed federal income taxes for 2004-2006, but failed to report over $790,000 in gross income. The government charged defendant with three counts of tax…
Date: July 7, 2015
Docket Number: 13-5066
Justia Opinion Summary: Oklahoma tried petitioner-appellant Keynon Owens twice for the first degree felony murder of Javier Carranza during a botched robbery of Javier and his cousin, Jesus Carranza. The first trial resulted in a guilty verdict…
Date: July 7, 2015
Docket Number: 14-9540
Justia Opinion Summary: Andalex Resources, Inc. petitioned the Tenth Circuit for review of the Mine Safety and Health Administration's (MSHA) decision to revoke previously granted modifications to the application of certain mine safety…
Date: July 6, 2015
Docket Number: 14-2052
Justia Opinion Summary: Luis Carlos Castro-Gomez appealed a district court’s finding that his prior Illinois conviction for attempted murder was a crime of violence triggering a 16-level enhancement under section 2L1.2(b)(1)(A)(ii) of the…
Date: July 6, 2015
Docket Number: 14-6039
Justia Opinion Summary: While executing a search warrant at defendant-appellant Omero Cordova’s home, law enforcement found marijuana, firearms, and drug paraphernalia. Cordova admitted those items belonged to him. Cordova sought to suppress…
Date: July 1, 2015
Docket Number: 14-9573
Justia Opinion Summary: Petitioner Yang You Lee was a native and citizen of Thailand. He became a permanent resident of the United States in 1987 when he was five years old. In 2014, an immigration judge (IJ) sitting in Dallas found him…
Date: June 30, 2015
Docket Number: 13-1490
Justia Opinion Summary: Joan McInerney filed suit pursuant to 42 U.S.C. 1983 against Dennis King, a part-time officer with the Colorado School of Mines Police Department, and Deputy Sheriff Brian McLaughlin, alleging that their warrantless…
Date: June 30, 2015
Docket Number: 14-1423
Justia Opinion Summary: Pro se plaintiff George Farmer, a resident of Colorado and a licensed attorney, sued defendant Banco Popular under federal and state law to challenge Banco’s demand that he pay off the full amount owed under a $150,000…
Date: June 30, 2015
Docket Number: 15-1053
Justia Opinion Summary: Petitioner-appellant Clinton Eldridge appealed the denial of his habeas petition. He pled guilty to various violent felonies and was incarcerated at a federal prison. On appeal, he argued that the Bureau of Prisons (BOP)…
Date: June 29, 2015
Docket Number: 14-1068
Justia Opinion Summary: Defendant-appellant Kizzy Kalu recruited foreign nationals to come to the United States for specialized nursing employment, required them to work as non-specialized laborers in nursing homes, retained a portion of their…
Date: June 29, 2015
Docket Number: 14-2157
Justia Opinion Summary: Plaintiff Joyce Rock was terminated from her position as principal of a school in the Central Consolidated School District (the District) after she spoke at a public meeting in opposition to a proposal by the District’s…
Date: June 26, 2015
Docket Number: 13-1374
Justia Opinion Summary: Plaintiff Tab Bonidy lived in a rural area near Avon, Colorado. He was granted a concealed carry permit under Colorado law and regularly carried a handgun for self-defense. Avon’s post office did not deliver mail to…
Date: June 26, 2015
Docket Number: 13-2181
Justia Opinion Summary: The Pueblo of Jemez brought suit against the United States under the federal common law and the Quiet Title Act (QTA), seeking to quiet its allegedly unextinguished and continuing aboriginal title to the lands of what…
Date: June 26, 2015
Docket Number: 14-1257
Justia Opinion Summary: Michael and Rebecca Gordon filed a voluntary petition for bankruptcy. In their petition, they sought to treat $2,051 in a savings account as an exempt asset under the Colorado exemption for “[p]roperty . . . held in or…
Date: June 26, 2015
Docket Number: 14-3120
Justia Opinion Summary: Defendant-Appellant Gary Sparks was convicted of witness tampering and sentenced to thirty-six months’ imprisonment and two years of supervised release. Sparks’ conviction arose out of a statement he made to his…
Date: June 24, 2015
Docket Number: 14-6158
Justia Opinion Summary: Cox Enterprises was the defendant in a class-action antitrust suit. Shortly before trial was set to begin, Cox moved to arbitration. Cox' request came after considerable discovery, potentially dispositive motions, and a…
Date: June 23, 2015
Docket Numbers: 13-1111, 13-1119, 13-1302
Justia Opinion Summary: Defendants Michael Jacoby, Derek Zar, and Susanne Zar appealed convictions and sentences arising from their participation in a mortgage fraud scheme. From 2005 to 2006, real estate agent Michael Jacoby devised and…
Date: June 23, 2015
Docket Number: 14-1112
Justia Opinion Summary: In 1989, FBI agents raided the nuclear weapons production facility known as Rocky Flats, first operated by Dow Chemical Company, then Rockwell International Corporation. The agents discovered that plant workers had been…
Date: June 23, 2015
Docket Number: 14-3018
Justia Opinion Summary: Defendant-appellant supplied "significant" amounts of power cocaine to Virok Webb and his associates, who ran a drug distribution ring out of Junction City, Kansas. The Government charged Dewberry and several other…
Date: June 23, 2015
Docket Number: 14-5070
Justia Opinion Summary: Defendant-appellee Jeffrey Williams filed a motion seeking to withdraw his guilty plea to various drug and firearm charges based on newly discovered evidence. Specifically, defendant submitted affidavits in support of…
Date: June 22, 2015
Docket Number: 14-6050
Justia Opinion Summary: Plaintiffs were five women who were formerly incarcerated at the Hillside Community Corrections Center in Oklahoma City. They filed a 42 U.S.C. 1983 action against multiple defendants, alleging they were sexually abused…
Date: June 19, 2015
Docket Number: 14-3091
Justia Opinion Summary: In an interlocutory appeal, defendant-appellant Kansas Department of Labor (KDOL) argued the district court should have dismissed plaintiff-appellee Kathleen Arbogast's suit because: (1) KDOL lacks the capacity to sue…
Date: June 19, 2015
Docket Number: 14-6193
Date: June 16, 2015
Docket Number: 14-3061
Justia Opinion Summary: Paul Levy filed suit, alleging that he was constructively discharged from the Kansas Department of Social and Rehabilitation Services (SRS) in retaliation for advocating for better accommodation for a disabled co-worker.…
Date: June 16, 2015
Docket Number: 14-4028
Justia Opinion Summary: Nearly forty years ago the Ute Tribe filed a lawsuit alleging that Utah and several local governments were unlawfully trying to displace tribal authority on tribal lands. After a decade of proceedings at the district…
Date: June 12, 2015
Docket Number: 14-3086
Justia Opinion Summary: Appellants William Karl Jenkins and M. Earlene Jenkins (collectively, Mr. Jenkins) appealed an order of the Bankruptcy Appellate Panel (BAP) that affirmed the bankruptcy court’s dismissal of their claim for the payment…
Date: June 10, 2015
Docket Number: 13-1227
Justia Opinion Summary: In 2012, a federal grand jury indicted defendant-appellant Timothy Vanderwerff for three child-pornography-related offenses. He appealed his conviction and sentence, arguing that the district court erred in rejecting his…
Date: June 9, 2015
Docket Number: 14-3148
Justia Opinion Summary: Defendant Ronald Ullmann pled guilty to making a false statement. The charge arose from sexually explicit written conversations between Ullmann and an undercover FBI agent posing online as a thirteen-year-old minor.…
Date: June 8, 2015
Docket Number: 14-7050
Justia Opinion Summary: Defendant Elvin Alisuretove pled guilty to one count of conspiracy to commit wire fraud arising out of his role in a scheme that involved “skimming” debit card account information from convenience store gas pumps and…
Date: June 2, 2015
Docket Number: 12-4203
Justia Opinion Summary: Petitioner-Appellant Douglas Carter, a Utah inmate, appealed the district court’s denial of his petition for writ of habeas corpus challenging his conviction and death sentence. Carter was convicted of the murder of Eva…
Date: June 2, 2015
Docket Number: 13-8082
Justia Opinion Summary: In 2008, Donald Stewart, driving a semi-tractor trailer, hit the back of a tow truck driven by Melvin Mathis. Mathis sued Stewart and his employer, Huff & Puff Trucking, Inc., for negligence in the District of Wyoming.…
Date: June 2, 2015
Docket Number: 14-2048
Justia Opinion Summary: Albuquerque police sergeant Adam Casaus had ended his shift when he drove home in his squad car, lights flashing and going at a high rate of speed. He ran a red light, hitting Ashley Browder's car. Browder died, and her…
Date: June 1, 2015
Docket Number: 13-3334
Justia Opinion Summary: Kansas developed a school financing scheme that sought to avoid “mak[ing] the quality of a child’s education a function of his or her parent’s or neighbors’ wealth.” Displeased with the outcome of school finance…
Date: June 1, 2015
Docket Number: 14-2164
Justia Opinion Summary: Movant-Appellant Kit Carson Electric Cooperative, Inc. (KCEC) appealed the district court’s denial of its motion seeking intervention as of right or permissive intervention in a pending case. Tri-State Generation and…
Date: May 29, 2015
Docket Number: 14-6099
Justia Opinion Summary: This case involves the authority of the U.S. Army Corps of Engineers to issue nationwide permits under section 404(e) of the Clean Water Act. These permits authorized activities involving discharge of dredged or fill…
Date: May 27, 2015
Docket Number: 14-3050
Justia Opinion Summary: Plaintiff-appellant Sabreen Gad filed a complaint with the Equal Employment Opportunity Commission against Kansas State University, alleging she was discriminated against in her effort to obtain a tenure-track position.…
Date: May 27, 2015
Docket Number: 14-3162
Justia Opinion Summary: Defendant-Appellant Antonio Esquivel-Rios appeals from the district court's order denying his motion to suppress evidence. Defendant was arrested on drug trafficking charges following a police stop. In his first direct…
Date: May 27, 2015
Docket Number: 14-4024
Justia Opinion Summary: At issue in this case was the district court's grant of summary judgment to the court-appointed receiver for Winsome Investment Trust, a business entity whose founder, Robert Andres, caused it to illegally distribute…
Date: May 26, 2015
Docket Number: 14-7032
Justia Opinion Summary: Pre-Paid Legal Services, Inc., d.b.a. LegalShield, sued its former employee Todd Cahill, claiming Cahill had breached his contract, unlawfully misappropriated Pre-Paid’s trade secrets, and tortiously interfered with…
Date: May 22, 2015
Docket Number: 13-5074
Justia Opinion Summary: Defendant-appellant Dejuan Hill was indicted, tried, and convicted of bank robbery and for taking part in a larger conspiracy to rob banks, a credit union, and four pharmacies in the Tulsa area from 2009 to 2011. Before…
Date: May 18, 2015
Docket Number: 13-2214
Justia Opinion Summary: A New Mexico grand jury charged Clay O’Brien Mann with eight counts, including three 18 U.S.C. 924(c) violations, arising from his shooting three people on an Indian reservation. He appealed one section 924(c)…
Date: May 18, 2015
Docket Number: 13-8004
Justia Opinion Summary: Cornhusker Casualty Company appealed a district court’s summary-judgment ruling, arguing that the district court incorrectly concluded that Cornhusker was estopped from asserting noncoverage as a defense to the claims of…
Date: May 15, 2015
Docket Number: 13-1500
Justia Opinion Summary: Captain Heather Ortiz was an active-duty service member in the United States Air Force. In March 2009, Captain Ortiz was admitted to Evans Army Community Hospital for a scheduled Caesarean section. Complications caused…
Date: May 13, 2015
Docket Number: 14-4043
Justia Opinion Summary: In 2013, Defendant-Appellant Michael Pettit was indicted on one count of possession of cocaine with intent to distribute after police discovered 2.5 kilograms of cocaine hidden in a vehicle he was driving. Pettit moved…
Date: May 12, 2015
Docket Number: 12-2085
Justia Opinion Summary: A jury convicted Derrick Jim of aggravated sexual abuse occurring in the Navajo Nation. Jim initially pled guilty to this offense, but later withdrew his plea and went to trial. On appeal, Jim claimed that the trial…
Date: May 11, 2015
Docket Number: 13-1519
Justia Opinion Summary: Defendant Richard Franklin, subscribed to a website called "GigaTribe" which allowed him to approve other subscribers as "friends," allowing them into his "tribe." For his so-called "tribe," Franklin posted previews of…
Date: May 5, 2015
Docket Number: 14-2182
Justia Opinion Summary: Several voters filed a challenge to Sandoval County’s administration of the 2012 local election, and the district court concluded that the County’s election procedures were so dysfunctional that an immediate remedy was…
Date: May 4, 2015
Docket Number: 14-6064
Justia Opinion Summary: CE Design, Ltd. sued Custom Mechanical Equipment in 2008 after it received a junk fax. CE Design brought a class action suit of people and businesses that had also received unsolicited faxes from Custom. After Custom's…
Date: May 1, 2015
Docket Number: 13-1310
Justia Opinion Summary: Four Western Union customers whose wire transfers failed sued Western Union, alleging state-law claims for, among other things, conversion, unjust enrichment, and breach of fiduciary duty. The Named Plaintiffs initiated…
Date: April 30, 2015
Docket Number: 13-6236
Justia Opinion Summary: Simona Gallegos appeals her convictions for one count of conspiracy to distribute methamphetamine and to possess methamphetamine with intent to distribute; two counts of possession of methamphetamine with intent to…
Date: April 30, 2015
Docket Number: 14-1165
Justia Opinion Summary: Ricky Nixon was a Denver police officer. He was involved in two high-profile incidents in which claims of excessive force generated substantial negative publicity for the Denver Police Department: a traffic stop of Alex…
Date: April 28, 2015
Docket Number: 13-1446
Justia Opinion Summary: In 1998, a driver hit pedestrian-plaintiff Roberta Folks with the side mirror of his vehicle and injured her. State Farm, the driver’s insurer, informed Folks she could receive basic personal injury protection (“PIP”)…
Date: April 28, 2015
Docket Number: 14-1075
Justia Opinion Summary: Defendant Roger Howard pleaded guilty to three counts of wire fraud, and one count of money laundering, arising from his participation in three mortgage-fraud schemes. Defendant's participation included identifying…
Date: April 24, 2015
Docket Number: 14-4065
Justia Opinion Summary: Western Insurance Company was insolvent and was being liquidated in Utah state court pursuant to the Utah Insurer Receivership Act. As a part of that liquidation, the Liquidator brought an ancillary proceeding against…
Date: April 23, 2015
Docket Number: 13-6030
Justia Opinion Summary: An Oklahoma jury found Defendant Richard Fairchild guilty of child-abuse murder in the first degree and recommended the death penalty, which the trial court imposed. The Oklahoma Court of Criminal Appeals (OCCA) denied…
Date: April 22, 2015
Docket Number: 14-7017
Justia Opinion Summary: Defendant-appellant Anthony Washington was driving from Oklahoma City of McAlester with a friend, Maurice Edwards, as passenger. The pair had borrowed a rental car from Edwards' mother. Authorities discovered 7.5…
Date: April 21, 2015
Docket Number: 13-6061
Justia Opinion Summary: Medtronic, Inc. produced "Infuse," a device that stimulates bone growth to repair damaged or diseased vertebrae. When it approved the device for sale, the FDA required the company to include a warning label instructing…
Date: April 21, 2015
Docket Number: 14-4002
Justia Opinion Summary: The Barnes Banking Company (the "Bank") had been placed into Federal Deposit Insurance Corporation ("FDIC") receivership in 2010. Three shareholders in Barnes Bancorporation (the "Holding Company"), parent of the failed…
Date: April 20, 2015
Docket Number: 14-5132
Justia Opinion Summary: For a second time, Dustin Eastom attempted to appeal a district court’s order granting summary judgment to the City of Tulsa and Jeffrey Henderson, a Tulsa police officer. Eastom attempted to appeal the same order in…
Date: April 20, 2015
Docket Number: 14-9505
Date: April 17, 2015
Docket Number: 12-1508
Justia Opinion Summary: The U.S. Fish and Wildlife Service conveyed to a strip of land to a consortium of local governments a strip of land for the construction of a parkway. The decision was challenged on various environmental grounds by…
Date: April 15, 2015
Docket Number: 14-1118
Justia Opinion Summary: Plaintiff Darrell Havens pled guilty in Colorado state court to attempted assault of a police detective. He then brought suit in federal district court under 42 U.S.C. 1983, alleging that the detective used excessive…
Date: April 14, 2015
Docket Number: 13-3216
Justia Opinion Summary: The district court initially ruled to suppress evidence of firearms seized during the arrest of Appellant Dana Huff, but the court agreed to reconsider the motion after the government presented a new legal basis for the…
Date: April 13, 2015
Docket Number: 14-3123
Justia Opinion Summary: Chapter 7 bankruptcy trustee Carl Davis appealed a decision by the U.S. Bankruptcy Court for the District of Kansas which was affirmed by the U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP). Davis sought to…
Date: April 10, 2015
Docket Number: 12-5190
Justia Opinion Summary: Petitioner-appellant Jeremy Williams petitioned for habeas relief to challenge his Oklahoma conviction for first-degree murder and the resultant death sentence. The district court denied habeas relief, but issued a…
Date: April 9, 2015
Docket Number: 13-3277
Justia Opinion Summary: Multiple plaintiffs, including ConAgra Foods, Inc. and Swift-Eckrich, Inc., brought suit in Kansas state court against Americold Logistics, LLC and Americold Realty Trust (the “Americold entities”). The Americold…
Date: April 9, 2015
Docket Number: 13-7060
Justia Opinion Summary: The Miss Dixie was a cargo line boat operated by defendant-appellant Jantran, Inc., a company involved in maritime transportation on the Verdigris River in Oklahoma. The Miss Dixie struck and extensively damaged a lock…
Date: April 8, 2015
Docket Number: 13-1169
Justia Opinion Summary: Police were able to isolate one car in a group of twenty carrying a homing beacon from money stolen minutes earlier during a bank robbery. Twenty-nine minutes into the stop, police removed defendant Christian Paetsch…
Date: April 7, 2015
Docket Number: 14-1060
Justia Opinion Summary: Patipan Nakkhumpun, lead plaintiff in a securities class action, represented investors who purchased securities in Delta Petroleum Corporation. Defendants were former officers and a board member of Delta who allegedly…
Date: April 6, 2015
Docket Number: 13-1527
Justia Opinion Summary: The government applied for a warrant to attach a GPS tracking device to defendant-appellee Jose Herrera's car. A magistrate judge ultimately approved the warrant. The tracking device was attached to defendant's car.…
Date: April 6, 2015
Docket Number: 14-7031
Justia Opinion Summary: Defendant-appellant James White was a convicted sex offender who failed to keep his registration current after he moved from Oklahoma to Texas. He entered a conditional guilty plea admitting to violating the Sex Offender…
Date: April 3, 2015
Docket Number: 13-2187
Justia Opinion Summary: This appeal centered on an environmental challenge to a federal agency's decision to grant inspection services for the slaughter and processing of horses and other equines at three slaughterhouses. The district court…
Date: April 3, 2015
Docket Number: 13-9592
Justia Opinion Summary: Greyfield Capital was a defunct Canadian company. Two "con-men" found a signature stamp belonging to the company's former president, and used it as an officially-sanctioned "seal" to appoint themselves corporate…
Date: March 31, 2015
Docket Number: 13-2176
Justia Opinion Summary: Intervenor-Appellant, the Committee to Elect Pete Dinelli Mayor appealed a district court's ruling that a provision of the Albuquerque City Charter limiting campaign contributions was unconstitutional. The original…
Date: March 31, 2015
Docket Number: 14-6119
Justia Opinion Summary: Siloam Springs Hotel, LLC operated a Hampton Inn hotel in Siloam Springs, Arkansas. It purchased a general liability insurance policy from Century Surety Company covering the Hampton Inn for the period of November 13,…
Date: March 27, 2015
Docket Number: 13-3310
Justia Opinion Summary: The issue this case presented for the Tenth Circuit's review centered on a dispute over insurance coverage following a private airplane crash. Garmin International, Inc., purchased an insurance policy from Appellees (the…
Date: March 24, 2015
Docket Number: 13-1440
Justia Opinion Summary: The issue this case presented for the Tenth Circuit's review centered on whether the developer of a master-planned subdivision (master developer) was liable under the Interstate Land Sales Full Disclosure Act when a…
Date: March 24, 2015
Docket Number: 13-6278
Justia Opinion Summary: After a jury convicted defendant-appellant Jesus Figueroa-Labrada of conspiring to possess methamphetamine with intent to distribute, the district court attributed to Figueroa 746.19 grams of a mixture or substance…
Date: March 24, 2015
Docket Number: 14-1085
Justia Opinion Summary: Petitioner-appellee Manuel Olmos (a citizen of Mexico) was convicted in state court on charges involving identity theft, providing false information to a pawnbroker, and forgery of a government document. Olmos received…
Date: March 24, 2015
Docket Number: 14-7028
Justia Opinion Summary: A jury convicted Defendant Maurice Edwards of a single count of Possession of Controlled Substances with Intent to Distribute. On appeal, he argued: (1) the admission of an anonymous 911 call that mentioned him by name…
Date: March 20, 2015
Docket Number: 13-1156
Justia Opinion Summary: Charges were ultimately dropped against plaintiff-appellant Aaron Puller following his 2009 arrest for his suspected involvement in a racially motivated attack of another. The charges were dismissed without hearing…
Date: March 13, 2015
Docket Number: 13-2074
Justia Opinion Summary: Plaintiffs John Quinn and Lavern Gonzalez were arrested in connection with an Albuquerque Police Department (APD) larceny sting. They subsequently filed a civil-rights lawsuit against the arresting officers, William…
Date: March 10, 2015
Docket Number: 14-1125
Justia Opinion Summary: Defendant-appellee Sirius Computer Solutions, Inc. recruited plaintiff-appellant Diane David as a salesperson for the company's computer equipment. The Company promised that David could continue serving her existing…
Date: March 9, 2015
Docket Number: 13-1346
Justia Opinion Summary: In 2012, plaintiff-appellant Sandra Ellis filed a lawsuit against her former employer, defendant-appellee J.R.'s Country Stores, Inc., bringing one claim under the Fair Labor Standards Act (FLSA). Ellis began working as…
Date: March 6, 2015
Docket Number: 14-1069
Justia Opinion Summary: Defendant Brian Hicks entered a conditional guilty plea and was later convicted of: one count of possession with intent to distribute more than five kilograms of a mixture or substance containing a detectable amount of…
Date: March 6, 2015
Docket Number: 14-1084
Justia Opinion Summary: The District Court (Colorado) granted Defendant Naif Al-Yousif's application for a writ of habeas corpus. Defendant, a native of Saudi Arabia, moved to the United States in 1996 to study English. Defendant's conviction…
Date: March 4, 2015
Docket Number: 14-7052
Justia Opinion Summary: Defendant Billy Engles appealed the revocation of his federal supervised release based on a criminal conviction in state court. Defendant was a registered sex offender in Oklahoma. In 2013, he was on federal supervised…
Date: March 3, 2015
Docket Number: 13-3183
Justia Opinion Summary: Plaintiff-appellant National Credit Union Administration Board ("NCUA") appealed the district court's order dismissing as untimely its complaint against defendants-appellees Barclays Capital Inc., BCAP LLC, and…
Date: March 3, 2015
Docket Number: 14-1142
Justia Opinion Summary: In 2012, authorities discovered 4800 child-pornography videos and images in defendant Jesse Evans' possession, 100 of which depicted his own minor daughters and his minor niece. Evans was charged with five counts of…
Date: March 2, 2015
Docket Number: 14-9516
Justia Opinion Summary: Petitioner Benjamin Rodas-Orellana entered the United States without inspection to escape gang recruitment in El Salvador. He applied for asylum and withholding of removal. An Immigration Judge (IJ) and the Board of…
Date: February 27, 2015
Docket Number: 13-3153
Justia Opinion Summary: Plaintiff Max Seifert sued defendants Unified Government of Wyandotte County and Kansas City, Kansas (the Unified Government), Wyandotte County Sheriff Donald Ash, and Wyandotte County Undersheriff Larry Roland under 42…
Date: February 24, 2015
Docket Number: 13-3230
Justia Opinion Summary: Plaintiffs-appellants represent a class of retirees formerly employed by Sprint-Nextel Corporation, Embarq Corporation (or a predecessor and/or subsidiary company of either Embarq or Sprint). Plaintiffs sued after…
Date: February 24, 2015
Docket Number: 14-9541
Justia Opinion Summary: It was undetermined when petitioner Carlos Jovany Medina-Rosales entered the United States, but he received an adjusted status as a lawful permanent resident (LPR) in late 2001. In 2013, while residing in Oklahoma, he…
Date: February 19, 2015
Docket Number: 13-4057
Justia Opinion Summary: Professional golfing legend Jack Nicklas' participation in a developer's plan to build a luxurious golf course and housing plan allegedly led plaintiffs-appellants Jeffrey and Judee Donner to invest $1.5 million in the…
Date: February 19, 2015
Docket Number: 13-6149
Justia Opinion Summary: David Hawkins filed claims against his former employer, Schwan's Home Service, Inc. ("SHS"), alleging violations of the Americans with Disabilities Act (ADA) and Oklahoma law. Hawkins has described his chief…
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