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MONDAY, JUNE 20, 2005

CERTIORARI -- SUMMARY DISPOSITIONS

04-609 HIGHTOWER, JOHN W. V. SCHOFIELD, WARDEN

    The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Miller-El v. Dretke, 545 U.S. ___ (2005).

04-1390 UNITED STATES V. SMITH, ALVIN

    The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Gonzales v. Raich, 545 U.S. ___ (2005).

04-6176 ALLEN, DON E. V. CALIFORNIA

    The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the Court of Appeal of California, First Appellate District for further consideration in light of Johnson v. California, 545 U.S. ___ (2005).

04-8323 HOLBROOK, AGNES V. UNITED STATES

    The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of United States v. Booker, 543 U.S. ___ (2005).

04-10091 TEEPLES, DAVID R. V. UNITED STATES

    The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of United States v. Booker, 543 U.S. ___ (2005).

04-10103 JONES, PHILIP D. V. UNITED STATES

    The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).

04-10127 FOX, EDWARD J. V. UNITED STATES

    The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the First Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).

04-10253 THOMAS, MARSHAUN V. UNITED STATES

    The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005). ORDERS IN PENDING CASES

04M74 AMADASUN, PATRICK I. V. COLUMBIA PICTURES INDUS., ET AL.

    The motion to direct the Clerk to file a petition for a writ of certiorari out-of-time under Rule 14.5 is denied.

04-721 LAMARQUE, WARDEN V. CHAVIS, REGINALD

    The motion of respondent for appointment of counsel is granted. Peter K. Stris, Esquire, of Los Angeles, California, is appointed to serve as counsel for the petitioner in this case. CERTIORARI GRANTED

04-1264 BUCKEYE CHECK CASHING, INC. V. CARDEGNA, JOHN, ET AL.
04-1329 IL TOOL WORKS INC., ET AL. V. INDEPENDENT INK, INC.

    The petitions for writs of certiorari are granted. CERTIORARI DENIED

03-10031 ENGLISH, JERMAINE V. ALABAMA
03-10045 COULTER, DWAYNE V. ILLINOIS
03-10700 REYNOSO, JOHN P. V. CALIFORNIA
04-293 HONEYWELL INT'L INC., ET AL. V. HAMILTON SUNDSTRAND CORP.
04-992 D. T. B., ET AL. V. FARMER, FORMER ATT'Y GEN. OF NJ
04-1106 FOLDEN, GENE A., ET AL. V. UNITED STATES
04-1115 SEATTLE HOUSING AND RESOURCE V. POTTER, POSTMASTER GENERAL
04-1148 RODRIGUEZ, VLADIMIR V. UNITED STATES
04-1213 CONSTRUCTION LABORERS PENSION V. BANUELOS, EIJINIO
04-1230 WRIGHT ELECTRIC, INC. V. OUELLETTE, THOMAS A., ET AL.
04-1257 KETTENBACH, FRANCES D. V. DEMOULAS, RAFAELE, ET AL.
04-1369 EDDINGS, JAMES R., ET AL. V. JUNKER, LARRY G.
04-1374 HEMET, CA, ET AL. V. SMITH, THOMAS
04-1385 MANION, PATRICK T. V. NAGIN, STEPHEN E., ET AL.
04-1389 OXLEY, CHRISTOPHER D. V. LOUISIANA
04-1394 BUREAU, JOHN F. V. SYNTEGRA (USA), INC., ET AL.
04-1395 ELLIS, LINDA V. LIBERTY LIFE ASSURANCE CO.
04-1397 GERBER, EDWARD, ET AL. V. AGYEMAN, EMMANUEL S.
04-1398 GOODMAN, ROBBIE V. TEXAS
04-1400 FEDERAL WAY SCHOOL DISTRICT V. M. L., ET AL.
04-1416 CLEVELAND, OH V. BECK, ROBERT, ET AL.
04-1422 DEL ROSARIO JIMENEZ SANCHEZ, M. V. GONZALES, ATT'Y GEN.
04-1443 MADRID, GUADALUPE V. GONZALES, ATT'Y GEN.
04-1444 BREWER, REGINA G. V. SCHALANSKY, SEC., KS DEPT. SOC.
04-1446 CARUSO, BARBARA H., ET VIR V. MORRIS, GEORGE B.
04-1448 ROGERS, ANTHONY, ET AL. V. SAN ANTONIO, TX
04-1454 BASSIOUNI, MAHMOUD C. V. CIA
04-1458 CHICAGO BRAND INDUSTRIAL, INC. V. MITUTOYO CORPORATION, ET AL.
04-1460 HAYES, JAMES J. V. GENESIS HEALTH VENTURES
04-1463 HOWARD, LYNN V. DEPT. OF ARMY, ET AL.
04-1472 STANTON, JOHN V. DCCA
04-1483 MALIS, DOROTHY B. V. CIR
04-1500 HOFF, MARY M. V. OPM
04-1533 TRENKLER, ALFRED V. USDC MA
04-1560 HONEYWELL INTL. INC. V. INTERFAITH COMMUNITY, ET AL.
04-6903 FIELDS, EMANUAL D. V. TEXAS
04-6974 MORALES-DE JESUS, ELVIN T. V. UNITED STATES
04-7537 FITZPATRICK, STANLEY V. OHIO
04-7843 CLARK, CHARLES G. V. ALABAMA
04-7939 RODRIGUEZ-HERRERA, JULIAN V. UNITED STATES
04-8117 FORDE, STEPHEN C. V. CLARK, WARDEN, ET AL.
04-8606 TYSON, GREGORY P. V. COOPER, WARDEN, ET AL.
04-8664 COLBURN, RANDY K. V. UNITED STATES
04-8823 JONES, JAMES C. V. UNITED STATES
04-8969 GRAY, RODNEY V. MISSISSIPPI
04-8991 HUGHES, WILLIAM R. V. MISSISSIPPI
04-9167 KIRCHOFF, WILLIAM W. V. UNITED STATES
04-9172 BRANDON P. V. UNITED STATES
04-9248 CERNA-SALGUERO, WILTON A. V. UNITED STATES
04-9654 QUINTANA, JOSE V. ADAMS, WARDEN
04-9658 HAMILTON, RONALD J. V. TEXAS
04-9664 FIELDS, MITCHELL V. CRAWFORD, DIR., NV DOC
04-9679 KRASSNER, PETER L. V. WHITING, CATHLEEN CARMEN W.
04-9680 WIEBELHAUS, GREGORY H. V. TEXAS
04-9682 WALKER, CARLTON V. COVINGTON, RHONDA
04-9684 WARREN, WADDELL V. BRUCE, WARDEN, ET AL.
04-9686 WILLIAMS, JOHNNY L. V. CROSBY, SEC., FL DOC, ET AL.
04-9693 SZABO, RONALD L. V. SEABOLD, WARDEN
04-9696 ALI, ABDUL H. V. HOUS. AUTH. OF PATERSON
04-9706 SMITH, ROBERT L. V. AKERLIND, CARL E.
04-9709 COLE, ANDRE V. V. MISSOURI
04-9711 MATHIS, MILTON W. V. DRETKE, DIR., TX DCJ
04-9716 CLOUTIER, KIMBERLY M. V. COSTCO WHOLESALE CORP.
04-9718 CARLESS, WILLIAM T. V. BERGHUIS, WARDEN
04-9720 SHELBY, MITCHELL V. DRETKE, DIR., TX DCJ
04-9723 JOHNSON, ROSALIE T. V. BERKELEY CTY. SHERIFF'S DEPT.
04-9725 MOORE, VERNON A. V. CAREY, WARDEN
04-9732 BATTY, WARNER E. V. TENNIS, WARDEN, ET AL.
04-9733 WOOD, JOHN R. V. SOUTH CAROLINA
04-9734 ROSE, DANA L. V. McMURRAY, KERRY D., ET AL.
04-9735 WELLS, KELVIN P. V. DISTRICT COURT OF LA, ET AL.
04-9739 ROSE, DANA L. V. ASPER, DENISE, ET AL.
04-9751 BROWN, ROBERT L. V. DRETKE, DIR., TX DCJ
04-9755 KING, GERALD V. DRETKE, DIR., TX DCJ
04-9756 JACKSON, JOHN D. V. WILSON, SUPT., MS
04-9758 JONES, GEORGE V. BITNER, ROBERT, ET AL.
04-9766 PAGE, JERMAINE V. NEW YORK
04-9793 GARRAWAY, MITCHELL T. V. FED. BUREAU OF PRISONS
04-9819 WANGUNHARDJO, MILA I. V. GONZALES, ATT'Y GEN.
04-9829 DAY, TIMOTHY W. V. FARWELL, WARDEN, ET AL.
04-9858 CURTO, PATRICIA J. V. EDMONDSON, KATHERINE, ET AL.
04-9862 ANDERSON, JERRY D. V. PARKER, WARDEN
04-9905 WEST, WALLY L. V. ILLINOIS
04-9908 MALDONADO, JESUS M. V. GONZALES, ATT'Y GEN.
04-9920 MEAD, DOROTHY H. V. OREGON
04-9930 WILLIAMS, TAKI V. ILLINOIS
04-9945 JAMERSON, WILLIE V. FLORIDA
04-9970 HICKS, WILLIE V. OHIO
04-10022 MIRANDA, BRIAN V. LEIBACH, WARDEN
04-10055 BROWN, RONALD L. V. PENNSYLVANIA
04-10112 VESEY, ARTHUR V. UNITED STATES
04-10113 BERRY, JAMES W. V. PAINTER, WARDEN, ET AL.
04-10185 BETTS, JOHN P. V. CALIFORNIA
04-10193 ST. JOHN-THOMPSON, CHRISTOPHER V. UNITED STATES
04-10201 WATSON, CURTIS L. V. UNITED STATES
04-10204 WILSON, JOHN V. UNITED STATES
04-10205 VANCE, RICKY L. V. UNITED STATES
04-10208 PRI-HAR, MENACHEM V. UNITED STATES
04-10211 MATHIESON, PAUL V. UNITED STATES
04-10212 TURNER, NICHOLAS E. V. UNITED STATES
04-10213 SANCHEZ-LUNA, JOSE V. UNITED STATES
04-10218 HORNADAY, JAMES P. V. UNITED STATES
04-10219 GARCIA-CASTILLO, CARLOS E. V. UNITED STATES
04-10220 GUZMAN, RUBEN O. V. ARIZONA
04-10222 GIBSON, DERRICK V. UNITED STATES
04-10228 CUREAUX, LIONEL V. UNITED STATES
04-10229 DEEB, JOHN J. V. SANDERS, WARDEN
04-10230 EDWARDS, KELLY V. UNITED STATES
04-10233 McDONALD, MARIO V. UNITED STATES
04-10235 LIZANO, PEDRO D. V. UNITED STATES
04-10237 GOMEZ-MARTINEZ, CLAUDIA M. V. UNITED STATES
04-10242 HUGGINS, ALEX V. UNITED STATES
04-10243 TYREE, SCOTT V. UNITED STATES
04-10252 BLUE, QUINCY D. V. UNITED STATES
04-10257 GIBSON, BERNARD V. UNITED STATES
04-10270 LAMBROS, JOHN G. V. UNITED STATES
04-10296 BROWN, CARL, ET AL. V. UNITED STATES

    The petitions for writs of certiorari are denied.

04-1381 SPRINT COMMUNICATIONS CO., ET AL V. SMITH, WAYNE, ET AL.

    The motion of Association of American Railroads for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.

04-1461 HANAS, JOSEPH R. V. MICHIGAN

    The motion of American Jewish Congress for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied. HABEAS CORPUS DENIED

04-10294 IN RE MICHAEL H. BILDERBACK
04-10374 IN RE BERALDO FONSECA

    The petitions for writs of habeas corpus are denied. MANDAMUS DENIED

04-9730 IN RE SHELLY M. SIMMONS-GOFF
04-9744 IN RE THOMAS H. CLAY

    The petitions for writs of mandamus are denied. REHEARINGS DENIED

03-725 PASQUANTINO, DAVID B., ET AL. V. UNITED STATES
03-9627 PACE, JOHN A. V. DiGUGLIELMO, SUPT., GRATERFORD
04-902 MURPHY, JERRY V. METROPOLITAN TRANSIT AUTH.
04-1008 CHEATHAM, ARTRONE V. UNITED STATES
04-1163 STEPHENS, RANDALL G. V. UNION CARBIDE CORP., ET AL.
04-8578 CORBIN, DAVID R. V. BLADEN CTY. CHILD SUPPORT AGENCY
04-8787 BLANEY, JEFFREY S. V. JOHNSON, DIR., VA DOC
04-8795 RILEY, WILLIAM V. GEORGIA
04-9186 EAK, ROBERT V. MECHLING, SUPT., FAYETTE
04-9212 COTNEY, DAVID F. V. UNITED STATES

    The petitions for rehearing are denied.

ATTORNEY DISCIPLINE

D-2334 IN THE MATTER OF DISBARMENT OF BRADLEY HAROLD LOCKENVITZ

    Bradley Harold Lockenvitz, of Linn, Missouri, having been suspended from the practice of law in this Court by order of August 5, 2002; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and a response having been filed; It is ordered that Bradley Harold Lockenvitz is disbarred from the practice of law in this Court.

D-2406 IN THE MATTER OF DISBARMENT OF JOHN MICHAEL POOLE

    John Michael Poole, of Miami, Florida, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that John Michael Poole is disbarred from the practice of law in this Court.

D-2407 IN THE MATTER OF DISBARMENT OF JOHN SILVIA, JR.

    John Silvia, Jr., of Somerset, Massachusetts, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that John Silvia, Jr. is disbarred from the practice of law in this Court.

D-2408 IN THE MATTER OF DISBARMENT OF WILLIAM HOWARD PIPPEN

    William Howard Pippen, of Houston, Texas, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that William Howard Pippen is disbarred from the practice of law in this Court.

D-2409 IN THE MATTER OF DISBARMENT OF ROBERT W. RICKARD

    Robert W. Rickard, of Houston, Texas, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Robert W. Rickard is disbarred from the practice of law in this Court.

D-2410 IN THE MATTER OF DISBARMENT OF RAHMAN OLALEKAN ASHIRU

    Rahman Olalekan Ashiru, of Houston, Texas, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Rahman Olalekan Ashiru is disbarred from the practice of law in this Court.

D-2411 IN THE MATTER OF DISBARMENT OF WILLIAM S. BOYD, III.

    William S. Boyd, III., of Gulfport, Mississippi, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that William S. Boyd, III. is disbarred from the practice of law in this Court.

D-2412 IN THE MATTER OF DISBARMENT OF ELLIOTT D. MOORMAN

    Elliott D. Moorman, of East Orange, New Jersey, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Elliott D. Moorman is disbarred from the practice of law in this Court.

D-2413 IN THE MATTER OF DISBARMENT OF CHARLES STEVEN EPSTEIN

    Charles Steven Epstein, of Edison, New Jersey, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Charles Steven Epstein is disbarred from the practice of law in this Court.

D-2414 IN THE MATTER OF DISBARMENT OF MARTIN STANLEY TANNER

    Martin Stanley Tanner, of Salt Lake City, Utah, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Martin Stanley Tanner is disbarred from the practice of law in this Court.

D-2415 IN THE MATTER OF DISBARMENT OF JOHN P. GROSS

    John P. Gross, of Warren, New Jersey, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that John P. Gross is disbarred from the practice of law in this Court.

D-2416 IN THE MATTER OF DISBARMENT OF DAVID NEWTON BUDA

    David Newton Buda, of East Hampton, New York, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that David Newton Buda is disbarred from the practice of law in this Court.

D-2417 IN THE MATTER OF DISBARMENT OF SCOTT W. SPENCER

    Scott W. Spencer, of Columbus, Ohio, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Scott W. Spencer is disbarred from the practice of law in this Court.

D-2419 IN THE MATTER OF DISBARMENT OF PAUL M. WHITAKER

    Paul M. Whitaker, of Albany, New York, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Paul M. Whitaker is disbarred from the practice of law in this Court. RECESS ORDER The Court will take a recess from Monday, June 20, 2005, until Thursday, June 23, 2005.