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	OPINION/ORDER Were on brief for the United States.
	OPINION/ORDER Were on brief. Russoniello and
	OPINION/ORDER Circuit Judge: This is the second time the government has appealed the sentence of defendant appellee Michael Martin. In both appeals the parties have agreed that Martin's advisory guidelines range is 108 to 135 months' imprisonment. The hotly contested dispute both times has been over whether the extremely lenient sentence the district court gave is reasonable. FACTUAL BACKGROUND A factual summary outlining Martin's fraud is attached to his guilty plea. HealthSouth's common stock was listed on the New York Stock Exchange. The price of the company's stock typically will decline. Which plummeted from $3.91 per share to $.11 per share when the massive fraud was revealed. Defendant Martin was employed by HealthSouth from 1989 to 2000. Martin became aware that HealthSouth was not meeting its earnings per share projections. Which showed that HealthSouth was not meeting earnings per share projections made by its Chief Executive Officer (
	OPINION/ORDER Who was convicted of rape and robbery and sentenced as a persistent offender to life imprisonment with twenty five years of parole ineligibility. The principal issue at trial was the identity of the rapist. The principal evidence was the victim's post hypnotic identification. The state prosecutor made certain improper arguments during jury summation which were addressed by the trial judge with curative instructions. The issue on appeal is whether these improper arguments deprived Moore of his right to a fair trial. 25 year old M.A. was viciously assaulted by a man in the bedroom of her cottage in Somers Point. Despite the man's assurance she would not be hurt if she did as she was told. M.A. remained in her bed for four hours fear ful the man was still in the house. She arranged to have the police called and. While the bedroom was dark. There was enough outside light
	OPINION/ORDER As to Petitioner Max Alexander Soffar's claims that (1) he did not have effective assistance of counsel in the guilt phase proceedings. (2) his right to counsel was violated by police interrogation regarding an extraneous offense after he had been charged with capital murder and had requested and received appointed counsel. When that interrogation was later used to obtain a death penalty at the penalty phase. This current opinion will be sometimes referred to herein as Soffar III. Soffar's conviction was based indispensably on the statements taken from him by police after three days of interrogation and without an attorney present. The single known eyewitness was neither contacted by defense counsel nor called to testify. Which could have been controverted by that uncalled eyewitness. There was no physical evidence. We address the State's argument that Soffar's claim of ineffective assistance of counsel was neither properly 2 exhausted in his state habeas petition nor properly raised in his federal habeas application.
	OPINION/ORDER As to Petitioner Max Alexander Soffar's claims that (1) he did not have effective assistance of counsel in the guilt phase proceedings. (2) his right to counsel was violated by police interrogation regarding an extraneous offense after he had been charged with capital murder and had requested and received appointed counsel. When that interrogation was later used to obtain a death penalty at the penalty phase. This current opinion will be sometimes referred to herein as Soffar III. Soffar's conviction was based indispensably on the statements taken from him by police after three days of interrogation and without an attorney present. The single known eyewitness was neither contacted by defense counsel nor called to testify. Which could have been controverted by that uncalled eyewitness. There was no physical evidence. We address the State's argument that Soffar's claim of ineffective assistance of counsel was neither properly 2 exhausted in his state habeas petition nor properly raised in his federal habeas application.
	OPINION/ORDER The database is used for law enforcement identification purposes. If personally identifiable information is removed. In the absence of individualized suspicion that they have committed additional crimes. (1) DNA Analysis Backlog Elimination Act of 2000. We hold that the Act is constitutional because the Government's interest in extracting DNA from the Plaintiffs outweighs their interests in avoiding the intrusions upon their privacy. The DNA Analysis Backlog Elimination Act DNA is a double helix shaped nucleic acid held together by hydrogen bonds and composed of base pairings of Adenine and Thymine and Cytosine and Guanine. DNA is extracted from a cell. The short tandem repeats are copied millions of times. Since there is only an infinitesimal chance that two people's DNA will be identical in these variable regions. The Bureau of Prisons collects the DNA samples from qualified offenders who are in custody. The federal probation office collects the DNA samples from qualified offenders who are on release.
	OPINION/ORDER Gormley additionally claims that he experienced criminal persecution on account of his race when he was twice robbed by black men. Gormley claimed a fear of persecution
	OPINION/ORDER The court imposed a sentence of one day in prison because Davis was 70 years old at the time of sentencing and because he had committed the underlying crimes 14 years earlier. Unable to conclude that this variance is reasonable. A business in which he was a part owner and 1 No. 05 3784 United States v. Is no evidence that this defendant now is an improved human being over what he was before this offense . . . .
	OPINION/ORDER I Summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. The application of this standard is complicated here by the fact that Gaddis. We have carefully examined this tape along with the witnesses' testimony in reviewing the district court's judgment. (The mounted video camera on Officer Bain's patrol car yielded the tape that is the chief visual record of the encounter. Because the car's audio recording system was not working. The tape is silent.). Bain testified that Gaddis was also driving somewhat slowly. The interior of the car is dark on the tape and Gaddis's posture cannot be made out. The resolution of the video image is not high. The camera's point of view is slightly different from the vehicle driver's. Bain pulled up alongside Gaddis's car and confirmed to his satisfaction that Gaddis was leaning to the right. Bain testified that he suspected Gaddis was driving while intoxicated. To which Gaddis replied that his license was suspended (which turned out not to be true).
	OPINION/ORDER Wayne Stephens was employed as a manager in a technical support unit for Accenture's New York office when he repeatedly used an
	OPINION/ORDER The recommended sentence under the United States Sentencing Guidelines was twenty four to thirty months in prison. The sentence is both procedurally and substantively unreasonable. We conclude that the sentence is a non Guidelines departure under § 3553(a) that is procedurally and substantively reasonable. Fuson allegedly expressed his objection to it and mentioned that he was not supposed to have weapons in the house due to his prior felony convictions. When the gun was found. It was in a closet and in the same case that it was in when Fuson's wife purchased it. The gun was not loaded. There was ammunition elsewhere in the house. A background check revealed that Fuson was a convicted felon. (3) exchanging one eighth of an ounce of marijuana for three cartons of cigarettes with Some of this background information is discussed in this Court's prior decision in this case. The Pre Sentence Investigation Report (PSR) concluded that under the Sentencing Guidelines Fuson's Criminal History Category was II and his base offense level was seventeen.
	OPINION/ORDER Dixon alleges that he was denied reinstatement as a Special Agent with the FBI as a result of unlawful retaliation by a former supervisor. Jr. is an African American male who worked as a Special Agent for the FBI's Detroit field office between 1978 and 1988. Dixon was responsible for all aspects of recruiting new agents to the FBI for the Detroit office. Who is also African American. Reutter also allegedly stated that he did not want the three person boards that interviewed prospective new agents to consist of three African American agents when minority applicants were being interviewed. Dixon also testified that while Reutter was
	OPINION/ORDER Argued the case for the appellant and was on the briefs. Maitreya Badami was also on the briefs. Argued the case for the appellee and was on the briefs. Were also on the briefs. Argued the case for amicus curiae Federal Public Defender for the Northern District of California and was on the briefs. Was also on the briefs. This is my punishment.
	OPINION/ORDER Tomko was also ordered to undergo twenty2 eight days of in house treatment for alcohol abuse. This sentence is unreasonable in light of the circumstances of this case and the sentencing factors outlined in 18 U.S.C. § 3553(a). It was therefore an abuse of discretion for the District Court to impose it and we will vacate the judgment and remand for resentencing. Inc. is classified as a flow through
	OPINION/ORDER We are therefore bound by the provisions of that statute. Our review of Rocky's claims for relief is determined by how those issues were addressed by the state courts. Habeas relief will only be granted where the state court decision was
	OPINION/ORDER We have jurisdiction over Ortiz's appeal pursuant to 28 U.S.C. § 1291. We will affirm. 000 voters) were slated to be purged from Philadelphia's registration rolls for failing to vote. No appeal was taken. This request was denied by order of the district court on October 6. Ortiz's appeals were dismissed for failure to prosecute. A four day trial was held to determine whether a permanent injunction should issue. Recognizing that African American and Latino voters are purged at disproportionately higher rates than their white counterparts. A. A district court's conclusion that a challenged electoral practice has a discriminatory effect is a question of fact subject to review for clear error. 79 (1986) (recognizing that determination of whether or not political process is equally open to minority voters
	OPINION/ORDER Ballinger claims that § 247 is an unconstitutional exercise of Congress' commerce power. We have little trouble concluding that § 247. Is a constitutional expression of Congress' well established power to regulate the channels and instrumentalities of interstate commerce in order to prevent their use for harmful purposes. Concluding that § 247 was constitutional both facially and as applied. The panel held that although § 247 was a constitutional exercise of the commerce power. Ballinger is a practicing
	OPINION/ORDER Was scheduled by his probation officer to submit to DNA collection while serving his term of supervised release. George Clive Hook was convicted by a jury of wire fraud. In the case of the latter if personally identifiable information is first removed. 42 U.S.C. § 14132(b)(3)(A) (D). He claims that requiring him to 4 No. 06 1362 submit to DNA collection is an impermissible modification of his term of supervised release. He contends that the imposition of the DNA collection requirement violates a contract he entered into with the United States at the time he was sentenced to a term of supervised release. A district court's imposition of conditions of supervised release or denial of requests for modification is reviewed for abuse of discretion. Hook first contends that the DNA collection requirement is a modification of his sentence of supervised release. Impermissible condition of his term of supervised release because it was not imposed as a condition originally at the time of his sentencing. To the extent that there was any modification.
	OPINION/ORDER Were charged in a seventy eight count indictment with various criminal offenses. Conspiracy.1 In connection with There are seven defendants in this case: (1) United Corporation (
	OPINION/ORDER With them on the briefs were A.J. With him on the briefs was Sotiris A.
	OPINION/ORDER Mann with whom Mann & Mitchell was on brief for appellant. With whom Assistant United States Attorneys were on brief for appellee. Manning again was convicted on all three counts. We conclude that a reasonable jury could have found the following facts. Motion for Acquittal Manning argues that there was insufficient evidence to support his conviction for using a destructive device1 during and in relation to a drug trafficking crime. Our careful review of the record reveals that the government's evidence was insufficient to show
	OPINION/ORDER Dowell was on brief. Were on brief for appellee.
	OPINION/ORDER McIninch & Phillips was on brief. With whom Twomey & Sisti Law Offices was on brief. Were on brief. Appellant Donovan was charged with. Appellants Aversa and Mento were charged with. The cross appeals (Nos. 91 1615 and 91 1616) are moot. They will. Although Donovan was the bank's legal compliance officer a status which presumptively suggests his familiarity with banking laws he did not prepare CTRs for any of these deposits. Donovan fended off his subordinates' concerns about the unorthodox way he was handling Saba's cash. Donovan admitted that he was aware of the law requiring him to file CTRs for cash deposits of $10. Insisted that he mistakenly believed Saba's deposits came within one of the law's exemptions.2 The district court 2
	01-3327 -- U.S. V. MCCLATCHEY -- 01/16/2003 We have jurisdiction under 18 U.S.C.
	OPINION/ORDER Krupp was on brief for appellant. Was on brief for appellee. Unanimously agreed that
	OPINION/ORDER The order was imposed as part of Conley's sentence following the entry of her guilty plea to one count of bank fraud. The order of the district court requiring the DNA testing is affirmed. 1 No. 05 5900 United States v. She was on probation arising from her conviction for stealing money from her previous employer. She was ordered to pay $14. Conley was ordered to submit to DNA testing. Claiming that it was unconstitutional because in her case. The district court ruled that it was not able to
	OPINION/ORDER It is indeed questionable whether. The plaintiff could have obtained effective judicial review of the validity of the government's proposed subpoena of the plaintiff's phone records without it. Could obtain records that identify journalists' confidential sources in gross and virtually at will. It is difficult to see in whose best interests such a regime would operate. For the question at the heart of this appeal is not so much whether there is protection for the identity of reporters' sources. Or even what that protection is. How any such protection is overcome. United States Department of Justice regulations have set forth a departmental policy designed to protect the legitimate needs of the news media in the context of criminal investigations and prosecutions. The Department of Justice guidelines are broadly worded. This policy statement is thus intended to provide protection for the news media from forms of compulsory process. [before a subpoena is served on a member of the media. That the information sought is essential to a successful investigation particularly with reference to directly establishing guilt or innocence.
	OPINION/ORDER It is indeed questionable whether. The plaintiff could have obtained effective judicial review of the validity of the government's proposed subpoena of the plaintiff's phone records without it. Could obtain records that identify journalists' confidential sources in gross and virtually at will. It is difficult to see in whose best interests such a regime would operate. For the question at the heart of this appeal is not so much whether there is protection for the identity of reporters' sources. Or even what that protection is. How any such protection is overcome. United States Department of Justice regulations have set forth a departmental policy designed to protect the legitimate needs of the news media in the context of criminal investigations and prosecutions. The Department of Justice guidelines are broadly worded. This policy statement is thus intended to provide protection for the news media from forms of compulsory process. [before a subpoena is served on a member of the media. That the information sought is essential to a successful investigation particularly with reference to directly establishing guilt or innocence.
	OPINION/ORDER We will vacate the sentence and remand. I The facts are undisputed. Bockius was the president and one of four principals of Asset Protection Management. The exact amount is unclear. Bockius' Pre Sentence Report states
	OPINION/ORDER We will vacate the sentence and remand the cause to the district court. Payments were to be by periodic reimbursement for a fixed percentage of costs. NPL's computerized accounting system was designed to track all costs incurred and assign them to the proper contract so progress payment request forms could be automatically generated. Although documentation for costs incurred was necessary in case of an audit. The form itself was sufficient for payment. When NPL was awarded the Oxy Comm contract. It was experiencing cash flow problems which made it difficult to satisfy NPL's working capital and net worth requirements under its loan agreements. Monaco decided that by billing labor to the Oxy Comm contract before it was actually performed. This fixed price contract was also payable under the progress payment system. For reasons that are unclear. The DESI contract was also assigned job number 1040.[fn1] Because of this numerical duplication. Charges related to the Sperry overrun were billed to the DESI contract and resulted in improper progress payments.
	OPINION/ORDER Is corrected as follows: On page 52. With whom Rankin & Sultan was on brief. Weissberg & Garin were on brief. Murray and Ramsey & Murray were on brief. Were on brief. A professional assassin who bragged that he was the
	OPINION/ORDER The brothers were sentenced at the same proceeding to life in prison by the District Court of the Virgin Islands. That the District Court conducted a deficient plea colloquy in part because it was unaware that his plea was linked to his brother's. We will vacate Devin's sentence and remand for re sentencing or withdrawal of his plea. As we have explained. We will dispose of Devin's breach of plea argument now on the merits rather than remanding solely under Booker. 3 1 Amalie. Which was styled as a second superseding indictment.3 In March 2000. Devin and the government were engaged in intense These crimes may be related to earlier proceedings in this Court against Irvine for robbery of the same store three years earlier. The government stated that the murder at the Emerald Lady was prompted by Devin's
	01-4170 -- U.S. V. WELCH -- 04/22/2003 Johnson were the President and . SLBC's primary purpose was to secure. Utah.
	OPINION/ORDER Arguing that it was obtained
	OPINION/ORDER Arguing that it was obtained
	OPINION/ORDER Is amended as follows: On slip opinion page 1252. Replace footnote 3 with the following: Defendant argues that California does not allow lawyers to reveal their clients' secrets under any circumstances and that the only option for a California lawyer in Wilson's position is to resign. 974 F.2d at 129 (
	OPINION/ORDER Is amended as follows: On slip opinion page 1252. Replace footnote 3 with the following: Defendant argues that California does not allow lawyers to reveal their clients' secrets under any circumstances and that the only option for a California lawyer in Wilson's position is to resign. 974 F.2d at 129 (
	OPINION/ORDER Friedland claims that his continued incarceration through denial of parole contravenes the intentions of the district court when it sentenced him and is not justifiable under the parole guidelines and that his cooperation with agents of the United States Government in furthering criminal prosecutions and the interdiction of narcotics entitles him to have his sentence shortened by the district court pursuant to Fed. Was general counsel to the Teamsters Local 701 Pension Fund in North Brunswick. While we do not know whether the government agents ever thought Friedland was dead. In December 1987 he was found and arrested on the Maldive Islands in the Indian Ocean. He then was returned to New Jersey for trial on an indictment for the second group of offenses. While one might have thought that Friedland's ability to scheme now had been exhausted. Events prove that this was not so. He was making it
	OPINION/ORDER An indictment was filed. Charging Defendant with two counts (which were listed jointly. A (four day) jury trial was conducted. A jury verdict was entered. The district court had determined that under the sentencing guidelines Defendant's imprisonment range was twelve to eighteen months. Though neither business impact nor family circumstances would have been sufficient to justify a departure. Certain work on the condominiums (upgrade work and additions) that was done prior to sale which was paid for separately. HOLZ failed to report income from garages he built 2 No. 03 2059 for individuals after they closed on the condominiums and completed other side jobs during the years in question that were not included in his income.
	OPINION/ORDER Sitting by designation. * This is the second time the government has appealed the sentence of defendant appellee Kenneth K. This time because the sentence is unreasonable. HealthSouth's financial results were failing to produce sufficient earnings pershare to meet the expectations of Wall Street analysts. Unless the earnings per share were artificially inflated. Livesay was the Assistant Controller in HealthSouth's accounting department between April 1989 and November 1999. Livesay directly assisted the Controller and the CFO in preparing the financial statements and reports that HealthSouth was required to file with the 3 SEC. Livesay participated in the preparation of HealthSouth's 1998 quarterly and annual reports that were filed with the SEC. Pursuant to 4 U.S.S.G. § 2F1.1(a).2 Livesay's offense level was then enhanced by: (1) 18 levels. Livesay's adjusted offense level was 28. Livesay's advisory guidelines range was 78 to 97 months' imprisonment. (6) facilitated The parties stipulated that the appropriate version of the Guidelines was the November 1998 edition.
	OPINION/ORDER Was on brief for appellee. Judgment was entered in the United States District Court for the District of Maine following a jury trial. The tobacco was transported 3 3 surreptitiously into Canada through the Passamaquoddy Reservation in Pleasant Point. Passamaquoddy Tribe member Anthony Stanley testified that on April 15 he was called to discuss some tobacco business by Beverly Pierro. Who was then serving as chief of police of the Passamaquoddy Tribe (
	OPINION/ORDER Defendant appellant Robert Turner was indicted on sixty counts of health care fraud related to his company's knowing submission of false insurance claims. The remaining counts were dismissed. Turner also claims that (1) the use of general deterrence as a sentencing goal is illegal under 18 U.S.C. § 3553(a). The stamps were used. The plea agreement states that Turner was
	OPINION/ORDER We will again remand for resentencing. The details of the scheme are set forth in our opinion in United States v. When these assets were called upon to pay outstanding medical reinsurance claims. The scheme was uncovered. David Yeaman leased stocks which were purported to be valued at over $12 million but wer e in fact practically worthless. Yeaman was convicted by a jury in 1997 of conspiracy to commit securities fraud and wire fraud. Mendenhall was convicted of four counts of securities fraud. The District Court found that these ranges were appropriate and that they were supported by the facts. Let me say at the outset that this is an unusual situation in that we have two defendants her e who had been sentenced previously and who were each sentenced to periods of incarceration which they entered upon and completed and served and then entered upon their supervised release and their resumption of their civilian pursuits. . . . That my view of this is that. If he were in a position of applying justice and mercy.
	OPINION/ORDER Dobbs's sentence was the minimum Guidelines sentence under the applicable range of 360 months to life with a mandatory consecutive eighty four month sentence for the firearms charges. A central piece of evidence in this case was a May 22. Although Dobbs is Wilson's half brother and admits that he was present in the The date displayed on the videotape of the May 22. 2003 robbery was not May 22. There is no challenge to the fact that the videotape accurately depicts the May 22 robbery. 2 1 store (claiming that he
	UNITED STATES V. STARRETT This document was created from RTF source by rtftohtml version 2.7.5 > United States v. All six appellants were convicted in the United States District Court for the Southern District of Florida for violating the conspiracy provision of the Racketeer Influenced and Corrupt Organizations Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="448"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june95/89-5669.opa.html">UNITED STATES V. STARRETT<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. All six appellants were convicted in the United States District Court for the Southern District of Florida for violating the conspiracy provision of the Racketeer Influenced and Corrupt Organizations Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="448"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0067p-06.pdf">OPINION/ORDER</A><BR> This sentence was calculated using a 50% ratio for converting the 1 No. 04 6428 United States v. Martin argues that (1) the ratio set forth in the Sentencing Guidelines commentary for converting the precursor chemical pseudoephedrine to methamphetamine is invalid both because it does not comply with the statutory mandate and because it is arbitrary and capricious. The Act instructed the United States Sentencing Commission to (1) . . . review and amend its guidelines to provide for increased penalties such that those penalties corresponded to the quantity of controlled substance that could reasonably have been manufactured using the quantity of ephedrine. The quantity of controlled substance that could reasonably have been manufactured shall be determined by using a table of manufacturing conversion ratios for ephedrine. Such that 2 grams of the chemical is equivalent to 1 gram of methamphetamine. That ratio was inserted into the tables in § 2D1.1. Which already established that 1 gram of methamphetamine is to be treated as the equivalent of 20 kilograms of marijuana for sentencing purposes. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="440"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199909/99-3091b.txt">OPINION/ORDER</A><BR> We conclude we have jurisdiction to consider the interlocutory appeal and grant the motion for summary reversal. While the Senate was trying President William J. The New York Times published a front page article captioned </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="440"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/99opinions/99-3091b.html">OPINION/ORDER</A><BR> We conclude we </P> <P>have jurisdiction to consider the interlocutory appeal and </P> <P>grant the motion for summary reversal.</P> <P> I.</P> <P> On January 31. While the Senate was trying President </P> <P>William J. The New York </P> <P>Times published a front page article captioned </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="440"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199909/99-3091a.txt">OPINION/ORDER</A><BR> We conclude we have jurisdiction to consider the interlocutory appeal and grant the motion for summary reversal. While the Senate was trying President William J. The New York Times published a front page article captioned </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="437"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/11/02-2038.htm">02-2038 -- U.S. V. BROWN -- 11/15/2002<BR></A><BR> Leroy Thompson</em> <p> Leroy Thompson is a member of the Navajo Nation and the Native American Church. II App. 286 <em>et seq.</em> He was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="422"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200511198.pdf">OPINION/ORDER</A><BR> Winingear argues that his sentence was unreasonable because the district court did not depart downward by the amount of time Winingear already served in state prison for resisting arresting officers and threatening to murder them. Winingear was indicted in the Southern District of Alabama on nineteen counts of mail fraud. Winingear was arrested in Louisville. Winingear was arrested by Kentucky police for several traffic violations. He was released on his own recognizance the next day. A bench warrant was issued for his arrest. Winingear pleaded guilty in Indiana state court to resisting law enforcement and was sentenced to a term of twelve months in prison. Winingear served six months of his sentence in Indiana before he was returned to federal custody for arraignment and plea in the Southern District of Alabama on the nineteen counts of mail fraud. The PSI specifically stated that Winingear received no criminal history points from his 2004 Indiana conviction because the offense conduct underlying that conviction formed the basis for the obstruction of justice enhancement and was. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="422"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1749.01A">OPINION/ORDER</A><BR> Were on brief for appellee. Were on brief for appellant. Jr. and Dimitri & Dimitri were on brief for appellee. Rivera was convicted of carrying about a pound of cocaine from New York to Providence. She argues that the district court would have departed downward from the minimum thirty three month Guidelines prison term but for the court's view that it lacked the legal </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="408"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/13A5293E282073B488256F7F008235CE/$file/0330470.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a)(1). Shantina Green was the teller at the window. Green said that she did not have fifty or one hundred dollar bills. Was shown the photograph from the bank's surveillance system. Glover said that he believed Beck was the 96 UNITED STATES v. Beck was arrested that same day. Which was Beck. Said that she was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="408"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/10A7A5FD0EA56F0188257059004D190A/$file/0330470.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a)(1). Shantina Green was the teller at the window. Green said that she did not have fifty or one hundred dollar bills. Was shown the photograph from the bank's surveillance system. Glover said that he believed Beck was the person shown in the photograph. Beck was arrested that same day. Which was Beck. Said that she was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="401"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/06/02-2250.htm">02-2250 -- U.S. V. ESPINOZA -- 06/13/2003<BR></A><BR> Although Espinoza's conviction was for a crime involving less than five grams of cocaine. The district court found by a preponderance of the evidence that an additional 278 grams of cocaine discovered at the residence where he was arrested should be attributed to him for sentencing purposes pursuant to U.S.S.G. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="401"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/07/021179P.pdf">OPINION/ORDER</A><BR> Jr. was convicted of one count of transporting child pornography (violating 18 U.S.C. § 2252A(a)(1)) and three counts of possessing child pornography (violating 18 U.S.C. § 2252A(a)(5)(B)). Wolk's primary argument on appeal is that the Supreme Court decision in Ashcroft v. Who was using the screen name of ^fish^. Wolk's wife answered and advised them that Wolk was at a training seminar. Two of the state officers traveled to Wolk's nearby office and informed him that a search warrant was being executed at his residence. The officers advised Wolk that although he did not have to return to his residence. At one point the cars were separated. ]it was of his own free will and that he was free to go at any time[. H]e was not under arrest. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="401"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0186p-06.pdf">OPINION/ORDER</A><BR> A published book by defendant Asante Kahari1 that describes the exact counterfeit check scheme for which Kahari was found guilty. One chapter of Kahari's book describes how to execute this very scam. 1 The defendant was born Aaron Fraser. The sole legal issue preserved for appeal is whether the district court committed reversible error in admitting portions of the book's text into evidence in violation of Federal Rules of Evidence 403 and 404(b). We affirm the judgment of the district court because The Birth of a Criminal was admissible to prove Kahari's intent. Kahari asked Hugg if he could send her some checks because he was moving and did not have a bank account. She told him that she did not have a bank account. Two of the checks were payable to Hugg's mother. Two were payable to Hugg's sister. The total amount of the checks was $38. Hugg testified that she did not know that the checks were counterfeit. Even though Harris knew that he was married to another woman. He was charged with one count of bank fraud. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="401"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0622n-06.pdf">OPINION/ORDER</A><BR> Lorenzo Hibbler ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct1997/97a1733p.txt">OPINION/ORDER</A><BR> This is an appeal from a judgment of the district court. Contend that the district court erred in its determination that Barry was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Oct1997/97a1733p.htm">OPINION/ORDER</A><BR> Circuit Judge. <br wp= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="394"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4213_011.pdf">OPINION/ORDER</A><BR> The only question presented by this criminal appeal is whether. A change in the guidelines that expands the guidelines range for a crime is an ex post facto law and so cannot be applied to a defendant who committed his crime before the change. The sentencing 2 No. 05 4213 range was 18 to 24 months. The sentencing range is 27 to 33 months. As he was required to do by the Sentencing Reform Act. He added that if the 2000 guidelines were applicable to her case instead. He would have sentenced her to only 27 months (above the guidelines range. We are not required to accept its confession. The purpose of the clause is to protect people against being punished for conduct that was not criminal when they engaged in it. Or being punished more severely than their crime was punishable when committed. The purpose is not to enable criminals to calculate with precision the punishments that might be imposed on them. The sentencing guidelines are so complex. No. 05 4213 3 even before they were demoted from mandatory to advisory status incorporated so many leeways for the exercise of judgment by the probation service and district judges. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="390"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-1562_023.pdf">OPINION/ORDER</A><BR> The three defendants whose appeals are before us were convicted along with others of a variety of federal offenses. Having determined that the loss caused by the fraud was $10.6 million. The judge imposed sentences that were within those reduced ranges. He reasoned that $10.6 million was merely an estimate. He had no grounds for rounding down any more than he would have had for rounding up. Since reasonable estimates are proper predicates for calculating loss. The offense level for the first group under the federal sentencing guidelines was 27. Spano complains that while it was the tax offenses that drove him to level 32. The statutory maximum sentence for those offenses was only 60 months. That is irrelevant to calculating his guidelines range. The highest guidelines range of the grouped offenses is the defendant's guidelines range even if the top of the range exceeds the statutory maximum for the offense in question. Provided that his sentence does not exceed the statutory maximum for the count or counts of conviction on which it was imposed. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="390"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/04/99-1526.htm">99-1526 -- U.S. V. ZANGHI -- 04/18/2000<BR></A><BR> The first six months of which were to be in home detention. All other materials that have been filed in this case. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="376"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/09/053487P.pdf">OPINION/ORDER</A><BR> Edwards asked what was going on. Edwards could tell Stephen was indicating that his mother was Shirley Cox. That she was bleeding profusely from her nostrils. He noted that he was among a crowd of between one hundred and twohundred people. Were readily available. Cox did not respond to Edwards' questions about what had happened because she was in pain. Edwards told Cox that an ambulance was on the way. Cox told Edwards that it was David Kenyon who had hit her. Edwards learned that David Kenyon was Cox's ex husband. Edwards addressed the crowd around him and asked if there were any witnesses to the events. He also asked where David Kenyon was. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="376"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/03/99-4245.htm">99-4245 -- U.S. V. MAGLEBY -- 03/07/2001<BR></A><BR> Chief Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="376"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19984605.OPN.pdf">OPINION/ORDER</A><BR> Also presented is the extent to which evidence. Admitted for charges that were later dismissed. Amaretto was beneficially owned by Donovan and his family. Prosperi was granted power of attorney with authority to conduct all the corporation's affairs on Donovan's behalf. Prosperi allegedly diverted the entire $3 million proceeds of the Holigolf transaction for his personal use1 while advising Donovan that these funds were invested in certificates of deposit ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="376"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan2000/98-4605.man.html">UNITED STATES V. PROSPERI (1/28/2000, NO. 98-4605)<BR></A><BR> Also presented is the extent to which evidence. Admitted for charges that were later dismissed. Amaretto was beneficially owned by Donovan and his family. Prosperi was granted power of attorney with authority to conduct all the corporation's affairs on Donovan's behalf.</P> <P> During this period. Prosperi allegedly diverted the entire $3 million proceeds of the Holigolf transaction for his personal use<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="376"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan2000/98-4605.man.html">UNITED STATES V. PROSPERI (1/28/2000, NO. 98-4605)<BR></A><BR> Also presented is the extent to which evidence. Admitted for charges that were later dismissed. Amaretto was beneficially owned by Donovan and his family. Prosperi was granted power of attorney with authority to conduct all the corporation's affairs on Donovan's behalf.</P> <P> During this period. Prosperi allegedly diverted the entire $3 million proceeds of the Holigolf transaction for his personal use<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="376"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19984605.MAN.pdf">OPINION/ORDER</A><BR> Also presented is the extent to which evidence. Admitted for charges that were later dismissed. Amaretto was beneficially owned by Donovan and his family. Prosperi was granted power of attorney with authority to conduct all the corporation's affairs on Donovan's behalf. Prosperi allegedly diverted the entire $3 million proceeds of the Holigolf transaction for his personal use1 while advising Donovan that these funds were invested in certificates of deposit ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="354"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19964676.MAN.pdf">OPINION/ORDER</A><BR> I. Appellant was served with two grand jury subpoenas. One was directed to her in her personal capacity. The other was directed to the custodian of records for a corporation of which she is the sole officer and director. quash the latter subpoena. She stated that she did not have the specified records in her possession and that if she were questioned before the grand jury as to their location. When appellant was called before the grand jury. She testified that she did not have the records. When asked where the records sought in the subpoena were located. The order of contempt was The district court stayed its contempt order until July 1. The issue before us is whether a custodian of corporate records who is not in possession of the records may be compelled to testify regarding their location. V. Testimony is not limited to oral declarations. 1996 was the thirtieth day after this appeal was filed. That 28 U.S.C. § 1826(b) </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="354"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june96/96-4676.man.html">OPINION/ORDER</A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>In re Grand Jury Subpoena United States Court of Appeals. We reverse. I. Appellant was served with two grand jury subpoenas. One was directed to her in her personal capacity. The other was directed to the custodian of records for a corporation of which she is the sole officer and director. She stated that she did not have the specified records in her possession and that if she were questioned before the grand jury as to their location. When appellant was called before the grand jury. She testified that she did not have the records. When asked where the records sought in the subpoena were located. The order of contempt was entered on May 10. In order to allow this court to hear an appeal.
	OPINION/ORDER The guidelines range for his offense was 188 to 235 months. There is no presumption that it is reasonable. The judge must consider the guidelines but is in no sense bound by them. He is bound only by the statutory sentenc 2 No. 06 1523 ing factors. Which are both numerous and vague. There was no basis for the defendant's challenging the exercise of discretion by the sentencing judge in this case and. Not because there were no mitigating factors. Because the balance that the judge struck between them and the aggravating factors was so far inside the outer bounds of his sentencing discretion as to make the claim of unreasonableness frivolous and the appeal a compelling candidate for an Anders brief. It would have been serious misconduct for her to appeal. Is punctuated by numerous arrests. His criminal career culminated in the offense for which he was convicted in the present case. I think the most important factor that leaps out for consideration is a need to protect the public from you. Because each time you have been released from confinement.
	OPINION/ORDER This document was created from RTF source by rtftohtml version 2.7.5 > In re Grand Jury Subpoena United States Court of Appeals. We reverse. I. Appellant was served with two grand jury subpoenas. One was directed to her in her personal capacity. The other was directed to the custodian of records for a corporation of which she is the sole officer and director. She stated that she did not have the specified records in her possession and that if she were questioned before the grand jury as to their location. When appellant was called before the grand jury. She testified that she did not have the records. When asked where the records sought in the subpoena were located. The order of contempt was entered on May 10. In order to allow this court to hear an appeal.
	UNITED STATES V. HUMBER (7/5/2001, NO. 00-11054) We conclude that the two sections are to be applied cumulatively. We affirm the decision of the district court.
	UNITED STATES V. HUMBER (7/5/2001, NO. 00-11054) We conclude that the two sections are to be applied cumulatively. We affirm the decision of the district court.
	OPINION/ORDER United States Attorney at the time the brief was filed. Were on brief. Roy was convicted by a jury of four criminal counts. When there was no response. When he discovered it was secured with bars. Roy told them the gun was his. Which was later identified as PCP. Who was friendly with them. He was awakened around midnight by
	OPINION/ORDER I. Appellant was served with two grand jury subpoenas. One was directed to her in her personal capacity. The other was directed to the custodian of records for a corporation of which she is the sole officer and director. quash the latter subpoena. She stated that she did not have the specified records in her possession and that if she were questioned before the grand jury as to their location. When appellant was called before the grand jury. She testified that she did not have the records. When asked where the records sought in the subpoena were located. The order of contempt was The district court stayed its contempt 2 order until July 1. The issue before us is whether a custodian of corporate records who is not in possession of the records may be compelled to testify regarding their location. V. Testimony is not limited to oral declarations. That they were in the possession of the witness. That they were the documents subject to the subpoena. Where these value communicative and acts the of production the have Fifth
	OPINION/ORDER With them on the briefs was A. With her on the brief were Wilma A. The so called jurisdic tional question raised by all three defendants is the first question we will take up. Among the explicit limitations on the Council is that the Council may not
	OPINION/ORDER Contending that they are entitled to immunity from the action brought by KRL. The investigation was conducted by Hall. A San Joaquin County Deputy District Attorney who was specially appointed to conduct the investigation in Amador County. The address on the check was 15864 Ridge Road. A search of the Ridge Road Property was conducted pursuant to a warrant supported by an affidavit given by Moore. Womack was also indicted for fraud in connection with the use of a contractor's license number. It also stated that
	OPINION/ORDER The production of the Waiver Documents was pursuant to subpoena and pursuant to written confidentiality agreements between Qwest and each agency.(1) In relevant part. Except to the extent that (1) At oral argument Qwest disclaimed any argument that its production of the Waiver Documents to the agencies was involuntary. We take it as settled that Qwest's production of the Waiver Documents was voluntary. Which allows us to focus on material issues rather than extraneous matters. the Staff determines that disclosure is otherwise required by law or would be in furtherance of the Commission's discharge of its duties and responsibilities.
	OPINION/ORDER He argues that the convictions for the two offenses should have been grouped under the United States Sentencing Guidelines (Guidelines). He was sentenced to 324 months imprisonment. Pitts was originally assigned to the FBI Field Office in Alexandria. Pitts was assigned to work as a member of a foreign counterintelligence (FCI) squad in New York City. 1 Pitts also appeals from the district court's alternative determination that if the convictions did group. Pitts was responsible for investigating officers of the Committee for State Security. He was trusted with access to very sensitive and highly classified materials related to counterintelligence operations. His assignment to New York City to investigate agents of the
	98-6273 -- U.S. V. GADDIS -- 10/15/1999 Circuit Judges.
	OPINION/ORDER Were charged with several counts of theft. Are not excluded from the § 666(d)(1) definition of
	OPINION/ORDER Chang Ping Lin (
	03-2251 -- U.S. V. ROOF -- 06/29/2004 INTRODUCTION Defendant appellee Steven Edward Roof was arrested on February 7. The police saw evidence that Roof was manufacturing methamphetamine. Roof argued that the protective sweep was not supported by specific and articulable facts indicating that his home and the detached garage harbored an individual posing a danger to the arresting officers. United States Marshals' Service Deputies received information from DEA Task Force Officer Frank Chavez that federal fugitive Steven Roof was residing at a house at 5512 Delhi NE in Albuquerque. The CI told Chavez that Roof was always heavily armed. Was cooking methamphetamine at the house. Was teaching others how to make methamphetamine. Was using an alias of
	UNITED STATES V. CERCEDA (4/16/1999, NO. 95-4628) Senior Circuit Judge. PER CURIAM: These appeals require us to determine whether a judge's failure to recuse himself from criminal cases in which recusal was required necessitates vacating the resulting judgments and sentences. Moore of the Southern District of Florida was notified in November 1992 that he was the subject of a federal grand jury investigation in the Eastern District of New York.
	OPINION/ORDER This is an appeal from the United States Tax Court's decision upholding the Commissioner's determination that Mr. Mortensen is liable for a section 6662(a) negligence penalty of $784 for the taxable year 1991. The Hoyt Partnerships have generated litigation across the country. Commissioner Page 2 assessment was erroneous or that Mortensen did what a reasonably prudent person would have done under the circumstances. I. The history of these partnerships is complex. Courts have described the partnerships in varying degrees of detail. Hoyt's father was a prominent breeder of Shorthorn cattle and in the late 1960s began promoting cattle breeding partnerships. Hoyt acted as the tax matters partner on each of the partnerships that were subject to the Tax Equity & Fiscal Responsibility Act of 1982. Hoyt was also the general partner and was responsible for the preparation of the tax returns for each partnership and he typically signed and filed each return. Was prepared and signed by Hoyt. Hoyt was also a licensed enrolled agent.
	OPINION/ORDER District Judge: This is a criminal case. We will affirm Vaughn's sentence. FACTUAL AND PROCEDURAL BACKGROUND Vaughn was employed as a book keeper for Ovation Industries. Vaughn was charged with one count of bank fraud to which she pled guilty. The district court enhanced Vaughn's base offense level by sixteen levels because the loss was more than a million dollars but less than 2.5 million dollars. Vaughn was also ordered to pay $1. An appellate court may only correct an error not raised at trial if there is (1) error. (2) that is plain. (3) that effects substantial rights ... [i]f these three conditions are met the appellate court may exercise its discretion to notice a forfeited error. Does not stand for the proposition that double counting is impermissible under all circumstances. This defendant's final offense level will be the same as that of a defendant who engaged in two forms of conduct deemed punishable under the Sentencing Guidelines.
	UNITED STATES V. CERCEDA (4/16/1999, NO. 95-4628) Senior Circuit Judge. PER CURIAM: These appeals require us to determine whether a judge's failure to recuse himself from criminal cases in which recusal was required necessitates vacating the resulting judgments and sentences. Moore of the Southern District of Florida was notified in November 1992 that he was the subject of a federal grand jury investigation in the Eastern District of New York.
	OPINION/ORDER Who was found guilty by a jury of conspiring to commit bank. Jurisdiction Jurisdiction was proper in the district court based upon 18 U.S.C. § 3231. Jurisdiction is proper in this court based upon 18 U.S.C. § 3742(b) and 28 U.S.C. § 1291. The notice of appeal was timely filed pursuant to Fed. Were charged in the district court in a three count indictment. Counts II and III of the indictment were subsequently dismissed and are not at issue in the present appeal. Doyon pled guilty and was sentenced to two years imprisonment. Lininger's sentencing was postponed until after O'Malley's trial. Sam's Club was a large volume purchaser and distributor of freon. Business development managers for Sam's Club were responsible for 2 marketing Sam's Club products to large volume purchasers. Large volume purchases and sales by Sam's Club were controlled by its purchasing and sales department. Lininger and Doyon were among the business development managers who were permitted to have such control. The district court and the parties have similarly assumed that the 1995 version of the guidelines applies in the present case.
	OPINION/ORDER The police discussed several potential threats to officer safety including the fact that pit bull dogs (known for their hostility to strangers) had been seen on the property (although it was unclear whether the dogs belonged to Sutton or a neighbor) and the fact that some individuals seen entering Sutton's home had a history of drug and weapons offenses. The officers decided to have their firearms at the ready when they executed the warrant. Reilly noticed that the screen door was almost ripped out consistent with the presence of dogs. She also noted that the inner door was slightly ajar. No weapons or pit bulls were found during the subsequent search. Sutton was ultimately charged with conspiracy to commit bank fraud and with bank fraud. The district court found that the Madison officers' failure to comply fully with the knockand announce requirement was reasonable based on the circumstances and the information the officers had at the time. After her suppression motion was denied. She was sentenced to two concurrent terms of twenty one months imprisonment.
	OPINION/ORDER Defendants Blanding's and Derrick's convictions (as well as Taylor's and Gordon's) were eventually overturned by this court on appeal on the grounds that the intervening Supreme Court decisions in McCormick v. Rendered defective the jury instructions that were given at their trials. All three cases were remanded to the district court for retrial. Are now deceased. Neither of these individuals is a party to this appeal. Was concluded in October of 1994. All of these materials were to be surrendered by December 1. That the government take every scrap of paper that they have. The district court concluded that the government's argument that the drugrelated audiotapes produced in March of 1995 were not relevant or discoverable under Brady was
	OPINION/ORDER The Inmates are Muslims. Other individuals who are challenging a grooming policy that requires all male inmates to keep their hair short and their faces shaven (the Grooming Policy). Mohawks and other
	OPINION/ORDER We will affirm. I. The parties are familiar with the facts. Which are only briefly recited. Casselhoff Feinberg told Sergeant Shirey that she and Amato were arguing inside his residence when she struck him on the forearm with a dog collar. Amato stated that he was going to call the police. When asked whether he was hit by the car. Alleging that he was injured after being hit by an automobile. Stated that he was being treated at the hospital for a fractured hip and tail bone. Sergeant Shirey was surprised by Amato's injuries because Amato stated previously that he was not hit by the car. The 911 tapes were then reviewed by Sergeant Shirey and Agent Waugaman. After the criminal complaint and affidavit of probable cause were filed. An arrest warrant was issued. A 3 preliminary hearing was held by Senior District Justice Frank Delbane. Agent Waugaman filed a motion to dismiss contending that probable cause to arrest existed and that he was entitled to qualified immunity. Finding that probable cause existed based on Amato's conflicting statements regarding whether he was hit and injured by Casselhoff Feinberg's car.
	OPINION/ORDER Ebbers was the Chief Executive Officer (
	OPINION/ORDER Were on brief for appellee.
	OPINION/ORDER P.C. were on briefs for defendant. Was on brief for the United States. Franklin Delano Lopez was convicted on seven counts charging him with white collar criminal offenses under federal law. Able counsel on both sides have briefed a host of issues. The case is remanded for resentencing on the two affirmed counts and for retrial on the five vacated counts. I. BACKGROUND Lopez was tried under a superseding indictment returned on February 18. No description of the events is necessary to our disposition of these false statement counts. The properties were financed by the Farmers' Home Administration. The gist of the government's charge was that in 1988 Lopez had withdrawn the sums in question from these accounts without the required permission and had created false invoices on the letterhead of a construction company to account for the withdrawals. That the invoices were nevertheless supplied 3 3 to auditors to explain the withdrawals. Lopez was rushed to a hospital emergency room with serious symptoms. Later tests revealed that Lopez was suffering a small brain lesion or tumor which was serious but.
	LIPMAN, STEVEN E. V. DICKINSON, Q. TODD With him on the brief was William K. With him on the brief were Albin F. Was not an abuse of discretion. We affirm.1 BACKGROUND The facts are contained in the Memorandum Opinion and Order of the district court dated July 19. They are set out below. Steven E. Lipman represented Ronald Wallace whose application for registration to practice before the PTO was disapproved on March 5. Wallace's application was denied despite the submission of seventeen letters and affidavits attesting to his character and reputation. These included four affidavits executed by attorneys who were members of the Vinson and Elkins (V&. Who was then an employee of that firm. Which was due to be filed on May 7. The draft appeal petition was sent to Wallace for comment on April 27. E affidavits were not to be used
	OPINION/ORDER Argues that Bothell is an exempt
	OPINION/ORDER Were involved in various related business entities that were engaged in the cattle buying and management business throughout the 1980s and 1990s. Nearly $16 million was recovered from assets of the companies and distributed to the fraud victims. The appellants cooperated extensively with the government agencies that were investigating the fraud. Appellants argue that the appeal waivers contained in their plea agreements do not foreclose their Blakely challenge because the waiver was not knowing. Their arguments are unavailing.
	OPINION/ORDER Circuit Judge Defendant Appellant Henry Byrd appeals his sentence of thirty months' imprisonment on the grounds that the sentence imposed was unreasonable because the District Court treated the Sentencing Guidelines as mandatory rather than advisory. We will affirm the judgment of sentence. We will only briefly state the facts. Byrd was a loan officer at First Union Bank (
	01-8037 -- ROBBINS V. WILKIE -- 08/21/2002 The BLM failed to properly record the easement and Appellant was unaware of its existence at the time of purchase. The BLM's easement was extinguished. Appellant alleges that BLM employees indulged in various forms of extortion in an attempt to force Appellant to re grant the easement BLM had lost. He also alleges that Defendants conspired to bring criminal charges they knew were without merit against him. Appellant was acquitted of the criminal charges after a jury trial. Because the court held that Appellant was without standing to bring a RICO claim and had not made a cognizable Bivens claim. It opined that it was
	OPINION/ORDER I I The facts relevant to this appeal are not now disputed. The two indictments were consolidated and Lilly pled guilty to all counts on February 25. 000 and the Claremont losses at 1We have described a land flip as
	UNITED STATES V. PROWS Tracy Prows was convicted of mail fraud and wire fraud for his role in a scheme to obtain software from WordPerfect at discounted prices by misrepresenting the identity of the purchaser. The district court misconstrued what is required for a conviction under the mail fraud and wire fraud statutes. We find that Prows was not prejudiced by his counsel's performance. Background Petitioner Appellee Tracy Prows was the owner of Computerland of Ogden. He was approached by James Baker who wanted to buy large quantities of WordPerfect software at a discount and resell them. Prows was an authorized WordPerfect dealer. He told Baker that discount prices were available when the software was purchased under a site license. A site license is an agreement whereby WordPerfect sells a large number of programs at a discount to a buyer who agrees that the programs will be exclusively for its own use and will not be resold. The discounts available under a site license are substantial. 1995 WL 143433 (Table) (10th Cir. 1995) (unpub.). price available to a WordPerfect dealer was $198 per unit of software.
	OPINION/ORDER Were on brief for appellee. I I BACKGROUND BACKGROUND This is the third and final installment in the appel late proceedings arising out of the extensive money laundering operation headed by Stephen Saccoccia from the mid 1980s until late 1991. The earlier proceedings are reported in United States v. After Gabriele was indicted for alleged participation in the Saccoccia criminal enterprise. Some of the gold was delivered to Recovery Technologies. The gold was kept in a safe purchased by Saccoccia and installed at RTI with Gabriele's consent. At one point Gabriele prophetically observed in relation to the gold deliver ies:
	OPINION/ORDER We will reverse. Fasold was thirty three 1 years old in 1986 when he began In its memorandum opinion. The District Court erroneously stated that Fasold was born September 24. When he was in 2 1 his work as a detective at the Montgomery County District Attorney's Office.2 During his first two years with the District Attorney's Office he worked in the Major Crimes Unit. In 1988 he went to the Narcotics Unit where his primary duty was the care. He was transferred back to the Major Crimes Unit where he spent the next eight years. His primary responsibility was the investigation of white collar crime. Fasold was told that effective January 2. He was being transferred back to the Narcotics Unit. Fasold was uncomfortable with the proposed move because of his lack of experience in Narcotics (the drug dog aside) and his positive work experiences and evaluations in Major Crimes. Fasold remembered that the detectives in Narcotics were expected to work with informants and to make undercover buys tasks for which Fasold felt ill suited.
	OPINION/ORDER While it is true that under\ existing circuit precedent. This is beside the point. A sentence which\ takes into account a Sentencing Guidelines policy statement is. The Supreme Court held that it was\
	OPINION/ORDER Wilson's sentencing guideline range was 33 to 41 months.
	OPINION/ORDER The central issue on appeal is whether the district court erred in granting summary judgment in favor of Grosse based upon its conclusion that the she did not act in bad faith within the meaning of the ACPA. I. BACKGROUND This case arises from a dispute related to landscaping work that was performed by Lucas Nursery at the residence of Michelle Grosse. Grosse contends that the work was performed inadequately. The web page was titled. Patent & Trademark Office to determine whether there was a registered trademark for Lucas Nursery. Summary judgment is proper if
	00-6411 -- SURBER V. ROBERTSON -- 08/22/2001 The case is therefore ordered submitted without oral argument. Plaintiff appellant James Surber appeals from the district court's order granting summary judgment in favor of defendant Graham Robertson on Surber's civil rights complaint brought pursuant to 42 U.S.C.
	OPINION/ORDER Joe Mack Pool was convicted by a jury of one count of conspiracy to commit bribery and money laundering. He was tried and convicted of over ninety counts of public official bribery and conspiracy to commit bribery and money laundering. The guidelines range was thirty three to forty one months' imprisonment and the district court sentenced Pool to five years' probation. The government claims that the sentence imposed by the district court is unreasonable because Pool is not an atypical defendant when compared to others convicted of the same crimes and that the record does not support a probationary sentence. At the sentencing hearing at least four people testified on Pool's behalf in an attempt to seek a reduction in sentence: (1) Pool's brother testified that Pool bought him a house after his was destroyed by a tornado. (2) a family friend testified that Pool was generous in giving his money to people that others might not be thoughtful enough to consider. That Pool was a surrogate father to him and was instrumental in the boy's future successes and that Pool went to church often and was charitable.
	OPINION/ORDER Pazden was convicted in state court on a 119 count indictment involving
	00-1316 -- U.S. V. WALSH -- 04/02/2001 Jr. was convicted following a jury trial on nine counts of mail fraud in violation of 18 U.S.C.