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1000 WILLIAM F. ALLEN, V. ANTHONY J. PRINCIPI

With him on the brief was Stephen L. With him on the brief were David M. Of counsel on the brief were Richard J. Was ". We hold that we have jurisdiction over this remand order because the Veterans Court
980 OPINION/ORDER
We must determine whether an attorney who provided no defense at the guilt or penalty phase was ineffective in defending a young drug dealer. Who was an alcohol and drug abuser. When relief was denied in district court. We VACATE the denial of habeas relief as to the death sentence and REMAND to the district court for an evidentiary hearing to determine if petitioner is entitled to habeas relief because of ineffective assistance of counsel at the sentencing phase. Who was unemployed but a drug dealer and For factual completeness to address the issues on appeal in our independent review. We include facts from affidavits and expert reports that were exhibits at the 3.850 proceeding but were not part of the record before the district court. It was evident that we needed to review them. The exhibits were filed as
891 OPINION/ORDER
We have jurisdiction pursuant to 28 U.S.C. §1291 and we affirm on all issues. Engstrand had almost all of his fingers amputated while working on a team that was splitting firewood for Little Joe's Tavern. The amount of such consumption is in dispute: CWIC claims only a moderate amount was drunk by the team while Troutt claims that the vats were flowing freely and that alcohol was a major contributing factor to Engstrand's accident. Was notified of the accident. The investigator was not notified of Lee Troutt's statement that did not attribute the accident to alcohol at that time even though Troutt's attorney possessed a copy of such statement in his file. Because the investigation failed to turn up any evidence that the accident was alcohol related. Stated during her deposition that both Lee Troutt and another member of the team were visibly intoxicated when they left the bar at 2:00 a.m. Lee Troutt admitted that it was possible that he had a hangover the day of the accident. Several members of the team were deposed.
891 OPINION/ORDER
We have jurisdiction pursuant to 28 U.S.C. §1291 and we affirm on all issues. Engstrand had almost all of his fingers amputated while working on a team that was splitting firewood for Little Joe's Tavern. The amount of such consumption is in dispute: CWIC claims only a moderate amount was drunk by the team while Troutt claims that the vats were flowing freely and that alcohol was a major contributing factor to Engstrand's accident. Was notified of the accident. The investigator was not notified of Lee Troutt's statement that did not attribute the accident to alcohol at that time even though Troutt's attorney possessed a copy of such statement in his file. Because the investigation failed to turn up any evidence that the accident was alcohol related. Stated during her deposition that both Lee Troutt and another member of the team were visibly intoxicated when they left the bar at 2:00 a.m. Lee Troutt admitted that it was possible that he had a hangover the day of the accident. Several members of the team were deposed.
863 GRAYSON V. THOMPSON (7/16/2001, NO. 00-15721)

Darrell Grayson was convicted of the capital murder of an elderly widow and sentenced to death in the Circuit Court of Shelby County. Annie Laura Orr was an eighty six (86) year old widow who lived alone in her house in Montevallo. They were armed with a .38 Caliber handgun. Orr was elderly. Orr's bedroom where she was apparently sleeping. Darrell Grayson then placed a pillowcase over her head and wrapped two relatively long lengths of masking tape very tightly around her head so that when they were finished he[r] head then appeared to be that of a mummy. Orr's murder and was familiar generally with the Grayson family. Officers knew that Kennedy and Grayson were friends and had been seen together the previous night. Officers were aware that Grayson had worked for Mrs. Orr previously and that he was familiar with her residence. Grayson's Confessions

863 GRAYSON V. THOMPSON (7/16/2001, NO. 00-15721)

Darrell Grayson was convicted of the capital murder of an elderly widow and sentenced to death in the Circuit Court of Shelby County. Annie Laura Orr was an eighty six (86) year old widow who lived alone in her house in Montevallo. They were armed with a .38 Caliber handgun. Orr was elderly. Orr's bedroom where she was apparently sleeping. Darrell Grayson then placed a pillowcase over her head and wrapped two relatively long lengths of masking tape very tightly around her head so that when they were finished he[r] head then appeared to be that of a mummy. Orr's murder and was familiar generally with the Grayson family. Officers knew that Kennedy and Grayson were friends and had been seen together the previous night. Officers were aware that Grayson had worked for Mrs. Orr previously and that he was familiar with her residence. Grayson's Confessions

861 CROSBY V. PAULK (9/10/1999, NO. 97-8585)

Circuit Judge:

This interlocutory appeal requires us to determine if local law enforcement officers and a state revenue agent are entitled to qualified immunity for investigating underage drinking and after hours sales of alcohol in nightclubs. The Valdosta/Lowndes/Brooks Drug Task Force (

861 CROSBY V. PAULK (9/10/1999, NO. 97-8585)

Circuit Judge:

This interlocutory appeal requires us to determine if local law enforcement officers and a state revenue agent are entitled to qualified immunity for investigating underage drinking and after hours sales of alcohol in nightclubs. The Valdosta/Lowndes/Brooks Drug Task Force (

848 OPINION/ORDER
We are asked to decide whether the decision of the Retirement Board for the National Football League's retirement plans. Was arbitrary and capricious. Courson contends he is entitled to a higher level of disability benefits. Because we find the Board's decision was reasonable and supported by substantial evidence. We will affirm the judgment of the District Court. Is now in need of a heart transplant. Courson was drafted by the Pittsburgh Steelers Football Club. Courson played professional football for the Steelers from the time he was drafted in 1977 until the end of the 1983 season. He was traded to the Tampa Bay Buccaneers Football Club in 1984 and played for that team during the 1984 and 1985 seasons. Which was eventually published in 1991 under the title. Courson found out he was flat broke. Courson was exposed to the use of anabolic androgenic steroids (
828 OPINION/ORDER
As he was attempting to navigate a curve. Olson lost control of his Explorer because its cruise control actuator cable was defectively designed. Olson was unable to overcome even with hard braking. The case was tried to a jury. Olson were each 50% at fault. The jury would not have found that Mr. When an Explorer is accelerating. The power brakes are much less effective and require much more force to overcome the acceleration. The reason for this difficulty is that stepping on the brakes depletes the braking system's vacuum booster. When the vehicle is accelerating. The power braking system does not create another vacuum as efficiently as it does when the vehicle is not accelerating. Which was bent backwards during the accident. Ford countered with evidence that the seat was bent as a result of the impact with the tree. Olson contended that the brake pedal assembly was bent and the rubber brake pedal pad was distorted. She argued that this was consistent with her theory that Mr. Ford argued in response that the brake pedal assembly was not actually bent.
819 00-4058 -- UTAH LICENSED BEVERAGE ASSOCIATION V. LEAVITT -- 07/24/2001

We have jurisdiction pursuant to 28 U.S.C.
815 OPINION/ORDER
Is amended as follows: On page 34. Was on brief for appellant. Were on brief for appellee. Circuit Judge. law imposes a two day mandatory minimum jail sentence on defendants who refuse to take a blood/alcohol test and are later convicted of operating a motor vehicle under the influence of intoxicating liquor. 29 M.R.S.A. 1312. Roberts' constitutional right to due process was violated and his petition for writ of habeas corpus must be granted as to his two day mandatory sentence. Officer Main smelled alcohol on Roberts' breath and suspected Roberts was driving while intoxicated but initially arrested Roberts only for operating a vehicle with a suspended license in violation of 29 M.R.S.A. 2184. Which is normally read to any driver stopped or arrested for operating under the influence of intoxicating liquor pursuant to 29 M.R.S.A. 1312. The form states: By operating or attempting to operate a motor vehicle in this State you have a duty to submit to and complete chemical tests to determine your blood alcohol level and drug concentration.
804 OPINION/ORDER
Filler were on brief. Were on brief. Klimaski were on brief for amicus curiae Aircraft Mechanics Fraternal Association in support of the respondent. They challenge the FAA's conclusion that it was not required to The petitioners are: Aeronautical Repair Station Association. Inc. and Minas Serop Jilizian intervened as petitioners. 1 3 conduct a regulatory flexibility analysis under the Regulatory Flexibility Act (RFA) because the Rule does not have a significant adverse effect on small entities. 048. 3 2 The eight functions listed were: a. Which were substantially the same as those in the 1988 Rule. The FAA explained that it proposed including the italicized language
793 OPINION/ORDER
Claiming that she was unable to work due to her physical and mental impairments. A hearing was held in 1993. A second administrative hearing was held. A third hearing was held on June 27. A third ALJ decision denying her application was issued on October 25. I. An ALJ pursues a familiar five step inquiry in determining whether a claimant is disabled. The ALJ must determine whether the claimant has demonstrated that she is unable to perform either her past relevant work. The ALJ followed this five step process and determined that Vester did suffer from a combination of impairments that was
787 OPINION/ORDER
Is GRANTED. The published opinion is filed nunc pro tunc to August 23. A copy is attached. Her application was administratively denied initially and on reconsideration. Salazar was thirty five years old. She was the divorced mother of three children. There was also documentation concerning numerous suicide gestures. (1) The parties consented to the jurisdiction of the magistrate judge.
In a decision dated April 14. Medical Record The earliest medical report in the record is from January 24. Salazar was seen by a clinical therapist at the Health Centers of Northern New Mexico (HCNNM). Salazar was treated at St. The emergency room physician noted that she was
787 OPINION/ORDER
Because we conclude that the record sufficiently supports the Village's claim that the liquor prohibition is a reasonable attempt to reduce or eliminate the undesirable
783 OPINION/ORDER
Circuit Judge: This case involves two airline pilots who have been charged with violating Florida criminal statutes prohibiting the operation of an aircraft while intoxicated. They assert that the Florida statutes at issue are preempted by federal law. Because we find the preemption claims in the instant case are not facially conclusive. We hold that the district court should have abstained. The pilots were instructed to taxi back to the gate. Whereupon they were interviewed by MiamiDade police officers. Approximately two hours later were taken to a MiamiDade police station where the officers administered breathalyser tests to both appellees. The breathalyser results were 0.084 and 0.081 breath alcohol level for Hughes and 0.091 and 0.090 breath alcohol level for Cloyd. Appellees were subsequently charged with operating an aircraft while intoxicated. Appellees claimed that federal law preempted the Florida state statutes under which appellees were being prosecuted and therefore the district court should.
783 OPINION/ORDER
McKissic also contends that he should have been given notice that the court was contemplating such special conditions. It was determined later that the weapon was only a pellet gun. Was apprehended by the police a few blocks away. McKissic had dropped out of high school during his senior year and does not have a high school diploma. Including a 2001 conviction for domestic battery for which he was on probation when he committed the bank robbery. The court noted that it was
776 SAMMY'S OF MOBILE, LTD. V. CITY OF MOBILE (5/8/1998, NO. 96-7073)

Encourages undesirable behavior and is not in the interest of the public health. The Candy Store were licensed to sell alcoholic beverages for on premises consumption and offered topless female dancing. The complaint alleges that the ordinance is unenforceable under the doctrine of equitable estoppel and that it violates the free speech clause of the First Amendment. The equal protection clause of the Fourteenth Amendment and that the ordinance is unenforceable under the doctrine of res judicata.
776 SAMMY'S OF MOBILE, LTD. V. CITY OF MOBILE (5/8/1998, NO. 96-7073)

Encourages undesirable behavior and is not in the interest of the public health. The Candy Store were licensed to sell alcoholic beverages for on premises consumption and offered topless female dancing. The complaint alleges that the ordinance is unenforceable under the doctrine of equitable estoppel and that it violates the free speech clause of the First Amendment. The equal protection clause of the Fourteenth Amendment and that the ordinance is unenforceable under the doctrine of res judicata.
770 OPINION/ORDER
The only issues on which Stewart was granted a certificate of appealability are whether Stewart's trial counsel was ineffective in failing to: (1) provide the mental health expert witness with all available information to identify possible mitigating circumstances. While he was hitchhiking. Who was visiting the grandparents. Trial counsel argued that Stewart was guilty of aggravated battery and manslaughter or. Trial counsel thus believed that Stewart's testimony
770 OPINION/ORDER
Has been incarcerated for 39 years in a Pennsylvania penitentiary for his conviction in 1969 of the first degree murder of twelve year old Edith Connor.1 He was sentenced to life imprisonment. Thomas was arrested on October 15. That conviction was vacated in 1967 upon discovery that the Commonwealth's lead witness. He was again convicted in 1969 for first degree murder based entirely on the testimony of Dr. It is reasonable to infer that Thomas's successful appeals to the Commonwealth Court incurred the ire of the Board. Who once more unanimously recommended his release and noted that he was in compliance with treatment programs. Post release support networks were in place. New to this third denial was the Board's classification of Thomas on the Guidelines form as a
763 HICKS V. TALBOTT RECOVERY SYS., INC. (11/22/1999, NO. 98-8821)

Was employed as an internist by Baylor University Medical Center (
763 E.T. HORN COMPANY V. U.S.

Argued for plaintiff appellant.   With her on the brief was Joseph P. Argued for defendant appellee.  With him on the brief were Peter D. International Trade Field Office.  Of counsel on the brief was Chi S. Which has the chemical formula Cl CH2 CH2 O CH2 CH2 Cl.  DCEE is an acyclic ether. It is a symmetrical acyclic ether because the carbon containing groups (Cl CH2 CH2) attached to the oxygen atom are the same.  To produce its DCEE. Which applies to diethyl ethers.  It did so because DCEE is a structural derivative of diethyl ether. derivatives of a chemical compound (or group of chemical compounds) are to be classified in the same subheading as that compound (or gro
763 HICKS V. TALBOTT RECOVERY SYS., INC. (11/22/1999, NO. 98-8821)

Was employed as an internist by Baylor University Medical Center (
763 OPINION/ORDER
Miller and Officer Harget was non coercive and that no detention triggering the protection of the Fourth Amendment occurred until Officer Harget reasonably suspected Mr. Miller's arrest was supported by probable cause. Miller was living at the time. He was staying at the hotel in order to shorten his commute to work. Which was about twenty five miles away. He was hoping to park in the back. Close to where his room was located. There were no spaces available. Officer Harget testified that he was on duty in the area around the HomeTown Inn in a marked patrol car at approximately 10:15 p.m.. He was parked in the entrance of the public storage facility near the HomeTown Inn. Officer Harget
757 OPINION/ORDER
After she was fired because her urine tested positive for alcohol in violation of company policy. It is unclear why Cooper's gambling addiction should have led to random alcohol and drug testing. Such was the agreement between her and her employer on her return to work. Cooper is a diabetic. Which is used almost exclusively for the treatment of diabetes. An employee is required to list the medications she is currently taking. Which Esab duly noted on the form that accompanied Cooper's urine sample when it was transmitted to the laboratory. The disparity is consistent with Cooper's theory that her urine tested positive for alcohol due to her diabetes. Which will ferment into alcohol when mixed with yeast or bacteria. Cooper informed him that she was a diabetic and did not consume alcohol. Cooper had also gone to her family doctor to have her blood and urine tested for alcohol on April 5. Were negative. The moving party must
750 OPINION/ORDER
Union Township amended the resolution to eliminate the provisions that the district court concluded were likely to be held unconstitutional. Union Township also eliminated other provisions that were not found to be suspect by the district court. A divided panel of this court ruled in favor of Deja Vu on the following two points: (1) that the resolution was an unconstitutional prior restraint on protected First Amendment expression because it failed to provide for prompt judicial review of an adverse licensing decision. (2) that the resolution's more restrictive closing times for adult cabarets without liquor licenses as compared to those with liquor licenses was a violation of the First and Fourteenth Amendments. We granted a rehearing en banc to reconsider whether the resolution is consonant with both the First and Fourteenth Amendments. The resolution was enacted pursuant to the authority granted to Union Township by Ohio Revised Code § 503.51 59 for the purpose of protecting the
750 OPINION/ORDER
Line 17 the date
744 CRONIN MICHAEL P. V. FAA
744 INTL BRHD TMSTR V. FHA
744 OPINION/ORDER
Circuit Judge: At issue today is the constitutionality of several zoning and public nudity ordinances adopted by the City of Daytona Beach (
744 OPINION/ORDER
Sr. was convicted by a jury of involuntary manslaughter under 18 U.S.C. §§ 1153 and 1112. It is undisputed that Iron Cloud never applied his brakes and was driving 15 miles per hour in a 10 mile per hour zone before the accident occurred. Abel Iron Rope had an extensive history of mental illness and was characterized by his family as a danger to himself and to the community. Iron Rope ran out directly in front of his patrol car and the officer was barely able to avoid hitting him. The exact amount of alcohol that Iron Cloud had consumed is a matter of dispute. There was also disputed evidence that Iron Cloud had been smoking marijuana. This information was obtained by a blood test taken five hours after the accident. The government's expert testified that Iron Cloud smoked marijuana within the time period of one hour before the crash to when the blood was taken. Who was sitting up and nodded when asked if he was fine. Iron Cloud was arrested and approximately one hour after the accident he was given an intoxilyzer breath test which registered his blood alcohol level as .11 percent.
737 OPINION/ORDER
Herbert Lee Bass and Todd Wakefield were adjudicated guilty of violating 21 U.S.C. §§ 841(a)(1). Each will serve an additional five years on supervised release. Claiming that the district court abused its discretion when it (1) permitted the Government to implicate Bass in what he contends were other criminal schemes. Wakefield maintains that the district court wrongfully levied special conditions of supervised release which are crafted to ensure that he totally abstains from alcohol usage. We must consider whether
728 DOUGHTY V. APFEL (3/28/2001, NO. 99-15411)

Doughty was denied benefits pursuant to the Contract with America Advancement Act of 1996 (
728 00-6072 -- BLACK V. M & W GEAR CO. -- 11/07/2001

Jurisdiction was based on diversity of citizenship under 28 U.S.C.
728 OPINION/ORDER
Circuit Judge: This case is a powerful indictment of the criminal justice system. Our social and penal policies are failing to alleviate alcohol abuse on Indian reservations and the crime to which it gives rise. Jr. (
728 DOUGHTY V. APFEL (3/28/2001, NO. 99-15411)

Doughty was denied benefits pursuant to the Contract with America Advancement Act of 1996 (
722 OPINION/ORDER
This case is being decided by a quorum due to the death of Judge Nelson on 17 May 2003. I. PROCEDURAL HISTORY This is the third appeal in this litigation. We concluded the Adult Ordinance and the Alcohol Ordinance were content neutral and subject to the intermediate level of scrutiny established by United States v. We also concluded that the Adult Ordinance was not unconstitutionally vague. Additionally provides in pertinent part: If the City Council has not approved or disapproved an application for a license within forty five (45) days from the date such application was received by the City Clerk. Then on the expiration of the forty fifth (45th) day: (1) the application shall be approved and the City Clerk shall immediately issue the license for which application was made. (2) the applicant shall have the right to begin operating in the manner allowed by the license for which application was made. The district court found Artistic was not entitled to damages for the period during which the City required it to refrain from offering alcoholic beverages in conjunction with nude dancing.4 Agreeing with Artistic that the entire Adult Ordinance was unenforceable.
722 OPINION/ORDER
While Reed was making dinner. While they were talking. Henyard told her he was going to a night club in Orlando and to see his father in South Florida. The Lewis girls were crying and upset. This is Satan.
722 OPINION/ORDER
Their child was subjected to an unconstitutional search and that. Plaintiffs argue that the school's drug policy is unconstitutionally vague and assert a state law claim for assault and battery against the health care provider and nurse (
722 OPINION/ORDER
Doughty was denied benefits pursuant to the Contract with America Advancement Act of 1996 (
722 OPINION/ORDER
Doughty was denied benefits pursuant to the Contract with America Advancement Act of 1996 (
713 OPINION/ORDER
Were on brief for appellant. Were on brief for the United States. *Of the Third Circuit. This is an appeal from a judgment entered in the United States District Court for the District of Maine in favor of the United States on plaintiff Kathleen Barker Clement's claim of negligence.1 Plaintiff sued the United States under the Federal Tort Claims Act. Plaintiff claimed that Barker's suicide was the result of negligent medical care and treatment provided by the Veterans Administration Hospital (
713 OPINION/ORDER
The parties are familiar with the facts and procedural history. Appellant argues that the decision of the administrative law judge (
713 OPINION/ORDER
We will affirm. The company's Drug and Alcohol Policy and any provisions of the expired Agreement that were not part of the negotiations. A positive test result or refusal to submit to a drug test is grounds for disciplinary action. Exxon explained it would be aggressively enforcing its Alcohol and Drug Policy and gave
713 OPINION/ORDER
Osenbrock contends that the administrative law judge's (
713 OPINION/ORDER
A perfusionist is a surgical room technologist who operates the heart lung machine during cardiopulmonary bypass. Torres was examined by an audiologist at Mountain Plains Audiology Associates. He was very concerned about the loss and the difficulty it caused in communicating. It would be typical for him to experience difficulty with speech discrimination ability in situations where background noise is present.
713 OPINION/ORDER
The factual account below is drawn from the three amended complaints. The parties and the magistrate judge agree that the United States is the only proper defendant. Jones was reported to be drunk and under the influence of narcotics. To have left the campus twice to drink. The students allege that
713 OPINION/ORDER
Osenbrock contends that the administrative law judge's (
713 OPINION/ORDER
Circuit Judge: This case presents the question whether under New Jersey law a casino patron may recover from a casino for gambling losses caused by the casino's conduct in serving alcoholic beverages to the patron and allowing the patron to continue to gamble after it becomes obvious that the patron is intoxicated. That while he gambled he was served free alcoholic beverages until he became intoxicated. The appeals were consolidated. Our task in this appeal is to predict whether the Supreme Court of New Jersey would recognize claims such as those asserted by the plaintiff. For neither the Supreme Court of New Jersey nor the Appellate Division has addressed the question that is now before us or any closely related question. Because the question is both difficult and important. Therefore we are relegated to predicting what the Supreme Court of New Jersey would do if it were confronted with this question.[fn2] While we are required to venture this prediction and while we recognize the need to issue a published opinion for the guidance of the district courts in the circuit.
704 OPINION/ORDER
David Speers was arrested for drunk driving. He was released on bond. Speers was scheduled to appear in court on the drunk driving charge. He was placed on sick call. Gray determined that Speers was in the early stages of alcohol withdrawal. Noted that he had tremors in his upper body and observed that he was very nervous. Speers was returned to the receiving floor and placed in the medical observation cell. Deputy Barry Mangold noticed at the beginning of his shift (7:00 a.m.) that although Speers was in the medical observation cell. He did not have a check card requiring guards to monitor his condition regularly. After looking at his file and determining that Speers was suffering from the
704 OPINION/ORDER
Thi s is Behler's third appeal of the sentence imposed upon him following his 1992 convictions on several drug trafficking charges. I. The facts underlying Behler's drug trafficking convictions are fully set forth in our prior opinions. Behler was involved in substantial drug trafficking. The district court alternatively found that the originally imposed enhancements still were appropriate. A. Behler argues that the vacation of his section 924(c) conviction unbundled his entire 4 was unaffected by such enhancements. We expressly stated that we were provisionally vacating the drug convictions for one purpose:
704 OPINION/ORDER
With him on the brief were Jamie H. Of counsel were Justin M. With him on the brief were Gordon G. EEI stipulated that the patents in suit were valid and enforceable for purposes of the litigation. The court partially granted EEI's motion for summary judgment of noninfringement of the '151 patent by holding that there was no genuine issue of material fact that EEI literally infringed the '151 patent. That there was a sufficient issue of fact regarding Conoco's remaining claims for doctrine of equivalents infringement. That defendants Eaton and Grabois did not have personal liability for the infringement.1 Conoco. A. The Patents in Suit BACKGROUND The patents in suit encompass processes for making drag reducing agents (
704 OPINION/ORDER
Slusher claimed that he had distributed the driver's court record in connection with a disparate treatment grievance he was pursuing on behalf of another union member. Whereas the driver whose DUI record he showed to others was still driving for the Company. Slusher averred that he distributed the record not to harass the driver in question but rather to demonstrate to union members that Exxon Mobil was not applying the Company's drug and alcohol policy in an evenhanded manner and to explain why the union was pursuing a disparate treatment grievance. Slusher asserted that his distribution of the record was protected by the National Labor Relations Act (
704 OPINION/ORDER
Branch were on brief. Leach was on brief. The suit asserted violations of Jason's constitutional rights and pendent state law claims arising out of his temporary detention under New Hampshire's protective custody statutes.

That detention occurred when Jason and a friend were picked up by Officer McClellan during the early morning hours of September 12. Jason and his friend were taken to the police station. Jason was brought home. Jason's spine was injured. Were responsible for Jason's injuries. That Officer McClellan

696 OPINION/ORDER
Faulkner was cited for driving while his license was suspended and for driving in possession of an open container of alcohol. Ruth learned that Faulkner's driver's license was suspended. We must decide in this case whether the brief stop of Faulkner at the checkpoint1 was a valid seizure under the Fourth Amendment. We conclude that it was and affirm. I The following facts are drawn from the evidence presented at the suppression hearing before the district court and on the court's factual findings in support of its ruling. Ruth established an information station on federal land approximately 165 feet after entering the BLM's2 Paradise Recreation Area (
696 OPINION/ORDER
Line 1 the section is corrected to begin
687 02-1135 -- CENTER FOR LEGAL ADOCACY V. EARNEST -- 02/25/2003

He was taken by ambulance to the emergency room at the Hospital where he was admitted and treated for a head laceration and acute alcohol intoxication. The record indicates that as part of his initial treatment he was restrained physically and given Inapsine (a medication used to quiet his behavior). He was resuscitated and put on a ventilator and then transferred to the intensive care unit.
687 OPINION/ORDER
Guiles also sought to have the disciplinary action taken against him expunged from his record. It further held that the disciplinary action should be expunged because defendants should not have censored the word
687 OPINION/ORDER
Krystle Rogers was killed and her passengers James Brad Dooley. Anna Christine Harper were injured when her vehicle collided with one driven by Randall Albright. Who was intoxicated. Inc. d/b/a Anheuser Busch Sales of Tulsa (which will be referred to individually and collectively as Anheuser Busch). Plaintiffs alleged that Anheuser Busch was liable under negligence and wrongful death causes of action because its employees had served beer to Albright despite his noticeable intoxication at an event that it sponsored and for which it supplied beer. We have jurisdiction under 28 U.S.C. 1291 and affirm. Is in Stillwater. Advertising materials were to contain such slogans as
678 OPINION/ORDER
The principal issue on appeal is whether trial counsel were ineffective for failing to present mitigating evidence at sentencing. Facts The following facts are taken from the Ohio Supreme Court's opinion on direct appeal. The apartment was otherwise exceptionally neat and clean. A stack stereo with two speakers were missing from Bradford's apartment. She was five feet. A portion of her lungs was missing. Were wound eight. Wound ten punctured the liver and was no more than four inches in depth. Showed no signs of hemorrhage and thus were inflicted after death or when the heart was not pumping sufficient blood. Six were superficial. All the wounds could have been inflicted by the same. Which was about four blocks from Bradford's house. Smith was not at home. Telling him he would
670 LANCASTER V. MONROE COUNTY

This document was created from RTF source by rtftohtml version 2.7.5 > Lancaster v. Ann Jackson are liable under 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/04914F4B99357779882572A60080CDF9/$file/0457046.pdf?openelement">OPINION/ORDER</A><BR> Is substituted for his predecessor. Congress amended the Social Security Act to preclude an award of disability benefits if drug or alcohol abuse is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july97/96-6735.opa.html">LANCASTER V. MONROE COUNTY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Lancaster v. Ann Jackson are liable under 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/04/021486P.pdf">OPINION/ORDER</A><BR> He was hit over the head with a tire iron. After Fastner's applications were denied initially and upon reconsideration. The ALJ found that Fastner was not disabled within the meaning of the Social Security Act and thus was not entitled to benefits. We review the Commissioner's decision to determine whether it is supported by substantial evidence on the record as a whole. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-1092.wpd">OPINION/ORDER</A><BR> The case is therefore orderedsubmitted without oral argument. <hr> This civil rights action arises out of a traffic stop and arrest of Plaintiff for allegedly driving under the influence of alcohol (DUI). We are asked to decide whether an officer has probable cause to arrest a driver that refuses to submit to a roadside sobriety test after the officer observes certain indicia of alcohol consumption. We have jurisdiction pursuant to 28 U.S.C. 1291. Is. I. The relevant historical facts are undisputed. Wilder's demeanor was argumentative. Eventually became cooperative.(1) (1) While not denying he was speeding. Wilder attempted to justified his conduct by claiming he was forced to pass a vehicle that. Was traveling unreasonably slow. Suddenly sped up when Plaintiff was in the process of passing it. <hr> Officer Turner asked Wilder to exit the vehicle and walk to the rear. The officer noticed Wilder's exit was normal. That Wilder did not have difficulty walking. The officer also noticed Plaintiff's clothing was orderly. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0037p-06.pdf">OPINION/ORDER</A><BR> Who was convicted of driving while having a breath alcohol concentration of 0.10 percent or more. 1 challenges the trial court's decisions to prohibit cross examination and the presentation of expert testimony on whether the type of breath testing machine used to test Petitioner is generally reliable. She asserts that the trial court's rulings on these issues violated her Sixth Amendment rights to confrontation and compulsory process and her Fourteenth Amendment rights to present a complete defense and to have the state prove each element of the offense beyond a reasonable doubt.2 For the following reasons. The sole elements of OMVI per se are (1) operating a vehicle (2) while having </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E799CB4E9F76F87388256AB4006D7C5C/$file/9917194.pdf?openelement">OPINION/ORDER</A><BR> Massanari is substituted for Kenneth S. We have jurisdiction under 28 U.S.C. § 1291. (2) the ALJ's conclusion that Bustamante did not have a severe mental impairment was not supported by substantial evidence. I. BACKGROUND Bustamante was 53 years old at the time of the alleged onset of his disability in 1994. Bustamante also has at least a 20 year history of alcohol abuse and is frequently homeless. Bustamante testified and was represented by counsel. Because the former was not severe and the latter was successfully treated with medication. The ALJ found that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/06/99-3273.htm">99-3273 -- WELCH V. CITY OF PRATT KANSAS -- 06/06/2000<BR></A><BR> Welch was convicted in a Kansas state court of driving under the influence of alcohol. The instructions contained an impermissible presumption and the evidence was otherwise insufficient to support his conviction. We agree with the district court that he is not entitled to habeas relief. Affirm.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C921CF966525862C88256C94005D121E/$file/0199012.pdf?openelement">OPINION/ORDER</A><BR> Is substituted for his predecessor. During which he was convicted of two counts of aggravated firstdegree murder. We focus on only one: his claim that he was denied his Sixth Amendment right to effective assistance of counsel when his attorney failed to request a diminished capacity jury instruction. The only issue in dispute was whether he acted with premeditation. Which would have allowed the jury to consider whether Pirtle's mental condition affected his ability to premeditate. Despite the evidence that the drugs that Pirtle had used were wearing off approximately three hours before the murders. This instruction constricted the jury's consideration of the evidence relating to premeditation to the narrow issue of whether Pirtle was in a state of voluntary intoxication when he committed the murders. Defense counsel's failure to request a diminished capacity instruction was constitutionally deficient and that it undermines our confidence in the jury's verdict. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/75DD6D8377C1429F88256E5A00707C74/$file/9917194.pdf?openelement">OPINION/ORDER</A><BR> Massanari is substituted for Kenneth S. We have jurisdiction under 28 U.S.C. § 1291. (2) the ALJ's conclusion that Bustamante did not have a severe mental impairment was not supported by substantial evidence. I. BACKGROUND Bustamante was 53 years old at the time of the alleged onset of his disability in 1994. Bustamante also has at least a 20 year history of alcohol abuse and is frequently homeless. Bustamante testified and was represented by counsel. Because the former was not severe and the latter was successfully treated with medication. The ALJ found that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0337p-06.pdf">OPINION/ORDER</A><BR> We are called upon in this case to consider an issue of first impression in our Circuit: whether a state conviction for being a minor in possession of alcohol is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0308p-06.pdf">OPINION/ORDER</A><BR> Contending that state provisions differentiating between in state and out of state wineries violate the Commerce Clause.1 Those regulations prohibit 1 Similar actions have been brought challenging direct shipment bans in North Carolina. Is not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/03/00-4074a.htm">00-4074A -- DRAPEAU V. MASSANARI -- 03/22/2001<BR></A><BR> Is granted. A copy of the published opinion is attached. <p> Entered for the Court <p> Patrick Fisher. Reverse.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3D85DBFEC9FD4BC788256E5A00707D3D/$file/9735191.pdf?openelement">OPINION/ORDER</A><BR> While the decision was pending. Judge Schroeder was drawn to replace him. Circuit Judge: This is an appeal of a $5 billion punitive damages award arising out of the Exxon Valdez oil spill. This is not a case about befouling the environment. This is a case about commercial fishing. The jury was specifically instructed that it could not award damages for environmental harm. The reason is that under a stipulation with the United States and Alaska. Exxon had already been punished for environmental harm.1 The verdict in this case was for damage to economic expectations for commercial fishermen. The plaintiffs here were almost entirely compensated for their damages years ago. The punitive damages at issue were awarded to punish Exxon. Among the issues are whether punitive damages should have been barred as a matter of law and whether the award was excessive. Important aspects of this opinion are controlled by a 1 See Eyak Native Village v. Inc. 3 Facts Bligh Island and Bligh Reef have been known to navigators for a long time. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3C2CBD69E6E2C18388256AFD001790CB/$file/9735191.pdf?openelement">OPINION/ORDER</A><BR> While the decision was pending. Judge Schroeder was drawn to replace him. Circuit Judge: This is an appeal of a $5 billion punitive damages award arising out of the Exxon Valdez oil spill. This is not a case about befouling the environment. This is a case about commercial fishing. The jury was specifically instructed that it could not award damages for environmental harm. The reason is that under a stipulation with the United States and Alaska. Exxon had already been punished for environmental harm.1 The verdict in this case was for damage to economic expectations for commercial fishermen. The plaintiffs here were almost entirely compensated for their damages years ago. The punitive damages at issue were awarded to punish Exxon. Among the issues are whether punitive damages should have been barred as a matter of law and whether the award was excessive. Important aspects of this opinion are controlled by a 1 See Eyak Native Village v. Inc. 3 Facts Bligh Island and Bligh Reef have been known to navigators for a long time. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/03/00-4074.htm">00-4074 -- DRAPEAU V. HALTER -- 03/22/2001<BR></A><BR> Reverse.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/09/006105P.pdf">OPINION/ORDER</A><BR> Eric Barnes ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/03/011768P.pdf">OPINION/ORDER</A><BR> Appellant Crose was sentenced to eighty four months' imprisonment followed by five years of supervised release for aiding and abetting in the manufacture of methamphetamine. The error is clear under current law. The Sentencing Guidelines authorize the imposition of any sentencing condition that is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0283p-06.pdf">OPINION/ORDER</A><BR> Who was sentenced to death by an Ohio jury for the 1987 aggravated murder of Mari Anne Pope. Pope was babysitting two neighborhood children. He did not have the requisite intent for aggravated murder. Are presumed correct unless rebutted by clear and convincing evidence: In the early morning hours of August 13. The victim Mari Anne Pope was awakened in her home by appellant. Were also awakened. The children awoke to the voice of Mari Anne inquiring as to who this person was that had entered her home. The man asked if there were others in the house. To which she replied that there were two children upstairs. Who was lying upon her stomach. The children were admitted into a neighbor's home and police were called. Her nightgown was pulled up around her neck. She was drenched in blood with large holes in her body. The other officer responded that there was no one on the dining room floor and both officers began to search. Bagley Page 3 first officer to react testified that appellant was very quick and agile. The officer was unable to subdue appellant until two other officers entered the fray. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/06/99-2145.htm">99-2145 -- U.S. V. BENALLY -- 06/09/2000<BR></A><BR> When he was twenty four years old. Benally is more accountable and therefore potentially a better candidate for rehabilitation than is the typical sex offender. <p> The presentence report calculated Mr. Benally's criminal history category was I. The following findings are particularly relevant to the issue on appeal: <p> The Court finds the defendant's conduct in the instant offense was aberrant behavior based on the following: The defendant has no prior documented information of any sexual deviancy. The defendant has acknowledged his alcohol intoxication may have contributed to the instant offense and has abstained from alcohol consumption since the instant offense. <p> Further. For which probation is statutorily unavailable. Even if a departure for aberrant behavior is generally permissible for serious. The government argues the district court erred by relying on a combination of factors that are either disallowed or already taken into account by the guidelines. None of the factors the district court relied on is present to such an extraordinary degree as to remove Mr. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb2003/01-15299.opn.html">UNITED STATES V. DELGADO (2/20/2003, NO. 01-15299)<BR></A><BR> A jury convicted Appellants Deepak Kumar and Miguel Delgado of engaging in an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/07/023934P.pdf">OPINION/ORDER</A><BR> This dispute involves whether his designated beneficiary is entitled to an accidental death benefit. The beneficiary is Schanus's daughter. This action was brought by her mother. Schanus was killed after the motorcycle he was operating veered off a road and struck a fence. Schanus was ejected from the motorcycle and suffered fatal head injuries. Blood tests taken after the accident showed that Schanus was legally intoxicated at the time of the crash (with a blood alcohol level of 0.19). Which would have doubled the life insurance benefit paid to Amber Lynn. On the ground that Schanus's death was not the result of an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb2003/01-15299.opn.html">UNITED STATES V. DELGADO (2/20/2003, NO. 01-15299)<BR></A><BR> A jury convicted Appellants Deepak Kumar and Miguel Delgado of engaging in an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-2173.wpd">OPINION/ORDER</A><BR> Was driving his gold Toyota pickup in Hobbs. Marshall was stopped at an intersection with his left turn signal blinking. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/10/00-6337.htm">00-6337 -- TOLES V. GIBSON -- 10/26/2001<BR></A><BR> 1291 and affirm. <p> <center>I.</center> <p> The facts of Toles' crimes were summarized by the Oklahoma Court of Criminal Appeals (OCCA) in disposing of Toles' direct appeal: <p> The events which culminated in the murder of Juan Franceschi and his fifteen year old son. The men were on their way from the Honeymooners Bar to the home of their friend. They were tired of walking. Even though he was shot. She heard someone come into the room and leave. <p> Meanwhile Lonnie Franceschi was still kneeling on the floor near the front door with his hands behind his back. Extended his arm so the barrel of the pistol was about six inches from the back of Lonnie's head. She discovered the phone was dead and ran to a neighbor's home to call. Later that day Lonnie was declared brain dead. Toles gave his bloody clothes to a runaway girl who was staying there and told her to burn them. He was arrested later that afternoon while he was talking to his mother on a pay phone at the corner of 17th Street and Gore in Lawton. <p> <u>Toles v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021199.P.pdf">OPINION/ORDER</A><BR> Circuit Judge: This case is on its second trip to this court. Is suing the State Comptroller to obtain a declaration that certain Maryland regulations governing the wholesale pricing of liquor and wine violate the Sherman Act. When the case was before us the first time. Which is protected by the Twentyfirst Amendment. One of the questions that was to be decided on remand whether the regulations are effective in promoting temperance involves disputed factual issues that cannot be resolved on summary judgment. I. The Maryland liquor regulations under challenge by TFWS are explained in some detail in our first opinion. These prices are locked in for the following month. The second regulation is known as the volume discount ban or the antidiscrimination rule. Wholesalers cannot cut prices to large retailers because discounts </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/99opinions/99-7199o.html">ALLEN V. PRINCIPI [ORDER]<BR></A><BR> Filed a response for claimant appellant.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-7089.pdf">OPINION/ORDER</A><BR> With him on the brief were Peter D. Of counsel were Kathryn A. Of counsel on the brief were Richard J. MacPhee was hospitalized in a VA medical center due to excessive drinking and anxiety. The psychologist opined that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0438n-06.pdf">OPINION/ORDER</A><BR> That the Union breached its duty of fair representation BACKGROUND Relations between Keebler and the Union are governed by a collective bargaining agreement (CBA). The agreement provided that if an employee were intoxicated while at work. Providing that an employee who reported to work with a blood alcohol level of .02 percent or greater was in violation of the policy and eligible for termination. The International Union told Richardson that Keebler was within its right to unilaterally implement the policy. Rebecca Summers was an employee of the Keebler Company and a member of the Union. She passed out and was taken to the hospital where tests revealed that she had a high blood alcohol level. Summers was suspended pending completion of a rehabilitation program. The last chance agreement specifically provides that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/02/00-3151.htm">00-3151 -- ADAME V. APFEL -- 02/27/2001<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Claimant Jose Adame appeals from a district court order affirming the Commissioner's decision that he was not disabled before the expiration of his insured status on September 30. Therefore was not eligible for disability insurance benefits. Anxiety and panic disorder.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/02/981075P.pdf">OPINION/ORDER</A><BR> After he was denied eligibility for public housing. I. The MPHA is a public entity that owns and manages almost 6600 units of publicly assisted housing in Minneapolis. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/05/993707U.pdf">OPINION/ORDER</A><BR> Is substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c)(2). 1 previously worked as a sacker. He was terminated from these positions. A disorder that was exacerbated. Arguing the ALJ erred in finding his alcohol use was material to his disabling impairment. Were caused by his closed head trauma. Brown contends that this new evidence was unavailable until he was granted Medicaid benefits on September 7. That it is material because there is a reasonable likelihood that it would have changed the Commissioner's determination. We must decide whether the ALJ's decision is supported by substantial evidence on the record as a whole. If an ALJ finds that a claimant is disabled. He must determine whether the addiction is a contributing factor material to the determination of disability. A </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov2002/01-10215-p.opn.html">CRAWFORD V. HEAD (11/12/2002, NO. 01-10215-)<BR></A><BR> Circuit Judge:</SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov2002/01-10215-p.opn.html">CRAWFORD V. HEAD (11/12/2002, NO. 01-10215-)<BR></A><BR> Circuit Judge:</SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/004059.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Where there was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/95opinions/95-5121.html">WELLS FARGO BANK V. U.S.<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/09/02-2184.htm">02-2184 -- MARSHALL V. COLUMBIA LEA REGIONAL HOSPITAL -- 09/29/2003<BR></A><BR> We are not in a position to judge the truth of those allegations at this early stage in the litigation. Marshall alleges that the traffic stop and arrest were made on account of his race and without probable cause. The defendants are Officer Porter. Plaintiff contends that Hobbs police chief Tony Knott and the City of Hobbs are liable for those actions under supervisory and municipal liability theories respectively. We will refer to these parties collectively as the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/05/961985P.pdf">OPINION/ORDER</A><BR> Its offer of treatment for that condition was an appropriate accommodation of her disability. We hold that summary judgment was improvidently granted and remand to the district court for further proceedings consistent with this opinion. Her employment contract permitted Cargill to terminate Miners only if she failed to substantially perform her obligations under the contract or failed to adhere to company policy. station's Miners was responsible for organizing the radio events. Which were held primarily in Cargill gave Miners a company van to drive in promotional nightclubs and bars. connection with those responsibilities. In part: If you are at a Company[ ]sponsored event such as a remote broadcast and you are working at the event the use of alcohol is against company policy and is grounds for immediate termination. That 4 Miners could not attend all of the meetings at which Cargill claims to have disclosed the rule. After observing Miners left the bar with a friend and proceeded to the parking ramp where the van was parked. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0069p-06.pdf">OPINION/ORDER</A><BR> Moorer was the only administrator in the Baptist system who had responsibilities for two hospitals. His job duties were divided among several people. She asked Moorer for </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0843n-06.pdf">OPINION/ORDER</A><BR> Although the guideline range was 8 14 months. A 24 month sentence was generally required for admission into the Program. Reid argues on appeal that this sentence was both unreasonable and plainly unreasonable because it was higher than his guideline range and because he was never admitted to the Program. The Government contends that because the district court's sentence is reasonable under either standard. He was sentenced to fiftyfive months imprisonment followed by three years of supervised release on June 10. Reid was released from prison and placed on supervised release on February 25. Reid told Officer Hahn that he was upset because he had just been fired from his job. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/02opinions/02-3278.html">RANDALL W. GILBERT, V. DEPT. OF JUSTICE<BR></A><BR> Tab stops:.5in 1.0in 5.75in'>With him on the brief were <u>Robert D. Gilbert was formerly employed as a Criminal Investigator with the Department of Justice s ( agency s ) Drug Enforcement Administration ( DEA ).<span style='mso spacerun:yes'>  </span>On July 29. Each of which was designated as a breach of the agreement on his part.<span style='mso spacerun:yes'>  </span>In addition. The administrative judge ( AJ ) to whom the appeal was assigned found that Mr. Gilbert was in non compliance with the last chance agreement. We conclude that his non compliance was not material and therefore did not trigger the provision of the agreement that gave the agency the right to remove Mr. The decision of the Board is reversed.<span style='mso spacerun:yes'>  </span>The case is remanded to the Board with the instruction that the Board direct the agency to reinstate Mr. Line height:200%'>The pertinent facts are not in dispute.<span style='mso spacerun:yes'>  </span>On Ju </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200110215.opn.pdf">OPINION/ORDER</A><BR> KAHN CLERK Petitioner Eddie Albert Crawford was convicted and sentenced to death for the murder of Leslie English by the Georgia state courts in 1987. We conclude that Crawford is not entitled to relief from his conviction or sentence. Facts Eddie Albert Crawford was convicted for the murder of his 29 month old niece. The defendant was married to. The defendant was intoxicated and. During this time the victim was in the care of Mrs. He stated that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C16C62E52B94CC4C88256C210059984A/$file/9999030.pdf?openelement">OPINION/ORDER</A><BR> Was on the briefs. Were on the brief. Including whether the prosecution's failure to reveal evidence that could have been used to impeach a witness had a material effect on the jury's verdict. Who was staying with her. Was the only person in it. He was wearing a dark blue three piece suit and a light blue. Because Patel was occupied. Hayes and Patel were coming out of Patel's bathroom area. Was awakened by knocking at her door. There were wet spots on the suit coat. His hands were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july2001/00-15572.man.html">THOMPSON V. HALEY (7/3/2001, NO. 00-15572)<BR></A><BR> Thompson seeks reversal of the district court's denial of federal habeas relief based on two claims:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/034506.P.pdf">OPINION/ORDER</A><BR> I. Thomas was stopped by a federal officer while driving early on the morning of January 13. As a result of this incident and the fact that he had three previous Maryland DWI convictions two in 1997 and one in 1999 Thomas was indicted for fourth offense DWI. Arguing that the Maryland statute under which he had been previously convicted was not sufficiently similar to Virginia Code § 18.2 266 for the Maryland convictions to warrant a fourth offense conviction. After hearing testimony from Maryland prosecutor Matthew Stiglitz regarding how Maryland DWI laws are applied. Thomas argues that the district court erred in concluding that the Maryland statute under which he had been previously convicted is UNITED STATES v. Despite Thomas' claim that he is appealing the denial of his motion to dismiss the indictment. The sufficiency of the record to support a finding that Thomas was guilty of fourth offense DWI.1 Specifically. He argues that there is no basis in the record for concluding that he has three predicate offenses since the Maryland statute under which he was convicted is not substantially similar to the Virginia statute at issue here. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr2001/99-15405.man.html">BUCE V. ALLIANZ LIFE INS. CO. (4/10/2001, NO. 99-15405)<BR></A><BR> The denial of benefits was overturned and the plaintiff the widow of the decedent was awarded $150. The insurance carrier also argues that the proper standard of District Court review of the denial of benefits was not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/04/952416P.pdf">OPINION/ORDER</A><BR> 1990.2 After Mapes's he application and was was denied a initially hearing and on an reconsideration. The ALJ found that Mapes was not disabled on or before September 30. Mapes was 42 years old. assembler. His seizures are now infrequent and controlled by medication. impairments. Dilantin is an antiseizure medication used for the control of grand mal and temporal lobe seizures. The ALJ applied the familiar five step analysis prescribed in the Social Security regulations. 20 C.F.R. § 404.1520(a) (f).7 The ALJ determined that although Mapes's impairments Relying in were severe. Although Mapes was not able to return to his past relevant work. The overriding issue in this case is whether the ALJ properly considered Mapes's mental impairments in deciding that Mapes was Ansaid tablets contain a nonsteroidal anti inflammatory agent and are prescribed for rheumatoid arthritis and osteoarthritis. Librium is a drug prescribed for management of anxiety disorders or for the short term relief of symptoms of anxiety. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/08/002602P.pdf">OPINION/ORDER</A><BR> Miles's left leg was amputated below the knee as a result of the collision. Harley Davidson was dismissed as a party. Miles was traveling north on Highway 142 in Louisiana while riding his Harley Davidson Sportster motorcycle. Miles was traveling at approximately 55 miles per hour when he approached the stalled pickup truck. At the last second straightened his bike because he thought he was about to hit a tree. The lower portion of Miles's left leg hit the truck's back bumper and his leg was irreparably damaged. Who was a registered nurse. A toxicology screen was performed on Miles two and a half hours after the accident occurred and while he was admitted to a local hospital for treatment. Miles received 6000 cc of intravenous fluids and a partial blood transfusion before his blood was tested. He alleged that he was injured because the rear bumper on the pickup truck was negligently designed and was an unreasonably dangerous product. Miles contended that when the bumper was attached to the pickup truck. His theory was that the curved sharp end of the protruding bumper acted like a large hook upon impact with his leg. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/08/034075P.pdf">OPINION/ORDER</A><BR> Davies argues that the district court based the modified conditions on testimony from witnesses he was not able to confront. He argues that the periodic alcohol testing involves a greater deprivation of liberty than is reasonably necessary. We find that the district court based the modification on evidence that was available to Davies and not on the hearsay testimony of an absent witness. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/974361.U.pdf">OPINION/ORDER</A><BR> No. 97 4361 Unpublished opinions are not binding precedent in this circuit. Were on duty and riding in their patrol car at Fort Bragg. Who was sitting in the passenger seat of the patrol car. Neff asked about a road with which neither Garner nor Johnson were familiar. Garner then stopped Neff's vehicle and informed him that they were stopping him because his breath smelled of alcohol and his speech was slurred. Neff was required to walk heel to toe nine steps. Neff's balance was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-5178a.html">FL AUDBN SCTY V. BENTSEN L.<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/05/011725P.pdf">OPINION/ORDER</A><BR> Ronell Williams ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/08/012309P.pdf">OPINION/ORDER</A><BR> Omar contends that his Minnesota convictions for criminal vehicular homicide are not aggravated felonies. Because we conclude that criminal vehicular homicide is an aggravated felony under federal law. They have a child born in the United States. Omar was drinking with friends after work when one of them received a call from some Somalis at the airport who asked to be picked up in his sport utility vehicle. The friend felt he was unable to drive because of the alcohol he had consumed. Everyone was thrown from it. Two passengers were killed. Another was badly injured. Omar's blood alcohol content was measured soon after the accident at 0.11. He was sentenced to 48 2 months for each offense. The sentence was stayed on condition he serve two years in a county workhouse and pay restitution. It held that criminal vehicular homicide is an aggravated felony within the meaning of the INA. Because by its nature it involves a substantial risk that physical force may be used against the person or property of another and is therefore a crime of violence under 18 U.S.C. § 16(b).3 Omar petitioned this court for review and moved for a stay of deportation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/03/983227P.pdf">OPINION/ORDER</A><BR> As it is reproduced in the joint appendix. Is numbered for the appendix (beginning with page number 19) and also carries numbers (apparently 22 1 submit to the test when randomly selected. Will result in the student's being barred from participating </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr2001/99-15405.man.html">BUCE V. ALLIANZ LIFE INS. CO. (4/10/2001, NO. 99-15405)<BR></A><BR> The denial of benefits was overturned and the plaintiff the widow of the decedent was awarded $150. The insurance carrier also argues that the proper standard of District Court review of the denial of benefits was not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/03/981262P.pdf">OPINION/ORDER</A><BR> Two of the conditions are moot because Cooper has completed a three month residency at the Gerald Hinzman Community Corrections Center. I. Cooper is a former Army explosives expert who brought C4 explosives to his home many years ago while working in a Marine Corps explosives disposal unit. They were discovered in a warrant search based upon information furnished by Cooper's eleven year old daughter. Syringes were also found in the locker. Cooper was employed as an over the road truck driver. The Iowa Department of Human Services reported that Cooper's daughter was in state custody after alleging that Cooper </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0357p-06.pdf">OPINION/ORDER</A><BR> Rains's suicide indicated that the .25 caliber ammunition used in his handgun was purchased from Bend of the River.1 Although appellant claims that it does not recollect ever selling ammunition to Mr. A sales receipt and cashed check are evidence that William West. The ATF served appellant with Notices of Revocation of its four federal firearms licenses for selling handgun ammunition in violation of the Gun Control Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/02/041765P.pdf">OPINION/ORDER</A><BR> Arlie Gene Wipf ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-2241.01A">OPINION/ORDER</A><BR> III were on brief. With whom Paven & Norton were on brief. I. BACKGROUND The facts are essentially undisputed. The second section also stipulates that any employee who believes his suspension or discharge is without </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept98/97-4956.man.html">AM. DREDGING CO. V. LAMBERT (9/10/1998, NO. 97-4956)<BR></A><BR> (American Dredging) was responsible. American Dredging was conducting a dredging operation in Fisherman's Channel to deepen the waterway. Were working in the channel. The dredge boat and the pipeline were blocking the dock. The pipeline was dark rust colored with no reflective tape or paint on it. It was half submerged in the water. The pipeline was supported on the water by floating orange trestles. Was not lit for 300 feet in one direction and at least 100 feet in the other direction.</P> <P> When Lambert entered Fisherman's Channel. He was operating the boat at a speed of approximately 30 mph. All four occupants were ejected from the boat upon impact. The district court held a bench trial to determine (1) whether Lambert was comparatively negligent in his operation of the vessel and (2) what amount of damages would reasonably compensate the survivors of Lambert and Perez.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july2001/00-15572.man.html">THOMPSON V. HALEY (7/3/2001, NO. 00-15572)<BR></A><BR> Thompson seeks reversal of the district court's denial of federal habeas relief based on two claims:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept98/97-4956.man.html">AM. DREDGING CO. V. LAMBERT (9/10/1998, NO. 97-4956)<BR></A><BR> (American Dredging) was responsible. American Dredging was conducting a dredging operation in Fisherman's Channel to deepen the waterway. Were working in the channel. The dredge boat and the pipeline were blocking the dock. The pipeline was dark rust colored with no reflective tape or paint on it. It was half submerged in the water. The pipeline was supported on the water by floating orange trestles. Was not lit for 300 feet in one direction and at least 100 feet in the other direction.</P> <P> When Lambert entered Fisherman's Channel. He was operating the boat at a speed of approximately 30 mph. All four occupants were ejected from the boat upon impact. The district court held a bench trial to determine (1) whether Lambert was comparatively negligent in his operation of the vessel and (2) what amount of damages would reasonably compensate the survivors of Lambert and Perez.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021271.P.pdf">OPINION/ORDER</A><BR> I. Kaney O'Neill was rendered a quadriplegic on September 15. The apartment complex was owned by Windshire Copeland Associates. Whose general partner was Robert Copeland. WINDSHIRE COPELAND 3 Inc. managed the complex (these three parties are referred to collectively as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/86683EF058F53A06882571FB0055198B/$file/0399006.pdf?openelement">OPINION/ORDER</A><BR> I The factual history of this case was detailed in our earlier opinion. Correll was convicted by an Arizona jury in 1984 of first degree murder. He was sentenced to 17132 CORRELL v. His conviction was upheld by the Arizona Supreme Court. The district court determined that twenty six of Correll's claims were procedurally barred. We affirmed all of the district court's order except as to Correll's contention that he was entitled to an evidentiary hearing on his claim of ineffective assistance of counsel at sentencing. RYAN 17133 sentencing was deficient. Because Correll's petition for a writ of habeas corpus was filed before the effective date of the Antiterrorism and Effective Death Penalty Act of 1996. That </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july2000/99-8265.opn.html">WISE ENTERPRISES V. UNIFIED GOV'T OF ATHENS-CLARKE COUNTY (7/13/2000, NO. 99-8265)<BR></A><BR> BACKGROUND</CENTER> </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-2643.01A">OPINION/ORDER</A><BR> Was on brief. He argues that three conditions are overbroad and involve a greater deprivation of liberty than is reasonably necessary for the purposes of his supervised release. We review for plain error only. <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june2001/99-14261.man.html">BROWN V. JONES (6/29/2001, NO. 99-14261)<BR></A><BR> Brown and Bynum were both familiar with McGraw. Brown recalled Bankhead saying that they would have to kill McGraw. Where they divided the stolen property and the money from McGraw's wallet and burned their clothes which were covered in blood. The next afternoon McGraw's body was discovered by a neighborhood child.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1995/95a1198p.txt">OPINION/ORDER</A><BR> Dykes alleged that his constitutional rights were violated when his SEPTA supervisors asked him to submit to body fluids testing in the absence of reasonable suspicion and that SEPTA and Local 234 conspired to deprive him of due process in connection with the grievance proceedings which followed his discharge. Whether reasonable suspicion exists in a given case is not a question of law under the Fourth Amendment. Is instead a question of fact to be resolved during the course of the grievance/arbitration process. We also hold that where an adequate grievance/arbitration procedure is in place and is followed. A plaintiff has received the due process to which he is entitled under the Fourteenth Amendment. We will affirm the orders of the district court. I. The allegations set forth in the complaint are straightforward.[fn1] On July 13. Was fired. It was determined that the tests requested were based on reasonable suspicion and Dykes' discharge was upheld. Both of which were based upon 42 U.S.C. § 1983. He explained that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/03/00-6128.htm">00-6128 -- EARLS V. BOARD OF EDUCATION OF TECUMSEH PUBLIC SCHOOL DISTRICT -- 03/21/2001<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/11/023502P.pdf">OPINION/ORDER</A><BR> Are included in the administrative record in this case. Bhattacharya noted that Baldwin's high blood pressure was treatable. That Baldwin was noncompliant with his medication. Was normal. Baldwin was diagnosed with right shoulder bursitis and was prescribed Ibuprofen. Baldwin was diagnosed with cervical radiculopathy. He was prescribed Ibuprofen. The examining physician noted that Baldwin was uncooperative. He claimed that his medications were not helping. He was advised to continue taking Ultram for pain control and to remain on Tagamet for peptic ulcer disease. Baldwin was encouraged to follow up with a psychiatrist and continue taking his medications. Sale indicated that Baldwin was somewhat belligerent during the examination. Some of which were due to shrapnel wounds. Baldwin was unable to squat. Baldwin's gait was only slightly impaired with a slight limp on the left without the use of an assistive device. Sale also noted that Baldwin had a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/199914261.MAN.pdf">OPINION/ORDER</A><BR> Brown and Bynum were both familiar with McGraw. Brown recalled Bankhead saying that they would have to kill McGraw. Where they divided the stolen property and the money from McGraw's wallet and burned their clothes which were covered in blood. The next afternoon McGraw's body was discovered by a neighborhood child. Told him that Bynum's statement reflected that Bankhead stabbed McGraw and was the ringleader. Brown was indicted for the capital offense of the murder of Jack McGraw during a robbery in violation of § 13A 5 40(a)(2). Brown's appointed counsel was Russell T. The deepest of which were two inches deep. 1 post conviction relief under Temporary Rule 20 of the Alabama Rules of Criminal Procedure.2 Brown twice amended his Rule 20 petition. An evidentiary hearing was held on Brown's petition. Holding that most of Brown's federal constitutional claims were procedurally barred and that his remaining claims failed on the merits. Brown argues that his trial counsel was ineffective at both the guilt and penalty phases of his trial because he failed to investigate and present evidence of Brown's drug and alcohol abuse and its effects upon his mental state at the time of the crime. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june2001/99-14261.man.html">BROWN V. JONES (6/29/2001, NO. 99-14261)<BR></A><BR> Brown and Bynum were both familiar with McGraw. Brown recalled Bankhead saying that they would have to kill McGraw. Where they divided the stolen property and the money from McGraw's wallet and burned their clothes which were covered in blood. The next afternoon McGraw's body was discovered by a neighborhood child.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july2000/99-8265.opn.html">WISE ENTERPRISES V. UNIFIED GOV'T OF ATHENS-CLARKE COUNTY (7/13/2000, NO. 99-8265)<BR></A><BR> BACKGROUND</CENTER> </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200211230.opn.pdf">OPINION/ORDER</A><BR> Because the ordinance is overbroad and vague. Including a claim that the ordinance is void under the Georgia Constitution because it is a special law that is preempted by a general state law. The term </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/11/99-1422.htm">99-1422 -- RICE V. APFEL -- 11/14/2000<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff seeks review of the district court's order upholding the Commissioner's determination to deny him social security disability benefits. We have jurisdiction under 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/697201FC39B8A407882571DA0078FB4B/$file/0516455.pdf?openelement">OPINION/ORDER</A><BR> We hold that California inmates continue to have a liberty interest in parole after In re Dannenberg. The state court decisions upholding Sass' parole denials were not contrary to. Sass was convicted of second degree murder. He was sentenced to fifteen years to life with the possibility of parole. The Board cited the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/05/042273P.pdf">OPINION/ORDER</A><BR> Kimberly Renea Smith was rendered a quadriplegic after she lost control of her BMW 318i on a downhill curve. Alleging that the airbag's failure to deploy was the result of a defect or BMW's negligence. That BMW was liable for these enhanced injuries. Concluding that the evidence was relevant to BMW's theory </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/07/04/061693P.pdf">OPINION/ORDER</A><BR> That there was insufficient evidence to support the conviction on Count V. I. The background of this case and Kenyon's first trial are described in our prior opinion. When A.L. was between the ages of eight and eleven. She was a regular overnight guest at the home of Ronald Kenyon and his common law wife. A.L. was interviewed by a physician's assistant. We held that Kroupa's testimony was inadmissible hearsay that had improperly bolstered A.L.'s account and. Was dismissed on the motion of the government during trial. She also stated that she had not disclosed the abuse before her interview with Kroupa because she was scared of Kenyon. Repeat two comments made by A.L. that are disputed on appeal. The court determined that Kenyon's advisory guideline sentencing range was 324 to 405 months' imprisonment. Expert testimony that he says was received without proper notice or a required hearing on reliability. When she was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200510904.pdf">OPINION/ORDER</A><BR> Marquard argues primarily that his trial counsel was ineffective in various ways during the penalty phase of his trial. Murder of Stacey Willets Marquard was convicted of first degree murder and sentenced to death for the 1991 murder of his girlfriend. After Willets's remains were discovered by hunters in the woods. Marquard and codefendant Michael Abshire were arrested. Are as follows: John Marquard. During a stop in South Carolina Marquard told Abshire that he was going to kill her because he was tired of arguing with her. She was still breathing. Marquard was arrested and confessed. Marquard was convicted of first degree murder and armed robbery. Marquard contended that he was present for the murder of Stacey Willets. Testified that it was Marquard who planned to kill and ultimately did kill Willets. As follows: [STATE ATTORNEY]: Where is the first place that you stopped? [ABSHIRE]: We stopped at a . . . like a convenience store/gas station in South Carolina when the sea bags that were on the trunk fell off. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/07/07/063999P.pdf">OPINION/ORDER</A><BR> Young was the driver of a tractor trailer involved in an accident with Spencer. Arguing that his motion in limine should have been granted and that there was an inconsistent verdict. Arkansas to refuel because gas prices were lower there than in Tennessee. The accident occurred while Spencer was driving south on the inside lane of Martin Luther King. Who was coming from the opposite direction. The Spencers were seriously injured and taken to a hospital by ambulance and medivac. There were no uninvolved witnesses to the accident. He was the first to arrive at the site. Police officers arrived and observed that Spencer's tailights were not on. They saw the headlight switch was off. Both experts testified that Spencer should have had time to stop before the collision. At least four of which were still capped. Spencer was charged with driving while intoxicated (DWI) and driving without headlights. Both charges were later dropped for lack of evidence. Spencer filed a pretrial motion in limine to exclude any evidence </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/07/99-3276.htm">99-3276 -- U.S. V. MADDEN -- 07/13/2000<BR></A><BR> The court was without jurisdiction. Madden contends that the evidence was insufficient to convict him of the charge. Madden complains is not an essential element. The amended information was adequate. We hold the evidence was sufficient for a rational trier of fact to convict Mr. Through which prosecution was to be deferred for twelve months until December 13. The charges were to be dismissed with prejudice. Among the terms of the agreement was a condition that Mr. It is agreed and stipulated that the case shall be submitted to the Court upon the following stipulations: <ol> <li> Defendant stipulates that the Government's evidence. Madden was again arrested for DUI. Madden was convicted of driving under the influence in violation of Kan. He contends the information was jurisdictionally insufficient. He further argues the evidence was insufficient for a conviction under Kan. While he was driving. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0179p-06.pdf">OPINION/ORDER</A><BR> The district court based its decision on the fact that the litigation is alcohol related. This action by Schieffelin was pursuant to the Alcohol Beverage Franchise Act (ABFA). The main allegation of the complaint was that Schieffelin & Co. is not a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/008.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Circuit Judge: Sherman Skipper was convicted by a jury in the Superior Court of Bladen County. Seeking relief based upon the trial court's failure to instruct the jury on second degree murder and the district court's refusal to grant an evidentiary hearing to determine whether trial counsel rendered ineffective assistance in failing to present evidence of Skipper's mental retardation and diminished capacity at the guilt phase of trial.1 Skipper also argues that his death sentence violates the Eighth and Fourteenth Amendments' prohibition against cruel and unusual punishment because he is mentally retarded. We refer to Respondent as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/199914261.OPN.pdf">OPINION/ORDER</A><BR> Brown and Bynum were both familiar with McGraw. Brown recalled Bankhead saying that they would have to kill McGraw. Where they divided the stolen property and the money from McGraw's wallet and burned their clothes which were covered in blood. The next afternoon McGraw's body was discovered by a neighborhood child. The deepest of which were two inches deep. 3 1 to the squad car. Told him that Bynum's statement reflected that Bankhead stabbed McGraw and was the ringleader. Brown was indicted for the capital offense of the murder of Jack McGraw during a robbery in violation of § 13A 5 40(a)(2). Brown's appointed counsel was Russell T. An evidentiary hearing was held on Brown's petition. Holding that most of Brown's federal constitutional claims were procedurally barred and that his remaining claims failed on the merits. Brown argues that his trial counsel was ineffective at both the guilt and penalty phases of his trial because he failed to investigate and present evidence of Brown's drug and alcohol abuse and its effects upon his mental state at the time of the crime. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/10/02-3016.htm">02-3016 -- U.S. V. DENNY -- 10/16/2002<BR></A><BR> This panel has determined unanimously that oral argument will not materially assist the disposition of this appeal. <u>See</u> Fed. The case is therefore ordered submitted without oral argument. <p> The defendant Opal Denny appeals her conviction for driving under the influence of alcohol and drugs on a federal military reservation at Fort Riley. Denny argues that (1) the evidence is insufficient to support her conviction and (2) the district court abused its discretion in admitting a military police officer's testimony that. Denny was intoxicated. We are not persuaded by Ms. The case was tried before a magistrate judge. <p> The evidence presented at trial indicated that. The truck was moving at thirty to thirty five miles per hour. Even though the speed limit was fifty miles per hour. Determined that the registration was current. Was alone in the truck. Her speech was slow and slurred. Denny was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/11/031209P.pdf">OPINION/ORDER</A><BR> The central issue on appeal is how Social Security regulations dealing with alcohol abuse should be applied. The Commissioner argues that any error was harmless. Brueggemann's claims were denied initially and on reconsideration. We have jurisdiction over this appeal under 28 U.S.C. § 1291. That a vocational expert (VE) subsequently determined that no jobs are available to a person with that limitation. The ALJ ruled that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/aug96/95-7139.wpd.html">WINFREY V. CHATER<BR></A><BR> Plaintiff appeals the district court's affirmance of the Secretary's decision denying him disability insurance benefits.(1) Plaintiff claims to have been disabled since April 1991 as a result of pain in his neck. As that work is generally performed in the national economy. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200114273.OPN.pdf">OPINION/ORDER</A><BR> Robinson was convicted in the Circuit Court of St. Was sentenced to death on the murder conviction. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200604/04-7114a.pdf">OPINION/ORDER</A><BR> Bruce was on brief. Were on brief. Because their arrests and detentions were based on their violation of a civil statute. Because the version of the underage possession/consumption law in effect when John Doe was arrested was not unambiguously a civil offense. The version of the law under which the four Jane Does were arrested. For allegedly violating the District's law prohibiting underage possession and/or consumption of alcoholic beverages.1 In September 2000 John Doe was walking down H Street N.W. carrying a package of closed containers of 1 The statute changed from 2000 to 2003. As we discuss infra. 3 beer.2 He was approached by a uniformed MPD officer who placed him under arrest. The officer took him to the police station where he was held for seven hours. He was issued a citation to appear in court to answer a single charge of violating the underage possession law. The 2001 version of the underage possession and/or consumption law.4 Jane Doe I was arrested at a pub after undercover MPD officers were told she was consuming an alcoholic beverage belonging to another pub patron. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C00F063B75958F1488256E5A00707BB5/$file/9899018.pdf?openelement">OPINION/ORDER</A><BR> Their goal for the day was to film a student movie for Buflo's cinema class at the University of Southern California. While Murtishaw and Laufenburger were driving along the dirt road. Their efforts were ultimately unsuccessful. Who were busy filming their movie.1 Murtishaw explained to Buflo that his car had broken down. Buflo explained to Murtishaw and Laufenburger that he and the other students were filming a movie. It was at this time that Murtishaw's intentions toward the students first turned sinister. He 1 The plot of the movie is ironic when compared to the facts of this case. Is stranded in the desert due to car failure. He grows progressively weaker and is confronted by a hooded figure. Is unable to harm it. Thinking that Murtishaw was joking. Soto and Etayo responded that they were not going into town. Murtishaw and Laufenburger walked back to where Buflo and Henderson were still filming in order to watch them. He observed that Murtishaw smelled strongly of alcohol and that he was using profanity. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/AE43C9BB7916256288256A76007A56DB/$file/9899018.pdf?openelement">OPINION/ORDER</A><BR> Their goal for the day was to film a student movie for Buflo's cinema class at the University of Southern California. While Murtishaw and Laufenburger were driving along the dirt road. Their efforts were ultimately unsuccessful. Who were busy filming their movie.1 Murtishaw explained to Buflo that his car had broken down. Buflo explained to Murtishaw and Laufenburger that he and the other students were filming a movie. It was at this time that Murtishaw's intentions toward the students first turned sinister. He 1 The plot of the movie is ironic when compared to the facts of this case. Is stranded in the desert due to car failure. He grows progressively weaker and is confronted by a hooded figure. Is unable to harm it. Thinking that Murtishaw was joking. Soto and Etayo responded that they were not going into town. Murtishaw and Laufenburger walked back to where Buflo and Henderson were still filming in order to watch them. He observed that Murtishaw smelled strongly of alcohol and that he was using profanity. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/10/98-4081.htm">98-4081 -- KENNECOTT UTAH COPPER CORP. V. BECKER -- 10/29/1999<BR></A><BR> 1993 and was to remain in force until September 30. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3BCCF0E298BF873C88256E5A00707B9B/$file/9936095.pdf?openelement">OPINION/ORDER</A><BR> Is substituted for his predecessor. Was injured on the job in 1986. Ball was also an alcoholic. Ball's SSI claim was approved. Was denied at the initial and reconsideration levels. The ALJ determined that additional medical information was needed and arranged for a consultative psychological evaluation. The evaluation was conducted by Charles Regets. Ball was also evaluated by the Eugenia Center on October 11. The amendment provides: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200314265.pdf">OPINION/ORDER</A><BR> He argues that the regulations under which he was convicted are facially unconstitutional and violate the separation of powers principle. Because the regulations were promulgated by the Secretary of the Interior ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991549.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Webb was born June 10. His longest and most recent employment was as a painter at a shipyard. He was admitted to the hospital with complaints of shortness of breath and edema. A chest x ray revealed that he was suffering from dilated cardiomyopathy with congestive heart failure. His blood pressure was also elevated. He was advised to stop smoking and to stop drinking alcohol. Was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-60537.0.wpd.pdf">OPINION/ORDER</A><BR> PER CURIAM:* Gabriel Buitron ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-8093.wpd">OPINION/ORDER</A><BR> This case is therefore ordered submitted without oral argument. This regulation provides that (1) This order and judgment is not binding precedent. R. 36.3. <hr> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5491630079AE107E88256A6C005838EE/$file/9936095.pdf?openelement">OPINION/ORDER</A><BR> Is substituted for his predecessor. Was injured on the job in 1986. Ball was also an alcoholic. Ball's SSI claim was approved. Was denied at the initial and reconsideration levels. The ALJ determined that additional medical information was needed and arranged for a consultative psychological evaluation. The evaluation was conducted by Charles Regets. Ball was also evaluated by the Eugenia Center on October 11. The amendment provides: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200015858.opn.pdf">OPINION/ORDER</A><BR> Although we agree with the district court that the underlying conviction was constitutionally firm. I. The facts surrounding the death of Lathen Aaron Dodd are undisputed. Any patrons who were not already lying down were forced to the ground. The perpetrators continued to abuse them physically patrons were 2 hit on the head. Once all of the customers were secured on the ground. As the patrons were being robbed of their possessions. Demanded to know who the owner of the bar was. This robber demanded to know where the rest of the money was. When he was told that there was no more money. The patrons were forced to crawl to the restroom at the back of the bar. While they were on the way to the bathroom. More shots were fired. Dodd was then taken to the hospital. The cause of death was bleeding that resulted from a gunshot wound to the chest and abdomen. 3 A. Attorney Herbert Massie was appointed to represent Brownlee. His representation ended when Massie was suspended from the practice of law for failing to comply with his continuing legal education requirements. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/12/96-6329.htm">96-6329 -- DUVALL V. REYNOLDS -- 12/10/1997<BR></A><BR> Duvall was in trouble. He stated that she was angry with him because he arranged for her drug prescription to be canceled. He replied that their son was at his grandmother's home. Duvall was previously convicted of a felony involving the use or threat of violence to the person and (2) that the murder was especially heinous. Duvall was not entitled to relief on his remaining claims and dismissed his petition. Or cruel </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0409p-06.pdf">OPINION/ORDER</A><BR> Had received all of the process he was due inasmuch as he was given notice of and an opportunity to respond to the County's petition for his termination. Was arrested and imprisoned on May 29. Relford was unable to report to work on the following day. This friend apparently contacted the County and falsely reported that Relford's absence was due to sickness. The issuance of a RCT notice is governed by the County's Alcohol and Drug Free Workplace Guidelines and Procedure Handbook. E. Reasonable Cause Testing (RCT) Employees will be tested for drugs or alcohol when reasonable suspicion exists to support a belief that the employee is under the influence of drugs or alcohol or that the employee's behavior or work performance has been affected by drugs or alcohol. A determination will be based upon observation and documentation of: 1. 2. 3. Indicates that the employee is impaired. 4. The observed employee may be required to submit to an independent blood/breath/urine test to determine if the employee is impaired. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-1120.01A">OPINION/ORDER</A><BR> Mahoney & Miller were on brief for appellee. That the Warsaw Convention count was based on unsubstantiated. That is. He was unsatisfied with their response. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/09/97-1358.htm">97-1358 -- ANAYA V. CROSSROADS MANAGED CARE SYSTEMS INC. -- 09/03/1999<BR></A><BR> BACKGROUND</strong> <p> The plaintiffs in this case are persons who were seized by the police. The record indicates that among the plaintiffs are persons seized from their front porches. One plaintiff was seized while in her night clothes. Another was seized while on a college break. After she consumed a glass of wine. <p> All the plaintiffs allege the seizures violated their Fourth Amendment rights not to be seized without probable cause to believe they were a danger to themselves or others. They allege the seizures were made pursuant to a written policy of the City of Trinidad. The Trinidad facility was eventually closed due to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/41C6261BDE70D75888257187007BC638/$file/0410090.pdf?openelement">OPINION/ORDER</A><BR> Is withdrawn. Is replaced by the Amended Opinion and Amended Dissent. The petition for rehearing is otherwise denied. The petition for rehearing en banc is DENIED. No further petitions for rehearing or rehearing en banc will be accepted. This issue is one of first impression in our circuit. It is an issue of first impression in any federal circuit and the vast majority of state courts.1 A The dissent points to only two states whose supreme courts have addressed this issue: Maine and California. It is squarely presented. Facts Scott was arrested in Nevada on state charges of drug possession and released on his own recognizance. Scott was required to sign a form stating that he agreed to comply with certain conditions. Among the conditions was consent to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan2000/991262.txt">OPINION/ORDER</A><BR> The plaintiffs are three named minors who. The Act allows a minor's parents or a legal guardian who has custody of a minor to petition the court of common pleas of the judicial district in Pennsylvania where the minor is domiciled to order the involuntary commitment of the minor child to a drug and alcohol treatment program. The defendants are county judges responsible for presiding over Act 53 cases. They are sued only in their official capacity.2 The district court dismissed the action on the ground that the judges. Is a judge on the Philadelphia Court of Common Pleas. The Honorable Gwendolyn Bright is a judge in the Philadelphia Court of Common Pleas. The Honorable Paul Panepinto is the Administrative Judge for the Philadelphia Court of Common Pleas. Grim is a judge in the Berks County Court of Common Pleas. Is responsible for hearing Act 53 cases in that county. 2 adjudicators </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/05/011352P.pdf">OPINION/ORDER</A><BR> Johnston was convicted of first degree murder and armed criminal action in Missouri state court in 1991 for the beating death of his wife. The facts underlying Johnston's conviction are discussed thoroughly by the Missouri Supreme Court. Counsel was appointed to represent Johnston in the Rule 29.15 proceedings. Our consideration of Johnston's appeal is governed by 28 U.S.C. § 2254 (1994 & Supp. 1998). We cannot grant habeas relief on any claim </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/AE298035023C9B72882569FB00617634/$file/9915916.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction under 28 U.S.C. § 1291. The three 2350 men who died in the crash were subsequently identified as Brad Keilen. Because there were no eyewitnesses to the crash. The wreckage and bodies were discovered after five hours had elapsed. The appellants claimed that the crash was caused by a defect or defects in the Cessna airplane. Whereas Cessna claimed the accident was solely due to pilot error and negligence. Is defectively designed and unreasonably dangerous. This evidence included expert testimony that the T 303's fuel tank is constructed in a manner that permits air to enter the fuel lines in some circumstances. When the airplane's rate of turn and angle of bank are not balanced (a condition called </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0127p-06.pdf">OPINION/ORDER</A><BR> Patricia Newsome was found strangled on her kitchen floor. Defendant was indicted for aggravated murder and aggravated robbery. Defendant was a keyboard musician who was out of work most of the time. An angry call for Newsome was received by the office receptionist. Who was a stranger to her. Defendant told Alvin that the lady whose house he lived in was throwing him out. Barbara Beck and Patricia Denier were dining at the Briarwood Lounge on Hamilton Avenue. Both women thought that he was in shock and was acting strange. Anthony Studenka was at DJ's Pub on Winton Road on the night of March 27. That person was defendant. Told Studenka that he had killed some kid who was a drug pusher. Springfield Township Police Officer Greg Huber was in front of DJ's Pub when he heard a radio call that a male at the bar was bragging that he had killed someone. Defendant told Huber that he was in a fight across the street at Lulu's bar. Defendant told the officers that the story of the killing he was telling inside the bar was really about a Clint Eastwood movie. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1606.01A">OPINION/ORDER</A><BR> Levine </SPAN>and <SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0502n-06.pdf">OPINION/ORDER</A><BR> Defendant Appellant Ronnie Travis Ray was convicted by a jury on five counts of conduct involving child pornography. He appeals his conviction on four of those counts on the ground that Congress was not authorized under the Commerce Clause to enact the two federal criminal statutes underpinning the convictions. Ray argues that we should reverse his conviction on the fifth count on the ground that there is insufficient evidence to support the conviction. Angela testified that she met Ray when she was a minor. Angela stated that Ray knew she was in high school during that period of time. Were with Ray in his apartment </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb2001/00-11152.man.html">FLANIGAN'S ENTERPRISES, INC. OF GEORGIA V. FULTON COUNTY (2/20/2001, NO. 00-11152)<BR></A><BR> The district court held that a 1997 amendment to Section 18 76 of the Fulton County Code ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/02/98-8046.htm">98-8046 -- RENAUD V. WYOMING DEPT. OF FAMILY SERVICES -- 02/08/2000<BR></A><BR> His first claim was that Defendant Wyoming Department of Family Services violated the Americans with Disabilities Act [ADA]. His second claim was that the Department violated the Family and Medical Leave Act [FMLA]. Were against Defendant Shirley R. Were against both defendants for breach of an implied contract of employment created by Wyoming government personnel rules and policies and for intentional infliction of emotional distress. <p> The district court entered an order granting Defendants' motion for summary judgment in part and denying it in part. Judgment was entered in favor of the Department. <p> On appeal. He asserts a lack of evidence to support the jury finding on his FMLA claim. <p align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7581BA34AFFC45D288256E6F007228B0/$file/0199022.pdf?openelement">OPINION/ORDER</A><BR> Stankewitz is on death row in California. In his claim that his counsel was unconstitutionally ineffective for failing to investigate and present substantial mitigating evidence in the penalty phase of Stankewitz's trial. Who is of Native American heritage. Was born into a life of abuse and deprivation. He says he was physically and sexually abused. We conclude that counsel's failure to try to give the jury this kind of information that might have humanized Stankewitz. Appears to have fallen below constitutionally acceptable professional standards. He was headed for Fresno. In his company were his mother. The officers contacted Sacramento police but were unable to determine whether the car had been stolen. They were allowed to leave. The vehicle was impounded. The bus depot was not open when they arrived. Greybeal stated that none of this would have happened if she had had her dog with her. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/06-7242.pdf">OPINION/ORDER</A><BR> United States Court of Appeals for the Federal Circuit
555 OPINION/ORDER
Ben Yazzen (the defendant) was charged with seven counts of aggravated sexual abuse of a child under twelve years. The acts were alleged to have occurred between December 1. A jury trial was held on (1) This order and judgment is not binding precedent. The guideline range for defendant's sentence was mandatory life imprisonment. You have a lot of jury experience and one of the cases included alcoholism. There will be alcoholism in this case. It doesn't have anything to do with the case. It does have to do with alcoholism.
555 OPINION/ORDER
Circuit Judge: The Commissioner of the Pennsylvania Department of Corrections (hereinafter
555 97-1358 -- ANAYA V. CROSSROADS MANAGED CARE SYSTEMS INC. -- 11/02/1999

Circuit Judges.

555 OPINION/ORDER
We have jurisdiction under 28 U.S.C. § 1291. The three 2350 men who died in the crash were subsequently identified as Brad Keilen. Because there were no eyewitnesses to the crash. The wreckage and bodies were discovered after five hours had elapsed. The appellants claimed that the crash was caused by a defect or defects in the Cessna airplane. Whereas Cessna claimed the accident was solely due to pilot error and negligence. Is defectively designed and unreasonably dangerous. This evidence included expert testimony that the T 303's fuel tank is constructed in a manner that permits air to enter the fuel lines in some circumstances. When the airplane's rate of turn and angle of bank are not balanced (a condition called
555 DAVIS V. EXECUTIVE DIR. OF DEPT. OF CORRECTIONS

Davis was not abandoned by his attorney in the closing argument of the penalty phase of his trial. (3) the statutory aggravators presented to the jury were either valid or. Were harmless. The tragic facts concerning this crime have been fully set out in the state court opinions affirming Mr. Fincham were tried separately. Craig Truman was appointed Mr. (1) While this appeal was pending. He was sentenced to life imprisonment on the conspiracy and second degree kidnaping convictions.(2) The penalty phase for the murder convictions began the day after the guilt/innocence phase concluded. The jury was presented with six aggravating factors and eight mitigating factors. The jury concluded beyond a reasonable doubt that death was the proper punishment. Davis was also charged with being an habitual offender. (2) the jury was permitted to consider unconstitutional statutory aggravators. State court factual findings are presumptively correct and are therefore entitled to deference. When a defendant claims ineffective assistance of counsel because his attorney's performance was inadequate.
555 FIRST FINANCIAL INS. CO. V. ROACH

The cases are therefore ordered submitted without oral argument. The state court action centers around an automobile accident in which several people were killed. The plaintiffs in that action claim that Pond Creek Country Club and Frisco Bar served 3.2 beer to a customer who was already intoxicated. If such liability is imposed (i) by. Defendants argue that 3.2 beer is not an alcoholic beverage. That the term is ambiguous because it is susceptible to two meanings and. That summary judgment was inappropriate. That the terms of the insurance policies are not ambiguous and that the term
555 FLANIGAN'S ENTERPRISES, INC. OF GEORGIA V. FULTON COUNTY (2/20/2001, NO. 00-11152)

The district court held that a 1997 amendment to Section 18 76 of the Fulton County Code (
537 OPINION/ORDER
Which is thirty three months above the high end of the sentencing range recommended by the Sentencing Guidelines. Although this is a
substantial increase. It is reasonable under the compelling facts of this case. Valtierra Rojas was convicted on one count of Involuntary Manslaughter While Driving Under The Influence Of Alcohol for striking and killing a motorcycle driver. He was deported to Mexico in April 2000. Valtierra Rojas was convicted of several traffic crimes after his re entry. He claims not to have consumed alcohol since April 2003. Valtierra Rojas was indicted on one count of illegal re entry after deportation for an aggravated felony (the 1997 involuntary manslaughter DUI conviction). Arguing that involuntary manslaughter DUI was not an
537 OPINION/ORDER
Were on brief for appellant. Was on brief for appellee. The retrofitted HUDDELL was towed to Simplex's facility at Newington. At which point three options were available for getting from the tank onto the 'tween deck floor: (1) holding onto a
537 OPINION/ORDER
Kenneth McBroom pled guilty to and was convicted of one count of possession of child pornography in violation of 18 U.S.C. Finding that McBroom was able. The district court concluded that McBroom was ineligible for a downward departure. We believe that the district court could have considered the possibility that McBroom suffered from a volitional impairment which prevented him from controlling his behavior or conforming it to the law. We will. McBroom detailed his abusive childhood in an uncontradicted affidavit submitted to the district court: All outward appearances of my family were positive but deceiving. . . . I have vague recollections of being a young boy and having him bathe me. I suppose I was four or five at the time. I have clear memories of the abuse from about the age of ten onward. . . . There were also a few instances in which my father took Polaroid pictures of me naked. . . . Until I was 15 years old. 3 McBroom Aff. McBroom attended law school and was married. He was asked to testify at his father's trial on charges that his father sexually molested a neighbor's son.
537 OPINION/ORDER
Larry Jordan was convicted and sentenced to 262 months' imprisonment and ten years' supervised release after he pleaded guilty to conspiracy to distribute and to possess with intent to distribute crack cocaine. On appeal Jordan argues principally that the condition of his supervised release requiring his participation in a drug or alcohol abuse treatment program is not adequately justified because he does not use drugs or alcohol. Because the enhancements applied in the PSR for relevant conduct and possession of a dangerous weapon were not charged in the indictment and therefore should not be applied to enhance the sentence. Discussion Jordan acknowledges that because his sentence of 262 months is within a properly calculated guidelines range. It No. 05 2673 3 is presumed reasonable under United States v. Even if the Court were to hold that a rebuttable presumption of reasonableness conflicts with Booker. Jordan has failed to develop an argument that his sentence is unreasonable when considered under the § 3553(a) factors.
537 OPINION/ORDER
Petitionerappellant Ronald Dean Combs was convicted by an Ohio jury of two counts of aggravated murder as well as a specification of an aggravating circumstance as to each count. He was sentenced to death. For reasons that will be explained below. Combs was taken to the hospital and underwent extensive treatment for his gunshot wounds. His right arm was amputated. His left arm was left partly paralyzed. Combs was charged with two counts of aggravated murder. Which is defined as
537 OPINION/ORDER
Was on brief. We affirm.
537 OPINION/ORDER
Also was on the briefs. Circuit Judge: We must decide whether the First Amendment is implicated by the suspension of an establishment's erotic dancing license for violations of a city's alcohol licensing laws. Inspectors themselves were allowed to bring onto the premises and consume alcoholic beverages. The investigating officers were directed to a nearby liquor store.2 On February 6. TOT was issued a
537 98-3139 -- NGUYEN V. HONDA MOTOR CO. LTD. -- 03/26/1999

The case is therefore ordered submitted without oral argument.

Plaintiffs appellants Camvan Thi Nguyen and Ty Bui. Plaintiffs' claims against the other defendants have been resolved and are not before this court. When she was unable to pass the truck or return to her lane. Was injured. He was released from the hospital shortly after his arrival. Sheetz was negligent in failing to avoid the collision with the Honda. Was negligent in failing to have Mr. Sheetz was exhausted. Thus permitting the inference that his reaction time was longer than was reasonable and thereby contributed to causing the accident. Sheetz was traveling too fast under the circumstances. Even though he was not exceeding the speed limit. Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Celotex Corp. v. An accident which is not reasonably foreseeable by the exercise of reasonable care and prudence is not sufficient grounds for a negligence action.

Woodruff v.

537 99-4036A -- ASTON V. BUREAU OF ALCOHOL TOBACCO AND FIREARMS -- 11/10/1999

Circuit Judges.

537 OPINION/ORDER
Is amended by adding a new footnote 3 at the end of Part II.C. Is misplaced. Sanders is a domestic relations case. Second Sander's holding that tribal courts had jurisdiction over dissolution proceedings of that marriage was based on the fact that the family unit (the couple and their children) resided on the reservation and that all three children were members of the tribe. Former footnote 3 is renumbered as footnote 4. The petition for panel rehearing and the petition for rehearing en banc are denied. 15802 OPINION TASHIMA. Are social acquaintances. Although it is on the Crow Reservation. Is considered to be
537 03-7007 -- CHAMBERS V. BARNHART -- 11/06/2003

The case is therefore ordered submitted without oral argument.

Plaintiff Edgar E.

537 OPINION/ORDER
Also was on the briefs. 2003 is hereby amended as follows: Slip. TOT filed a petition for rehearing alleging for the first time ever that it was punished for conduct sanctionable only under LVMC § 6.35.100(F). Therefore that it was not prosecuted under a generally applicable statute at all. 726 (9th Cir. 1992) (
537 99-5196 -- SIGMON V. COMMUNITY CARE HMO INC. -- 12/11/2000

Circuit Judge.

537 99-8041 -- NELSON V. WILLIAMS FIELD SERVICES CO. -- 06/09/2000

In his complaint Nelson alleged that he was employed by Williams on April 15. At the time of his termination Nelson stated he was employed as a Gathering Technician II. Alleging that there was a diversity of citizenship and that the amount in controversy exceeded $75. Further alleging that one of Nelson's four claims was based on the ADA. Nelson was initially employed by Williams on April 16. 1993) and remained employed with Williams until he was terminated on February 25. Nelson was hired as a field operator or gathering technician in the Big Piney area. In that position he worked in the oil field assuring that gas wells and equipment were properly maintained and that the gas was being properly measured. Nelson did have his problems. We are not certain exactly when. Nelson was referred to an after care program and prescribed to take 20 milligrams of Prozac daily.

After his discharge from Olympus View Hospital but before returning to work. Nelson was required by Williams to sign a release which allowed certain medical reports made by attending physicians at Olympus View Hospital to be released to Williams.

537 OPINION/ORDER
Fattahi's application was forwarded to ATF's Richmond field office. The association's counsel informed Angelo that commercial activities were generally prohibited in residential units absent special permission. If Angelo told him which specific unit was at issue. If Fattahi's FFL were granted. After Angelo was deposed. Was granted. We must affirm if the undisputed facts establish that [ATF] was entitled to judgment as a matter of law.
537 OPINION/ORDER
South Dakota highway patrol officer Mike Kayras was conducting stationary radar surveillance on Interstate 90 in Brule County. Although the pickup was registered in Montana. Indicating that Neumann had consumed alcohol but was not intoxicated. Kayras then told Neumann that he was going to search the pickup for drugs. Neumann was subsequently indicted by a federal grand jury for possession with the intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). R. Crim. 3 S.D.C.L. § 35 1 9.1 provides: It is a Class 2 misdemeanor for any person to have a package or any receptacle containing an alcoholic beverage in his possession in a motor vehicle unless the seal of the original package remains unbroken or the alcoholic beverage is so removed that no occupant of the motor vehicle shall have access to it while the vehicle is in motion. Neumann contends that the motion to suppress should have been granted because probable cause did not exist to justify the warrantless search of his pickup for an open container.
537 OPINION/ORDER
Was engaged in a successful private law practice in St. Was a member of the Bar of the Eighth Circuit Court of Appeals. He may have consumed as many as twelve drinks in all. Were traveling south on Interstate 255 in Joshua's car on their way to work at their grandfather's produce stand at the Farmer's Market in South St. He drove for more than two miles in the wrong direction. 2 The dawn was just about to break as Hoare collided with Joshua Roedersheimer's southbound car. Was injured and bleeding but was able to pull Joshua free from the car. The legal limit was .10 percent in Illinois. An accident reconstruction specialist later testified that Hoare's automobile was straddling two lanes at the time of the crash and that there was no evidence Hoare had taken evasive action. Hoare was charged in St. A mistrial was declared when a juror changed her mind and refused to affirm. Hoare was sentenced instead to six months in the St. Was placed on probation for forty 3 months. He was ordered to perform forty hours of community service during each month of his probation.
537 OPINION/ORDER
This is a diversity action under Kentucky law in which the district court entered judgment in favor of the plaintiffs after a jury found that the defendant had reviewed the decedent's life insurance application in bad faith. Is sufficient to support a verdict in favor of the plaintiffs. That the plaintiffs failed to offer sufficient evidence from which a reasonable jury could have found that Southern Farm reviewed the decedent's application in bad faith. Although the plaintiffs are generally of the opinion that the judgment of the district court should be affirmed. They raise two arguments on cross appeal: (1) that the district court should have applied Kentucky law. (2) that they were entitled to seek punitive damages. The judgment of the district court will be affirmed in part and reversed in part. They dispute whether these facts are sufficient to show that the defendant acted in bad faith in reviewing the life insurance application submitted by the decedent. The application was for $200. Was given a conditional receipt.
537 OPINION/ORDER
Are social acquaintances. Although it is on the Crow Reservation. Is considered to be
537 OPINION/ORDER
We have jurisdiction to review under 28 U.S.C. § 1291. We reverse and remand because the Commissioner's decision is not supported by substantial evidence. After his applications were denied initially and upon reconsideration. Robbins requested and was granted a hearing in March 1999 before Administrative Law Judge (
537 OPINION/ORDER
Plaintiffs argue that the statute and regulation are unconstitutional both on their face and as applied to plaintiffs. We conclude that the statute and regulation are facially invalid because they are substantially overbroad. A Philadelphia bar where erotic
537 95-2263 -- LUCERO V. KERBY -- 01/08/1998

Sequestered voir dire after it was learned that one of the jury venire was the brother of one of the victims of the charged offenses. (2) he was denied his Sixth Amendment right to compulsory process for obtaining witnesses when the trial court denied his motion for a continuance to secure a witness essential to his misidentification defense. (3) he was denied his constitutional right to a full and fair hearing on the issue of the voluntariness of his inculpatory statements. (4) the evidence introduced at trial was insufficient to support his convictions. (7) he was denied his Sixth Amendment right to effective assistance of counsel due to his trial attorney's deficient performance. Petitioner was charged with four counts of aggravated burglary. She was removing clothes from the clothesline when she was grabbed from behind. He held something against her neck which she was unable to identify. Schneider was able to describe him from brief glimpses as dark haired. As she was laying down. He pushed her down so that she was face down on the floor.
537 OPINION/ORDER
Is amended by adding a new footnote 3 at the end of Part II.C. Is misplaced. Sanders is a domestic relations case. Second Sander's holding that tribal courts had jurisdiction over dissolution proceedings of that marriage was based on the fact that the family unit (the couple and their children) resided on the reservation and that all three children were members of the tribe. Former footnote 3 is renumbered as footnote 4. The petition for panel rehearing and the petition for rehearing en banc are denied. 15802 OPINION TASHIMA. Are social acquaintances. Although it is on the Crow Reservation. Is considered to be
537 OPINION/ORDER
Barnhart is substituted for former Commissioner of Social Security Kenneth S. We must affirm the decision of the ALJ if it is supported by substantial evidence in the record as a whole.
537 OPINION/ORDER
Twiss's plea of guilty was conditioned on obtaining appellate review of two issues: (1) whether the district court2 erred by not The Honorable Frank J. Magill was an active judge at the time this case was submitted and assumed senior status on April 1. Before the opinion was filed. (2) whether the district court erred by not suppressing inculpatory statements that Twiss made when he was confronted with the results of the urinalysis. Were able to walk away from the accident. Was pinned under the jeep's roll bar and died in the accident. Ross said that he did not call the police from Vivian Reed's residence because no one was home. Captain Lionel Iron Moccasin of the Oglala Sioux Tribe Public Safety Commission asked Star Comes Out which of the survivors was going to be given a substance test. There is contradictory 4 testimony about whether Star Comes Out relayed to agent Grell the information that Star Comes Out obtained when he interviewed Twiss and Ross. Star Comes Out was confused as to whether he conducted his interview of Twiss before or after the second phone call to agent Grell.
537 OPINION/ORDER
This case was argued before a panel consisting of Judges Roth. The decision is * (Filed July 18. We will affirm the District Court and hold that the Regulation. Is not unconstitutional. The ABC has broad authority in this realm and is statutorily authorized to promulgate rules and regulations
537 REZI P. FORSHEY V. ANTHONY PRINCIPI

For respondent appellee.
537 OPINION/ORDER
Hugs was charged with and found guilty of involuntarily killing Theron Old Elk on April 10. Is unconstitutionally vague and improper. Hugs to provide a DNA sample is a minimal intrusion into his right to privacy. Was involved in a single vehicle automobile accident inside the Crow Indian Reservation. Though there was no witness of the actual crash. Hugs was the driver. Hugs was admitted to the hospital on April 10. A blood sample was tested twice to determine Mr. Hugs was indicted by a grand jury. That is. Joint Jury Instruction No. 6 reads as follows: The defendant is charged in the indictment with involuntary manslaughter in violation of Section 1112 of Title 18 of the United States Code. The defendant is an Indian person. The defendant's act was the proximate cause of the death of the victim. A proximate cause is one which played a substantial part in bringing about death. So that the death was the direct result or a reasonably probable consequence of the defendant's act. The killing was unlawful.
537 OPINION/ORDER
Are social acquaintances. Although it is on the Crow Reservation. Is considered to be
537 96-6329A -- DUVALL V. REYNOLDS -- 12/10/1997

1997

Please be advised of the following correction to the captioned decision:

Case number 97 6299 was inadvertently omitted from the caption of the opinion disposing of this appeal. Duvall was in trouble. He stated that she was angry with him because he arranged for her drug prescription to be canceled. He replied that their son was at his grandmother's home. Duvall was previously convicted of a felony involving the use or threat of violence to the person and (2) that the murder was especially heinous. Duvall was not entitled to relief on his remaining claims and dismissed his petition. Or cruel

537 OPINION/ORDER
Circuit Judge: This case requires us to decide whether a conviction under California Vehicle Code section 23152(b) for driving with a blood alcohol level of 0.08 or higher is a conviction for an offense
537 OPINION/ORDER
Who is scheduled to be executed on August 12. I Terry Dennis was charged with first degree murder in the Nevada state district court in Washoe County on March 29. Was evaluated by a psychiatrist. Was determined to be competent to stand trial. Was able to assist in his own defense. The court found that Dennis was competent to enter a guilty plea. Evidence was presented that Dennis suffered from mental illness including bipolar disorder and posttraumatic stress disorder that he had a long history of suicide attempts. Butko was appointed as habeas counsel on April 25. Before his appeal was heard. The letter to the Nevada A detailed description of the crime is found in the Nevada Supreme Court's opinion affirming Dennis's conviction and sentence. Butko is doing all she can to delay things hoping I'll change my mind but I've been thinking this over for quite some time now and I assure you my mind's made up and I know what I'm doing.
537 OPINION/ORDER
Thunder Hawk alleges that the district court erred in exercising jurisdiction over this case because federal authorities have no jurisdiction over offenses committed by one Indian against another Indian pursuant to 18 U.S.C. § 1152 (1994). We hold that the district court's exercise of jurisdiction was proper and therefore affirm the court's judgment. Thunder Hawk was driving his two children. Thunder Hawk submitted to a breathalyzer test that showed that his blood alcohol content was .11%. Thunder Hawk is an Indian2 and was charged in Tribal Court with violating the Tribe's criminal code. Thunder Hawk was subject to increased penalties under federal law because his minor daughter was injured in the collision. United States District Court for the District of South Dakota. 1 2 Thunder Hawk is a member of the Cheyenne River Sioux Tribe. Because both Thunder Hawk and his daughter are Indians. The issue of whether federal subject matter jurisdiction exists is subject to de novo review. The exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively. 18 U.S.C. § 1152 (emphasis added).
537 99-4065 -- CARLSEN V. DURON -- 08/24/2000

The case is therefore ordered submitted without oral argument.

I. Who is not a defendant. While he was driving through downtown Logan City toward his home. Was driving 20 m.p.h. in a 30 m.p.h. speed zone. Even though there was no stop sign or other reason to brake. The officers testified that these actions caused them to suspect the driver was intoxicated or under the influence of alcohol.

Officers Harris and Low pulled Carlsen over. Officer Harris testified Carlsen was smoking a cigarette and appeared tired or groggy. Two other Logan City police officers were present as observers during portions of the traffic . Carlsen was handcuffed and arrested for driving under the influence of alcohol. He was taken to the county jail. Testified that he was driving 25 to 30 m.p.h. and said he braked twice to slow on a slight decline in the road. That the Logan City Police Department is hostile toward his family.

The trial court. Carlsen contends that several of the district court's factual findings are not supported by the evidence.

518 99-7096 -- BATTENFIELD V. GIBSON -- 01/03/2001

They declined because it was cold. There is also evidence that at this approximate time. Stopping once on the way for another ten to fifteen minutes.

There is conflicting evidence concerning what transpired when the occupants of the car returned. None of the men were in sight when they first returned to the truck. Cantrell was not in sight.

On the way back to Muskogee. The car broke down on the way back to Muskogee and a highway patrol officer helped Battenfield jump start the car.

Cantrell's body was found the next day at Wahoo Bay. The injury would likely have rendered Cantrell unconscious. The autopsy results also indicated Cantrell suffered various post mortem abrasions (perhaps from being dragged along the ground from one area to another).

The highway patrol officer who helped Battenfield jump start the car testified that Battenfield was wearing Cantrell's coat. Battenfield was again observed wearing Cantrell's coat. Battenfield was arrested for the murder of Cantrell on April 24. Hairs from Cantrell's head were found on Battenfield's jeans and stocking cap (both of which Battenfield was wearing on the night of the murder).

Battenfield's jury trial began on February 25.

518 OPINION/ORDER
With him on the brief were Peter D. Of counsel was Wayne A. The removal action was taken after Mr. Baker was discharged from a substance abuse treatment facility. The decision of the Board is reversed. The case is remanded to the Board for further proceedings on that issue. Baker was formerly employed as an Air Traffic Control Specialist. He was arrested for possession of a controlled substance. The arrest came after authorities searched the vehicle he was driving and discovered a pipe and a container with a substance later confirmed to be methamphetamine. Baker was in custody tested positive for amphetamine and methamphetamine. possession of a controlled substance. Popper also stated: Consideration will participate in and Substance Abuse your agreement to . . . be given to your willingness to successfully complete a FAA approved Rehabilitation/Treatment Program and abide by the conditions of that program In the Mr. Baker was willing to participate in and successfully complete the rehabilitation/treatment program.
518 99-7143 -- SMITH V. MASSEY -- 12/19/2000

1291 and affirm.

I.

The following is a summary of the underlying facts. Allegedly had made threats to have him killed.

As the group drove away from the motel. Present at the house were Smith and his wife Robyn. Five of these gunshot wounds were fatal. The knife wound was also potentially fatal.

Smith v. 483 U.S. 1033 (1987).

Smith and her son Greg were charged in the District Court of Sequoyah County. The cases against Smith and her son were severed for purposes of trial. The jury found the existence of two aggravating factors: (1) the murder was especially heinous. Smith was formally sentenced by the state district court on December 29. Which was denied after an evidentiary hearing. The denial of post conviction relief was affirmed by the OCCA. Smith v. The magistrate court conducted an evidentiary hearing on the issue of whether Smith was advised by trial counsel of a potential conflict of interest arising out of counsel's representation of both Smith and her son and.

518 03-2209 -- U.S. V. TSOSIE -- 08/02/2004

He claims the district court erroneously based the length of his prison sentence solely on his need for rehabilitation and that the sentence was neither reasoned nor reasonable. He pled guilty to two Class C felony counts of assault resulting in serious bodily injury and was sentenced to forty two months imprisonment followed by three years of supervised release.
518 MADDEN V. GOBER
518 OPINION/ORDER
Contending that it erred by concluding that no rational trier of fact could have found Stanton guilty beyond a reasonable doubt. We hold first that we have jurisdiction to hear this appeal. To determine whether
518 OPINION/ORDER
When he was 25 years old. Which eliminated disability benefits where drug addiction or alcoholism was a
518 OPINION/ORDER
Was the principal of West Franklin Street Elementary School in Anderson. His body was found outside the school around 1:00 o'clock a.m. on September 1. Appellant's fingerprints were found on the victim's red car which was parked on the street in front of the school. Appellant was arrested on the night of September 1. He stated he was walking near the school with John Glen and Kevin Young. John Glen was inside a red car that was parked in front of the school and was trying to remove a cassette player. Glen were walking on the school grounds on the night of August 31. All four statements were admitted into evidence after an extensive Jackson v. Bell contends that he was denied effective assistance of trial counsel because of his lawyer's failure to request a certain jury instruction. We have carefully reviewed the record and the parties' arguments on these claims and agree with the district court. A federal court may grant an application for habeas relief on a claim that has been previously adjudicated on the merits in state court only if that adjudication
518 OPINION/ORDER
The officers knew where Plaintiff Kenneth Hardesty worked and called his workplace but were unable to get in touch with him. Sanderson and Garbarcik believed someone was home because they had observed lights in the house go off as they approached the house. When there was no response at the front door or to the phone calls. The Hardestys have a deck on the back of their home. There is an entrance into the home from the deck. There are no pathways leading from the front yard or front door to the deck. Ryan Dean was found lying on the couch and did have blood on his hands. Was not in need of medical attention. Brewer's minor in possession case was dismissed after the state court ruled that the officers' entry into the Hardesty home was illegal. The charges against Joseph Hardesty were dismissed as well. All of the Hardestys' claims are based on the allegation that the officers' warrantless search of the Hardesty residence was unconstitutional. The district court ruled that the state court decision regarding the legality of the search was not binding.
518 OPINION/ORDER
Which was imposed after his plea of guilty to one count of violation of 8 U.S.C. § 1326. Maciel contends that his sentence is unreasonable under United States v. That 8 U.S.C. § 1326 is unconstitutional. We consider the alleged Booker error.2 Maciel argues Because the parties are familiar with the factual and procedural history. Which is informed by the Guidelines calculation as well as by the other factors set forth in § 3553(a).
518 OPINION/ORDER
Grimes contends that the district court did not have proper jurisdiction over the claims. She raises the following issues: (1) the district court should have remanded the case to the state court because it no longer had subject matter jurisdiction over the case when the Commonwealth of Kentucky was added as a party because (a) the court's diversity jurisdiction was destroyed and (b) the Commonwealth is immune from suit under the Eleventh Amendment. (2) the trial court erred in instructing the jury on apportionment of fault (a) against the Commonwealth of Kentucky because the Commonwealth is immune from Although Grimes' lawyer. The daughter was dismissed as a plaintiff below and she is not mentioned in the appellate brief. We have no basis to adjudicate a claim by the daughter. 1 No. 01 6305 Grimes. No. 01 6305 liability and (b) against the driver of the truck because plaintiff's claim was an
518 OPINION/ORDER
Wishart and Jackman & Roth were on brief for appellant. Schnitzler & Krupman were on brief for appellee. Although Barbour was performing his job satisfactorily. An employee who is still disabled must then apply for long term disability benefits. Which are provided through a funded insurance program. A Physician's Certification of Disability form (the
518 OPINION/ORDER
Bruce claims he is entitled to a new trial because the district court failed to instruct the jury on the lesser included offense of simple assault. Assuming his convictions are affirmed. Bruce asserts he is entitled to be resentenced because the district court imposed a special term of supervised release without first providing the notice required by Fed. Factual Background The victim of the assaults underlying the charges in this case was Hannalita Long. Insisted she was going to leave and move in with her mother. While she was lying on the floor. Bruce told Chavez that Long was not home and that he thought she was still at her mother's house. Was able to get Chavez's attention through a window in the trailer and indicate she needed help. Long and Chavez waited a few moments because Kendall Jr. was still in the trailer and they feared for his safety. Kendall Jr. was covered with blood
spatter. Was not injured physically. She was in extreme pain and had numerous injuries to her face and body. Doctor Bhatia testified loss of consciousness could indicate a concussion based trauma to the brain and the resulting injury could
518 OPINION/ORDER
The boat was a Sea Ray Runabout with a 230 horsepower Mercruiser The rear of the boat had He also appeals several of the district court's We affirm. From which swimmers could enter and exit the boat. was located above the motor and propeller. Was not located until several days later. Bunting alleged that the boat and motor were He further contended that the defective in that they allowed too high a concentration of carbon monoxide to gather around the boat and motor. users of those perils. Excluded some as well because it was cumulative. The circumstances of the experimental tests were not similar to the actual conditions of the accident. (3) the jury verdict was against the weight of the evidence. To object to the remarks at the time they were made. (1995). Ct. 409 We will reverse only when a judge's comments were so pervasive as to affect the outcome of the trial and result in a miscarriage of justice. 3 challenged statements were made. Several of the challenged statements relied upon by Bunting were made at sidebars.
518 OPINION/ORDER
Christine Small (Small) was charged in a nine count indictment filed in the United States District Court for the District of Colorado with misuse of a social security number. She was (1) This order and judgment is not binding precedent. The case is therefore ordered submitted without oral argument.
represented at all times in the district court by the Public Defender's office. Lowered her ability to control her impulses was the combination of using psychotropic medication and drinking heavily. The defendant was using Klonapin. She was taking two other psychotropic medications. While there is not a clearly defined interaction that occurs when using alcohol with either medication. None of these have been positive. Is a necessary component of her probation. Small was sentenced to five years probation on each of the two counts she had pled guilty to. Until she is released from the program by the probation officer. The defendant shall remain medication compliant and shall take all psychiatric medications that are prescribed by her treating psychiatrist.
518 OPINION/ORDER
The terms and conditions of employment of Union members such as Burmeister are protected by a collective bargaining agreement (
518 OPINION/ORDER
IV and announcing the judgment in part V: Petitioner appellant Jeffrey Clayton Kandies was sentenced to death after being found guilty by a North Carolina jury of the firstdegree rape and first degree murder of Natalie Lynn Osborne. We subsequently issued Kandies a certificate of appealability for his claims that (1) his trial counsel rendered ineffective assistance during the penalty phase by failing to investigate whether he was sexually abused as a child and (2) the North Carolina Supreme Court erred by concluding that the State's use of peremptory challenges to strike prospective African American jurors was not violative of the Supreme Court's holding in Batson v. Who is a Caucasian American. Who was his fiancee KANDIES v. Which is around the same time that Ms. Who noticed that Kandies's hand was beginning to swell. Suggested that Kandies have his hand examined by a medical technician that happened to be inside the store. Declined to have the medical technician examine his hand and immediately left the store.
518 OPINION/ORDER
Franklin was convicted of one count of sodomy in the first degree and sentenced to 9 years. Arguing only that his trial counsel was ineffective for failing to investigate or pursue a possible mental state defense. Respondent (
518 OPINION/ORDER
Bates was on brief for the Ellenwoods. Was on brief for the State of Maine. McGill were on brief for Exxon Shipping Company. Was removed from his position as chief engineer of another Exxon oil tanker. Relying primarily on the company's previous written policy that
518 99-4036 -- ASTON V. BUREAU OF ALCOHOL -- 11/10/1999

The matter was subsequently transferred to the United States District Court for the District of Utah. We have jurisdiction under 28 U.S.C.
518 OPINION/ORDER
Unpublished opinions are not binding precedent in this circuit. The district court found that Sloop's absence from work during his involuntary civil commitment for detoxification was due to his use of alcohol and not covered by the Family Medical Leave Act (
518 97-6260 -- MAKER V. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. -- 08/27/1998

The case is therefore ordered submitted without oral argument.

Plaintiff filed suit to recover benefits under the uninsured motorist provision of his policy with defendant for injuries sustained in an automobile accident. Arguing (1) the award of damages was inadequate and contrary to the evidence. (2) the award of damages was based on incompetent. Our focus is

518 OPINION/ORDER
Was allegedly sexually assaulted. Busch invited his ex girlfriend Freeman­who was nineteen at the time­and her friends Anne Huffman and Ricci Kowalski to his Simpson College dorm room for a party. Busch informed Huggins that Freeman was his visitor. When Hatfield was getting ready to leave. She first became suspicious that something may have happened when she went to the bathroom. Discovered that her underwear was on backwards. Realized that her tampon was crushed.
518 OPINION/ORDER
I. Frye was sentenced to death on November 15. That decision was upheld on April 8. Were unconstitutionally vague and overbroad. Are largely drawn from the accounts related by the state courts the Supreme Court of North Carolina and the MAR court. An empty wallet was discovered on the floor of the house. Frye was thereafter tried in the Superior Court of Catawba County for first degree murder and for robbery with a dangerous weapon. The prosecution case against Frye was. Was able to purchase crack cocaine with a thick wad of money. The physical evidence implicating Frye was overwhelming. Frye's blood was found at the murder scene on a mattress. Their plan was to instead focus on avoiding the death penalty by presenting mitigation evidence to the jury during the trial's sentencing phase.2 This plan was frustrated. When it was clear that neither Frye nor his family members would testify. He was given away at a restaurant by his parents to a family of strangers. He was severely beaten and subjected to extreme physical torture by the father of that family.
498 OPINION/ORDER
498 TOMPKINS V. MOORE (10/29/1999, NO. 98-3367)

Circuit Judge:

Wayne Tompkins was convicted and sentenced to death for the sexual battery and murder of Lisa DeCarr. Who was the daughter of Tompkins' girlfriend. The facts concerning the crime and the evidence against Tompkins are set out in the Florida Supreme Court's decision affirming on direct appeal his conviction and death sentence. See Tompkins v. This is Tompkins' appeal from that denial.

THE CERTIFICATE OF PROBABLE CAUSE

After the district court denied his habeas petition. Was the proper procedural route for permission to appeal. See Hardwick v. The remaining 25 or so other claims Tompkins had raised in the district court were left out of the certificate of probable cause.

Tompkins wants us to review the district court's denial of relief as to far more claims than the certificate of probable cause specifies. The problem is that Tompkins did not even attempt to broaden the certificate of probable cause to cover all those other claims. He could have filed an application in this Court to do that.

498 TOMPKINS V. MOORE (10/29/1999, NO. 98-3367)

Circuit Judge:

Wayne Tompkins was convicted and sentenced to death for the sexual battery and murder of Lisa DeCarr. Who was the daughter of Tompkins' girlfriend. The facts concerning the crime and the evidence against Tompkins are set out in the Florida Supreme Court's decision affirming on direct appeal his conviction and death sentence. See Tompkins v. This is Tompkins' appeal from that denial.

THE CERTIFICATE OF PROBABLE CAUSE

After the district court denied his habeas petition. Was the proper procedural route for permission to appeal. See Hardwick v. The remaining 25 or so other claims Tompkins had raised in the district court were left out of the certificate of probable cause.

Tompkins wants us to review the district court's denial of relief as to far more claims than the certificate of probable cause specifies. The problem is that Tompkins did not even attempt to broaden the certificate of probable cause to cover all those other claims. He could have filed an application in this Court to do that.

498 TORPHARM V. RANBAXY

Argued for plaintiff appellant.  With him on the brief was L. Argued for defendants appellees.  With him on the brief were Joseph M. The lack of novelty of the product does not by itself establish that the process for making it is obvious.  We therefore reverse the grant of summary judgment of invalidity and remand the case for further proceedings.

This appeal concerns the validity of a patent on a process for making the drug ranitidine.  Ranitidine is an antihistamine drug that inhibits acid secretion in the stomach. Is used to treat ulcers.  Several patents covering different crystalline forms of ranitidine are owned by nonparty Glaxo. Have been the subject of extensive litigation.  Glaxo. Ll. 26 27.  Improved Form 1 ranitidine is distinguished from Form 1 ranitidine by two properties reflecting these characteristics:  bulk density and tap density.   According to the patent.

498 OPINION/ORDER
Who is deaf. Bircoll's Disability Bircoll is a profoundly deaf individual with no hearing in his left ear and ten percent hearing in his right ear. Was raised in the hearing world. Bircoll's primary form of communication is lipreading. Bircoll is more effective in reading lips if he is facing the speaker with good light and little background noise. Bircoll has greater success in communicating with speakers who do not have facial hair. Bircoll usually understands about fifty percent of what is said. Bircoll usually communicates with an amplified telephone (one that is louder than a normal phone) and a teletypewriter. Such as calling someone to say he will be late. He will make the phone call. One leg is shorter than the other. He was wearing his hearing aid that evening. Bircoll did not finish his drink because his stomach was bothering him. As he was leaving the gas station. Because trees and bushes were obstructing his view. Bircoll pulled into the intersection to see if there were any oncoming cars. When Bircoll saw that it was clear.
498 OPINION/ORDER
Quillin Porter pled guilty to three counts of mail fraud and was sentenced to 21 months' imprisonment. Also found that an eight level enhancement was appropriate. Because Porter had caused an amount of loss that was more than $70. Also argues that his term of imprisonment and restitution were imposed in violation of the Sixth Amendment. Porter argues that his sentence involved a violation of the Sixth Amendment because the district court applied an enhancement based on its finding that the amount of loss was over $70. The amount of loss is the greater of the actual or intended loss. It must be reduced by any amount returned to the victim before the offense was detected. The district court's implicit finding that the government met its burden to show that a reduction was not warranted constituted a finding of a fact not admitted by Porter. We have considered whether the district court's imposition of an identical alternative sentence
498 OPINION/ORDER
Who was 22. Were drinking and driving around Doniphan. All of the gas stations in Doniphan were closed. Once Allen was naked. Was too frightened. Seeing Allen was still alive. Lingar and Smith were charged with first degree murder. Smith later pleaded guilty to second degree murder and was sentenced to ten years in prison. A gun expert established the bullets found in Allen were fired from a Winchester .22 and could have been fired from Lingar's rifle. A blood expert testified blood stains in Lingar's car could have come from Allen. Who testified Lingar was
498 OPINION/ORDER
Hawkins appeals from the district court's order affirming the magistrate judge's denial of his motion to suppress evidence obtained as the result of the warrantless stop of his truck as he was about to leave McClellan Air Force Base (
498 OPINION/ORDER
Hartman was convicted in an Ohio state court of aggravated murder and was sentenced to death. Defendant was convicted of aggravated murder. Morris testified that Snipes was yelling at defendant about touching stuff that was not his. Snipes was observed crossing a street in a nearby business district. She was never seen alive again. Defendant was in and out of the bar five to six times between 9:00 and 10:30 p.m. Snipes's leg was draped across the bed. Bagley Page 3 plastic chair was on top of her body. Snipes's hands were cut off and have never been found. Defendant was at the Inn Between with Morris. While police units were across the street investigating Snipes's murder. Defendant approached Detective Gregory Harrison while he was at a mobile crime lab parked outside Snipes's apartment. Defendant approached Harrison a second time and spontaneously mentioned that Snipes was a whore. Defendant was
498 YEOMAN V. WEST
498 OPINION/ORDER
Hawkins appeals from the district court's order affirming the magistrate judge's denial of his motion to suppress evidence obtained as the result of the warrantless stop of his truck as he was about to leave McClellan Air Force Base (
498 OPINION/ORDER
Because the evidence adduced by Brewer does not provide the
498 OPINION/ORDER
We will remand for further proceedings. I. Facts and Procedural History As the parties are familiar with the facts and the procedural history. We will refer only to those necessary for our decision. Her application was denied initially and again on reconsideration. Found that Knox was not entitled to benefits. B. Knox was born on November 13. Physicians at the numerous centers at which Knox has received treatment have noted incidents of substance abuse. Testified that Knox's primary problem was a substance addiction disorder. He was unable to say if there was
498 OPINION/ORDER
We find that Carr is not entitled to relief from his conviction or sentence. I. BACKGROUND Carr was convicted of the 1992 murder of Keith Young following a jury trial in Monroe County. Georgia and was sentenced to death in 1994.1 His conviction and sentence were affirmed on direct appeal. The following facts were set forth by the Georgia Supreme Court: Carr was also charged with and convicted of theft of Young's vehicle. He was sentenced to twenty years of imprisonment on the motor vehicle charge. The jury was authorized to find that Carr. Carr and Burgeson fled to Tennessee in the victim's car and were arrested following a high speed chase. They were placed in the back of a police car in which police had activated a hidden tape recorder. Was introduced into evidence at Carr's trial. The jury was also authorized to find from the evidence that the knife used to stab the victim was discovered in Burgeson's purse. The evidence adduced was sufficient to enable a rational juror to find Carr guilty of the crimes charged beyond a reasonable doubt.
498 OPINION/ORDER
Hawkins appeals from the district court's order affirming the magistrate judge's denial of his motion to suppress evidence obtained as the result of the warrantless stop of his truck as he was about to leave McClellan Air Force Base (
498 OPINION/ORDER
Footnote 1 the second sentence of the footnote is amended to read: Gen. (4) Any conduct or entertainment by any person whose private parts are exposed or who is wearing transparent clothing that reveals the private parts. Or any sexual acts that are prohibited by law. A court must consider
498 OPINION/ORDER
That he was prejudiced by these errors. He was convicted of first degree murder in Arizona state court and sentenced to death. Concluding that Landrigan could not argue his counsel was ineffective at sentencing because he had instructed his attorney not to present mitigating evidence. SCHRIRO 2335 was deficient. Including whether
498 OPINION/ORDER
S 493(a)(1) is constitutional. We will affirm the district court's order. Police officers on routine patrol stopped Steven when they observed that his car did not have a license plate or taillights. One of the officers smelled alcohol on Steven's breath and noticed that his speech was slurred and his eyes were glassy. Steven was arrested on charges of Driving Under the Influence of an Intoxicating Liquor. Steven was found guilty of both charges on May 16. S 493(a)(1) is unconstitutionally vague. A criminal statute is unconstitutional if it
498 OPINION/ORDER
KAHN CLERK Wayne Tompkins was convicted and sentenced to death for the sexual battery and murder of Lisa DeCarr. Who was the daughter of Tompkins' girlfriend. The facts concerning the crime and the evidence against Tompkins are set out in the Florida Supreme Court's decision affirming on direct appeal his conviction and death sentence. This is Tompkins' appeal from that denial. Was the proper procedural route for permission to appeal. The remaining 25 or so other claims Tompkins had raised in the district court were left out of the certificate of probable cause. The problem is that Tompkins did not even attempt to broaden the certificate of probable cause to cover all those other claims. He could have filed an application in this Court to do 3 that. Is that he did not think it was necessary to do so in view of this Court's Hardwick decision. The district court had mistakenly believed the habeas case before it was governed by AEDPA. Including the requirement that a certificate of appealability specify the issues as to which an appeal is being permitted.
498 OPINION/ORDER
Kent appeals the district court's inclusion of a special condition to his three year period of supervised release on the grounds that the condition was an abuse of discretion by the district court. Kent was sentenced to twenty seven months plus three years supervised release after being found guilty of two counts of mail fraud in violation of 18 U.S.C. § 1341. He was sentenced to five months incarceration to be served concurrently with his prior sentence of twenty seven months. The court ordered: (1) Kent shall have no contact. She explained that she was fearful of Kent's anger upon his release from prison. The dissolution action was still pending at the time of the hearing. Counsel for the government stated that he believed Kent's probation officer requested the court remove the
498 OPINION/ORDER
Hawkins appeals from the district court's order affirming the magistrate judge's denial of his motion to suppress evidence obtained as the result of the warrantless stop of his truck as he was about to leave McClellan Air Force Base (
498 OPINION/ORDER
The testing program was incorporated into the 1999 2001 Collective Bargaining Agreement between the UAW and the State of Michigan. Article 52 of the Agreement identifies seven categories of
498 OPINION/ORDER
Unpublished opinions are not binding precedent in this circuit. He noticed that Daras' eyes were bloodshot and that he appeared to be confused. Grier testified that Daras had difficulty getting his driver's license out of his wallet and that his speech was somewhat slurred. Daras was unable to perform two of the three tests accurately. Grier testified that Daras did poorly on these tests and that the results convinced him that Daras was under the influence of alcohol. The machine reflected that Daras' breath alcohol content was .10 grams per 210 liters of breath. The evidence offered by the Government to prove that Grier's radar detection unit was properly calibrated. The evidence is insufficient to support his convictions. Daras contends that the breath test should not have been admitted because the Government failed to present any evidence that the Intoxilyzer 5000 was a scientifically reliable device. He avers that the trial court should have required the Government to prove the scientific validity of the methodology by which the device measures blood alcohol content.
498 00-1302 -- JOHN ROE #2 V. OGDEN -- 06/19/2001

That their claims were not ripe. That abstention was appropriate. We have jurisdiction under 28 U.S.C.
498 98-2200 -- KANIKAYNAR V. SISNEROS -- 08/17/1999

Circuit Judge.

498 OPINION/ORDER
Are essentially undisputed. Steve Wentland were drinking at Moore's house. Who was seated in the front. Who was driving. After Wentland was down. Where they awoke Conner's employer and were given access to a warehouse. He was apprehended in Texas on No. 03 1951 3 January 30. The penalty phase hearing was held on October 9. Including that his confession was improperly admitted because it was obtained in violation of his Fifth Amendment rights. Which under Indiana law is a remedy limited to issues not known at trial or not available on direct appeal. Including: (1) his confession was obtained through manipulation. Was therefore improperly admitted at trial. (3) he was denied effective assistance of trial counsel. Legal Standards A federal court may grant habeas relief only if the petitioner demonstrates that he is in custody
498 UNITED STATES V. ORTIZ

1992 two officers from the Salt Lake City Metro Gang Unit were patrolling in an area known for frequent juvenile criminal activity. She was leaning toward the inside of the truck and appeared to be conversing with the passengers. Thinking that a violation of the law (a minor in possession of alcohol) was occurring. The passenger's identification indicated that he was under twenty one years of age. Was later apprehended. That the weapon was stolen. We accept the district court's findings of fact unless they are clearly erroneous. We are mindful that
498 OPINION/ORDER
Was on brief for appellant.

498 OPINION/ORDER
Circuit Judge: Wayne Tompkins was convicted and sentenced to death for the sexual battery and murder of Lisa DeCarr. Who was the daughter of Tompkins' girlfriend. The facts concerning the crime and the evidence against Tompkins are set out in the Florida Supreme Court's decision affirming on direct appeal his conviction and death sentence. This is Tompkins' appeal from that denial. Was the proper procedural route for permission to appeal. The remaining 25 or so other claims Tompkins had raised in the district court were left out of the certificate of probable cause. The problem is that Tompkins did not even attempt to broaden the certificate of probable cause to cover all those other claims. He could have filed an application in this Court to do that. Is that he did not think it was necessary to do so in view of this Court's Hardwick decision. The district court had mistakenly believed the habeas case before it was governed by AEDPA. Including the requirement that a certificate of appealability specify the issues as to which an appeal is being permitted.
498 OPINION/ORDER
Unpublished opinions are not binding precedent in this circuit. The district court granted summary judgment to Sodoma on the basis that there was no evidence that the failure to provide smoke detectors was the proximate cause of Rodriguez's death. FACTS Rodriguez was a migrant worker who was recruited to leave Florida and work for Sodoma in North Carolina. Sodoma owned and operated barracks that were used to house migrant workers. He and a few other coworkers requested permission to move to other housing since their fellow workers were often intoxicated. Sodoma moved Rodriguez and several of his coworkers to a trailer also operated by Sodoma. 1 The suit was brought by the Administratrix of Rodriguez's estate. We have referred to Rodriguez as the Plaintiff Appellant throughout the case. 2 The trailer had not been inspected as required by the MSAWPA. Both of which were required by law. Seever and Rodriguez were the only individuals home at the time of the fire. Seever testified that he woke up in his bedroom to the heavy smell of smoke and that flames were moving across the ceiling into his bedroom.
498 OPINION/ORDER
Will affirm the District Court's judgment. I. Because we write exclusively for the parties who are familiar with the factual and legal background of this case. Where he was a regular customer. Latinos is a well known
498 OPINION/ORDER
Were indicted on charges of Medicaid and Medicare fraud. The alleged fraud involved billing for services that were not provided (ghost billing). Overstating what services were provided (upcoding). After one of the mail fraud counts was dismissed. A new trial was ordered for all but these two counts. Mitrione was sentenced to a term of 23 months and DeVore to 15 months. Restitution for each was set at $11. We will mention only those that have arguable merit. Are presented in the light most favorable to the verdict. Who was his assistant at the time. CPTs are listed in a book of codes used for medical billing which is published by the American Medical Association. The handbook for physicians provided: The provision of psychiatric services is limited . . . and must be personally provided by the physician who submits charges. Etc. are not reimbursable. Is a
498 OPINION/ORDER
The plaintiffs appeal the dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) of their complaints alleging that the defendants' advertising is responsible for the underage. The plaintiffs in these two cases are parents of minor children. The defendants are domestic manufacturers and importers of alcoholic beverages and the Beer Institute. Plaintiffs allege that the defendants' advertising is responsible for the illegal (underage) purchase of alcoholic beverages by minor children. That plaintiffs' own minor children have been subject to the defendants' advertising campaigns. Have actually purchased any such alcohol. Even though other courts presented with virtually identical claims have done so. Even [if] the parties are prepared to concede it . . . . We have jurisdiction on appeal. 95 (1998) (citations and edits omitted) (stating that there is no
498 OPINION/ORDER
The case is therefore ordered submitted without oral argument. (1) This order and judgment is not binding precedent. Donald Chalupa was charged with violating his supervised release based on (1) his arrest for driving under the influence of alcohol (DUI) and driving with an expired registration. He also contends the district court's written order erroneously added a condition on his sentence that was not included in the oral pronouncement of sentence. Chalupa was placed on supervised release for a period of thirty six months. Chalupa was charged with violations of the terms of his supervised release. Chalupa was again charged with violating the terms of his supervised release. Chalupa admitted to all three allegations but insisted there were legitimate reasons for his failure to report for the drug testings. Finding
475 OPINION/ORDER
Were on brief for appellee. Thurlow was sentenced following a guilty plea to three counts of an eleven count indictment that alleged possession of stolen mail. Thurlow argues that the requirement of total abstinence from alcohol was an unwarranted abuse of discretion. Thurlow comes from a family with an active history of alcohol abuse and his record indicated that substance abuse was and continued to be a serious problem for him. To the extent that such conditions are reasonably related to (1) the nature and circumstances of the offense and the history and characteristics of the defendant. Condition requiring that defendant abstain from alcohol use where defendant had history of substance abuse and had been involved in alcohol related incidents).2 The decision of the district court to impose the special condition of supervised release is affirmed.3 affirmed 2. The cases cited by Thurlow are not apposite. Prendergast is off the mark. Because in that case there was no evidence that the defendant had a history of alcoholism.
475 OPINION/ORDER
Grogan had only a small window of time during which he was insured under the Social Security system. Grogan does not challenge that this is the appropriate window. We have jurisdiction over this appeal under 42 U.S.C. 405(g) and 42 U.S.C. 1291. Because the agency was required to consider evidence of Grogan's disabilities if they manifested themselves inside his insurance window. The case is therefore ordered submitted without oral argument.
Background The procedural history of this case is unusual. That claim was denied. His claim was denied by the agency initially. Because the agency contended both that Grogan's income was too high and that he had withdrawn his application. The case was remanded to an ALJ for specific determination whether Grogan had been disabled during the critical period from March 1. Grogan was represented by counsel. A vocational expert was available had the ALJ decided that his opinion had been necessary. Grogan had alleged that he was disabled due to a spinal condition.
475 OPINION/ORDER
Appellant Kingsland was involved in an automobile accident with off duty Officer Ramon De Armas of the City of Miami Police Department. Who was driving a yellow Penske rental truck. De Armas was transporting one passenger in his unmarked police vehicle. While De Armas avers that it was Kingsland who ran the red light. Kingsland was not under the influence of alcohol or drugs. Was dizzy. She was disoriented and was
475 OPINION/ORDER
He was arrested a few days later. Counsel shall escape sanctions for this glaring omission only because this court does not have the time to pursue them. 14365 offense in an especially heinous. The Antiterrorism and Effective Death Penatly Act of 1996 (
475 PALL V. MICRON
475 OPINION/ORDER
2006 This matter is before us on Defendant Appellant David Pettigrew's motion for panel rehearing or rehearing en banc. That an upward departure for the defendant's excessive recklessness in committing such an assault is a permissible grounds for a departure under United States Sentencing Guidelines Manual 5K2.0. 1296Ä97 (10th Cir. 2006) to the extent that a Guidelines departure is only warranted when the case falls outside the heartland that each offense Guideline carves out. 2006 is vacated and the attached revised opinion is substituted in its place. Defendant Appellant David Pettigrew was convicted of one count of involuntary manslaughter in violation of 18 U.S.C. 1153 and
1112. He was sentenced to 126 months' imprisonment. Although it is unclear what Mr. Pettigrew was intoxicated. Pettigrew was in the passenger's seat. Pettigrew was in fact the driver. The van was occupied by the four members of the Beasley family Carrie. Law enforcement officers were dispatched to the scene of the accident.
475 OPINION/ORDER
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475 OPINION/ORDER
The case is therefore ordered submitted without oral argument. Appellant Tomas Ponce Garcia was convicted of one count of importation (1) This order and judgment is not binding precedent except under the doctrines of law of the case. Was on duty at the port of entry in Columbus. Explained to another agent that he was traveling to Deming. Ponce Garcia was
475 OPINION/ORDER
Line 4 the spelling of
475 OPINION/ORDER
Circuit Judge: This case implicates the tension between the
475 OPINION/ORDER
Unpublished opinions are not binding precedent in this circuit. Disher was driving in a national park when he was stopped by a park ranger. Disher was taken to a nearby jail. Violation notices were issued that charged him with driving on a suspended license and
475 OPINION/ORDER
He was sentenced to an eight month term of imprisonment. Are not limited to. To the extent that such condition (1) is reasonably related to the factors set forth in section 3553(a)(1). (2) involves no greater deprivation of liberty than is reasonably necessary for the purposes set forth in section 3553(a)(2)(B). (3) is consistent with any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a). We have made clear that the government bears the burden of showing that a discretionary condition of supervised release is appropriate in a given case. We have also explained that the statutory requirement that conditions of supervised release be reasonably related to the factors set out in § 3553(a)(1). (a)(2)(D) does not mean that every condition must be reasonably related to every factor:
475 OPINION/ORDER
Reed found that the front door was locked. The Inn's cash register was open and empty. Clagett was identified as a suspect in the killings. Responding to a citizen call reporting that a man was
475 OPINION/ORDER
Circuit Judge: This case implicates the tension between the
475 OPINION/ORDER
Plaintiff Mark Lasar was involved in a rollover accident. The sanctions were intended to reimburse Lasar for unnecessary expenses and attorney's fees. Were the sanctions. We also must decide whether the settlement of the dispute between Ford and Lasar while these appeals were pending renders them moot. Since Sutter was not a party to the settlement agreement. Steven Lasar was severely injured when he was ejected from his Ford Ranger during a rollover accident. The magistrate judge issued two Although Lasar does not have a personal stake in the outcome of this appeal. The second prevented Ford from telling the jury that Lasar was not wearing his seat belt at the time of the accident. Sutter made two comments during his opening statement that the district court ultimately determined were violations of the pretrial orders. Something else was going on. Lasar was what we call a free floating body. His body was banting about inside the car as it was rolling over. All that is. Is something spinning around like a yo yo on a string.
475 OPINION/ORDER
Unpublished opinions are not binding precedent in this circuit. The district court concluded that the insurance company had both the duty to defend and to indemnify the bar owner and that late notice of suit was not a breach of the policy's conditions. Because the facts to justify indemnification have not yet been established. Giuliani was a regular customer of Beverage Station. Giuliani asserts that he was served alcoholic beverages by the bar's employees and
475 OPINION/ORDER
Randy Lechner was convicted in state court pursuant to his plea of no contest to seconddegree reckless homicide. Is seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Lechner was arrested later that day and taken into custody. After the sentence was imposed. Lechner bears the burden of showing that the Wisconsin Supreme Court rejected his constitutional challenges in a manner that was
475 OPINION/ORDER
White was sentenced to death. (8) whether White's Fifth Amendment right against self incrimination was violated by the introduction at trial of statements made by White during a competency evaluation. (9) whether White was entitled to discovery and an evidentiary hearing in district court. Was believable as an impartial juror was contrary to or an unreasonable application of Supreme Court precedent. Told her that he was not going to his job at Kroger's warehouse. White was intoxicated and wanted to be left alone. He began screaming at his mother after she asked him to quiet down because she was concerned that someone might call the police due to the noise. White was afraid of a confrontation with the police because he was on probation for carrying a concealed weapon and believed that the police had harassed him on prior occasions. While White was struggling with a clip for a gun. Trooper Gross called in the car's license plate number and learned that the car was registered to White and that White did not have driving privileges due to a prior drunk driving conviction.
475 OPINION/ORDER
Arthur Hilts (collectively the Defendants) were convicted of using interstate wires for the purpose of executing a scheme to defraud Canada and the Province of Ontario of excise duties and tax revenues relating to the importation and sale of liquor. No doubt this smuggling operation was spawned to supply a black market for liquor in Canada that had been created when. The store owners were not prosecuted for violations of United States Department of Treasury Regulations which required that they record and report bulk sales of alcohol. 1 4 UNITED STATES v. Border crossings were monitored electronically. Several vehicles that were registered to drivers involved in the scheme failed to stop for a second inspection when requested. ATF agents and Royal Canadian Mounted Police also conducted surveillance of David and Carl Pasquantino and their associates loading liquor in Maryland and unloading it in Canada after it was smuggled through Canadian customs. Marked bottles of liquor were recovered in Canada. The Defendants were indicted.
475 OPINION/ORDER
Was arrested in Faulkner County. Was booked into defendant Faulkner County Detention Facility (
475 DEGRAFF EILEEN M. V. DC
475 OPINION/ORDER
P.C. was on brief. With whom Smith & Duggan LLP was on brief. The MBTA was engaged in $1 billion worth of ongoing capital projects. Federal subsidies often have strings attached. Monies disbursed pursuant to the Transit Act are no exception. The MBTA is subject to the constraints of the Testing Act by reason of its continued application for. We have jurisdiction under 28 U.S.C. 1292(a)(1) (conferring appellate jurisdiction to review interlocutory orders
475 OPINION/ORDER
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475 OPINION/ORDER
Pruden argues that a critical statement he made to law enforcement agents was obtained in violation of his Miranda rights. Because it was given the day after he had been read those rights. The Miranda inquiry here requires us to decide not only whether Pruden knew and understood his rights when they were first read to him. Although some twenty hours passed between the time that Pruden was read his rights (and made of an earlier statement. We conclude that Pruden was clearly aware of his rights. There is no evidence in the record that links this condition to any of the enumerated purposes. The District Court granted Pruden's probation officer the discretion to decide whether Pruden would have to undergo mental health counseling. This was 2 an impermissible delegation of the judicial power: while probation officers may have discretion to decide the details of a defendant's mental health treatment. They may not be given the authority to decide whether or not such treatment will be required. We will therefore vacate this condition on supervised release.
475 OPINION/ORDER
The strongest is his claim that the trial court's 1 DANIEL WILSON. That any error in this regard was harmless. We further conclude that Wilson's remaining claims are without merit. Wilson was drinking at the Empire Tavern. He was driving a black Oldsmobile Cutlass and appeared to be alone. That the car was his. Wilson tried to get DeBolt to go out with him and was
475 01-6131 -- JACKSON V. MULLIN -- 09/16/2002

Circuit Judge.

475 OPINION/ORDER
Novitsky was exiting the vehicle. Novitsky was indicted on one count of being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1) and 924(a)(2). We have jurisdiction pursuant to 28 U.S.C. 1291 and. Novitsky was in fact intoxicated.
475 OPINION/ORDER
He was arrested a few days later. Counsel shall escape sanctions for this glaring omission only because this court does not have the time to pursue them. 14365 offense in an especially heinous. The Antiterrorism and Effective Death Penatly Act of 1996 (
475 OPINION/ORDER
The case is. Was (1) This order and judgment is not binding precedent. Officers from the Tulsa Police Department were dispatched to a specific location in response to an allegation of shots being fired. Morris was arrested for intoxication and being a felon in possession of a firearm and ammunition. A presentence investigation report (PSR) was prepared and submitted to the parties on June 30. It correctly noted that the district court was obligated to sentence Morris to the
475 OPINION/ORDER
Torres Ruiz was arrested after he jumped from a bus as it was traveling on Interstate 15 in Utah. He admitted that he was a native and citizen of Mexico. An INS investigation revealed that he had no applications or petitions pending or approved that would have allowed him to legally enter or remain in the United States. Torres Ruiz was indicted on one count of illegally reentering the United States following deportation. He was convicted in Los Angeles County Superior Court (California) of the felony offense of driving under the influence. The PSR stated that
475 OPINION/ORDER
Published opinion filed 2/19/99 is vacated. She was not issued a firearm until almost one year later. VUU was not responsible for this delay.
475 OPINION/ORDER
A Kentucky resident who was stabbed to death at the
475 98-1140 -- WOLFE V. USAA LIFE INSURANCE CO. -- 02/24/2000

That absent those misrepresentations the policy would not have been issued.
449 00-2318 -- U.S. V. WHITE -- 03/27/2001

Robert Emerson White was sentenced to six months in the custody of the Bureau of Prisons followed by a two year term of supervised release. Contending not one is reasonably related to protecting the public or achieving his rehabilitation. White selected the mode of delivery and was assured the seller was not involved in a sting operation. White was again discovered drinking alcohol. White to six months in custody followed by two years of supervised release with five special conditions.
449 OPINION/ORDER
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449 OPINION/ORDER
Was denied parole based on what he claims are erroneous factual determinations about his past drug and alcohol abuse. If Adams were attacking the validity of his confinement. Adams is requesting corrections to his parole record. It is evident that Adams cannot prove facts that would entitle him to relief under section 1983. That an inmate does not have a constitutionally protected liberty interest in the possibility of parole. There is reason to question whether a prisoner has any other basis for a constitutional claim to correct information in a parole file.
449 OPINION/ORDER
This disposition is not citable as precedent. It is a public record. Because the Board's decision is supported by substantial evidence. Concluded that the charge was supported by the evidence. We have jurisdiction to review a final order or decision of the Board under 5 U.S.C. § 7703(b)(1). DISCUSSION The scope of judicial review of Board decisions is narrowly defined and limited by statute. Whether the Board erred when it affirmed the administrative judge's determination that the decision to demote Compton was not excessive or contrary to the interest of the agency. Compton asserts that the administrative judge's exclusion of his evidence pertaining to the reliability and validity of breathalyzer testing was in violation of the law and an abuse of discretion because the evidence excluded was relevant to the question of whether Compton was
449 OPINION/ORDER
With her on the briefs was A. With her on the brief were Jeffrey A. The panel majority reasoned that even when the police have probable cause to arrest a suspect. Concluding this case is controlled by Rawlings v. We now affirm the order of the district court and hold the search of Powell's car was conducted incident to Powell's arrest. We go on to consider whether the officers had reason to believe Powell was a
449 OPINION/ORDER
We consider the appeals of two defendants who were convicted after a jury trial. Both defendants seek re sentencing on the ground that their sentences were determined in a manner that violated the Sixth Amendment. The F Key is necessary. Franklin promised Stinson a share in the proceeds of ATM robberies he was then contemplating. Stinson and Franklin devised what they believed was an ideal truck robbery. The two determined that the ATM was in a secluded area. In it were Timothy Leake. After the robbery was complete. Sheets of paper on which Stinson and Clarke's names and phone numbers were written. Which was reluctant. This concerned Wright and he asked his friend what was on his mind. Clarke then confided in Wright that he was afraid the
449 OPINION/ORDER
449 OPINION/ORDER
His blood alcohol content was later measured at 0.17 percent nearly twice the legal limit in Montana. These efforts were to no avail. That car was driven by Marcus Sooktis. Semsak was indicted for involuntary manslaughter and pled guilty after striking a plea bargain.1 In calculating the CrimiFederal courts have exclusive jurisdiction over cases involving involuntary manslaughter where the conduct occurs in Indian country. The first question is our standard of review. Section 401(d) of the PROTECT Act now requires that we review de novo whether the district court's departure was based on proper factors. Like several other circuits we decline to decide whether the PROTECT Act applies to appeals such as Semsak's that were pending on the date of its enactment. We must determine whether the bases for departure were already taken into account by the offense guideline. The district court determined that Semsak's conduct was reckless and set the base offense level at 14. Or safety was significantly endangered.
449 OPINION/ORDER
Marrow Bone argues that the length of his sentence is unreasonable relative to the seriousness of his violations. He was sentenced to 48 months of imprisonment followed by three years of supervised release. Marrow Bone was released from custody and began his term of supervised release. He was required to notify his probation officer within 72 hours if he were arrested. To refrain from consuming any alcoholic beverage or frequenting an establishment whose primary business was the sale of alcoholic beverages. An initial blood test on the scene indicated that Marrow Bone's blood alcohol level was .140. A subsequent test indicated that the level was .167. The allegation concerning Marrow Bone's failure to notify his probation officer within 72 hours of his arrest was dismissed. Marrow Bone concedes that he violated his supervised release and is subject to imprisonment. He asserts that the district court erred in sentencing him to a prison term longer than that recommended by § 7B1.4 of the United States Sentencing Guidelines and that the sentence was excessive in comparison to his conduct.
449 OPINION/ORDER
Because we find that the sentence is both procedurally and substantively reasonable. Local police officers were called to the scene.
449 HEARN V. BD. OF PUB. EDUC. (10/6/1999, NO. 98-8390)

Senior Circuit Judge:

Sherry Hearn was terminated from her position as a high school teacher for refusing to take a drug test after marijuana was allegedly found in her car in the school's parking lot. We affirm.

I.

Sherry Hearn was a teacher in Savannah for many years. She was employed under a contract which required that she abide by the policies of the Board of Education of Chatham County (Board).

In 1992. The policy is intended to

449 DUREN V. HOPPER (11/20/1998, NO. 97-6650)

On their date they were planning to visit some haunted houses in the Birmingham area sponsored by a local radio station. Apparently believing both teenagers were dead. Kinder and Duren were apprehended shortly thereafter in nearby Huffman. Before the sentence was actually imposed. Learned that his deceased wife was a fifth cousin of the defendant Duren. The case was transferred to Judge James Garrett.

At the sentencing. On the ground that the record was insufficient to conduct an adequate proportionality review of the sentence. Duren's petition for writ of certiorari was denied by the United States Supreme Court on October 13. The Rule 20 court concluded that the majority of defendant's claims were procedurally barred and denied the ineffective assistance of counsel claim on the merits. Duren v. Duren contends (A) that he was denied the effective assistance of counsel because he presented an invalid defense. Duren asserts that he was denied the effective assistance of counsel: (B) because he failed to present mitigating evidence of alcohol and drug abuse.

449 OPINION/ORDER
Was employed by the County as a Probation Enforcement Officer from March 6. When he was 2 terminated. THE ADA CLAIM The district court determined that Smith had failed to establish a prima facie case under the ADA because he was not a
449 00-6136 -- CUREN V. MCCLAIN COUNTY BOARD OF COUNTY COMMISSIONERS -- 01/23/2001

The case is therefore ordered submitted without oral argument.

Plaintiff Charlotte Van Curen brought this civil rights action in the district court on behalf of the estate of her son. Was arrested on June 20. He was removed from the ceiling. Britton stated that he was an alcoholic and sheriff's employees Heather Williams and Tony Johnson noted that he was paranoid and agitated. Britton was then placed in a padded cell next to the dispatcher/booking office so that he could receive special surveillance. He was withdrawn and almost incoherent. He was disoriented and hallucinatory. Britton was observed with his jumpsuit

449 OPINION/ORDER
Where he was a professional truck driver. Meadows came upon a Ford Explorer that was driven by then off duty Trooper Thomas. Whom Thomas claims was tailgating him. He was met by profanity from Meadows. Meadows stated that he did not have to comply. That he was going to call the KSP post to complain about Thomas's driving. Meadows claims that he informed Thomas that he was going to the gas station located 200 feet down the road. Where he was to call the KSP. He did not have enough change to place a call. After Meadows was unable to promptly produce the items and because Meadows appeared confused. There was a spotlight in his eyes as he was exiting the vehicle. Thomas advised Meadows that he was under arrest for DUI and requested that Meadows move to the rear of his truck. Meadows was asked to perform field sobriety tests. Meadows alleges that he asked Thomas to give him a Breathalyzer test and that Thomas stated that he was not equipped to give the test. Thomas was under the belief that Meadows was under the influence of some other intoxicant.
449 02-6026 -- HAMM V. SAFFLE -- 08/21/2002

We conclude that Hamm's petition is procedurally barred. Dismiss.

449 OPINION/ORDER
Unpublished opinions are not binding precedent in this circuit. The district court granted summary judgment to an ERISA plan after it was sued by the beneficiary of a life insurance policy because the plan excluded coverage due to the decedent's intoxication at the time of death. Finding the exclusion was proper. His autopsy report stated that the cause of death was
449 DUREN V. HOPPER (11/20/1998, NO. 97-6650)

On their date they were planning to visit some haunted houses in the Birmingham area sponsored by a local radio station. Apparently believing both teenagers were dead. Kinder and Duren were apprehended shortly thereafter in nearby Huffman. Before the sentence was actually imposed. Learned that his deceased wife was a fifth cousin of the defendant Duren. The case was transferred to Judge James Garrett.

At the sentencing. On the ground that the record was insufficient to conduct an adequate proportionality review of the sentence. Duren's petition for writ of certiorari was denied by the United States Supreme Court on October 13. The Rule 20 court concluded that the majority of defendant's claims were procedurally barred and denied the ineffective assistance of counsel claim on the merits. Duren v. Duren contends (A) that he was denied the effective assistance of counsel because he presented an invalid defense. Duren asserts that he was denied the effective assistance of counsel: (B) because he failed to present mitigating evidence of alcohol and drug abuse.

449 GILREATH V. HEAD (12/1/2000, NO. 97-8500)

Was convicted of two murders and sentenced to death by a Georgia court.
449 OPINION/ORDER
The plaintiff contests the denial of social security disability benefits that she sought because she is manic depressive (
449 OPINION/ORDER
449 OPINION/ORDER
The facility is intended for longer stays. While they are there. Lakeside1 was negotiating to sell a resort property to Greenway. Drug and Plaintiffs/appellants are members of the Gawron family and the various entities they own or control. A mistrial was declared after Lakeside had presented most of its testimony. The District Court decided sua sponte to reconsider its Title VIII of the Civil Rights Act of 1968 is called the Fair Housing Act. The other claim was under the Americans with Disabilities Act (ADA). 4 3 2 denial of the Board's motion for judgment as a matter of law on the FHAA claim. We have appellate jurisdiction under 28 U.S.C. § 1291. Our review is plenary. This issue was not briefed to us. So it is waived. The Fair Housing Act proscribes discrimination in the sale of a dwelling due to a handicap5 of those who are to reside in the dwelling after the sale. 42 U.S.C. § 3604(f)(1).6 A We note that at least two other courts have held that recovering alcoholics and drug addicts are handicapped.
449 OPINION/ORDER
The survey itself was designed to be voluntary and anonymous. Survey results were designed to be and actually were released only in the aggregate with no identifying information. We will affirm. The Parties Plaintiffs are Carol Nunn. We will refer to the student Plaintiffs as
449 OPINION/ORDER
The government argues that the district court erred in awarding a two level reduction for acceptance of responsibility and that the downward variance from the advisory guideline range was substantively unreasonable. Were going to spend the weekend. The car was traveling on Houchins Ferry Road. Who was in the front passenger seat. Who was in the back. Were killed by the impact. Was transported to a hospital. The toxicology report indicated that Kathman's blood alcohol content was .071 when he arrived at the hospital. It was estimated that his blood alcohol content at the time of the accident was between .097 and .133. Which would have been over the legal limit of .08. The trooper determined that Kathman was traveling between 43.5 and 46.9 miles per hour (or an average of 45 miles per hour) on a road with a posted speed limit of 35 miles per hour. His parents related that he had told them that he was not driving. The prosecutor retained an expert to determine who was driving. A civil suit was filed against Kathman.
449 OPINION/ORDER
We are asked to review the district court's grant of summary judgment in favor of individual and municipal defendants in a suit brought pursuant 42 U.S.C. § 1983 and Pennsylvania's Wrongful Death and Survival statutes. We will affirm. 2 I. Was arrested by local police after attempting to burglarize a private residence in Ellwood City. Police took Woloszyn to the Lawrence County Correctional Facility (
449 OPINION/ORDER
His applications were denied initially and on reconsideration. A hearing before an administrative law judge (ALJ) was held in November 1994. Newton was 37 years old at the time. Were not highly technical in nature. Stated he was fired because of an eye injury. Which is in the borderline range of mental deficiency. That his reading and arithmetic abilities were at a second grade level. He also alleged difficulties with counting Near the and making change and claimed to have trouble remembering things. end of the hearing. Several medical reports were also introduced into evidence. Stephen Newton was easily able to recall his date of birth. Singley concluded that Newton might have dyslexia and was
449 OPINION/ORDER
Ineffective assistance of counsel at the guilt and penalty phases are the predominant ones. He also asserts that (4) the 1978 California death penalty statute under which he was convicted and sentenced is unconstitutional. We agree with the courts that have already reviewed this case that. Regardless of whether the performance of Mayfield's counsel at the guilt phase was deficient. We hold that the performance of Mayfield's counsel at the penalty phase was deficient and that Mayfield suffered prejudice as a result. The state court shall conduct a new sentencing proceeding to determine whether Mayfield is to be sentenced to death or to life without parole. The car was repossessed because of delinquent payments. Byron was in possession of the car for only three days before it disappeared from the Popes' driveway. Mayfield and two of his friends were arrested in the car a day later. Mayfield pled guilty to one count of unlawful taking of a vehicle and was released pending a sentencing hearing. He was told that he would be sentenced to one year in jail.
449 OPINION/ORDER
Unpublished opinions are not binding precedent in this circuit. Concluding that there were no meritorious issues for appeal. The motion was based on insufficient evidence.
449 ROE V. CHEYENNE MOUNTAIN CONFERENCE RESORT, INC.

I Plaintiff appellant Jane Roe (a pseudonym used for purposes of privacy) is an accounts manager for the defendant appellee Cheyenne Mountain Conference Resort (hereinafter CMCR or simply defendant). Is used extensively by major corporations. Were given copies of the Policy and told that their (1) Honorable Joseph F. Sitting by designation. written consent to the Policy and their adherence to its requirements were mandatory for their continued employment. Drugs and illegal substances are the policy of CMCR. Adherence to these rules is a condition of employment: 1. Employees are strictly prohibited from possessing. Employees are strictly prohibited from possessing. Any prescribed or over the counter drug or medication that has been illegally obtained or is being used in an improper manner. 3. In CMCR vehicles or on CMCR property or to the property to which they have been assigned in the course of their employment. Prescribed drugs may be used only to the extent that they have been reported and approved by an employee supervisor and that they can be taken by the employee without risk of sensory impairment and/or injury to any person or employee.
449 OPINION/ORDER
Believed that the medically appropriate course of treatment was to prescribe him the new regimen of hepatitis C medication. Taken most favorably to the plaintiff ­ are as follows. Is an inmate in the custody of the New York State Department of Corrections (
449 OPINION/ORDER
Was drug tested and subsequently terminated when his specimen tested positive for marijuana metabolites. We find that there is sufficient evidence to create a genuine issue of material fact: the motivations for requiring Based on Robert Landon to take a drug test on the night of March 2. A reasonable juror could find that Northwest's business reason for requiring Landon to take the drug test was pretextual. A jury must determine whether the proffered reason was a pretext for racial discrimination. invasion of privacy. Summary judgment was inappropriate with respect to Landon's claims of racial discrimination and We reverse the district court's dismissal of those two claims and remand them for trial. Is an African American male hired by appellee. Cleaned NWA Landon was employed pursuant to a bargaining agreement between NWA and the International Association of Machinists. Landon was unloading a NWA airplane using a conveyer belt machine. handle. Because the accident was his third of the year. He could expect to have some time off and that he would be required to take a drug and alcohol test.
449 OPINION/ORDER
We conclude that the record supports the Town's claim that the ordinances are 2 No. 03 1428 not an attempt to regulate the expressive content of nude dancing. That the Town had a reasonable basis for believing that the ordinances will reduce the undesirable
449 97-2313B -- BENAVIDEZ V. U.S. -- 05/20/1999

Circuit Judges.

449 97-2313 -- BENAVIDEZ V. U.S. -- 05/20/1999

We have jurisdiction pursuant to 28 U.S.C.
449 OPINION/ORDER
While Harris was on the phone. Although safety is iffy. Urine were submitted for a toxicology report. The report showed that Jones was under the influence of alcohol and cocaine when he died. The toxicology report was not sent to the prosecution nor disclosed to the Defendant. The Defendant's attorney said that he failed to obtain the toxicology report and that the failure was
449 OPINION/ORDER
Facts The facts are taken verbatim from the opinion of the Alabama Court of Criminal Appeals on Williams's direct appeal. A 1981 dark blue Oldsmobile Regency automobile was stolen from a motel parking lot in Birmingham. In the trunk of this vehicle was. A dark blue car arrived at the Smithfield housing project in Birmingham later that same evening and the appellant was identified as the sole occupant. John Robert Kirk was on his way home from work. The appellant and two men were traveling south on Interstate 59 in the stolen Oldsmobile. The victim's body was left at the site of the shooting. His money and vehicle were taken. Several witnesses identified the appellant as the driver of a red `camper truck' which was parked at the Smithfield housing project. They were also informed that he was staying at an apartment in the housing project. That he was an escapee from the supervised intensive restitution (SIR) program. After verifying that the appellant had indeed escaped from the SIR program and that a warrant was still outstanding.
449 GILREATH V. HEAD (12/1/2000, NO. 97-8500)

Was convicted of two murders and sentenced to death by a Georgia court.
449 OPINION/ORDER
This issue is one of first impression in our circuit. It is an issue of first impression UNITED STATES v. It is squarely presented.2 Facts Scott was arrested for drug possession crimes under state law and released on his own recognizance. Among the conditions of his release was consent to
449 OPINION/ORDER
Circuit Judge: James Callahan was convicted and sentenced to death in Alabama state court for the intentional murder of Rebecca Suzanne Howell. Which was granted in part and denied in part. (3) his statements should not have been admitted because they were involuntary and obtained in violation of the right to counsel. Callahan did not argue to this Court that his statements should not have been admitted because they were involuntary and obtained in violation of the right to counsel. There have been two trials. It is necessary for us to review the entire history of the case. At the club where he was performing with his band in Jacksonville. Was a student at Jacksonville State University. Howell was supposed to return to the club. Howell was found dead of asphyxiation in the Tallasseehatchee Creek in Calhoun County. Alabama her hands were taped together. Her belt was on upside down. She was not wearing pantyhose. Jimmy Dunagan was in his car outside of a washerteria six or seven blocks from the Norge Washerteria.
449 OATS V. SINGLETARY (5/19/1998, NO. 96-3725)

Was killed during a robbery of the store. The cause of her death was a single bullet fired from approximately one foot away that penetrated her right eye and her brain. Donnie Williams was arrested as a suspect in the high speed chase. Oats was arrested as a suspect in the high speed chase and given Miranda warnings. The firearm was later discovered on the roadside near the location described by Oats.

In his interview with the police. Ballistics tests conducted on the gun recovered from the roadside established that it was the same weapon used in both the ABC liquor store and Jeanette Dyer shootings.

Oats was indicted on two counts for robbery and first degree murder. Oats was also charged separately in another case for the robbery and attempted murder at the ABC liquor store that occurred on December 19. Oats was examined. All of whom reported to the court and to Oats' counsel that Oats was sane at the time of the offenses and competent to stand trial.

449 HEARN V. BD. OF PUB. EDUC. (10/6/1999, NO. 98-8390)

Senior Circuit Judge:

Sherry Hearn was terminated from her position as a high school teacher for refusing to take a drug test after marijuana was allegedly found in her car in the school's parking lot. We affirm.

I.

Sherry Hearn was a teacher in Savannah for many years. She was employed under a contract which required that she abide by the policies of the Board of Education of Chatham County (Board).

In 1992. The policy is intended to

449 97-1407 -- U.S. V. WHITESKUNK -- 12/16/1998

1153 and 1112(a) and was sentenced to twenty four months imprisonment. Was driving a pickup truck at a rate of seventy eight miles per hour eastbound on Highway 172 within the boundaries of the Southern Ute Indian Reservation near Ignacio. Was riding a motorcycle westbound on Highway 172 traveling about fifty five miles per hour. This was not the first time Ms. The offense was not included in her criminal history because it occurred more than ten years earlier.

The district court found several other events on the day of the accident made the case unusual. Whiteskunk was sitting in her truck. She was approached by a Southern Ute police officer who. Took her keys and told her she was not going to drink and drive. Was refused service because she looked

449 OATS V. SINGLETARY (5/19/1998, NO. 96-3725)

Was killed during a robbery of the store. The cause of her death was a single bullet fired from approximately one foot away that penetrated her right eye and her brain. Donnie Williams was arrested as a suspect in the high speed chase. Oats was arrested as a suspect in the high speed chase and given Miranda warnings. The firearm was later discovered on the roadside near the location described by Oats.

In his interview with the police. Ballistics tests conducted on the gun recovered from the roadside established that it was the same weapon used in both the ABC liquor store and Jeanette Dyer shootings.

Oats was indicted on two counts for robbery and first degree murder. Oats was also charged separately in another case for the robbery and attempted murder at the ABC liquor store that occurred on December 19. Oats was examined. All of whom reported to the court and to Oats' counsel that Oats was sane at the time of the offenses and competent to stand trial.

449 OPINION/ORDER
Freeman contends that the Commissioner's determination that he was not disabled during the relevant period is not supported by substantial evidence and that the ALJ hearing his case failed to develop the record by having Freeman's IQ tested. United States District Judge for the District of Minnesota. 1 Freeman is currently receiving SSI disability benefits based on a determination of disability for low intellectual functioning. Freeman was born on September 11. The ALJ initially found that because Freeman was actively involved in drug dealing. He was engaged in
449 OPINION/ORDER
United States District Judge for the District of North Dakota. 2. that he is no longer entitled to Social Security benefits based on disability because alcoholism is a contributing factor material to the determination of his disability. The ALJ found that Mittelstedt is unable to do his past work. The ALJ found that Mittelstedt retained transferable skills from his past work and that he was. In spite of the fact that alcoholism was found to be a severe impairment. The ALJ wrote:
449 OPINION/ORDER
On their date they were planning to visit some haunted houses in the Birmingham area sponsored by a local radio station. Apparently believing both teenagers were dead. Kinder and Duren were apprehended shortly thereafter in nearby Huffman. Before the sentence was actually imposed. Testified that Bedsole was not immediately killed by the small caliber bullet which penetrated the base of her skull. She was rendered paralyzed from the neck down. Learned that his deceased wife was a fifth cousin of the defendant Duren. The case was transferred to Judge James Garrett. On the ground that the record was insufficient to conduct an adequate proportionality review of the sentence. Duren's petition for writ of certiorari was denied by the United States Supreme Court on October 13. The Rule 20 court concluded that the majority of defendant's claims were procedurally barred and Rule 20 has since been finalized as Rule 32 of the Alabama Rules of Criminal Procedure. 4 2 denied the ineffective assistance of counsel claim on the merits.
449 OPINION/ORDER
On their date they were planning to visit some haunted houses in the Birmingham area sponsored by a local radio station. Apparently believing both teenagers were dead. Kinder and Duren were apprehended shortly thereafter in nearby Huffman. Testified that Bedsole was not immediately killed by the small caliber bullet which penetrated the base of her skull. She was rendered paralyzed from the neck down. Before the sentence was actually imposed. Learned that his deceased wife was a fifth cousin of the defendant Duren. The case was transferred to Judge James Garrett. On the ground that the record was insufficient to conduct an adequate proportionality review of the sentence. Duren's petition for writ of certiorari was denied by the United States 3 Supreme Court on October 13. The Rule 20 court concluded that the majority of defendant's claims were procedurally barred and denied the ineffective assistance of counsel claim on the merits. Duren contends (A) that he was denied the effective assistance of counsel because he presented an invalid defense.
449 OPINION/ORDER
This is a habeas corpus case. The Corvette in which Engesser and Dorothy Finley (Finley) were traveling collided with a van on Interstate 90 between Sturgis and Rapid City. Finley was lodged underneath and in line with the passenger seat. Her feet were underneath the passenger side dash. Finley was pronounced dead at the scene. Engesser was thrown from the car. After examining the scene and receiving an erroneous report from a paramedic that Finely was found in the driver's seat. Engesser was largely incoherent. Trooper Fox ordered blood extracted from Engesser for a BAC test just
449 OPINION/ORDER
Justin Webb was sentenced by the district court1 to 60 months' imprisonment and five years of supervised release. Webb would have fallen within a guidelines range of 46 57 months. The court concluded that the reduction was unavailable because the relevant guidelines provision. Requires that a defendant not have more than one criminal history point. A. Criminal History Points Whether a prior sentence counts for criminal history purposes is a question of federal law. Criminal history points are to be added for
449 OPINION/ORDER
Pettit was not disabled within the meaning of the Social Security Act because his alcoholism was a contributing factor material to the determination of disability. Whether the ALJ's decision is based on legal error. I. The social security regulations provide a five step process to determine whether a claimant is disabled. § 12.09 does not have its own set of requirements. Although generally a claimant who meets the requirements for one of the disorders in the list of impairments is considered disabled without further inquiry. Legislation passed in 1996 precludes a claimant from obtaining disability benefits or supplemental security income if either alcoholism or drug addiction is a
449 OPINION/ORDER
The Secretary delegated this authority to what was then called the Bureau of Alcohol. Because any distinction between the two Bureaus is irrelevant to the disposition of this case. We will use the term
449 OPINION/ORDER
By the time this action was commenced. The exterior appearances of AHM's facilities are somewhat similar. Each is a rectangular building with a simulated tower. The roofs reflect different architectural styles and are constructed of dissimilar materials. Booth seating is located generally on one side of the island or peninsula. Stool seating is located on the other. Numerous television monitors and video games are present. As are pool tables. They are not identical. The menus are extensive. More than 20 types of beer are served on tap. Marketing data indicate that customers dining with their families are AHM's most frequent guests. Inc. was preparing to open a facility in Raleigh named the
449 OPINION/ORDER
Ineffective assistance of counsel at the guilt and penalty phases are the predominant ones. He also asserts that (4) the 1978 California death penalty statute under which he was convicted and sentenced is unconstitutional. We agree with the courts that have already reviewed this case that. Regardless of whether the performance of Mayfield's counsel at the guilt phase was deficient. We hold that the performance of Mayfield's counsel at the penalty phase was deficient and that Mayfield suffered prejudice as a result. The state court shall conduct a new sentencing proceeding to determine whether Mayfield is to be sentenced to death or to life without parole. The car was repossessed because of delinquent payments. Byron was in possession of the car for only three days before it disappeared from the Popes' driveway. Mayfield and two of his friends were arrested in the car a day later. Mayfield pled guilty to one count of unlawful taking of a vehicle and was released pending a sentencing hearing. He was told that he would be sentenced to one year in jail.
449 OPINION/ORDER
With whom Law Offices of Peter John Porrata was on brief for appellant. Were on brief for appellees. Claiming that he was illegally arrested and subjected to excessive force by the defendants. Two Puerto Rico police officers.1 The district court found that the defendants were entitled to qualified immunity on the unlawful arrest claim. Arguing that there was no probable cause to support his warrantless arrest.2 We affirm. Vargas was one of three men who were in a Puerto Rico Aqueducts and Sewers Administration truck that collided with a car driven by Minerva Delgado Gonz lez (
449 OPINION/ORDER
Were on brief for appellee. On the ground that the district court ruling that he attempted to suborn perjury was not supported by the requisite subsidiary findings of fact. Nor were the statements upon which the district court findings were based susceptible to innocent interpretation. As there was no evidence linking alcohol to the crime of conviction. There was abundant justification for imposing the special condition. The appropriateness of the special condition imposed by the district court is beyond question.
449 OPINION/ORDER
Was on brief for appellee. A follow up investigation revealed that 31 of the cards recovered were ones that Phaneuf had reported as stolen the previous year. Correspondence between Phaneuf and 2 various banks was turned over to the United States Secret Service in Boston. He was able to resume use of the credit cards and incur more debt. Phaneuf told Agent Hoelen that he believed the total amount of fraud attributable to his scheme was about $176. A plea hearing was held on December 12. At which time the government stated that the total loss attributable to Phaneuf for sentencing purposes was approximately $175. A second plea hearing was held on December 20. Phaneuf's base offense level was calculated to be six. Was increased by six levels because he was found to be responsible for a loss amount between $100. 000.1 Two more levels were added because the offense involved more than minimal planning. Found that his total adjusted offense level was twelve. Phaneuf's guideline sentencing range was put at 27 to 33 months.
449 OPINION/ORDER
Was on brief for appellee. Morrison does not dispute that the sentence is within the Guideline Sentencing Range (
449 OPINION/ORDER
In fact) was revoked by the District Court. This was an abuse of discretion. The record does not show that they were reasonably necessary to deter the defendant from repeating his sex crime. He was sentenced to five years and three months (63 months) in prison and three years of supervised release. Scott was then sentenced to four months of imprisonment and two years of supervised release. He was sentenced to six months of imprisonment and two years and two months of supervised release. Was presumably taken into account for purposes of computing the defendant's Criminal History Score at the time of the original sentence in 1993. 2 1 supervised release and at least two periodic drug tests thereafter for use of a controlled substance. 2. Sex offender assessment treatment is to be conducted by a therapist approved in advance by the probation office. Or patronize any place where such material or entertainment is available. This discretion is limited by statute. The conditions imposed cannot
449 OPINION/ORDER
Were on brief for appellee Wadalberto Matos Burgos. * Of the District of Maine. It is unclear from the record whether Ayala accused Matos of participating in the beating. Ayala was found innocent on the failure to submit and driving under the influence charges. For a ruling on the three additional claims set forth in Ayala's amended complaint in the event that it did. 3 SUMMARY JUDGMENT SUMMARY JUDGMENT A moving party is entitled to summary judgment if there is no genuine issue of material fact. That party is entitled to judgment as a matter of law. Our review of summary judgments is plenary. Matos was present during the beating and might have participated. Are clearly morally repugnant and might well support a claim for malicious prosecution under Puerto Rican tort law. Ayala's detention was part of a lawful arrest for driving while under the influence of alcohol. Matos is entitled to a judgment as a matter of law on the malicious prosecution claim.
449 OPINION/ORDER
420 OPINION/ORDER
Goings was indicted pursuant to 18 U.S.C. §§ 1112 and 1153 for involuntary manslaughter after he lost control of his vehicle in Indian country. He had a blood alcohol level well above the legal limit and was racing another vehicle on a narrow road. Was released for enrollment in an alcohol treatment program. Goings pled guilty and was sentenced to 41 months' imprisonment. Although this standard is
420 98-6465 -- TRICE V. WARD -- 11/15/1999

Who was 5' 1
420 OPINION/ORDER
The case is therefore ordered submitted without oral argument.
This appeal concerns the district court's authority to revoke probation after the term of probation has expired. He was sentenced on February 18. Crisler was not to possess or consume alcohol. Including that he was not to contact any past employers and that he would be subject to electronic monitoring of his alcohol consumption. The entry on the petition for
420 98-6290 -- MURPHY V. JEFFERSON-PILOT LIFE INSURANCE CO. -- 04/13/1999

The case was removed to federal district court and Jefferson Pilot moved for summary judgment based on omissions or fraudulent statements Dr. Was issued. Murphy became disabled and was unable to perform the substantial and material duties of his profession. Have you within the past 7 years:
  1. Sought medical advice or been medically treated for the use of alcohol or other drugs?
  2. Been advised by a physician to reduce your consumption of alcohol?

.

7. Have you within the past 7 years:

(a) Had a medical consultation ?

(b) Been a patient in a hospital. Or other medical facility?

(c) Had an other diagnostic test?

(d) Been advised to have any diagnostic test. Hospitalization which was not completed?

At the request of Jefferson Pilot.

420 OPINION/ORDER
The District Court denied the troopers' claim that they were entitled to qualified immunity. We will affirm for the following reasons. Because we are reviewing a summary judgment ruling. Green was driving home with his girlfriend Alice McCoy and her two children when he was pulled over for speeding by New Jersey state In the record. We have the benefit of two videotapes which capture many of the events at issue in this litigation. We have relied on the videotapes. Ct. at 1776 (
420 OPINION/ORDER
The Complaint states that Keego Harbor is a small community of approximately 3. The licenses granted to Goose Island by the MLCC were in effect at the time this action was filed. Arthur Nance and David Hofmann).2 The individuals were sued in both their individual and official capacities. Relevant to this appeal are Goose Island's claims that the Defendants violated its rights to due process by way of
420 UNITED STATES V. WATTLETON (7/9/2002, NO. 00-13125)

Circuit Judge:

420 OPINION/ORDER
This is a case under the Americans with Disabilities Act (ADA). Dismissed all claims against the City and amended the complaint to name the State of Ohio as a party defendant. 1 * disabilities while she was participating in a drug and alcohol counseling program administered by Quest and ordered as part of her punishment after she pleaded guilty to operating a vehicle under the influence of alcohol. Rachel Haas (Haas) was operating an all terrain vehicle in Louisville. Haas was hit by a truck and suffered serious injuries. She was hospitalized for several weeks. Her left leg was amputated above the knee. A metal rod was placed in her right arm. She was prescribed pain medication and a course of physical therapy upon her release from the hospital. The factual background is taken from the first amended complaint. The first amended complaint describes her experience as follows: Plaintiff was instructed by a Quest employee upon her arrival to proceed with her luggage to the sixth floor of the building. When she asked where the elevator was located.
420 OPINION/ORDER
LaPlatney argues on appeal that the court violated her constitutional rights in four (1) This order is not binding precedent. The cause is therefore ordered submitted without oral argument.
distinct ways: (1) the exclusion of the federal sentencing guidelines as a demonstrative aid violated her Sixth Amendment right to a fair trial. We have jurisdiction under 28 U.S.C. 1291. Learning that Mills was wanted on federal charges. LaPlatney also was arrested and charged with drug distribution and harboring a wanted person. Both Mills and Casciato were key witnesses at LaPlatney's trial. Ruling that introduction of the guidelines table was neither relevant nor probative. We review merely for plain error if such objection is not explicitly made below. This standard is inapplicable when the defendant fails to argue plain error on appeal. This argument is waived.
420 02-5058 -- U.S. V. CARTER -- 02/25/2003

1291 and AFFIRM.

420 OPINION/ORDER
Was working the 11:00 p.m. to 7:00 a.m. shift. (5/27/05 Hrg. The truck was weaving in its lane and had crossed over the white dividing line between the shoulder and the right lane several times. Showing that it was registered to an Arthur Daugherty. Was 3:23 a.m.2 (Id. at 8. Two people were in the truck: the driver was a white male in his early 70s. The passenger was a black male closer to 30. Trooper Topp approached the vehicle from the driver's side and asked the driver if he was tired or sleepy. The driver responded that he was a
420 OPINION/ORDER
Don William Davis was convicted of capital murder in Arkansas and sentenced to death. His conviction and sentence were affirmed on direct appeal. His petition for postconviction relief in state court was denied. Jane Daniel was found dead in her home from a shot to the back of her head. Several items of jewelry and other property were missing from the home. Davis was charged in an information with capital murder. Davis was declared indigent by the state trial court and pled not guilty and not guilty by reason of mental disease or defect. Arkansas law requires a trial court to suspend proceedings and order an examination when a defendant's mental disease or defect becomes or is likely to become an issue. To examine Davis and to submit a report as to whether there were reasonable grounds to believe that Davis was insane then or at the time of the offense. Jenkins concluded that while there was no evidence that Davis was incompetent or psychotic. There was evidence of residual attention deficit hyperactivity disorder (ADHD).
420 OPINION/ORDER
The district court held that the damages were covered by the policy and granted summary judgment against Allstate. Grimes was insured under a homeowner's insurance policy with Allstate. Allstate filed the instant declaratory judgment suit in federal court seeking a determination that the negligence claims in the wrongful death suit were not covered by the damages provision and. Were excluded under the policy's exclusion for
420 OPINION/ORDER
Denise Thurmond was pulled over for speeding by officers Sandra K. The officers ran a records check of the license plate on Thurmond's car and found that the tags were registered to a different vehicle. Thurmond was also required to submit a urine sample for drug screening. Thurmond was initially charged with
420 OPINION/ORDER
We conclude the district court erred in departing upward based on factors that impermissibly double counted facts that were already taken into account by the guidelines' calculation of the applicable sentencing range or by other departure factors. We need not address whether the upward departure also was contrary to United States v. Resentencing will occur in light of the new discretionary guidelines sentencing regime established by Booker. Who was then twenty one years old. Was drinking with five friends at the base of Sandia Mountain. Wolfe was seriously hurt. Wolfe's blood alcohol level was measured at .13. The legal limit under New Mexico law is .08.
420 GONZALES V. THOMAS

Gonzales was charged by information in the Seventh Judicial District of the State of New Mexico with three counts. The case was tried to a jury. The victim and her young daughter were at the victim's sister's apartment. The victim was babysitting her niece. She discovered he was raping her. The record does not indicate he was ever charged for such a crime. Gonzales's conviction are based on Mr. Given that the New Mexico state trial transcript was forwarded to this court in the form of thirty six audio tapes. She would have been subject to a valid challenge for cause. Who was not the defendant's spouse. By any means whatsoever with intent thereby to wrongfully compel the said person threatened to do or refrain from doing any act against her will. Said threat was to unlawfully injure the person threatened or another. The prospective jurors were told during the course of voir dire that the victim's young daughter and niece also may have been victims. The judge called the attorneys to the bench and explained:
420 OPINION/ORDER
M.J.) affirming the Commissioner of Social Security's conclusion that Morales is not entitled to Disability Insurance Benefits (DIB) or Supplemental Security Income (SSI) under Titles II and IV of the Social Security Act. Because the Commissioner's decision is not supported by substantial evidence. His application was initially denied on September 12. A supplemental administrative hearing was held on April 9. Finding that Morales was not disabled because he could perform his past relevant work at all times after his alleged disability onset date. Was adopted. Morales was born on December 1. When Morales was twenty six years old. He was diagnosed with a Dependent Personality Disorder2 and polysubstance dependence. Indicate that Morales is depressed. There is evidence in the record of Morales's drug and alcohol dependence. Morales was incarcerated from 1989 to 1990 after a conviction for threatening a police officer. He was examined by a slew of psychologists and psychiatrists. He was first referred to Luis Bird.
420 OPINION/ORDER
Alvin Vonner was charged with and later pled guilty to distributing cocaine. That it is unreasonable. A Presentence Report was prepared and disclosed to the parties on March 22. A revised version of the Report was subsequently disclosed on June 21. The defense filed a notice of no objection to the Report.1 Sentencing was delayed in anticipation of the Supreme Court's ruling in Booker. The record indicates that Vonner was the fourth of his mother's ten children. Vonner was caught shoplifting underwear. Vonner's mother was also a heavy drinker who failed to supervise her children properly. Vonner was twice placed in foster care. He was first placed in foster care at the age of four when his mother stabbed a boyfriend in the chest and then absconded to avoid arrest. Vonner was again placed in foster care from ages seven to eight after the police received information that Vonner and his siblings were being left alone in the home for extended periods of time. Vonner's father was intermittently present in Vonner's life.
420 OPINION/ORDER
Bragging that he
420 OPINION/ORDER
A pick up truck driven by appellant was following Clarence Davis&s eastbound vehicle on North Dakota State Highway 5. Appellant was speeding up and then slowing down. He was blinking the truck&s lights on and off. Reopelle testified that she was driving in the westbound lane when headlights were turned on directly in front of her
420 OPINION/ORDER
Dismiss the appeal. 28 U.S.C. 2253(c)(2). (1) This order is not binding precedent. Wagner were transported to the hospital where Mr. Anderson was driving without his lights on and that he had crossed the center line several times before the collision. Anderson and he was eventually charged with violating a number of Kansas statutes. Anderson argued that the sample should be excluded because it was taken without consent and prior to his arrest. The appellate court held that the blood test was admissible under Schmerber v. Anderson was driving under the influence of alcohol. The test was performed in a reasonable manner. A COA will issue
420 OPINION/ORDER
Plaintiff McReynolds brought suit under 42 U.S.C. 1983 alleging that he was deprived of a liberty interest without due process of law when he was not allowed to purchase liquor from a state run liquor store. Was refused service because a companion lacked proof that he also was not a minor. On several alternative grounds: (1) there is no state created liberty interest in the purchase of liquor on which to premise a due process claim. Its isolated and temporary deprivation here (the momentary inability to purchase liquor from a particular store) was too minimal to warrant constitutional redress. The relevant legal principles were not clearly established and. Defendant Hansen was entitled to qualified immunity in any event. The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. R. 32.1. (1) Plaintiff's appeal was premature in light of the claims pending against the rest of the defendants. Our disposition of the appeal involving the Hansen judgment is conclusive as to the entire case.
In Utah.
420 OPINION/ORDER
With her on the briefs were Daniel R. With him on the brief were Frank W. Alfano were on the brief for intervenor Petroleum Marketers Association of America. The ATA claims that the amended regula tions are contrary to law. Are arbitrary and capricious. Were adopted without adequate consideration of comments. TUFS claims that the rule is invalid because it fails to discharge all the duties assigned the agency by the governing statute. Too much of its methodology was stated in its Safety Fitness Rating Methodology (
420 OPINION/ORDER
I. Boyd met Hartman in November 1978 while the two were employed by the same company. Boyd was not supportive of this 1 Boyd named James B. Where Boyd was then incarcerated. We refer to Respondents as
420 OPINION/ORDER
We have jurisdiction pursuant to 28 U.S.C. § 1291. An investigation that mushroomed into a sexual abuse
420 OPINION/ORDER
Who was alone in the truck. Was asleep. The fire was severe. As the interior of the cab was incinerated and Jenkins suffered burns to 20 percent of his body. Chrysler (which is how we will refer to the defendants) removed the case to federal court. Jenkins alleged both that the product was defective and that Chrysler failed to warn consumers of a potential problem. He contended that the fire was caused by defective transmission
420 OPINION/ORDER
Bowling was convicted in state court of murdering Tina and Eddie Earley and sentenced to death. His conviction and death sentence were affirmed by Kentucky courts on direct appeal and in post conviction proceedings. He contends that he was denied proper jury instructions. Given a sentence that was constitutionally disproportionate. Eddie and Tina Earley were shot to death in their automobile in a parking lot outside a Lexington dry cleaning establishment. Parker No. 01 5832 year old son Christopher was also shot. The police determined that the Earleys' car must have been hit by a 1981 light blue Chevrolet Malibu. They also determined that a 1981 Malibu was registered in the county to Bowling. They pursued several theories of who could have murdered the Earleys. Were worried because they had not seen Bowling. Who was affectionately known as T.C. Was not there. Bowling was represented at trial by three attorneys: Baldani. The court's stated goal in voir dire was to qualify forty four of the ninety nine pooled jurors.
420 OPINION/ORDER
The applicable guideline range was 135 to 168 months of imprisonment. Was placed in a community facility in Rapid City. He was transferred to another facility for poor attendance and lack of participation in sex offender treatment. He was terminated from the second facility for falling asleep during treatment sessions and for inappropriate conduct with female clients. His supervised release was revoked on June 1. He was sentenced to 12 months in custody followed by 30 months of supervised release. Red Feather was placed again in the Rapid City community facility. He then was admitted to another sex offender treatment program outside the Rapid City facility. He was terminated from the program. The district court2 determined the applicable revocation range was 5 to 11 months. The district judge explained his decision as follows: The Court is to consider the sentencing range. The Court finds that the sentence to be imposed is necessary to further the goals of deterrence. The Court is not convinced that the defendant has rehabilitated nor can he be rehabilitated under the existence of supervised release if reinstituted.
420 WATERS V. THOMAS

This document was created from RTF source by rtftohtml version 2.7.5 > Waters v. As he was leaving the scene. Other details of the crime and the overwhelming evidence of Waters' guilt are set out in the opinion of the Georgia Supreme Court. Which was denied after an evidentiary hearing. Certiorari was denied. Which the district court denied in an extensive order.<p> A panel of this Court affirmed the denial of habeas corpus relief insofar as the convictions were concerned. The panel was unanimous in affirming the denial of guilt stage relief. Chief Judge Tjoflat dissented from the panel majority's holding that Waters was due sentence stage relief on ineffective assistance grounds. We agree with the panel's holding that Waters' guilt stage ineffective assistance of counsel claims are due to be denied because the evidence of guilt was so overwhelming that Waters cannot show prejudice from any of the claimed shortcomings of his counsel at the guilt stage. <i>Id.</i> at 1490. The panel nonetheless expressed an opinion that the guilt stage ineffective assistance claims </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/04/99-2236.htm">99-2236 -- SANCHEZ V. APFEL -- 04/13/2000<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff Jose D. We have jurisdiction pursuant to 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan95/94-8009.html">JAQUES V. KENDRICK<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Jaques v. Alleging that Lufran was negligent in selling beer to Scott Lever. Was therefore liable to Joseph Jaques for injuries resulting from an automobile collision between Jaques and James Kendrick. Kendrick was driving his vehicle. Hill was driving his vehicle. The group planned to attend a party that was purportedly taking place somewhere around Lake Strom Thurmond. Which is owned and operated by defendant Lufran. Who was a passenger in the Perryman vehicle. Was seriously injured in the accident. Kendrick was charged with passing in a no passing zone and driving while under the influence of alcohol.<p> II. Summary judgment is appropriate when there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. Knowing that such person will soon be driving a motor vehicle. Or serving is the proximate cause of such injury or damage.<p> <p> O.C.G.A. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/03/964187P.pdf">OPINION/ORDER</A><BR> We note that our review is for plain error. The error is clear under current law. We reject Bongiorno&s argument that the imposition of the six year term of supervised release was plainly erroneous. 998 (8th Cir. 1991) (per curiam) (supervised release term is plainly erroneous when it is imposed in violation of law). Although the minimum term under section 841(b)(1)(C) is the same as the maximum term under section 3583(b)(2). We disagree with Bongiorno that the six year term was illegal. The Anti Drug Abuse Act of 1986 under which Bongiorno was sentenced amended section 3583(b) by adding the caveat </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E4F3F3436F36330688256A6B005C1A92/$file/9935555.pdf?openelement">OPINION/ORDER</A><BR> Massanari is substituted for Kenneth S. Is a fifty year old former sawmill laborer who left school after the eighth grade. 1 Edlund was examined by a series of doctors following an initial knee injury and subsequent complaints of hip and lower back pain. Edlund was treated several times for a fractured rib. For which he was given various pain medications. There was little objective evidence of physical abnormalities or damage. Nor was there any evidence of Edlund's inability to work. Edlund was probably suffering from a herni 1 From 1986 until 1993. Christiansen stated that Edlund was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D8132BD780664EE188256AD40078DAA2/$file/9999024.pdf?openelement">OPINION/ORDER</A><BR> The district court granted relief on Ainsworth's claim that defense counsel was ineffective for failure to investigate and present mitigation evidence at the penalty phase. Because we conclude that Ainsworth's constitutional right to effective assistance of counsel was violated. We do not consider the additional issue raised in the State's appeal or those issues raised in Ainsworth's cross appeal as all four issues relate to the penalty phase trial and there is no indication those issues would arise again in a new penalty phase trial. Seng </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/08/033493P.pdf">OPINION/ORDER</A><BR> Radloff after an unidentified caller told the Oelwein Police Department that juveniles were consuming alcohol at that address. Which was visible from the street. Who was in his bedroom. Officer Wilkinson arrived at the home and gathered together juveniles who were attempting to leave. Radloff that the police would contact him if any charges were filed against him. Stated that the juvenile was not inside the home. Radloff were eventually dropped except the charge of supplying alcohol to minors. Only the question of whether Officers Paul and Wilkinson used excessive force was submitted to the jury. Summary judgment is proper when. No genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. (2) demonstrate that the alleged right is clearly established. (3) raise a genuine issue of fact as to whether the government official knew or should have known that his alleged conduct violated this clearly established right. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/11/041337P.pdf">OPINION/ORDER</A><BR> He then told the officers that he was going to plead guilty in the Kansas case and was therefore willing to confess to the kidnapping. Murder of the victim (who was later identified as Ms. Although he was skeptical of Mr. Tarpley and Howard to the crime scene and to the place where he claimed to have discarded the victim's undergarments and jaw bone. The victim's remains were not recoverable. Who he said he thought was a prostitute. (3) that the victim was particularly vulnerable due to her youthful age of sixteen years. Purkey had previously been convicted of an offense resulting in the death of a person for which a sentence of life imprisonment was authorized by statute. Purkey's primary argument on appeal is that the district court erred in denying his motion to suppress his multiple confessions to the kidnapping. He argues that the district court should have suppressed his statements to Messrs. Tarpley and Howard because the statements were involuntary and therefore obtained in violation of the fifth amendment to the Constitution. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3520.PDF">OPINION/ORDER</A><BR> Suspecting that Wimbush may have been involved in a shooting. Also contends that his sentence was too severe. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/014207.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Joseph Devon Hill (Hill) and Emma Renee Wright (Wright) were walking on Castle Street in Wilmington. The area was well lit by both street and porch lights. Who was dressed in a light gray pullover and black jeans. When Hill told Melvin that he did not have any money. Hill observed that the white Chevrolet Caprice was occupied by four males. Melvin was not breathing heavily during the encounter.1 Meanwhile. Wilmington Police Officer Charles Niforos (Officer Niforos) was dispatched in his marked patrol car to the area of Seventh and Queen Streets in reference to a report of a stolen license plate. As Officer Niforos was traveling northbound on Seventh Street. Which was moving at a high rate of speed. Hill and Wright saw the white Chevrolet Caprice that was used as the getaway car approaching them. Hill told Officer Niforos that the car was connected to the attempted robbery. Who was also on patrol. The white Chevrolet Caprice was parked with the engine running and had three black male occupants. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0EBD0FE6A244466588256E5A00707C99/$file/9735781.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. § 1291. An investigation that mushroomed into a sexual abuse </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/034921.U.pdf">OPINION/ORDER</A><BR> COLEMAN Unpublished opinions are not binding precedent in this circuit. Reserving the right to appeal the district court's order denying his motion to suppress the evidence seized when he was arrested. Officer Gregory Monahan of the United States Park Police was patrolling the George Washington Parkway in Northern Virginia when he stopped a car with a cracked windshield. Because his carotid artery was pulsating. Monahan concluded it was a liquor bottle. Coleman complied but was verbally abusive. Following the denial of his motion to suppress the evidence seized when he was arrested. The other count was dismissed. Evidence seized in violation of the Fourth Amendment is generally inadmissible. We find that the evidence was admissible. An arresting officer must have probable cause to believe that the person arrested committed an offense. Probable cause for a warrantless arrest is defined as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/054997p.pdf">OPINION/ORDER</A><BR> 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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/70357705C94051F788256F0000589FCF/$file/0335303.pdf?openelement">OPINION/ORDER</A><BR> Whitman is employed by the FAA as an air traffic assistant at the Anchorage Air Route Traffic Control Center. Alleging that its drug and alcohol testing program </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-60201.0.wpd.pdf">OPINION/ORDER</A><BR> The court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. FACTUAL AND PROCEDURAL HISTORY Roger Creger is the sole owner of Future Energy. The policy was purchased through the Association for Independent Managers and lists the Association for Independent Managers. Future Energy was to offer advice on how maintenance should be performed and Entergy employees were to perform the Section II of the policy explains who is considered an insured. If you are designated in the Declarations as: a. You and your spouse are insureds. Only with respect to the conduct of a business of which you are the sole owner. . . . 2. Each of the following is also an insured: a. Was the Future Energy employee sent to consult to George Brewer and Malcolm Goodman. The Entergy employees who were to perform the maintenance. Their alcoholsoaked rags burst into flames and they were severely injured. Hermitage denied coverage because neither was a named insured under the policy. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/199803/97-7046a.txt">OPINION/ORDER</A><BR> Bobotek were on the briefs. An insurer may have a duty to defend a client sued by a patron who was injured by another who was intoxicated. Was viciously beaten outside The Third Edition. The Third Edition is owned and operated by 1218 Wisconsin. In the event he did not have the intent necessary to support these charges. The Third Edition was insured by Interstate Fire & Casualty Company ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051343np.pdf">OPINION/ORDER</A><BR> We write only for the parties and thus will forgo lengthy recitation of the factual and legal background to this case. Judgment was entered for Gibson. I. Kathleen Gibson was employed as a tax collector and served as Secretary to the Alcohol Beverage Control Board for the City of Paterson. The City filed a disciplinary action against Gibson with the Office of Administrative Law asking to have Gibson removed from her position as tax collector. Gibson claimed that the proceedings were brought in retaliation for her disclosures about Barnes. She retained her job and all reprimands were removed from her employment file. Gibson was removed from her position as Secretary of the Alcohol Beverage Control Board. Gibson argued that her removal was in further retaliation for her disclosures about Barnes. The instructions informed the jury that it could find the City of Paterson liable if Gibson's rights were violated pursuant to the enforcement of a city policy. Gibson moved to have the entire judgment entered against the City of Paterson based on a theory of joint and several liability. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-3268.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. Plaintiff appellant Ronald Woods appeals pro se from an order of the district court affirming the Commissioner's decision denying his application for (1) This order and judgment is not binding precedent. The ALJ determined that appellant's degenerative disc disease in the cervical spine and his hepatitis were severe impairments. [appellant] does not have a severe mental impairment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1027.01A">OPINION/ORDER</A><BR> Is amended as follows: On page 9 of the opinion delete the last six lines of the carryover paragraph starting with </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/aug96/94-4238.wpd.html">UNITED STATES V. FARNSWORTH<BR></A><BR> Charles Verdel Farnsworth was convicted under 18 U.S.C. 922(g)(1) of being a felon in possession of a firearm. (2) the possession of a firearm was in connection with another felony. (3) Farnsworth was guilty of obstruction of justice. Farnsworth appeals his conviction on the grounds that 922(g) is unconstitutional. Officer James Washington responded to a call that a fight involving a gun was in progress at an apartment building in Salt Lake City. Officer Washington was told by the complainant. Who was later identified as Marlene Porter. The truck was spotted at a grocery store three blocks away. Where Porter and Farnsworth (2) Officer Washington's testimony was that Elliot quoted Farnsworth as saying. The defense's objection was sustained. The statement was included in Farnsworth's presentence report. were taken into custody. Farnsworth was charged with being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1).(4) At trial. That the gun found in his possession was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/029.P.pdf">OPINION/ORDER</A><BR> John Dennis Daniels was convicted in the Superior Court of Mecklenburg County. Daniels was indicted in early 1990 by a Mecklenburg County grand jury for the strangling death of his aunt. He was also charged with assault with a deadly weapon against his wife. We are unable to improve on that factual summary. Defendant was behind on his rent. He was having marital problems. Who was lying on the bed in their bedroom. Defendant's wife and son were finally able to run out the front door. Was aroused by the commotion and went outside. Officer Griffith told defendant that he was going to jail for assault. When Griffith asked defendant why he was making this request. Defendant responded: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/03/03-10101.0.wpd.pdf">OPINION/ORDER</A><BR> The court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. She contends that the lawsuit was not frivolous and. Was instructed that he had to complete an accident report regarding the injury. The results of that test were negative for alcohol. 2 Martinets attempted to appeal his termination but human resources told him the results of the clinic's tests were conclusive. Had slandered him by stating that the results of the breathalyzer were positive. Averred that Concentra was liable under the Fair Credit Reporting Act for failing to follow reasonable procedures to assure the accuracy of the report that showed Martinets had tested positive for alcohol. It argued that Martinets could not show pretext in regard to the discrimination claims and that Martinets's hearing loss was not a disability. It further alleged that the plaintiff's claims were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/05/973575P.pdf">OPINION/ORDER</A><BR> Mathews is an insulin dependent diabetic. Mathews insisted that his condition was not a problem and that he would have no further diabetic episodes as he could sense when they were coming on and take the necessary preventative measures. Mathews claims to have left the meeting with the distinct impression that Trilogy would be watching him and </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/07/002187P.pdf">OPINION/ORDER</A><BR> Noticing that she was bleeding. Noticing that the police were arriving. The police officer sitting in the squad car he struck was killed on impact. Petitioner was tried on charges of first degree murder. He was convicted on all charges. The conviction was reversed. Petitioner was retried. [He] stated that he was extremely upset and wanted to kill himself [. . .]To support his theory of 2 diminished capacity. Harry said his diagnosis was based on prior medical and psychological records. Harry's opinion was that the collision </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july2002/00-13125.opn.html">UNITED STATES V. WATTLETON (7/9/2002, NO. 00-13125)<BR></A><BR> Circuit Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1740.01A">OPINION/ORDER</A><BR> Was on brief. Garrity</U> was on brief. His <U>Apprendi</U> based claim is not properly before us and we refrain from burrowing into its merits. He tendered letters from family and friends corroborating this about face.</FONT></P> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/994350.U.pdf">OPINION/ORDER</A><BR> No. 99 4350 Unpublished opinions are not binding precedent in this circuit. Koonge was convicted of 1) driving under the influence of alcohol ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/jan96/92-4539.man.html">LAMBRIX V. SINGLETARY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Lambrix v. BACKGROUND AND PROCEDURAL HISTORY<p> <p> Cary Michael Lambrix was indicted on two counts of first degree murder in connection with the 1983 killings of Clarence Moore and Aleisha Bryant.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/sept97/96-3275.wpd.html">OWEN V. MAGAW<BR></A><BR> Tobacco and Firearms' refusal to process a convicted felon's application for restoration of firearms privileges where that refusal is the result of Congress' denial of funds for the necessary background investigations and action on such applications. Owen was convicted in 1993 on two counts of filing false income tax returns in violation of 26 U.S.C. 7206(1). He was sentenced on each conviction to a term of one year and one day. His convictions were affirmed. Owen is prohibited from owning or possessing firearms. However federal law provides a method by which convicted felons can apply for restoration of firearms privileges: A person who is prohibited from possessing. The Secretary may grant such relief if it is established to his satisfaction that the circumstances regarding the disability. Are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. Any person whose application for relief from disabilities is denied by the Secretary may file a petition with the United States district court for the district in which he resides for a judicial review of such denial. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/11/032105P.pdf">OPINION/ORDER</A><BR> The district court in Iowa dismissed the Chapman case on the ground that the commonlaw claims were preempted by the Federal Railroad Safety Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/994296.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Were prosecuted federally because they were committed on property of Fort Bragg. Were within the territorial jurisdiction of the United States and subject to its jurisdiction under the Assimilated Crimes Act. Proof of which was contained in the October 28. Our review is for plain error. Or acts is admissible to prove </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/04/03-1059.htm">03-1059 -- RIVERA V. CITY AND COUNTY OF DENVER -- 04/27/2004<BR></A><BR> Rivera was terminated from his employment with the City and County of Denver (the City). Alleging that he was discharged based on his national origin and age. The City responded that he was discharged because he falsely reported doing work and then induced another employee to lie in his behalf. The district court determined that Plaintiff's evidence failed to create a genuine issue that the City's proffered reason was pretextual. BACKGROUND</strong> <p> Plaintiff is an Hispanic male. His job was to clean catch basins. Which are openings in gutters where water drains from the streets into the sewer system. Were unable to clean catch basins because the pump of their power flusher truck was frozen. Plaintiff radioed the Division headquarters to report that he was having trouble with the brakes on the power flusher truck. Swore in an affidavit that (1) she drove Plaintiff's route twice during the time he claims to have cleaned the catch basins. (3) she inspected one of the catch basins he was assigned to clean and found it covered with debris. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/03/032876P.pdf">OPINION/ORDER</A><BR> An Indictment was filed on November 15. Henkel entered a plea of guilty and was sentenced to 63 months imprisonment and 5 years of supervised release. Or other establishments whose primary source of income is derived from the sale of alcohol. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/03/032430P.pdf">OPINION/ORDER</A><BR> Snead presented evidence concerning his heart condition that should have prompted further investigation by the Administrative Law Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/06/042592P.pdf">OPINION/ORDER</A><BR> Carter was convicted of sexually abusing his stepdaughter. Carter's stepdaughter was sixteen or seventeen years old and living in Mr. No one was on the line. Carter was convicted of abusive sexual contact. At which time she was thirteen years old. Carter grabbed her breasts from behind while she was fully clothed and making a sandwich in the Carters' kitchen. She was straddling Mr. The two of them were kissing and moving their fully clothed bodies as though they were having sex. Carter was convicted on two counts of abusive sexual contact. When she was thirteen. She was in Mr. Carter was convicted of abusive sexual contact. Carter allegedly committed in addition to those for which he was tried. Carter argues that admitting this testimony was an abuse of discretion because the testimony's unfair prejudice outweighed its probative value. Because the witnesses' allegations were not substantially similar to the charged offenses. When she was thirteen. When she was fourteen and spending the night at the Carters' home. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/jan96/94-4199.wpd.html">UNITED STATES V. LEE<BR></A><BR> District Judge.(2) (1) The parties have agreed that this case may be submitted for decision on the briefs. The case is therefore ordered submitted without oral argument. (2) Honorable H. Deputy Phil Barney of the Sevier County Sheriff's Office was operating a stationary radar on Interstate 70 at the Sigurd. He was positioned facing westbound in the center of the median. The vehicle was directly in the center of the center line and straddled it for about 100 to 150 feet (or for about one second) before it proceeded into the outside lane of traffic. Deputy Barney observed that the driver of the automobile was African American and that the car had a California license plate. Deputy Barney testified that straddling the line was not clearly a violation of the law. His purported concern was that the driver of the Buick with out of state license plates might be sleepy or intoxicated. Deputy Barney testified that he noticed that two African American people were seated in the front of the Buick. Was unable produce the registration. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sep1999/99a2280.html">99A2280 -- US V. LOY<BR></A><BR> Loy stated that if Kochman was serious about trading. Loy specified that he was interested in receiving material from the undercover agent involving girls ranging from eight to thirteen years of age. Loy was observed entering his residence with the package in his possession. Alleging that the search warrant was not supported by probable cause. A suppression hearing was held before the district court on August 13. Finding that the warrant was supported by probable cause and that even if the warrant was invalid. Loy's conditional plea preserved his right to appeal whether the search warrant was supported by probable cause and whether the officers reasonably relied on the warrant in good faith. Loy objected to these conditions on the grounds that they were not supported by the record and violated his fundamental rights. <p>On appeal. The final argument made by Loy on appeal is that the district court abused its discretion in imposing the special conditions of supervised release. <p><b>DISCUSSION</b> <b>I. Appellant urges this Court to rule that anticipatory warrants are per se unconstitutional. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C4F763C9F24788C788256E5A00707B98/$file/9935555.pdf?openelement">OPINION/ORDER</A><BR> Massanari is substituted for Kenneth S. Is a fifty year old former sawmill laborer who left school after the eighth grade. 1 Edlund was examined by a series of doctors following an initial knee injury and subsequent complaints of hip and lower back pain. Edlund was treated several times for a fractured rib. For which he was given various pain medications. There was little objective evidence of physical abnormalities or damage. Nor was there any evidence of Edlund's inability to work. Edlund was probably suffering from a herni 1 From 1986 until 1993. Christiansen stated that Edlund was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/08/97-4063.htm">97-4063 -- CHARTER CANYON TREATMENT CENTER V. POOL CO. -- 08/06/1998<BR></A><BR> At issue is the administration of Pool Company's Medical Expense Plan (the Plan). The district court held that Pool Company's decision to conduct a retrospective utilization review was without basis in Pool Company's medical plan documents. <a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Mar2002/001268.pdf">OPINION/ORDER</A><BR> That district courts have jurisdiction under 18 U.S.C. Is unable to do so. The statute provides in pertinent part: A person who is prohibited from possessing. The Secretary may grant such relief if it is established to his satisfaction that the circumstances regarding the disability. Are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. Any person whose application for relief from disabilities is denied by the Secretary may file a petition with the United States district court for the district in which he resides for a judicial review of such denial. 18 U.S.C. Or receiving firearms that have traveled in interstate commerce. 18 U.S.C. A convicted felon can regain his firearms privileges if the jurisdiction in which he was convicted expunges his conviction. Rice was the first circuit court opinion to address whether the appropriations ban enables felons to seek the restoration of their firearms privileges in federal court despite ATF 's inability to review their applications. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/07/02-5054.htm">02-5054 -- KARNES V. BOEING CO. -- 07/16/2003<BR></A><BR> After he was terminated for smoking marijuana on work premises. From 1984 until he was terminated in April 2000. Karnes was a member of the International Union. The terms and conditions of his employment were governed by a collective bargaining agreement (CBA) between the Union and Boeing. <p> In March 2000. A surveillance camera was installed in the area. Karnes was asked to submit to a drug test. His employment was terminated because of violation of Boeing's policy regarding the use of illegal drugs on Boeing premises. <p> Grievances under the CBA are subject to a three step reconciliation process that culminates in final and binding arbitration if the Union chooses to pursue the grievance. After Karnes was terminated. Subsequently withdrew the grievance without prejudice and the matter was not submitted to arbitration. The NLRB determined there was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200615304.pdf">OPINION/ORDER</A><BR> Testified in his affidavit that the shop was certified by and performed repair work for many insurance companies. They were the official body shop for Heintzelman's Truck Center in Orlando. Gager also testified that Bruce and the shop were well respected in the local automotive industry as a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19948009.OPA.pdf">OPINION/ORDER</A><BR> Alleging that Lufran was negligent in selling beer to Scott Lever. Was therefore liable to Joseph Jaques for injuries resulting from an automobile collision between Jaques and James Kendrick. Is a party to this appeal. 1 * granted Lufran's motion. Kendrick was driving his vehicle. Hill was driving his vehicle. With Lever and Boyd as passengers. planned to attend a party that was purportedly taking somewhere around Lake Strom Thurmond. Which is owned and operated by defendant Lufran. Lever furnished the cashier with a false driver's license that included a false date of birth.3 There is a dispute as to the exact amount purchased. O.C.G.A. § 51 1 40(c) provides that evidence that the person selling the alcoholic beverages has been furnished with and acted in reliance on identification showing the purchaser to be at least twenty one years old constitutes rebuttable proof that the beverages were not sold willfully. Who was a passenger in the Kendrick Perryman vehicle. Was seriously injured in the accident. was charged with passing in a no passing zone and driving while under the influence of alcohol. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/BF9231D76D3FEB6C88256AA3005AC423/$file/9935555.pdf?openelement">OPINION/ORDER</A><BR> Massanari is substituted for Kenneth S. For the defendant appellee. 10474 ORDER The opinion in this appeal is amended as follows: Wherever the words </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0118n-06.pdf">OPINION/ORDER</A><BR> For the reasons that are set forth below. BACKGROUND The details of this case are tragic. Morton was released on personal recognizance and ordered to return to court on April 3. 2003 and a bench warrant was issued for his arrest. 2003 he was arrested by Dearborn police. An arrangement was made to transfer him to the custody of the Ann Arbor police. Morton attempted to escape and was caught. Morton tested positive for cocaine and his blood alcohol level was found to be .363. Which is over four times the legal limit for operating a motor vehicle. University medical specialists concluded that hospitalization was unnecessary and that Morton's violent behavior was 2 No. 06 1013 the result of his drug and alcohol use. Morton was released from the University Hospital the same day and taken to his arraignment. Morton once again reacted violently when he was told he would not be released while he awaited his sentencing hearing set for June 12. Was present at this arraignment. He admitted that it is customary for him to have received a copy of the court disposition and that he likely received one in this case as well. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/10/041193U.pdf">OPINION/ORDER</A><BR> We have jurisdiction under 28 U.S.C. § 1291. Talley alleged that he was unable to work due to liver disease. His claim was denied initially and upon reconsideration. The ALJ found that he was disabled but that chronic alcoholism was a contributing factor material to his disability. See 42 U.S.C. § 423(d)(2)(C) (individual will not be considered disabled if alcoholism or drug addiction is a contributing factor material to disability). The district judge found that the ALJ's decision was supported by substantial evidence on the record as a whole and affirmed the denial of benefits. Talley was a building maintenance and landscaping worker at a nursing home for over 12 years. He was later injured in a car accident in 1998. He admitted that he is an alcoholic. He testified that he is receiving counseling and attends Alcoholics Anonymous meetings twice a week. He testified that his main problem was his back and complained of severe back pain. He testified that he only sleeps a few hours at night and that he is tired during the day. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/062306np.pdf">OPINION/ORDER</A><BR> We will vacate the sentence and remand for resentencing. To which there were no objections. There are fast track programs where. There are reductions. Courts have recognized that that disparity. Where we don't have a fast track program. The court granted a departure under similar circumstances because it did not have a fast track program. Claiming it was only due to Garcia Rivas's misfortune in being arrested in a non fast track district that he would not be given consideration for his prompt guilty plea. This is where it becomes difficult. Have departed from the guidelines. Even though those guidelines are appropriate. We have jurisdiction to review Garcia Rivas's sentence for reasonableness under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(b)(1) and (3). This case is governed by our recent decision in Vargas. Vargas was indicted by a grand jury as an aggravated felon1 who re entered the United States after being deported. Vargas contended the District Court should have considered the disparity between fast track and non fast track districts in fashioning his sentence. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001704.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Harris claimed that Dean stopped him without probable cause because Harris is African American. Harris asserted that there was no beer or other alcohol in his car. Officer Dean claimed to have followed Harris for about one half mile before stopping him. Dean contended that he stopped the vehicle because Harris was driving erratically. Dean noticed that Harris' eyes were bloodshot. That Harris was slurring his speech. Dean also claimed to have detected an odor of alcohol about Harris. One of the bottles was empty. The second bottle was partially full and was situated within reach of the driver. Dean thought that the test was insufficient to explain Harris' odd behavior. Dean thought a blood test was in order to check for drugs or a combination of drugs and alcohol. To see if such a test was justified. Decker agreed that it was after observing that Harris appeared groggy with bloodshot. Harris' speech was slow and at times incoherent. While the results of the test were negative. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/982611.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1E6F58BB0C6C7B1788256E5A00707CF0/$file/9999024.pdf?openelement">OPINION/ORDER</A><BR> The district court granted relief on Ainsworth's claim that defense counsel was ineffective for failure to investigate and present mitigation evidence at the penalty phase. Because we conclude that Ainsworth's constitutional right to effective assistance of counsel was violated. We do not consider the additional issue raised in the State's appeal or those issues raised in Ainsworth's cross appeal as all four issues relate to the penalty phase trial and there is no indication those issues would arise again in a new penalty phase trial. Seng </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1403.01A">OPINION/ORDER</A><BR> 1993 is amended as follows: Page 5. Line 24: Change first </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan95/94-8009.html">JAQUES V. KENDRICK<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Jaques v. Alleging that Lufran was negligent in selling beer to Scott Lever. Was therefore liable to Joseph Jaques for injuries resulting from an automobile collision between Jaques and James Kendrick. Kendrick was driving his vehicle. Hill was driving his vehicle. The group planned to attend a party that was purportedly taking place somewhere around Lake Strom Thurmond. Which is owned and operated by defendant Lufran. Who was a passenger in the Perryman vehicle. Was seriously injured in the accident. Kendrick was charged with passing in a no passing zone and driving while under the influence of alcohol.<p> II. Summary judgment is appropriate when there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. Knowing that such person will soon be driving a motor vehicle. Or serving is the proximate cause of such injury or damage.<p> <p> O.C.G.A. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1575.01A">OPINION/ORDER</A><BR> Were on brief. Petitioner Ludmila Georgeva Naydenova is a derivative asylum applicant.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/feb95/88-8935.man.html">WATERS V. THOMAS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Waters v. As he was leaving the scene. Other details of the crime and the overwhelming evidence of Waters' guilt are set out in the opinion of the Georgia Supreme Court. Which was denied after an evidentiary hearing. Certiorari was denied. Which the district court denied in an extensive order.<p> A panel of this Court affirmed the denial of habeas corpus relief insofar as the convictions were concerned. The panel was unanimous in affirming the denial of guilt stage relief. Chief Judge Tjoflat dissented from the panel majority's holding that Waters was due sentence stage relief on ineffective assistance grounds. We agree with the panel's holding that Waters' guilt stage ineffective assistance of counsel claims are due to be denied because the evidence of guilt was so overwhelming that Waters cannot show prejudice from any of the claimed shortcomings of his counsel at the guilt stage. <i>Id.</i> at 1490. The panel nonetheless expressed an opinion that the guilt stage ineffective assistance claims </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/08/00-7061.htm">00-7061 -- HUMPHREYS V. GIBSON -- 08/21/2001<BR></A><BR> Oklahoma's aggravating factor applicable to individuals who murder while serving a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/07/99-6288.htm">99-6288 -- BARON V. SAYRE MEMORIAL HOSPITAL -- 07/24/2000<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff Robert D. Alleging that defendants were negligent in their emergency room treatment of White. Arguing that the district court improperly allowed the introduction of evidence of White's prior criminal convictions on the theory that his criminal record is relevant to the jury's consideration of damages for pain and . The error was harmless. <u>See</u> 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1701.01A">OPINION/ORDER</A><BR> I. Claimant was born in Puerto Rico on February 7. He completed the first grade and is illiterate. The first was filed in Puerto Rico on September 2. This second application was filed during the grace period created by the 1984 Social Security Disability Reform Act. Entitled claimant to a redetermination of That claim also was denied upon initial review and reconsideration. The ALJ ruled that claimant was not disabled on March 27. Which is the subject of this appeal.2 In contrast to his first two applications. (Tr. 272).3 The SSA determined that some of the earnings that had been attributed to claimant when his previous applications were processed were not. He indicated that his primary ailment was mental. The sole issue presented in this appeal is whether claimant was disabled by his mental impairment. 3. A supplemental hearing was held. The ALJ found that he had earnings in 1980 and 1981 and that the question was whether claimant was disabled between September 11. This finding was based largely on the testimony of Dr. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981282.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. We have reviewed the record and the district court's opinion and find no reversible error. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//jan96/92-4539.man.html">LAMBRIX V. SINGLETARY<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Lambrix v. BACKGROUND AND PROCEDURAL HISTORY<p> <p> Cary Michael Lambrix was indicted on two counts of first degree murder in connection with the 1983 killings of Clarence Moore and Aleisha Bryant.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/95opinions/95-1326.html">B-WEST IMPORTS, INC. V. U.S.<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/04/03-3118.htm">03-3118 -- U.S. V. WILSON -- 04/30/2004<BR></A><BR> Claiming the police's actions after stopping a vehicle in which Wilson was a passenger exceeded the permissible scope of the stop in violation of the Fourth Amendment. Wilson was sentenced to a term of imprisonment of twelve months and one day. Stopped the pickup truck in which Wilson was a passenger for failing to have a light illuminating the license plate. As someone who was suspected of manufacturing methamphetamine.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-4.gif" ALT="420"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B954F843B2C4C24D88256E5A00707C3D/$file/9935555.pdf?openelement">OPINION/ORDER</A><BR> Massanari is substituted for Kenneth S. For the defendant appellee. 10474 ORDER The opinion in this appeal is amended as follows: Wherever the words </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/022329.P.pdf">OPINION/ORDER</A><BR> Is one of the dealers that received this demand letter. Bob's Gun Shop also asserted that the criteria used by the Bureau to target the selected dealers were arbitrary and capricious. 2274 (2002). 2 Bob's Gun Shop suggests this case is moot because the Bureau changed some of the selection criteria for its new demand letter issued in 2002. The change in criteria does not affect the issue in this case whether the criteria used to select Bob's Gun Shop to receive the 2000 demand letter were arbitrary and capricious. 1 BLAUSTEIN & REICH v. See 18 U.S.C. § 923(a).3 The Bureau is required to issue a license to any applicant that meets all the statutory qualifications and agrees to abide by the applicable laws. Or dealer that holds such a license is commonly referred to as a federal firearms licensee (an FFL). Bob's Gun Shop is an FFL dealer. The licensing authority was transferred to the Department of Justice. § 178 was recently redesignated as § 478. The FFL in the chain of distribution must report all or any portion of the information it is statutorily required to maintain for each firearm. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/11/01-1397.htm">01-1397 -- FREEMAN V. UNITED AIRLINES -- 11/26/2002<BR></A><BR> This panel has determined unanimously that oral argument is not necessary to the disposition of this appeal. <u>See</u> Fed. The case is therefore ordered submitted without oral argument. <p> In this diversity action. Freeman was required to prove that he had been actually or constructively discharged and that no such discharge had occurred: United had merely placed Mr. Freeman was actually or constructively discharged or that United placed Mr. Freeman alleged that his supervisor did not respond to these complaints and that he was subject to harassment and ridicule by coworkers because he had raised these concerns. <p> In August 1998. Freeman was able to perform his regular duties. <p> In spite of this recommendation. Freeman's coworkers continued to have concerns about Mr. Freeman apparently stated that he </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/053184np.pdf">OPINION/ORDER</A><BR> We will summarily affirm the District Court's order. Bobko was recommitted to prison in March 2002 as a technical parole violator for failing to report an arrest for Driving Under the Influence of Alcohol ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2001/11/00-4191.htm">00-4191 -- U.S. V. OLIVER -- 11/14/2001<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Petitioner appellant Ronald Scott Oliver appeals his convictions for two counts of bank robbery. (5) there was insufficient evidence to support the conviction. The First Security Bank was robbed twice (the first and third robberies) and the Zions Bank was robbed once (the second robbery). Both banks are located in grocery stores. Petty agreed to give information and testimony regarding the first two robberies. <p> Petty claimed to have met a man named Scott earlier in the summer of 1999. Petty also said that the pair had robbed the Zions Bank together. <p> An investigation eventually led the police to suspect that Ronald Scott Oliver was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/053619np.pdf">OPINION/ORDER</A><BR> Appellants David and Mary Ann Marks ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1893.01A">OPINION/ORDER</A><BR> Brady were on brief for Rhode Island Liquor Stores Association. Was on brief for State of Rhode Island. Lawson with whom Lawson & Weitzen was on brief for plaintiffs appellees. Was among the earliest to ratify the Twenty First that repealed it. The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/031125.P.pdf">OPINION/ORDER</A><BR> The district court should have entered a preliminary injunction because he satisfied the test governing preliminary injunctions with regard to his claims that the challenged portion of Jouett's 2002 2003 dress code is both unconstitutionally overbroad and vague. I A Students at Jouett and their parents are provided each year with a student/parent handbook that is updated every summer. Who at the time was a twelve year old student in the sixth grade at Jouett. Sitting at a table on the opposite side of the cafeteria with his back towards her.1 Pitt's attention was drawn to Newsom by his purple t shirt. Over 500 students were enrolled in the sixth. She had the immediate impression that the figures were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/12/972574U.pdf">OPINION/ORDER</A><BR> United States District Court for the District of Nebraska. he could be imprisoned if he were again to violate his supervised release conditions. That the district court was not bound to impose a term of imprisonment within the range recommended under Chapter 7 of the Guidelines. The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/949B3155AF8EDC7988256B4B0008A499/$file/9935711.pdf?openelement">OPINION/ORDER</A><BR> CV 98 03073 JAR OPINION *Jo Anne Barnhart is substituted for her predecessor as Commissioner of the Social Security Administration. We have jurisdiction pursuant to 28 U.S.C. § 1291. Thomas' applications were denied initially and upon reconsideration. A hearing was held before an administrative law judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTc4NzZfb3BuLnBkZg==/03-7876_opn.pdf">OPINION/ORDER</A><BR> The identity and number of whom is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 presently unknown. The identity and number of whom is presently unknown. The identity and number of whom is presently unknown. We conclude that the individual defendants are entitled to qualified immunity as to the plaintiffs' substantive due process claims that are based on an alleged </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTc4NzYgdyBFcnJhdGEucGRm/03-7876%20w%20Errata.pdf">OPINION/ORDER</A><BR> The identity and number of whom is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 presently unknown. The identity and number of whom is presently unknown. The identity and number of whom is presently unknown. We conclude that the individual defendants are entitled to qualified immunity as to the plaintiffs' substantive due process claims that are based on an alleged </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/10/98-2243.htm">98-2243 -- HERRERA V. CITY OF ALBUQUERQUE -- 10/13/1999<BR></A><BR> While Herrera was an employee of the City. The City deemed Herrera to have refused the test. Herrera was a member of the Union and. The Union filed a grievance with the City alleging his termination was without just cause. Summary judgment is proper when </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/034582.U.pdf">OPINION/ORDER</A><BR> CHALMERS Unpublished opinions are not binding precedent in this circuit. Chalmers was sentenced to twenty one months' imprisonment followed by three years of supervised release following a guilty plea to one count of possession with intent to distribute hydromorphone. He stated that he understood the district court was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/04/953116P.pdf">OPINION/ORDER</A><BR> Don French was driving a tractor trailer truck when it collided with the train in which Bobby Butler was working. Arguing that the evidence was insufficient to sustain the verdict. Butler first argues that the trial court should have granted his motion for judgment as a matter of law. Because such a motion deals with a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/055145np.pdf">OPINION/ORDER</A><BR> Alexander was sentenced by the District Court to 70 months imprisonment to run concurrently with a New Jersey state sentence for possession of a controlled dangerous substance with intent to distribute. The 70 month sentence imposed by the District Court lies within the advisory Guidelines range of 70 to 87 months and Alexander does not argue that the range was calculated incorrectly. Alexander argues that the sentence imposed was unreasonable due to the District Court's inadequate consideration of the other 18 U.S.C. § 3553(a) factors.1 For the reasons that follow. We will affirm. The Immigration and Naturalization Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/04/952470P.pdf">OPINION/ORDER</A><BR> Clark was born March 9. Claiming disability His application was denied initially The At Clark's request. At which Clark was represented by counsel. Which was exacerbated by prolonged standing or walking. Which his doctors said was related to his high Contrary to his testimony at the first hearing. A consultative neurologist testified that Clark's medical records indicated his blood lipids were markedly elevated and he was diabetic. There was no evidence of objective neurological abnormalities. The neurologist disputed Clark's treating physician's opinion that there was a relationship between Clark's hyperlipidemia (high elevation of cholesterol and fatty acids in the blood) and his subjective complaints of pain. That there were unskilled entry level sedentary jobs in the national economy which Clark could perform. Miller noted Clark was unable to flex or extend his neck muscles more than twenty degrees. Was unable to heel walk on his left side. Clark's 2 thoracic spine was unremarkable but his lumbar spine had </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/04/952269P.pdf">OPINION/ORDER</A><BR> White (White) entered a conditional plea of guilty to conspiracy to distribute cocaine and possession with intent to distribute cocaine in violation of 21 U.S.C. § 846. 1 White's plea was conditioned on We affirm. his right to appeal the district court's denial of his motion to suppress evidence discovered during a search of his vehicle. White was driving his Lincoln Town Car eastbound on Interstate Highway 80 (I 80) when he overtook Lieutenant Steven Evans (Evans) of the Nebraska State Patrol. hour. Estimated that White was traveling Evans. He asked White about his employment and destination. vacation in Las Vegas. was concerned White was White told Wilson he was employed by a construction company in Virginia and was returning from a Wilson advised White that he had stopped White for an improper lane change and for driving on the shoulder. White replied that he was merely tired. Explained that he was expected back at work in Richmond. Believing White should have no trouble making it back to Richmond since it was only Wednesday. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/036620.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Contending that his conviction and sentence were unconstitutionally imposed in violation of the Fifth Amendment. We granted a certificate of appealability to determine whether Petitioner's confession was coerced or obtained in violation of Miranda. We conclude that the decision of the North Carolina Court of Appeals was not contrary to. Nor was it an unreasonable application of. Are as follows: On October 31. Was dispatched to a crime scene after JOHNSON v. HARKLEROAD 3 the body of Harold Keith Booker (hereinafter </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec94/91-7126.opa.html">UNITED STATES V. YOUNG<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Were convicted for. Drug paraphernalia and more plastic bags with marijuana residue were also found inside the Young house. A search warrant was executed on this property. The Youngs were arrested.<p> II.<p> <p> Junior Banks challenges his conviction for conspiring with his co defendants to distribute and to possess with intent to distribute marijuana in violation of 21 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec94/91-7126.opa.html">UNITED STATES V. YOUNG<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>United States v. Were convicted for. Drug paraphernalia and more plastic bags with marijuana residue were also found inside the Young house. A search warrant was executed on this property. The Youngs were arrested.<p> II.<p> <p> Junior Banks challenges his conviction for conspiring with his co defendants to distribute and to possess with intent to distribute marijuana in violation of 21 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1245.PDF">OPINION/ORDER</A><BR> We are concerned with two counts: count I. Paul Moore were convicted of conspiring to distribute over 5 2 Nos. 03 1245. Under which Jaquan Clayton was found guilty of distribution of cocaine in violation of 21 U.S.C. § 841(a)(1). Raphael Clayton (who we will refer to simply as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200516363.pdf">OPINION/ORDER</A><BR> The district court granted a certificate of appealability on Jennings's claim that his sentence was rendered unconstitutional by the application of two invalid aggravating factors that the murder was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/07/08/063573P.pdf">OPINION/ORDER</A><BR> Two Shields was drinking vodka with several other people at a trailer home in Fort Yates. The police were called to remove him from the residence. Where Buffalo Boy was drinking whiskey with Arthur Silk and April Callous Leg. Who was sitting quietly in a chair when they departed. He was unable to answer. The emergency medical technicians who transported Buffalo Boy to the hospital observed that blood was coming from his mouth. The left side of his face was very swollen. His jaw was broken. Buffalo Boy was conscious but unable to communicate clearly. The emergency room doctor found that Buffalo Boy's speech was unintelligible. While Buffalo Boy's facial injuries were severe. He was admitted to the intensive care unit in stable condition after the procedure but began to have trouble breathing and died early in the morning on January 22. The stated cause of death was complications of blunt force injuries to his face. Two Shields at first denied any knowledge of how Buffalo Boy was injured but eventually stated that he had hit Buffalo Boy several times but did not mean to kill him. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200612/05-1241a.pdf">OPINION/ORDER</A><BR> With her on the briefs were Mark D. With him on the brief was William R. An Administrative Law Judge ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/01/974268P.pdf">OPINION/ORDER</A><BR> Because the United States Sentencing Guidelines have no expressly promulgated guideline for vehicular battery. Arguing that the court should have instead sentenced him under the guideline for involuntary manslaughter. David Osborne is a non Indian who lived within the boundaries of the Pine Ridge Indian Reservation in South Dakota. Osborne and some friends were drinking at a Pine Ridge residence when an acquaintance asked Osborne to drive to Gordon. Osborne and all three passengers were thrown from the Blazer. They were not addressed in the investigative reports. Osborne 2 suffered injuries and was taken to a nearby hospital where blood tests revealed a blood alcohol level of 0.27 and the presence of marijuana in his system. Osborne's state law crime becomes a federal offense for which he is sentenced under the federal guidelines. Because there is no expressly promulgated guideline for the offense of vehicular battery. The court determined that the involuntary manslaughter guideline and the aggravated assault guideline were almost equally analogous. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0368p-06.pdf">OPINION/ORDER</A><BR> They also assert that a related county ordinance is overbroad and. A business where nude and semi nude dancing is presented for entertainment and beer is sold. Sports Club is located in a rural portion of Decatur County. Plaintiffs Jenifer Cosimano and Sherill Douglas are dancers employed by Sports Club. As are Plaintiffs Jane Doe I and II. The Commission passed an ordinance (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/964539.P.pdf">OPINION/ORDER</A><BR> He maintains that the calculation of his criminal history category under Section 4A1 of the Guidelines should not have included an earlier fine for selling alcohol to a minor. One of which was located in the same dresser as some of the cocaine. Harris' base offense level was 22. Because one of the firearms found in Harris' apartment was in close proximity to some of the narcotics. He further maintains that the enhancement is improper where. The firearms are unloaded. We disagree and hold that the Section 2D1.1(b)(1) enhancement in this case was not clear error. The Application Notes to Section 2D1.1 further direct that the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/03/98-1054.htm">98-1054 -- SPRAY SYSTEMS OF ARIZONA INC. V. LIN-DE LTD. -- 03/18/1999<BR></A><BR> Was liable under Colorado's dram shop liability statute. Were engaged in asbestos removal at a mine near Leadville. Chaparro thought he might have consumed an additional beer before going to the lounge. Testified during the time he was in the lounge the employees each drank no more than two beers. <p> The time of the employees' departure from the lounge is in dispute. The employees were ejected from the truck and suffered serious injuries. Witnesses testified the truck was traveling at a high rate of speed and on the wrong side of the road immediately before the accident. Collins' blood alcohol level one hour after the accident was .14. <p> American Home Insurance Company. Alleging Kristi Lanes sold alcohol to the employees while they were in a condition of visible intoxication. The actions were consolidated and the district court entered summary judgment in favor of defendant. The court found plaintiff's claim was statutorily barred and plaintiff had not offered any evidence to support its claim that Kristi Lanes had served the employees while they were visibly intoxicated. <p> We review the grant or denial of summary judgment de novo. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/06-3420.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/10/00-8003.htm">00-8003 -- U.S. V. HERNANDEZ -- 10/06/2000<BR></A><BR> Campbell further stated that he had earlier possessed eight pounds of marijuana in blocks at another residence and that that quantity was very similar to the amount he observed in Mr. Campbell's estimate of drug quantity lacked sufficient indicia of reliability because his recollection was admittedly blurred by his use of drugs and alcohol during the relevant time. That the earlier alleged acts were too remote and dissimilar to justify an enhancement as relevant conduct under the Guidelines. <p> We review fact findings on drug quantities and relevant conduct under the clearly erroneous standard. <em>United States v. Is a question of law we review de novo. <em>United States v. 27 F.3d at 468<em>.</em> Drug quantities may be established on the basis of estimates so long as they have some basis of support in the record and sufficient indicia of reliability. <em>Id.</em> at 469. <p> We turn first to Mr. Hernandez' argument that the amount attributable to his earlier sales was not supported by sufficient indicia of reliability because Mr. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-3147.PDF">OPINION/ORDER</A><BR> 000 and punitive damages against CMS totaling $1.5 million were awarded. The judge also specifically found that the trial testimony </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/9713.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. OPINION PER CURIAM: Zane Hill ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/971604.P.pdf">OPINION/ORDER</A><BR> Challenging the FDA's jurisdiction over tobacco products and seeking declaratory and injunctive relief.1 Plaintiffs then filed a 1 When the complaint was filed on August 10. All references in this opinion are to the final version of the rule published in the Federal Register on August 28. They have been added for emphasis unless otherwise indicated. 13 motion for summary judgment in the district court. Jurisdiction over the consolidated appeals is proper in this court under 28 U.S.C. §§ 1292(a)(1) and 1292(b). We are of opinion that the FDA lacks jurisdiction to regulate tobacco products. 1996 regulations of tobacco products are thus invalid. All 50 States have already banned the sale of tobacco to minors under state law. Tobacco products fit within these definitions because they are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6C259C50C9868E5888256D96006FB166/$file/0270526.pdf?openelement">OPINION/ORDER</A><BR> He contends that he was denied a full and fair hearing because of the IJ's bias. Maria and Alejandro also are Mexican citizens and are without status. Requested relief alleging that he is eligible for suspension of deportation. Reyes Melendez is a registered nursing assistant who cares for seriously ill and disabled individuals. His patients and their family members were grateful for his care. Reyes Melendez was arrested for driving under the influence of alcohol. His license was suspended. He was arrested on two occasions for driving with a suspended license. Reyes Melendez attested that he was driving to travel to his two jobs. Reyes Melendez was arrested again for driv 12908 REYES MELENDEZ v. He alleges that he is in counseling to prevent life's pressures from leading to another relapse. Reyes Melendez alleged that he and his United States citizen children would experience extreme hardship if he were deported. His license in California is not recognized in Mexico and he does not have savings to attend school for a comparable certificate in Mexico. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972512.P.pdf">OPINION/ORDER</A><BR> The policy was intended to encourage pregnant women whose urine tested positive for cocaine use to obtain substance abuse counseling. Ten women who were tested pursuant to the policy. The parties evidently agree that only injunctive relief is being sought against those individual Appellees who are state officers sued in their official capacities. Brown was concerned about a perceived rise in cocaine use among pregnant women and the consequences for the health of the users' children. A task force was formed that included Nurse Brown. The Solicitor informed the participants that because a viable fetus was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/05/983114P.pdf">OPINION/ORDER</A><BR> Claiming the departure was improper. Two vehicles were parked off the road on an approach to BIA 32. Was hospitalized and remained in critical condition for several days as a result of multiple blunt trauma injuries. Defendant was charged with one count of involuntary manslaughter in violation of 18 U.S.C. §§ 1153 and 1112. The sentencing hearing was held July 7. Claiming the factors on which the district court relied were invalid or do not support the upward departure. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6545D465E06283DB8825708200801E34/$file/0399007.pdf?openelement">OPINION/ORDER</A><BR> Fletcher *Jill Brown is substituted for her predecessor. Mitchell Carlton Sims was convicted of the first degree murder of John Harrigan. He was sentenced to death. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) does not apply to the merits of Sims's appeal because his federal petition was filed before AEDPA's effective date. Were violated by the admission of confessions obtained in a custodial setting after he invoked his rights to counsel and silence. (3) whether his right to an impartial jury was violated when a member of his jury met with a member of Padgett's jury and discussed writing a book about their experiences. (4) whether his Eighth and Fourteenth Amendment rights were violated by the prosecutor's closing argument in the penalty phase about factor (k). (6) whether counsel was ineffective in failing to object to comments that Sims argues violated Griffin v. (7) whether reversal is required on account of cumulative error. Sims was hired as a delivery driver by another Domino's. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/12/061466P.pdf">OPINION/ORDER</A><BR> Pinnow objected to one sentence in paragraph 9 that is not material to this appeal. An objection that was resolved at sentencing when the parties stipulated to a base offense level of 30. The following fact summary is taken from portions of paragraphs 5 15 to which Pinnow did not object. This provision was moved from § 2D1.1(b)(6)(A) to § 2D1.1(b)(5)(B) to § 2D1.1(b)(6)(B) to its present location. Chief Judge of the United States District Court for the Southern District of Iowa. 22 1 officers learned that Pinnow was staying in room 163 and had recently stayed at other hotels in the Coralville area. Pinnow admitted that he acquired these items and crushed the pseudoephedrine </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/02/041143P.pdf">OPINION/ORDER</A><BR> We are again asked whether a felony conviction for driving while intoxicated (DWI) is a violent felony under the Armed Career Criminal Act of 1984 (ACCA). 18 U.S.C. § 924(e)(2)(B)(ii) (defining violent felony as a felony involving </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3154DD61D9F508B788256B2900637AEB/$file/0035181.pdf?openelement">OPINION/ORDER</A><BR> Is amended by adding a new footnote 3. As follows: We need not decide whether good cause is required for submission of new evidence to the Appeals Council. As Mayes conceded in her briefs that good cause was indeed required. Mayes belatedly argues that good cause is required only when new evidence is submitted to a district court. Ramirez does not address whether submissions to the Appeals Council are or are not subject to the good cause requirement. All subsequent footnotes are renumbered accordingly. The petition for panel rehearing is denied. 17157 OPINION MOLLWAY. He would have discovered her herniated discs. The ALJ would then have found her disabled and therefore eligible to receive disability insurance benefits. Mayes therefore asks this court to reverse the district court's affirmance of the ALJ's decision and to remand the case to the ALJ for further consideration of whether she is disabled in light of her herniated discs. We affirm the ALJ's determination that Mayes was not disabled. We find that this </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0017p-06.pdf">OPINION/ORDER</A><BR> While Lysher was still in the house. Lysher also informed Officer Jacobson that plaintiff was illegally selling prescription medication. Explaining he was at the far side of the room. No search was conducted at that time. Who was the lead investigator into a recent prescription drug theft from a local pharmacy. Officer Jacobson related Lysher's story to Kart and told him that plaintiff had informed Officer Jacobson that he could not search the bedroom without a warrant.2 Lysher then told defendant Kart that plaintiff was illegally selling prescription drugs. Defendant Kart was aware that Lysher had used prescription drugs illegally in the past. Defendant knew that Lysher was angry at plaintiff and that she had consumed alcohol. The sales Lysher claimed to have witnessed. He also included the fact that a patrol car was currently conducting surveillance on plaintiff's residence. Two with the plaintiff (these two children are also plaintiffs in this suit). They are not parties to this suit. 2 1 Plaintiff does not dispute making this statement. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/638928EF249D934C88256E5A00707C77/$file/0035181.pdf?openelement">OPINION/ORDER</A><BR> He would have discovered her herniated discs. The ALJ would then have found her disabled and therefore eligible to receive disability insurance benefits. Mayes therefore asks this court to reverse the district court's affirmance of the ALJ's decision and to remand the case to the ALJ for further consideration of whether she is disabled in light of her herniated discs. We affirm the ALJ's determination that Mayes was not disabled. We find that this </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/02/03-6047.htm">03-6047 -- GONZALEZ V. U.S. AIR FORCE -- 02/24/2004<BR></A><BR> While Plaintiff was an active duty member of the United States Air Force. In July of that year Plaintiff was temporarily assigned to Altus Air Force Base. Plaintiff attended an on base party which was taking place in an open patio or </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-8091.wpd">OPINION/ORDER</A><BR> The case therefore is ordered submitted without oral argument. The court wishes to acknowledge that the attorneys in this case have submitted excellent briefs. Attorney's office is equally well represented. This appeal requires us to decide whether a Nevada felony conviction for Driving Under the Influence ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B5CF2BD72D8B5EA288256C1300129746/$file/0115512.pdf?openelement">OPINION/ORDER</A><BR> Is amended as follows: 1. Replace </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/oct2001/99-13479.OPN.html">PUTMAN V. HEAD (10/9/2001, NO. 99-13479)<BR></A><BR> Circuit Judge: Appellant William Howard Putman was convicted of two counts of murder and sentenced to death for each count on September 17. ISSUES FOR REVIEW</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=01-2167_097.pdf">OPINION/ORDER</A><BR> Claiming that it was protected under FOIA exemptions for privacy and law enforcement purposes. While that petition was pending. Congress' obvious intention in adding the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/199913479.OPN.pdf">OPINION/ORDER</A><BR> Circuit Judge: Appellant William Howard Putman was convicted of two counts of murder and sentenced to death for each count on September 17. I. ISSUES FOR REVIEW As this appeal was initiated after April 24. It is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Are worthy of a COA. Whether Appellant's right to due process was denied by the prosecutor's alleged failure to disclose exculpatory material. Whether Appellant was denied effective assistance of counsel. Appellant's claims under this issue are based on Brady v. Appellant alleges the following items were material and withheld by the prosecution: (1) a portion of a summary of Appellant's interview with a state psychologist. While Appellant was incarcerated. Appellant's claims under this issue are based on Strickland v. Appellant argues (in 3 2 1 whether Appellant was denied effective assistance of counsel. Appellant has failed to make a substantial showing of a denial of a constitutional right and is not entitled to a COA.3 For the third issue. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-4322.wpd">OPINION/ORDER</A><BR> We have jurisdiction under 28 U.S.C. 1291. Knapp was a pilot for America West. She was on medical leave as her condition did not permit her to fly. The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. Knapp was not eligible for FMLA leave because she had not accrued at least 1. The determinative question is whether Mrs. 250 hours of service is determined according to the principles established under the Fair Labor Standards <hr> Act (FLSA) for determining compensable hours of work. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5F75A1F3AE9A0A9688256E5A00707DA0/$file/0035181.pdf?openelement">OPINION/ORDER</A><BR> Is amended by adding a new footnote 3. As follows: We need not decide whether good cause is required for submission of new evidence to the Appeals Council. As Mayes conceded in her briefs that good cause was indeed required. Mayes belatedly argues that good cause is required only when new evidence is submitted to a district court. Ramirez does not address whether submissions to the Appeals Council are or are not subject to the good cause requirement. All subsequent footnotes are renumbered accordingly. The petition for panel rehearing is denied. 17157 OPINION MOLLWAY. He would have discovered her herniated discs. The ALJ would then have found her disabled and therefore eligible to receive disability insurance benefits. Mayes therefore asks this court to reverse the district court's affirmance of the ALJ's decision and to remand the case to the ALJ for further consideration of whether she is disabled in light of her herniated discs. We affirm the ALJ's determination that Mayes was not disabled. We find that this </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-4283.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. <hr> TACHA. I. BACKGROUND John and Joan Miller were injured in a car accident caused by Arthur Valle. The Millers assert that the Government is liable for damages under the FTCA for negligently serving alcohol to Mr. Arguing that the Dramshop Act is a strict liability statute and therefore not within the scope of the FTCA's immunity waiver. The Utah Supreme Court held that Utah's Dramshop Act is a strict liability statute. The court explained that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/07/00-6090.htm">00-6090 -- BRYAN V. MULLIN -- 07/21/2003<BR></A><BR> INTRODUCTION</strong></center> <p> Robert Leroy Bryan was convicted in Oklahoma state court of first degree malice murder and sentenced to death. <em>See Bryan v. (3) counsel was ineffective at both the guilt and penalty phases of his trial because counsel failed to present mental health evidence. (4) he was incompetent to stand trial. A panel of this court unanimously concluded that Bryan was not entitled to relief on his evidence sufficiency. Was almost entirely circumstantial. A potted plant was also found at Inabel's home. A pillowcase was duct taped over her head. There was a single set of vehicle tracks present at the scene. The tracks matched the tread pattern of the right rear tire on Bryan's rental car. <p> Authorities searched the property where Inabel's body was found because. Like that on the property where Inabel's body was discovered. Fibers lining the trunk were similar to those on Inabel's clothes and tape found on or near her body. <p> Police located additional evidence in Bryan's bedroom tying Bryan to the murder. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0359n-06.pdf">OPINION/ORDER</A><BR> Petitioner was the only other person in the boat at the time of the accident. They were headed for Mr. Bruce Dysert was pronounced dead from injuries resulting from a violent ejection from the boat upon impact into the stone embankment. Mary Neace was also pronounced dead. Sergeant Portz later observed a lab report at the nurses'station indicating that Petitioner's BAC was above the legal limit. Neace was later charged with two counts of aggravated vehicular homicide. Stating that although the testimony of Sergeant Portz regarding the lab report was inadmissible as hearsay. Statements and evidence obtained by law enforcement personnel after Sergeant Portz observed the lab report were admissible and not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/03/984180P.pdf">OPINION/ORDER</A><BR> Was a forty nine year old woman with a history of alcohol and prescription drug abuse and mental health problems. Rehder was diagnosed with severe degenerative changes at C4 5 and C5 6 disk spaces in her spine and Grade 1 spondylolisthesis at C3 4. Rehder was hospitalized twice for mental disorders. Despite the evidence presented by Rehder that she was no longer abusing drugs. An extremely agitated and anxious Rehder was admitted to the hospital. Rehder refused to undergo a physical exam or provide a urine sample and was somewhat irritable and evasive to the staff during questioning. The admitting physician's diagnosis of Rehder following her February 14 hospitalization was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/July2002/012294u.pdf">OPINION/ORDER</A><BR> Who is AfricanAmerican. Maull­who was already on probation for his involvement in a car accident while driving without a license. An additional administrative hearing was necessary. Maull concedes that he </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/05/01-5094.htm">01-5094 -- MCGOFFIN V. BARNHART -- 05/03/2002<BR></A><BR> At that time she was twenty years old and had a history of mental illness. She was admitted to Tulsa Regional Medical Center. Where she was diagnosed with a major depressive disorder and alcohol dependence. She was discharged on April 3. She was admitted to Monarch. Was admitted directly to Eastern State Hospital because she appeared suicidal. <em>Id. </em>at 104. She was diagnosed at Eastern State with dysthymic disorder. That she liked it because it was the only time she felt anything. Throw knives and as a result she is unable to hold a job. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/aug2000/00-10173.man.html">ARTISTIC ENTERTAINMENT V. CITY OF WARNER ROBINS (8/23/2000, NO. 00-10173)<BR></A><BR> Is an establishment known as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></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="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200602/04-5453a.pdf">OPINION/ORDER</A><BR> With him on the briefs were Martin G. With her on the brief were Kenneth L. Senior Circuit Judge: Appellants Tripoli Rocketry Association and National Association of Rocketry are non profit organizations whose members are hobby rocket enthusiasts. (ATFE is currently charged with administering the statute at issue. We will refer only to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/09/96-2177.htm">96-2177 -- 19 SOLID WASTE SEPT. MECHANICS V. CITY OF ALBUQUERQUE -- 09/22/1998<BR></A><BR> Circuit Judge. <p> Plaintiffs are nineteen Solid Waste Department mechanics who originally filed suit in 1993 to challenge the constitutionality of the drug and alcohol testing policy of the City of Albuquerque as it was applied to them. Germane to this appeal is the mechanics' assertion that the policy violated their right to be free from unreasonable searches as guaranteed by the Fourth Amendment. <p> <center><strong>Background</strong></center> <p> The mechanics' primary job responsibility is the repair of the City's fleet of large diesel trash trucks. They perform their work in an industrial repair shop where large machines and replacement parts are mechanically lifted for repairs. Usually their work is not inspected by others before a repaired truck is returned to service. The mechanics are not authorized to drive City vehicles on the streets or highways. <p> The drug testing policy under consideration here was initially set forth in 1991. On a list of job categories for which a CDL (and therefore a substance abuse test) was required. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19968147.MAN.pdf">OPINION/ORDER</A><BR> Circuit Judge: Officials of the State of Georgia appeal the grant of a preliminary injunction against enforcement of O.C.G.A. § 21 5 35 to prohibit a member of the General Assembly from accepting contributions for a campaign for federal office while the General Assembly is in session. the district court's The court (Judge Hill dissenting) affirms grant of the preliminary injunction. Concluding that the Georgia statute is preempted by the Federal Election Campaign Act. I. Doug Teper is a member of the Georgia General Assembly who is contemplating a campaign for federal office. Teper's co plaintiffs are potential contributors to his federal campaign. Teper is precluded by a provision of the Georgia Ethics in Government Act. The Supreme Court has recognized that often in cases challenging rules governing elections there is not sufficient time between the filing of the complaint and the election to obtain judicial resolution of the controversy before the election. This exception applies under two conditions: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19968147.DIS.pdf">OPINION/ORDER</A><BR> There is no issue as to whether or not the federal law. That is not the end of the inquiry. The preemption is coextensive with FECA no more. The report says: It is the intent of the conferees that any State law regulating the political activities of State and local officers and employees is not preempted or superseded by the amendments to title 5. Right before the conference report was agreed to by the Senate. Senator Cannon was Chairman of the Committee of Today. [NOTE: This was written and submitted while the Georgia legislature was still in session.] 1 Briefs have argued. That is correct. Is not so clear. The Commission submitted its proposed regulation to Congress and was not allowed to promulgate it prior to the expiration of thirty days. We have a long line of cases. The interpretation of it is for the Third Branch. Post hoc expressions by legislators what then Judge Scalia called </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/982496.P.pdf">OPINION/ORDER</A><BR> Benefits were denied on the basis of § 105 of the Contract with America Advancement Act (CAAA) of 1996. V. Because we conclude that the legislative classification at issue is rationally related to a legitimate governmental end. I. Mitchell is a chronic alcoholic who has been unable to sustain employment because of his condition. An administrative law judge (ALJ) concluded that Mitchell's alcoholism constituted a severe impairment and that the remaining eligibility requirements were satisfied. The ALJ denied benefits because § 105 precluded a finding that Mitchell was disabled due to alcoholism.1 Mitchell challenged this ruling before the appeals counsel. Which affirmed the ALJ. 1 Mitchell also claimed he was disabled due to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//oct2001/99-13479.OPN.html">PUTMAN V. HEAD (10/9/2001, NO. 99-13479)<BR></A><BR> Circuit Judge: Appellant William Howard Putman was convicted of two counts of murder and sentenced to death for each count on September 17. ISSUES FOR REVIEW</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sept2000/991503.txt">OPINION/ORDER</A><BR> Was thereby precluded from owning or possessingfirearms under 18 U. S 922(g)(1) because he was a convicted 2 felon. We will therefore reverse the district court's order based upon our decision in Rice v. I. Palma was formerly a marketing director for various casinos in Atlantic City. While employed in that capacity he gave favorable treatment to various entities that were then doing business with the casinos in return for payoffs that totaled more than $100. It is undisputed that Palma successfully completed all terms and conditions of his sentence. That he was granted early discharge from his probation. It is also undisputed that Palma has not had any adverse contact with law enforcement since successfully completing his sentence. Palma was employed by Palma/Lazar Associates as a real estate appraiser. Persons convicted of crimes punishable by a term of imprisonment in excess of one year are prohibited from possessing. The Gun Control Act also authorizes the Secretary of the Treasury to lift the firearms disability imposed under S 922(g)(1) if </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/10D55BB266D4B9F8882571E10000B7AA/$file/0555695.pdf?openelement">OPINION/ORDER</A><BR> It asserts that the claim on which relief was granted was unexhausted and that the state court's rejection of 10684 REYNOSO v. GIURBINO the claim was reasonable. We conclude that Reynoso's claim was properly exhausted and that. Jyotsna Prajapati was shot once in the head and died from her wounds shortly afterwards. Prajapati was working alone behind the counter of the Top Produce Market. Hinojosa was questioned at Centinela State Prison where he was serving a sentence for burglary. Believed that the case was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/07/022649P.pdf">OPINION/ORDER</A><BR> Swick was indicted on a charge of tampering with consumer products with reckless disregard for risk to others in violation of 18 U.S.C. § 1365(a). Swick proceeded to trial and was convicted of the more serious charge. The government requested a two level enhancement for obstruction of justice which was denied. Swick requested and was granted a downward departure based on extraordinary rehabilitative efforts. Surveillance tapes of the meat counter were reviewed and showed Swick repeatedly moving his hand from his shirt pocket towards packaged meat items in which needles had been discovered. Another needle was discovered in meat purchased from the store. 14 needles were discovered in food products. No more needles were discovered at the Hy Vee grocery store. Swick was indicted on a charge of tampering with consumer products with reckless disregard for risk to others. The district court allowed Swick to withdraw his guilty plea and the matter proceeded to trial. 2 Swick moved to exclude his admission at trial and the motion was granted. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/9910.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Then Warden of Central Prison where Carter is incarcerated. We will refer to Respondent as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-1715.01A">OPINION/ORDER</A><BR> Was on brief for respondent. He was indicted in 1983. After post conviction proceedings were resolved against him. Two asserted trial errors are before us: (I) introduction into evidence of a written statement of the non testifying co defendant. Alleged to have improperly reduced the Commonwealth's burden of proof. The question we address is whether any error had a substantial and injurious effect or influence on the jury's determinations. We have concluded that in each case the answer is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1997/97a1589p.txt">OPINION/ORDER</A><BR> We agree and will reverse and remand for a new trial. Parks) was a general laborer for Allegheny Sand. Parks is his widow. Parks was killed while working with the Gradall machine. An excavator with two separate cabs that is used 2 for breaking boulders into smaller pieces. One cab is in the front. Is occupied by the driver of the vehicle. Is attached to and controls the excavating arm. The arm's counterweight are all in one line. The counterweight keeps the machine from tipping when the arm is used off center. Drove the machine to the back of a shed where the carbon was stored. Parks was pressed between the counterweight and the wall. Parks' 3 conduct could be viewed as a legal cause of his death only if it were unforeseeable. The jury found that the product was indeed defective. The verdict was presumably based on the finding of the jury that the defect was not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/June1995/95a1065p.txt">OPINION/ORDER</A><BR> Watters' claim arose out of his termination from employment as Manager of the Employee Assistance Program (EAP) for the Philadelphia Police Department following the publication of a newspaper article in which he was quoted criticizing aspects of the EAP. The idea for a coordinated EAP grew out of a study conducted by the Philadelphia Police Study Task Force which Tucker had convened </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992308.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. I. The family's case against Ford is premised on the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr96/96-8147.man.html">TEPER V. MILLER<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Teper v. Circuit Judge:<p> <p> Officials of the State of Georgia appeal the grant of a preliminary injunction against enforcement of O.C.G.A. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Nov2003/023225u.pdf">OPINION/ORDER</A><BR> Reardon argues that his state conviction for aggravated manslaughter is unconstitutional because his confession was obtained in violation of his Fifth Amendment rights. The sales clerk noticed her name on the card and was instructed by the credit card issuer to cut it up. He claimed that the car was empty when he found it with the keys in the ignition and Dalton's pocketbook on the front seat. The police were not satisfied with Reardon's account and attempted further interrogation. Can I have a drink? </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E7A9299085F2C3D688256BD4007D5B21/$file/0115512.pdf?openelement">OPINION/ORDER</A><BR> Plaintiff Joel Hernandez was given a drug test at his place of employment and tested positive for cocaine. Hughes was also aware at this time that Hernandez struggled with an alcohol problem. Hernandez was given the option to resign in lieu of termination. Was the handwritten note that Hernandez </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/01/97-4071.htm">97-4071 -- CARLSEN V. DURON -- 01/30/1998<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff David Craig Carlsen appeals the district court's grant of summary judgment in favor of defendants on his 42 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-1089.01A">OPINION/ORDER</A><BR> P.C. were on brief for Starlight I. With whom Latti Associates was on brief for Joaquim Conde. While serving as first mate aboard the commercial fishing vessel F/V ALENTEJO which was navigating in rough waters east of Nantucket on the Georges Bank.1 Two days after the accident. Since Conde could speak little English and was unable to read it. The written statement omits any refer ence to the captain's refusal to slow the vessel and lower the fishing net to deck level so that Conde and his fellow worker would not have to stand on the slippery deck. From which tiles were missing. Were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/06/033130P.pdf">OPINION/ORDER</A><BR> The ALJ found that Slater had severe impairments but that alcoholism or drug addiction was a contributing factor to the determination that she was disabled. Where drug or alcohol abuse is a contributing factor to the determination of the disability. A plaintiff is not entitled to disability benefits unless she would be disabled if she stopped using drugs and alcohol. 42 U.S.C. § 423(d)(2)(C). 724725 (8th Cir. 2002) ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0820n-06.pdf">OPINION/ORDER</A><BR> LAWS No. 05 1905 ANN. § 324.80176(1) and (3) (1999). 2 Plaintiff has limited her appeal to the following three claims: (1) that the stop by Oakland County Sheriff Deputies Bryan Johnson and Matthew Karchnick was invalid. Because plaintiff has alleged facts that preclude a finding at this stage that he is entitled to qualified immunity on the excessive force claim. The other individual defendants. 1 No. 05 1905 3 When plaintiff's boat was approximately 110 yards from home. Plaintiff said she was surprised to see them out so late. Plaintiff testified that Johnson said it was because her green navigation light was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-3018.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. London was a 16 year letter carrier with the Postal Service when he received a warning letter in February 2002 for failure to follow instructions by not advising his supervisor that he would not be able to complete his route on time and by failing to verify his reason for not reporting to work. London left his work area a number of times for several minutes at a time and then reported to a supervisor that he was dizzy and that his stomach ached. An emergency medical service team was summoned to revive him and take him to the hospital. London was treated at the hospital and the resulting medical report referred to alcohol related dehydration. That he needed to call his Postmaster and the Health Unit if he was unable to report to the examination. London first argues that his supervisor lied or changed his story at the hearing before the administrative judge who was assigned to his case. London alleges that his supervisor admitted in the hearing that he was not present when Mr. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/01opinions/01-1188.html">INVERNESS MEDICAL SWITZERLAND V. PRINCETON BIOMEDITECH<BR></A><BR> Argued for plaintiffs appellants.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/07/002189P.pdf">OPINION/ORDER</A><BR> Ashley is an Indian. As was his victim. The crime was committed in Indian country. Jurisdiction was predicated on the Major Crimes Act. Require the conclusion that the conduct charged was not an enumerated crime under the Major Crimes Act. Therefore the district court2 was without jurisdiction. Ashley stipulated that he was an Indian. 1999 he was returning home in Wanblee. He admitted the van's brakes were not fully operational because the wrong cover seal was being used and brake fluid was leaking. Ashley knew that the brakes were not fully operational. She and the bicycle were trapped between the rear wheels of the van and dragged for 48.7 feet. Ashley further stipulated that the South Dakota Highway Patrol estimated that he was traveling at a speed of 15.75 miles per hour before the collision in an area with a speed limit of 10 miles per hour. While contending that past convictions were not admissible. Ashley stipulated that the United States would offer at trial that he was previously convicted of driving while under the influence of alcohol on September 10. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/09/04-7019.htm">04-7019 -- EDEN V. BARNHART -- 09/15/2004<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Plaintiff William B. We have jurisdiction to review this appeal under 28 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-3167.pdf">OPINION/ORDER</A><BR> This disposition is not citable as precedent. It is a public record. Mercier was arrested and charged with the following crimes: (1) </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/08/002825P.pdf">OPINION/ORDER</A><BR> Willard Dean Kirkie was convicted of three counts of aggravated sexual abuse of a child. Both motions were denied. Kirkie was sentenced to 360 months incarceration. Within the exclusive jurisdiction of the United States. (b) Any offense referred to in subsection (a) of this section that is not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense. 18 U.S.C. § 1153 (2000). Because incest is not a crime defined and punished under federal law and because both Kirkie and the victim are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1997/11/96-2276.htm">96-2276 -- U.S. V. ALLEN J. (JUVENILE) -- 11/07/1997<BR></A><BR> The case was in federal court because both Allen J. and the victim are Indians and because the incident took place within the Navajo Nation Indian Reservation in New Mexico. <em>See</em> 18 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.fedcir.gov/opinions/05-7019.pdf">OPINION/ORDER</A><BR> On the brief was John F. With him on the brief were Peter D. Of counsel on the brief were Richard J. Of counsel was Jamie L. The government responds that the Veterans Court properly affirmed the Board's decision because the § 105(a) presumption can be rebutted by a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/044221np.pdf">OPINION/ORDER</A><BR> Cuvo was driving his car a few blocks from his home in Palmer Township. Cuvo claims the loss of consciousness was caused by head injuries sustained in an assault by Easton. Officer De Biasi arrested Cuvo and There is some confusion as to the proper spelling of Officer De Biasi's name. He is referred to both as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/012331.P.pdf">OPINION/ORDER</A><BR> All four were then detained and held until about 2:30 a.m. on January 8. The 1 The six original defendants were Deputy Thomas C. All claims against Captain Hines were withdrawn before trial. Defendants Schroeder and Anthony have appealed and the Plaintiffs have cross appealed. I. The parties are largely in agreement on the material facts underlying this case. Those facts are set out below. Carrying a flashlight.2 Round Top Farm was known to members of the Sheriff's Department as the home of the Figg family. John Figg was a twice convicted felon. SCHROEDER When the two approaching men (Robert Figg and Wayne Attanasio) were approximately forty feet away from him. Deputy Land asked them what they were doing. One (Robert Figg) responded only by asking Deputy Land what he was doing with his brother. Robert Figg said he owned the land and that he was not going anywhere. Deputy Land promptly informed him that he was under arrest. Deputy Land radioed that he was in foot pursuit. They did not know that Land was the only shooter. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug2000/00-10173.man.html">ARTISTIC ENTERTAINMENT V. CITY OF WARNER ROBINS (8/23/2000, NO. 00-10173)<BR></A><BR> Is an establishment known as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/849C8721950AF06288256AB4006DB400/$file/0035181.pdf?openelement">OPINION/ORDER</A><BR> He would have discovered her herniated discs. The ALJ would then have found her disabled and therefore eligible to receive disability insurance benefits. Mayes therefore asks this court to reverse the district court's affirmance of the ALJ's decision and to remand the case to the ALJ for further consideration of whether she is disabled in light of her herniated discs. We affirm the ALJ's determination that Mayes was not disabled. We find that this </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/09/964041P.pdf">OPINION/ORDER</A><BR> Who were arrested at </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/011875.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Because plaintiffs have failed to offer sufficient evidence to establish any genuine issues of material fact. Was held at the Hawksnest resort in the Town of Seven Devils. This meeting was held in part because prior Spring Thaw parties at another location had led to community complaints regarding the rowdy and drunken behavior of attendees. Town police attended the party where at least six kegs of beer and assorted canned beer was provided by plaintiffs for sale. The chief stated under oath that he requested the inspection because he had learned that Hawksnest did not have an occupancy rating and he was worried that if anything happened at a crowded New Year's party. The fire marshal did not find any code violations and the party was held as planned. Issued a press release complaining about the police officers' conduct at the Leonard and Kasey Cottom were originally plaintiffs in this action. The district court found that plaintiffs' substantive due process claim was best understood as an allegation that the Town police violated their Fourth Amendment rights to be free from unreasonable searches during the Plaintiffs also claimed that the Town violated their equal protection rights and that there was an unlawful conspiracy to deprive plaintiffs of their constitutional rights. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/041121np.pdf">OPINION/ORDER</A><BR> After concluding that the Officers were entitled to qualified immunity. We have jurisdiction under 28 U.S.C. § 1291. Will affirm. I. We write only for the benefit of the parties and therefore will limit our discussion to those facts that are material to the disposition of this appeal. Stated that loud music was coming from a residence that turned out to be Burr's home. Officer George Netelkos ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/051750np.pdf">OPINION/ORDER</A><BR> Because we conclude that the warrantless search of the contents of his truck was permissible under the inventory search exception to the warrant requirement. That drugs found within a book bag were subject to the inevitable discovery exception to the exclusionary rule. We will affirm.1 I. Appeals alleging violations of the Fourth Amendment search and seizure protections are heavily fact oriented. This appeal is no exception. He was subsequently sentenced to twenty years in prison. 1. Morris' truck and Brokaw's police car were blocking the right hand traffic lane. Brokaw's initial observations led him to believe that Morris was drunk. Which were also observed by Officer Robert Lehew who arrived on the scene shortly after Morris was pulled over. Called for a tow truck to impound Morris' vehicle because its driver and sole occupant was in custody. Brokaw testified that he did not wait for the inventory search to be completed or for the tow truck to arrive because he was aware that over time alcohol dissipates in the bloodstream and because he knew there were often long waits for blood to be drawn at the hospital's emergency room on a Saturday night. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/10/961941P.pdf">OPINION/ORDER</A><BR> Paul Richard Barry was convicted of various drug and firearm offenses under 18 U.S.C. §§ 922(g)(1) and 924(c)(1). Arranged to have Barry's vehicle impounded. Barry was a previously convicted felon at the time of the arrest. The cumulative weight of the weight of marijuana was containers of marijuana and cocaine. Cocaine in Barry's vehicle was 459 grams and the The packets in Barry's wallet contained 1.05 grams of Officer Bennett transported Barry to the Leadington Police Department. Where Barry provided a breath sample revealing that his blood alcohol content was .022%. Asserting the stop and subsequent arrest were merely a pretext for the vehicle search. whether the arrest is based upon probable cause. 116 S.Ct. 1657. We review de novo whether an officer's stop is based upon reasonable suspicion and Ornelas v. We review the district court's findings concerning the underlying historical facts under the clearly erroneous It is undisputed that Officer Bennett observed Barry operating his vehicle erratically and crossing the centerline at three o'clock in the morning on May 5. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1E8C4359706CBA1E88256DD4005BF628/$file/0216326.pdf?openelement">OPINION/ORDER</A><BR> Reasoning that her actions were part of the initiation and pursuit of child dependency proceedings for which social workers are entitled to absolute immunity. The court also concluded that there was no basis for Monell liability against the County. We agree with the district court that the Does' Monell claim against the County must fail because there was no evidence that Herrera was a final decisionmaker for the County. We also agree with the district court that Herrera is entitled to immunity for her actions. We disagree that she is entitled to absolute immunity across the board. We hold that Herrera's actions in allegedly failing to investigate adequately the allegations of abuse and neglect against George and in allegedly fabricating evidence in the dependency petitions she prepared for the court were part of the initiation and pursuit of child dependency proceedings. For which Herrera was entitled to absolute immunity. She is entitled only to qualified immunity. FACTUAL BACKGROUND Lacey Doe is the four year old daughter of George Doe and Robin Doe.1 On November 2. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr96/96-8147.man.html">TEPER V. MILLER<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Teper v. Circuit Judge:<p> <p> Officials of the State of Georgia appeal the grant of a preliminary injunction against enforcement of O.C.G.A. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="388"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Nov2002/013395u.pdf">OPINION/ORDER</A><BR> The principal issue we must resolve in these appeals is whether the district court was correct in finding that Police Officer Michael Rogge had qualified immunity in this § 1983 civil rights action. We will affirm. It is sufficient to note that Joseph F. Istvanik filed a § 1983 action against Officers Rogge and Lawn of the Lower Gwynedd Township Police Department claiming that they used excessive force by handcuffing him too tightly to the leg of a cot for several hours while he was in a holding cell at the police station.1 He also asserted state law claims for assault. Claiming that he was entitled to qualified immunity.2 However. Rogge also made a motion for Istvanik was arrested for driving under the influence of alcohol. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTI4MDVfb3BuLnBkZg==/03-2805_opn.pdf">OPINION/ORDER</A><BR> We have jurisdiction under 28 U.S.C. § 2253(a). Jackson was convicted in New York Supreme Court. The District Court granted habeas relief on both offenses based on two separate claims: (1) Jackson was deprived of due process under the Fourteenth Amendment by the trial court's refusal to allow the jury to consider a justification defense. (2) he was denied effective assistance of counsel under the Sixth Amendment when trial counsel cited inapposite case law to the court. 1997 2 Jackson was the superintendent of an apartment building at 110 Grove Street in Brooklyn. A group of family members and friends was drinking and playing cards in apartment 1B. Who was joined that evening by her sister in law. Who was Bernadette's brother and Mirna's husband. That Natalie Hall and her friends were inside apartment 2E. Drummond was a friend of Jackson's who lived in the building. There is some dispute over precisely what happened next. He later testified that he The medical examiner later determined that Brown's blood alcohol content was 0.21%. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/07/08/071045P.pdf">OPINION/ORDER</A><BR> After Chance Eagle was convicted of involuntary manslaughter in Indian country. Eagle and three teenage women were in his vehicle when it collided with another vehicle. Eagle was driving his vehicle while intoxicated when the accident occurred. Eagle 1 sought to prove that one of the teenagers was driving. Eagle contends that the district court should have allowed him to impeach two government witnesses with extrinsic evidence of their out of court statements that one of the teenagers was driving. Eagle was driving the vehicle shortly before the collision. Eagle was driving when the accident occurred. Eagle sought to show that both of these statements were inconsistent with out of court statements that the witnesses had made. Donahue tell her mother that one of the other teenagers was driving. That the evidence was inadmissible hearsay. The excluded evidence was not hearsay. Although Federal Rule of Evidence 613(b) permits the admission of extrinsic evidence of prior inconsistent statements only where the witness is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/01opinions/01-1646.html">OPINION/ORDER</A><BR> Argued for appellant.<span style= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/12/961244P.pdf">OPINION/ORDER</A><BR> In subsequent conversations Strange disclosed that Zamorano was his supplier. Scott further divulged that Strange was responsible for taking possession of the narcotics and wiring the illicit proceeds back to Zamorano. An investigation revealed that various wire transfers were made to Zamorano from a man in Kansas City The HONORABLE FERNANDO J. A handwriting expert concluded that Strange was the person who had signed as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/11/031037P.pdf">OPINION/ORDER</A><BR> North Dakota Highway Patrolman Jody Skogen ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-3405.PDF">OPINION/ORDER</A><BR> Something is rotten in the Village of Alsip. The Alsip Chief of Police is Kenneth Wood. David Snooks is the department's Field Operations Commander. At the time this suit was filed. They attempted to remove him from his post on the ground that he was unfit for duty. The events overlap in time and we will describe them separately for clarity. We credit McGreal's version of the facts because he is the party opposing judgment. He was on routine patrol late one night in June 1995 when he noticed a number of cars in the parking lot of the Alsip Elk's Club in apparent violation of the local closing time ordinance. The machines themselves are not illegal but using them to gamble is No. 02 3405 3 prohibited. The video poker machines were owned by a company called </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E165120C2C55C1E788256E5A00707BEF/$file/0010384.pdf?openelement">OPINION/ORDER</A><BR> His father was an alcoholic who regularly beat him as a child. He had a diminished capacity under U.S.S.G. § 5K2.13.2 The Government argued that Walter's childhood abuse was not an appropriate ground for departure. Walter asked for an evidentiary hearing so he could 1 Walter's sentence was at the low end of the guideline range. The guidelines under which Walter was sentenced sets forth a range from 4151 months. The court refused to grant a downward departure on the grounds of childhood abuse because when Walter was thirteen years old. This suggested to the court that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/06/952482P.pdf">OPINION/ORDER</A><BR> (2) found diverticulitis is not a medical handicap under Missouri law. (5) denied discovery regarding other employees who allegedly also used drugs but were not discharged. Hopper was employed in the Control He was forty six years old at the time of his discharge. Hopper was first diagnosed with diverticulitis by his physician. Diverticulitis is the acute form of diverticulosis. The condition is referred to as diverticulitis. Hopper's colon ruptured as a result of The rupture required Hopper to undergo The colostomy was later complications from diverticulitis. surgery at which a colostomy was constructed.2 surgically reversed following a successful healing process. Hopper was convicted of attempted possession of cocaine and served time in jail. conviction. testified to using cocaine on other occasions before and after that The April 1992 DUI resulted in the revocation of Hopper's It is probation on the earlier offense and another sentence of jail time. problems. of his not clear who at Hallmark knew of Hopper's substance abuse and legal Hopper testified. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/02/03-1429.htm">03-1429 -- MAINSTREAM MARKETING SERVICES INC. V. FEDERAL TRADE COMMISSION -- 02/17/2004<BR></A><BR> The primary issue in this case is whether the First Amendment prevents the government from establishing an opt in telemarketing regulation that provides a mechanism for consumers to restrict commercial sales calls but does not provide a similar mechanism to limit charitable or political calls.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/053892p.pdf">OPINION/ORDER</A><BR> We have jurisdiction over Watson's appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We will affirm. I. We will set forth only those facts necessary to our analysis. The facts of this case are undisputed. A bank employee 3 alerted police of the robbery and Watson was apprehended shortly thereafter. The PSR also provided information related to Watson's personal characteristics that was highly relevant during his sentencing hearing. Watson reported physical and health related problems while incarcerated at the Federal Detention Center because he was not receiving the proper medications. Which began when he was 13 years old. The cause of his diminished cognitive functioning was unclear. Watson claims his sentence is unreasonable in light of his 5 severe medical condition and short life expectancy.2 He also claims the District Court inappropriately imposed the sentence. We do not have jurisdiction to review a District Court's discretionary decision to deny a departure or appeals by defendants challenging the extent of a downward departure. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ea50059bc5df2783882569520074e699/bc12a8423a440c8c88256a8c007ee03f/$FILE/0010384.pdf">OPINION/ORDER</A><BR> His father was an alcoholic who regularly beat him as a child. He had a diminished capacity under U.S.S.G. § 5K2.13.2 The Government argued that Walter's childhood abuse was not an appropriate ground for departure. Walter asked for an evidentiary hearing so he could 1 Walter's sentence was at the low end of the guideline range. The guidelines under which Walter was sentenced sets forth a range from 4151 months. The court refused to grant a downward departure on the grounds of childhood abuse because when Walter was thirteen years old. This suggested to the court that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A1745CEA3E73F3F38825720C006F7D34/$file/0435606.pdf?openelement">OPINION/ORDER</A><BR> Is amended as follows: At slip opinion page 11445. The City passed a new sign ordinance that rescinded the ban that was the basis of Ballen's Complaint. The City conceded in its notice to us and at oral argument that its new ordinance was adopted only as an interim regulation in response to the district court's summary judgment ruling. Because the new ordinance was intended to be only temporary pending the outcome of the litigation. This case is not moot. 1194 (9th Cir. 2000) (indicating that mootness is less appropriate when repeal occurred due to the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/05/99-5134.htm">99-5134 -- FORD V. APFEL -- 05/26/2000<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Claimant Wayne Ford appeals from the district court's order affirming the decision of the Commissioner of Social Security. Legal standards</center> <p> Our review is limited to determining whether the Commissioner's decision is supported by substantial evidence on the whole record and comports with relevant legal standards. <em>See Casias v. Claims for disability benefits are evaluated according to the five step sequential process set forth in 20 C.F.R. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/07/952661P.pdf">OPINION/ORDER</A><BR> The Union argues that the arbitrator's award is consistent with the collective bargaining agreement between the and. William Thoreson worked for Coca Cola and his employment with CocaCola was governed by a collective bargaining agreement negotiated between the Union and Coca Cola. Not all inclusive of the rights of management retained are the right to manage the Company. Whether or not such rights have been exercised by [CocaCola] in the past. Remain with [Coca Cola]. (emphasis added). 2 cause.2 There is a grievance procedure. The last step of which is arbitration.3 2 Article IV(d) of the Agreement states: ARTICLE IV. If a satisfactory decision is not reached by the Union and [Coca Cola]. Suspension or discharges will be imposed when the decision to take action is made. (emphasis added). 3 Articles VII(a) and (b) of the Agreement state: ARTICLE VII. GRIEVANCE PROCEDURE (a) No claimed grievance of any kind will be acted upon or considered valid for any reason unless filed in writing with [Coca Cola] within thirty (30) days of the alleged violation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Feb2003/022047.pdf">OPINION/ORDER</A><BR> The Board is the only named party electing to participate in this appeal. A. Pre 1996 Parole Considerations in Pennsylvania Thomas is currently serving a life sentence for the 1964 rape and murder of a 12 year old girl in Philadelphia. He was again convicted.3 His second conviction was upheld by the 2. We have appellate jurisdiction under 28 U.S.C. A certificate of appealability is required before appeal by a habeas petitioner will be heard. A certificate of appealability was issued by the District Court. Thus our jurisdiction is proper. Although it appears state court recourse was exhausted by an appeal to the Pennsylvania Supreme Court. That case is not part of this record. Exhaustion is not jurisdictional and is waivable. Exhaustion is deemed waived. The relevant facts in the case before us are largely undisputed. Our review of the District Court is plenary. 3. The first conviction was rejected because the prosecution's lead witness. Was found to have falsified her credentials and to have perjured herself in another case. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/918203EF0C43575888256E5A00707AF0/$file/0016090.pdf?openelement">OPINION/ORDER</A><BR> Massanari is substituted for Kenneth S. The SSA explained that it </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//aug2000/99-6052.opn.html">CADE V. HALEY (8/17/2000, NO. 99-6052)<BR></A><BR> Background</P> <P> Cade was originally convicted and sentenced to death in 1978. His conviction was vacated by the United States Supreme Court because at the time the Alabama death sentencing procedure did not comply with the Eighth Amendment. <EM>See Cade v. Cade was again tried. Ct. 184 (1988).</P> <P> Cade's conviction is based on events that took place in 1977. Alabama three times.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/BC12A8423A440C8C88256A8C007EE03F/$file/0010384.pdf?openelement">OPINION/ORDER</A><BR> His father was an alcoholic who regularly beat him as a child. He had a diminished capacity under U.S.S.G. § 5K2.13.2 The Government argued that Walter's childhood abuse was not an appropriate ground for departure. Walter asked for an evidentiary hearing so he could 1 Walter's sentence was at the low end of the guideline range. The guidelines under which Walter was sentenced sets forth a range from 4151 months. The court refused to grant a downward departure on the grounds of childhood abuse because when Walter was thirteen years old. This suggested to the court that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1BC642D9E0A161EC882572D8004C49BE/$file/0499010.pdf?openelement">OPINION/ORDER</A><BR> We confront once again the question whether defense counsel's performance during the sentencing phase of a capital trial was so deficient as to violate the defendant's right to counsel under the Sixth Amendment. Appellant Joe Leonard Lambright and his co defendant Robert Smith were convicted of first degree murder. Lambright was sentenced to death. His conviction and sentence were affirmed by the Arizona courts on direct appeal and in state post conviction proceedings. After the case was returned to the panel for resolution of Lambright's remaining claims. Further ruled that even if the performance was deficient. Lambright was not prejudiced thereby. Because we conclude that trial counsel's performance was both deficient and prejudicial. Lambright and Smith were traveling across the country with Lambright's girlfriend. Smith complained to Lambright about the fact that he did not have a traveling companion with whom he could engage in sexual relations. Owen died as a result of her injuries.1 After the trio was arrested. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19962772.OPA.pdf">OPINION/ORDER</A><BR> I. STATEMENT OF THE CASE Defendants/appellees ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19962068.OPA.pdf">OPINION/ORDER</A><BR> The State's regulatory scheme prevents Miller from disclosing his CPA license to the public while performing accounting and tax services because he is employed by American Express. After discovery was completed. B. Factual Background Appellee Miller holds an active CPA license in the State of Florida and is the Managing Director of American Express in Tampa. As American Express is a wholly owned subsidiary of the publicly traded American Express Company. It is neither a professional service corporation nor owned entirely by CPAs (hereinafter </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ea50059bc5df2783882569520074e699/e165120c2c55c1e788256e5a00707bef/$FILE/0010384.pdf">OPINION/ORDER</A><BR> His father was an alcoholic who regularly beat him as a child. He had a diminished capacity under U.S.S.G. § 5K2.13.2 The Government argued that Walter's childhood abuse was not an appropriate ground for departure. Walter asked for an evidentiary hearing so he could 1 Walter's sentence was at the low end of the guideline range. The guidelines under which Walter was sentenced sets forth a range from 4151 months. The court refused to grant a downward departure on the grounds of childhood abuse because when Walter was thirteen years old. This suggested to the court that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ea50059bc5df2783882569520074e699/69b64e0f6732ff1f88256b7300037cb8/$FILE/0010439.pdf">OPINION/ORDER</A><BR> Persuades us that a reversal and remand is in order. Was forced to the floor and handcuffed. He then was seated at his kitchen table for questioning and shortly thereafter was provided underwear with which to cover himself. Banks maintains that he was under the influence of drugs and alcohol during the interrogation. Testified that they perceived no indications that Banks was under the influence. Banks also asserts that he was nervous and intimidated by a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-41248.0.wpd.pdf">OPINION/ORDER</A><BR> The Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. He was authorized to reduce charges in misdemeanor cases. Cisneros' clients who were arrested for the underlying offenses and Rodriguez testified against Cisneros. Voas testified that alcohol is the most important factor in fatal automobile accidents which cause congestion of highways. Count 2 charged Cisneros and Rodriguez with extorting money from Cesar Adams who was charged with DWI. The Hobbs Act is unconstitutional because Congress exceeded its power under the Commerce Clause. This argument is foreclosed by this court's decisions in Rubio and Villafranca. Were also charged with extortion in violation of the Hobbs act and conspiracy to commit extortion in violation of the Hobbs Act. We stated the following in Rubio: While the vast majority of the counts against Rubio and Castaneda are controlled by Villafranca. The government's expert testified that drinking and driving is likely the major factor in highway accidents. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/08/053831P.pdf">OPINION/ORDER</A><BR> Ferguson transferred Belde to the night shift at a Minnesota warehouse where his primary responsibilities were operating forklifts and cranes to load and unload delivery trucks. Ferguson's headquarters notified the Minnesota warehouse that Belde and a full time driver were randomly selected for mandatory federal testing. I was out partying. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/04opinions/04-7001.html">SHEDDEN V. PRINCIPI<BR></A><BR> Argued for respondent <span class=SpellE>appellee</span>.<span style='mso spacerun:yes'>  </span>With him on the brief were <u>Peter D. <span class=SpellE>Keisler</span></u>. Director.<span style='mso spacerun:yes'>  </span>Of counsel were <u>Michael J. <span class=SpellE>Timinski</span></u>. We conclude that this error was harmless. Mr. <span class=SpellE>Shedden</span> made a claim for service connection for a psychiatric disorder that the Department of Veterans Affairs ( VA ) Regional Office ( RO ) denied in a February 1980 rating decision.<span style='mso spacerun:yes'>  </span>In a 1982 rating decision the RO denied Mr. <span class=SpellE>Shedden s</span> claim for service connection for posttraumatic stress disorder ( PTSD ).<span style='mso spacerun:yes'>  </span>Neither of these decisions was appealed. Be reopened because of new and material evidence.<span style='mso spacerun:yes'>  </span>The RO denied this request in July 1988.<span style='mso spacerun:yes'>  </span>That decision was appealed. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001402.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Burch was admitted to Coastal Carolina Hospital </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/july97/95-4178.wpd.html">FOOTE V. SPIEGEL<BR></A><BR> Appeal the partial summary judgment denying them qualified immunity against Kristin Foote's claims under 42 U.S.C. 1983 that she was illegally detained and subjected to a strip search. I. Foote was driving her vehicle north in the left lane of Utah Highway 89 (a four lane undivided highway with a speed limit of 55 mph and no posted minimum speed) in the early afternoon of May 8. Her four year old daughter was in the back seat. Was in the front passenger seat. Tattoos were visible on his arms because he was wearing a tank top. It did have a temporary paper registration permit on the left rear window. Howe was driving his patrol car north in the right lane of Highway 89. Howe testified he could see the handwritten date on the registration which had bled through the paper and he thought it might have been altered. That traffic was piling up behind her vehicle. The district court found the tape showed Foote was keeping up with traffic. The videotape indicates there is an intersection with traffic lights and a left turn lane. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/09/021845P.pdf">OPINION/ORDER</A><BR> He was sentenced to be executed. His motion for state post conviction relief filed pursuant to Missouri Supreme Court Rule 29.15 was overruled. Were affirmed in a consolidated appeal taken to the Missouri Supreme Court. Made by the prosecutor in his closing statement when he was speaking of conversations Brown had with his wife. Is the story that he told Kathy Moore strange and other worldly? Is the story that he told the police strange and other worldly? This is a strange. You have heard uncontested testimony from Ms. The point I'm trying to make is not that his statement about Janet Perkins is necessarily ­ that his statement about the murder of Janet Perkins is evidence of his guilt in this case. It is not. It is a strange. That both of the strange stories he told to his wife and to the police on videotape are consistent with a very. As Brown suggests it should have. His Rule 29.15 counsel did not properly present a claim that trial counsel was ineffective for failing to object to the prosecutor's remark. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/03/041532P.pdf">OPINION/ORDER</A><BR> Steven Anthony Sera was convicted by an Arkansas jury on eight criminal counts related to his use of Rohypnol. The District Court granted Sera's petition on the ground that the evidence was insufficient to support a finding of rape. One of the women was Mrs. Charges were brought against Sera in Arkansas. We are called upon here only to address Sera's conviction in Arkansas for the rape of Deal. After hearing that a lumber mill was closing in Warren. Prompting Deal to ask what was taking him so long. Sera replied that he was mixing himself a drink. Sera drove her to the bed and breakfast at which he was staying in Warren. While Deal was unconscious and without her consent. These actions were recorded on the videotape found by Mrs. Her cousin testified that Deal </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061820np.pdf">OPINION/ORDER</A><BR> Which was at the top of the advisory guideline range. Is unreasonable. We will affirm. I. The facts critical to a resolution of the sentencing issue raised on this appeal are those set forth in the Presentence Investigation Report ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0205n-06.pdf">OPINION/ORDER</A><BR> These defendants have timely appealed. Joel Hollenbaugh and Sharon Brewer were involved in a minor traffic accident in Wooster. Rotolo observed Brewer in the driver seat and Hollenbaugh in the passenger seat of the U Haul vehicle that they were driving. Was not sure because there was an overbearing smell of body odor. Rotolo was The facts in this case are disputed. We are obligated to construe the facts in the light most favorable to Hollenbaugh. After Brewer confirmed that Hollenbaugh was the driver of the vehicle. He asked to locate Hollenbaugh and was told that he was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F2BAE9E10D35B8718825707000540332/$file/0450170.pdf?openelement">OPINION/ORDER</A><BR> Stephens was on supervised release as part of his sentence following the entry of a guilty plea to importation of marijuana. The issue we confront in this appeal is whether the district court improperly delegated its authority to determine the number. Was an order of the district court. There was no improper delegation of Article III judicial authority to the probation department as to whether Stephens would participate. In addition to the number of tests that are ordered as part of his supervised release. Was an improper delegation of the district court's duty to set the maximum number of non treatment drug tests to which Stephens would be subjected during the course of his supervised release. Stephens was indicted on December 6. He pled guilty to count 1 of the indictment and was sentenced on June 12. He was also required to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/06/98-2172.htm">98-2172 -- GUZMAN V. WILLIAMS -- 06/28/1999<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> This case is before the court on Michael Anthony Guzman's application for a certificate of appealability ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/06/98-7098.htm">98-7098 -- FROMME V. APFEL -- 06/16/1999<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Claimant William L. When he was thirty nine years old. Stated that the only change in his condition was that his heart fluttered when he was overheated. <u>See</u> <u>id.</u> at 87 88. <p> Claimant's medical records. Impairments which are severe but which do not meet or equal the criteria of any listed impairment. That he was unable to perform his past relevant work as a carpenter and a laborer. Finding that claimant's statements concerning his impairments and their impact on his ability to work were not fully credible. The ALJ determined that there were other jobs claimant could perform and thus he was not disabled. <p> After considering additional argument submitted by newly retained counsel for claimant. The ALJ did not have the evidence necessary to meet the Commissioner's step five burden of showing he retained the functional capacity to work. The district court failed to analyze the case under the correct step five burden. <p> Our review of the agency's decision is limited to determining whether the decision is supported by substantial evidence in the record as a whole and whether the correct legal standards were applied. <u>See</u> <u>Castellano v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/07/98-6021.htm">98-6021 -- ROBEDEAUX V. GIBSON -- 07/08/1999<BR></A><BR> Petitioner James Glenn Robedeaux was convicted of first degree murder in Oklahoma County District Court for the death of Nancy McKinney. That relief was denied by both the trial court and the Oklahoma Court of Criminal Appeals. <u>See</u> <u>Robedeaux v. A piece of her arm and hand were found several months later scattered over three counties in central Oklahoma. The jury concluded that Robedeaux was a continuing threat to society. That the murder was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E7FEC259D3407CA68825728B00034B6E/$file/0515151.pdf?openelement">OPINION/ORDER</A><BR> Concluding that Holcombe's claims were precluded by the state court's affirmance of an administrative decision upholding her termination. Contending that her First Amendment claims were not adjudicated in the state court proceedings. They were not actually litigated and are not precluded. Received an administrative hearing where she was represented by counsel. Holcombe filed an opposition and dismissed a defendant who is not a party to this appeal. 1 HOLCOMBE v. Which authorizes a state district court to remand or affirm the final decision of a state administrative agency if that decision was in violation of constitutional provisions. Because Holcombe could have raised her First Amendment claim when she appealed the ALJ's decision in state court. Her § 1983 claims were precluded under the principles of claim preclusion. All facts alleged in the complaint are presumed to be true for the purposes of analyzing a Rule 12(b)(6) decision. A district court's ruling on claim preclusion is also reviewed de novo. Claim preclusion bars litigation of claims that were or could have been raised in a prior action. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0339n-06.pdf">OPINION/ORDER</A><BR> Judgment was entered in favor of the defendants. Eric Dean was hired as Director of Power & Technology for the City of Bay City. Thought process was slowed. Palenick was terminated as City Manager on August 5. Robert Belleman was hired to replace Palenick as City Manager on August 9. Another performance evaluation of Dean was completed on November 21. A grievance hearing was held on December 8. This civil rights action was subsequently filed pursuant to 42 U.S.C. § 1983 on May 3. The Deans allege that Eric Dean was terminated in retaliation for engaging in protected speech under the First Amendment and in violation of his procedural due process rights under the Fourteenth Amendment. The district court denied the Deans' motion to amend on the grounds it was untimely and the amendment would be futile. An amended notice of appeal was filed on April 24. The Federal Rules of Appellate Procedure require litigants in civil cases to file a notice of appeal </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/03/012526P.pdf">OPINION/ORDER</A><BR> Keane Vallie was convicted by a jury of sexual abuse under 18 U.S.C. § 1153 and § 2242(2)(A) and incest under 18 U.S.C. § 1153 and North Dakota Century Code §§ 12.1 20 11. Vallie was at the home of his sister. She was awakened by a man having sexual intercourse with her. The man was behind her and said nothing. Martell did not suspect that he was not her husband. The man pulled up Martell's underwear and covered her when he was finished. Which aroused her suspicions because this type of behavior was not like her husband. Martell spoke to the man as he was leaving the room. She saw then that he was Vallie. Vallie was indicted for sexual abuse. The case was tried before a jury which convicted on both counts. United States District Court for the District of North Dakota. 2 1 Vallie asserts that the district court erred by admitting the DNA evidence because it was obtained from items that were collected by Martell's sister and that lacked a proper chain of custody. Martell's bedding and underwear were potential sources of highly relevant evidence since she claimed she had been sexually assaulted. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/03/98-2267.htm">98-2267 -- UNITED FOOD & COMMERCIAL WORKERS UNION V. ALBERTSON'S -- 03/16/2000<BR></A><BR> At the time this litigation was filed. Federal jurisdiction was soundly based on </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/07/97-6065.htm">97-6065 -- MOORE V. REYNOLDS -- 07/13/1998<BR></A><BR> We affirm. <p> <center>I.</center> <p> Moore was convicted of robbery in 1978 and served three and a half years in state confinement. Where Alex Fernandez was working the night shift. He was unsuccessful. Moore called Fernandez to ask if there were any rooms available. Moore told Caster she was to open the cash register while he tied and gagged Fernandez. <p> Moore and Caster drove to the Airline Motel and parked behind the motel. As Caster was attempting to wipe away her fingerprints. There was no answer and they drove to a cafe. Moore said </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/FFF79ACA6427EF7988256ABF007BC839/$file/9856842.pdf?openelement">OPINION/ORDER</A><BR> Two utility workers were terminated after their company learned from its medical review officer. Whom the company believed was a licensed physician. The medical review officer was arrested for impersonating a licensed physician. Once the workers' union learned that the medical review officer was an imposter. We have jurisdiction under 28 U.S.C. § 1291. Appellants Lorenza Wilson ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/02/941600P.pdf">OPINION/ORDER</A><BR> Oxford House C and Oxford House W are self supporting. Oxford House C and Oxford House W are located in St. After city inspections revealed that more than eight recovering men were living at each Oxford House. The City's limits on the number of unrelated people who can live together in a single family residential zone are exempt from the Act's requirements. Not ordinances like the City's that are designed to promote the family character of a neighborhood. The City does not contest the district court's conclusion that the Oxford House residents are handicapped within the meaning of the Fair Housing Act because they are recovering addicts. The issue is whether the City has unlawfully discriminated against. Allows group homes to have up to eight handicapped residents. The district 4 court nevertheless found the City's zoning ordinances are discriminatory because the eight person limit would destroy the financial viability of many Oxford Houses. We conclude the eight person rule is rational. Cities have a legitimate interest in decreasing congestion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/07/02-6158.htm">02-6158 -- SCHWARZ V. BARNHART -- 07/16/2003<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Claimant Mary A. After her applications were denied at the first and second administrative levels. Claimant was represented by counsel at the hearing. <p> In addition to the evidence contained in her medical records. Crawford was the clinical director of New Horizons Community Counseling and Mental Health Service (New Horizons). It was her opinion that claimant met the social security listing for major depression most of the time. <em>Id.</em> . 12.04 may be present in that a significantly depressing aspect of this claimant[']s life is the well documented chronic pain syndrome secondary to her diagnosed [medical conditions]. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/jan97/95-2210.wpd.html">AUDUBON SOC. V. UNITED STATES FOREST SERV.<BR></A><BR> Holding that they are not exempt from disclosure. Background The Forest Service is responsible in part for protection of fish and wildlife on national forest system lands. The standard of review of a grant of summary judgment is de novo. Our review is therefore de novo. FOIA is to be broadly construed in favor of disclosure. Its exemptions are to be narrowly construed. Renews its argument that the owl maps are exempt from disclosure. Government information is exempted if: (1) the information falls within the language of the exemption that is. It relates to the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/02/951098P.pdf">OPINION/ORDER</A><BR> Reeves was convicted of two counts of felony murder and sentenced to death by the State of Nebraska. His convictions and sentences were affirmed by the Nebraska Supreme Court both on appeal and in postconviction actions. Was in a near stupor when he left to go visit Ms. Mesner and Reeves1 were distantly related. Mesner was stabbed seven times. Who was visiting with her young daughter. Walked in on the struggle and was also stabbed by Reeves. Lamm's wounds were almost immediately fatal. Mesner was able to make her way downstairs to summon help. Reeves was arrested and given Miranda warnings. Reeves stated that he was too drunk to remember much. Reeves is an American Indian who was adopted and raised by a Quaker family. 2 1 Reeves' blood alcohol level was .149 when it was tested approximately three hours after the assault. Reeves' blood alcohol level may have been as high as .230 at the time of the crimes. There was conflicting testimony as to whether the peyote buttons he ingested would have exaggerated or counteracted the effects of the alcohol. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/05/053143P.pdf">OPINION/ORDER</A><BR> A four count superseding indictment was filed against Medicine Horn. A jury trial was held in April 2005. Who was then fifteen years old. Both EFH and Medicine Horn were drinking alcohol during the party. As the party was thinning. After which Medicine Horn left.3 We refer to all witnesses who were minors at the time of the events by their initials. Medicine Horn's defense at trial was that he never had sex with EFH. He 23 2 Evidence was also presented that in March 2004 a small group of people gathered at a building on the powwow grounds to drink alcohol. Who was then thirteen years old. Medicine Horn were both present and were eventually the only two people remaining in the building. She was alone. Her shirt was ripped. Her pants and underwear were down. She was bleeding from her vagina. Her jaw was sore. Who claimed to have been sexually assaulted by Medicine Horn when they were minors. When she was seventeen years old. Medicine Horn arrived and twice forced her to have sexual intercourse with him. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0209p-06.pdf">OPINION/ORDER</A><BR> Appeals from the district court's denial of his motion for summary judgment on the ground that he is entitled to qualified immunity with respect to Plaintiff Appellee Christopher Sample's Fourth Amendment claim of excessive force. The court held that summary judgment was inappropriate because Christopher Sample ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/07/963515P.pdf">OPINION/ORDER</A><BR> Chatman contends he should have been In addition. Allen activated his Allen testified that the radar screen indicated that both The radar device does not produce any kind of record vehicles were traveling at 75 miles per hour. The white Chrysler was driven by a white male and the blue Cadillac was driven by a Allen testified that he observed the Cadillac's brake lights Allen passed the Cadillac. Allen approached the blue Cadillac which was being driven by Appellant Chatman. Allen asked Allen also asked Chatman Chatman for his license and vehicle registration. where he was heading. Chatman said that he was traveling to Chicago for a wake for Waldo Jackson. The rear side Allen said windows and rear window of the Cadillac were darkly tinted. aroma of alcohol. He smelled the State Troopers are not required to keep copies of warning tickets and Allen 3 that he issued. The incident was not videotaped. Allen testified that the videotape camera normally in his vehicle was being repaired at the time of the stop. Allen then returned to Chatman's vehicle. responded that it was his girlfriend. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/961847.P.pdf">OPINION/ORDER</A><BR> Caption 2 the case number shown as No. 96 1896 is corrected to read </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/97/10/971786U.pdf">OPINION/ORDER</A><BR> The BATF sent notice to Sturdy that his license was being revoked. The Court found that the evidence of Sturdy&s </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/12/003457P.pdf">OPINION/ORDER</A><BR> Even if his conviction were lawful. His sentence is unconstitutional in light of the Supreme Court's decision in Apprendi v. Because we find that the District Court properly denied Wheat's motion to suppress and that the Apprendi error was harmless. Was being driven erratically in the northbound lane of Highway 169. The caller complained that the Nissan was passing on the wrong side of the road. Who was sitting in the front passenger seat. There were no other passengers. A check disclosed that Wheat's license was suspended but that notice of the suspension had The Honorable Mark W. Because Officer Samuelson was unfamiliar with the procedure for service. Because Officer Samuelson had noticed that the driver's hands were fidgeting. As Officer Samuelson was walking around toward the passenger side. Because it was raining during the duration of the stop. The dryness of the bag was remarkable. Wheat was indicted by a grand jury on one count of possession with intent to distribute more than 50 grams of a mixture or substance containing cocaine base. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTA4MzEtY3Zfb3BuLnBkZg==/04-0831-cv_opn.pdf">OPINION/ORDER</A><BR> Georgi vodka is sold primarily in New York state. Is one of the top selling vodkas in the New York metropolitan area. It is generally cheaper than the leading nationally distributed vodkas. Bacardi is the largest selling brand of hard liquor in the United States. Inc. is one of the leading producers of beers and malt beverages in the United States. A new label was designed. The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/991242.P.pdf">OPINION/ORDER</A><BR> I. Appellant Philip Saccacio is prohibited under 18 U.S.C. § 922(g)(1) from possessing. Because he was previously convicted of a crime punishable by imprisonment for a term exceeding one year.1 Two years ago. Provided as follows: [N]one of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under 18 U.S.C. 925(c)[.] 1 Saccacio was convicted of making a false statement to a federal agent. Which provides in relevant part: Any person whose application for relief from[federal firearms] disabilities is denied by the Secretary may file a petition with the United States district court for the district in which he resides for a judicial review of such denial. We conclude that the jurisdictional requirement of section 925(c) is not satisfied merely by the ATF's failure to process Saccacio's application. Because the ATF's failure to investigate or act upon Saccacio's application is not </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-5190a.html">DICKSON D. V. SECY DEF<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/08/01-6258.htm">01-6258 -- SPEARS V. MULLIN -- 08/12/2003<BR></A><BR> Were cruising around Pauls Valley. They were joined at various times by Powell. Spears began driving the truck because Thompson was intoxicated. Daniels that he was going to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/001777.P.pdf">OPINION/ORDER</A><BR> Because BATF's issuance of the letter was limited to federal firearms licensees who had violated federal law in failing to comply with firearms trace requests. The system is designed to assist law enforcement agencies in criminal investigations. FFLs are required to provide information such as the purchaser's name. FFLs are also required to respond to BATF trace requests within 24 hours. BATF adopted new internal procedures because some FFLs were not adequately complying with its trace requests. Plaintiffs claimed that the letter was invalid because it had been issued by an official who lacked authority to do so. The regulations are prescribed either by the Secretary of the Treasury or the Secretary's delegates. FOPA was intended to reduce the regulatory burden on law abiding firearms owners without incapacitating 1 27 C.F.R. § 178.126(a) states. The current regulation is otherwise identical to the version prescribed in 1968. Two provisions of FOPA are relevant to this case. In relevant part: The Secretary may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter. . . . </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/047C5959BA1509F588256E5F00810071/$file/0115512.pdf?openelement">OPINION/ORDER</A><BR> Whether there was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/002086.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Powell was stopped by Virginia State Police Officer Wilborn for repeatedly driving his vehicle across the center line. Powell asserts he was passive and compliant. Wilborn asserts Powell was verbally abusive and resisted arrest. It is undisputed that Officer Wilborn sprayed pepper spray on Powell's face. Powell asserts he was sprayed five times. While Wilborn asserts he was sprayed twice. Arguing that it was not relevant based on Daubert v. Objected to the testimony of the effect of Powell's prescription medicine because the witness was not a medical doctor. Both the motion and objection were overruled. Adding the additional claim that his blood alcohol concentration was previously adjudicated. Readjudication here is barred by collateral estoppel. We have reviewed the record and find no abuse of discretion or plain error. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-3039a.html">USA V. HARRISON GEORGE<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CADBD19AC560D6E988256E7B0082D015/$file/0157166.pdf?openelement">OPINION/ORDER</A><BR> Arredondo was convicted by a superior court jury in April 1999 of assault by means of force likely to produce great bodily injury and battery with serious bodily injury in violation of Califor 5200 ARREDONDO v. The only issue before us is whether the trial court violated Arredondo's Sixth Amendment right to present a defense by refusing to order a witness to testify after the witness invoked his Fifth Amendment privilege against self incrimination as to prior convictions and pending charges. They were friends and occasionally borrowed money from each other. Who was intoxicated. Told Arredondo he did not have the money and asked him to leave. Reed was too intoxicated to fight back. Was hospitalized for four days. Arredondo's version was quite different. Who was facing an alcohol theft charge in an unrelated Three Strikes case in which four prior convictions were alleged. Was represented by Deputy Public Defender Peter Swarth. Swarth also acknowledged that it would be reasonable to question Hansen about his pending charge because theft is a crime of moral turpitude. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/may2001/00-12827.man.html">WILSON V. JONES (5/23/2001, NO. 00-12827)<BR></A><BR> Who was detained at the Shelby County Jail after being arrested for driving under the influence of alcohol. Because we hold that Defendant Sheriff James Jones is entitled to qualified immunity. Wilson was taken to the Shelby County Jail. She was required to remain until the following morning. Because the Shelby County Jail does not have separate facilities to hold temporary female detainees. Wilson was placed in a cell within the general female population of the jail.</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/04/023798P.pdf">OPINION/ORDER</A><BR> Was randomly selected for a drug test and failed to provide a urine sample. Which was served on King and filed with For ease of reference we generally refer to the FAA even though the Administrator acts as its representative. 1 the National Transportation Safety Board to initiate proceedings for permanent revocation. The FAA is the primary administrative agency involved in aviation safety. The Board is an independent agency which also has responsibilities for aviation safety. It is the FAA which establishes and enforces certificate regulations. The Board is not a party in interest in federal court proceedings and does not typically participate in them. He was notified of his random selection for a drug test that day. There is no dispute that King arrived at the testing site on time at 4:45 p.m. He talked with a union representative who was already there and completed preliminary paperwork with the collector. Ortiz is a breath alcohol technician and drug screener for Consolidated Medical Services in Bloomington. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-2322_011.pdf">OPINION/ORDER</A><BR> Krieg was a member of American Federation of State. Employees who were hired prior No. 06 2322 3 to September 10. 2000 were exempt from this requirement under a grandfather clause in the agreement.1 Krieg opted not to obtain a CDL. Krieg was never involved in any accidents during his employment. The City should not have subjected him to urinalysis without probable cause. The City eventually reinstated Krieg after conceding that his testing was improper. The manual stated that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021367.P.pdf">OPINION/ORDER</A><BR> Are unconstitutional by virtue of the dormant Commerce Clause. Who are permitted to sell directly to consumers. The district court held that Virginia's ABC laws unconstitutionally discriminated against out of state wine and beer manufacturers and sellers and were not saved by the Twenty first Amendment. Since this case was argued. These statutes modify portions of some of the statutes that are subject to this appeal and. Because the relief that plaintiffs seek is only prospective. The recent statutory enactments change the circumstances on which the district court's opinion was based and therefore alter the issues presented to us for decision on appeal. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/common/opinions/200203/00-5346a.txt">OPINION/ORDER</A><BR> With him on the briefs was Richard P. With him on the brief were Roscoe C. Circuit Judge: Appellants are federal prisoners who are practicing Catholic Christians. Prison officials have allowed inmates to consume wine under supervision during Communion. Only the supervising chaplain is per mitted to consume the wine. A prison regulation that impinges on inmates' constitutional rights is valid if it is reasonably related to legitimate penolog ical interests. The District Court granted summary judgment for the prison officials on the ground that consuming wine during Communion is not an essential aspect of appellants' religious practice. I. Background Appellants are incarcerated at the Federal Prison Camp in Pensacola. They are self described Catholic Christians who were baptized as children. Which is also called Holy Communion. Communion is traditionally adminis tered by a priest. This transformation is called transubstantiation. Appellants stated their belief that it was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=97-1448.01A">OPINION/ORDER</A><BR> Were on brief. Among these was a handwritten statement appended to the PSI Report. In which the appellant admitted to purchasing guns knowing that he was legally forbidden from doing so. Also for what might happen to her children if she were slaughtered. On several occasions I thought I was going to die before he let me up. . . . Pertinent portions of which are reproduced in the Appendix. The court added that a sentence of that magnitude was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=93-1893A.01A">OPINION/ORDER</A><BR> Brady were on brief for Rhode Island Liquor Stores Association. Was on brief for State of Rhode Island. Lawson with whom Lawson & Weitzen was on brief for plaintiffs appellees. Was among the earliest to ratify the Twenty First that repealed it. The </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992279.P.pdf">OPINION/ORDER</A><BR> Is a violation of § 1 of the Sherman Act. That Maryland's liquor regulatory scheme is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar99/98-8265.opn.html">CAMPBELL V. SIKES (3/19/1999, NO. 98-8265)<BR></A><BR> Plaintiff Appellant Kimberly Campbell was transferred to the Georgia Women's Correctional Institution ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0365n-06.pdf">OPINION/ORDER</A><BR> I The facts of the case are quite straightforward. Were adequately set forth by the district court in its opinion and order of July 25. ATF agents have inspected Pro Gun four times to ensure compliance with ATF procedures. ATF notified the Petitioner that his application was on hold during the pendency of assault charges then pending against him in state court in Cuyahoga Falls. Procaccio was later acquitted of those charges. A hearing was held at the ATF Columbus Field Division. As is his right under 18 U.S.C. § 923(f)(3). Petitioner was cited for incomplete Forms 4473 at each inspection. The inspectors found that the Petitioner's log book was incomplete on three occasions. That he was not filling out Forms 3310.4 as required on two occasions. That he was failing to provide required information to purchasers on one occasion. These forms and disclosures are required by ATF regulation. Procaccio can be said to have </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/0119.P.pdf">OPINION/ORDER</A><BR> Desmond Keith Carter was convicted by a state court jury in Rockingham County. Carter's Sixth Amendment claim of ineffective assistance is without merit. I. Carter was indicted on April 6. He was again indicted. Carter was tried and convicted in the Superior Court of Rockingham County for the first degree murder of Mrs. He was also convicted on the related charge of robbery with a dangerous weapon. Which the judge imposed.1 Carter was also sentenced to a consecutive forty year prison term for the robbery. An MAR is not exactly the same as a habeas corpus petition but. Stat. § 15A 1401. 4 The four claims disposed of by the PCR Court in MAR Order I were: (1) denial of a fair trial due to failure to refrigerate a blood sample taken 1 4 CARTER v. LEE conducting an evidentiary hearing on the MAR's remaining claim whether counsel's advice to Carter that he should testify in his own defense during the guilt phase of his trial was constitutionally ineffective ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jun1998/98a1893p.txt">OPINION/ORDER</A><BR> That the First Amendment was not violated because the advertising space at issue did not constitute a public forum and because SEPTA acted reasonably in removing the posters. We have determined that SEPTA intended to create a designated public forum. I. Background SEPTA is an </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/04/05/031788P.pdf">OPINION/ORDER</A><BR> She was denied benefits at each stage of the administrative process. Duncan was 48 years old at the time of the hearing before the administrative law judge (ALJ). Various men in her life have sexually abused her. The ALJ found that Duncan's impairments were severe. Of which there were a significant number of jobs both in Iowa and the national economy. Foot problems were severe enough to preclude her from working. (2) found that Duncan's limited lifetime earnings was a substantial inducement to allege disabling symptoms. (4) stated that no treating physician has offered an opinion that she is disabled because of her physical limitations. That Duncan was disabled because of her physical and mental limitations. Duncan's restrictions are self limiting and based on a lack of motivation to work. 2 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/03/051543P.pdf">OPINION/ORDER</A><BR> The district court determined that the advisory guidelines sentence was thirty seven to forty six months. It is undisputed that Myers hit and kicked Gary and that Myers used the offending firearm in connection with this assault. Gary was treated for facial injuries. The shotgun was The facts are gathered primarily from the Presentence Investigation Report. Discrepancies have been noted. 2 1 determined to have a sixteen inch barrel and an overall length of twenty three and nine sixteenths inches. There was no written plea agreement filed with the court. The district court determined that the guidelines sentence was thirty seven to forty six months. The guidelines sentence was calculated from a base offense level of eighteen. A four level increase because the firearm was used in connection with another felony offense. Since the gun was not readily capable of launching a missile or otherwise being a destructive instrumentality. The court found that probation was inappropriate. We have determined that a sentence imposed within the guidelines range is presumptively reasonable. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan2000/993071.txt">OPINION/ORDER</A><BR> We must again consider whether a prison cook supervisor is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/12/98-5135.htm">98-5135 -- IWANSKI V. OKLAHOMA DEPT. OF CORRECTIONS -- 12/14/1999<BR></A><BR> Plaintiff sought damages resulting from Iwanski's death while he was incarcerated at Northeastern Oklahoma Correctional Center (NOCC). Summary judgment is appropriate where no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. Iwanski and Kevin White were incarcerated at NOCC. Which was adjacent to NOCC. Because the rooms at Adams Hall were larger than those previously used at NOCC. The two foot long metal pipes previously used to stack the beds were placed into the closet of each of the inmates' rooms. <p> On February 4. The building in which Iwanski was housed. Questioned whether White was still housed in Building 14. Where Iwanski was sleeping. When the guards were notified that Iwanski was injured. Alleged that numerous Defendants were deliberately indifferent to Iwanski's safety. By improperly performing the procedures that were required. She alleged also that Defendants were deliberately indifferent to Iwanski's medical needs after the attack. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7F6A731E43C46E2A88256E5A00707CAD/$file/9856842.pdf?openelement">OPINION/ORDER</A><BR> Two utility workers were terminated after their company learned from its medical review officer. Whom the company believed was a licensed physician. The medical review officer was arrested for impersonating a licensed physician. Once the workers' union learned that the medical review officer was an imposter. We have jurisdiction under 28 U.S.C. § 1291. Appellants Lorenza Wilson ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/961371.P.pdf">OPINION/ORDER</A><BR> Circuit Judge: The main question in this case is whether a North Carolina tax on illegal drugs is in reality a criminal penalty. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D9D6DB197E87E1F188256F780000E7E9/$file/0335081.pdf?openelement">OPINION/ORDER</A><BR> Lambert filed a Personal Restraint Petition in the Washington Court of Appeals attacking his plea on the grounds that he was provided ineffective assistance of counsel and the plea was not knowingly. Failed to advise him that he should not plead guilty because he would receive the same sentence if he were convicted after a trial. (3) Romero labored under an actual conflict of interest created by his association with an indigent defense firm that was also representing Lambert's co defendant. Lambert also reasserted the allegation that his guilty plea was not knowing. Voluntary and intelligent because he was unaware that the sentence set forth in his plea agreement life in prison without the possibility of parole truly meant that he would never be released. BLODGETT 17319 also concluded that Lambert was entitled to habeas relief on the ground that his plea was not knowing. Voluntary and intelligent because he was unaware of the punishment he would face. Lambert cross appeals the issues on which he was denied relief. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/sept97/96-5028.wpd.html">LAWMASTER V. WARD<BR></A><BR> Lawmaster's house while it was unoccupied. When there was no answer. Each version will be set out below. B. Facts according to the Agents Two affidavits were filed along with the motion for summary judgment: one from Agent Ward. One of which was an older dog that was unable to move and was lying in its own excrement. The gas service was temporarily disconnected to prevent a second source of ignition. Determined it was missing a complete firing circuit. After the bomb squad concluded the house was free of explosives. Agent Ward conducted a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/08/97-6435.htm">97-6435 -- BRYSON V. WARD -- 08/06/1999<BR></A><BR> Fourteenth Amendments when it determined he was competent to stand trial. BACKGROUND <p> Bryson first met his co defendant Marilyn Plantz in late 1987 or early 1988 when he was sixteen and she was in her late twenties and married. McKimble was a teenager. McKimble knew that Bryson and Plantz were romantically involved. Plantz was abusive and that she wanted to kill him to obtain life insurance proceeds. Third suggestion was that Bryson and McKimble push Mr. None of these schemes was carried out. <p> On August 17. One of Marilyn Plantz's schemes was carried further but ultimately failed. They were unable to carry out the plan because Mr. Farris was arrested for unrelated reasons. <p> On August 25. McKimble were together. Plantz was beaten so badly. Plantz was insured for approximately $299. Plantz was alive. McKimble said that he had expected to be paid for the murder. <p> Bryson was interviewed by police detectives two times after the murder. PROCEDURAL HISTORY <p> Bryson was found guilty of first degree murder. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/04/042724P.pdf">OPINION/ORDER</A><BR> Rosebud Sioux Tribal Police Officer Andrew Martinez observed four cars that he believed were exceeding the speed limit. Who were standing in the front yard of the house. Who was eighteen years old. Schmidt is in dispute. It is clear that Mr. Schmidt then escaped and Officer Martinez tackled him but was unable to secure him before he escaped again. While Officer Martinez was effecting these arrests. When there was no 2 response. Schmidt by the belt as he was attempting to escape out a window. Schmidt wriggled free as Officer Martinez was escorting him to the living room. The defendant was not arrested until weeks after the incident. Schmidt's house violated the fourth amendment because it was not supported by exigent circumstances. The court concluded that the officer's entry was motivated by anger rather than exigency and that the officer abandoned his hot pursuit when he 3 turned his attention to arresting the others in the driveway. Schmidt's home was not justified by exigent circumstances. The same standards are applicable to their actions under the Indian Civil Rights Act of 1968. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/08/03-2256.htm">03-2256 -- ALDERETE V. BARNHART -- 08/31/2004<BR></A><BR> Alderete appeals a decision of the district court upholding the Social Security Commissioner's denial of his application for supplemental security income (SSI).<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0406p-06.pdf">OPINION/ORDER</A><BR> While that motion was pending. He concluded that each of Moore's ineffective assistance claims was either procedurally defaulted or meritless. That each alleged trial error was meritless. That the prosecutorial misconduct claims were procedurally defaulted. That the due process claim was procedurally defaulted and meritless. That the Miranda claims were procedurally defaulted. We may not grant a writ of habeas corpus unless we conclude that the state court's decision: (1) was contrary to. Or (2) was based on an unreasonable determination of the facts. A defendant (or petitioner) must show (1) that counsel's performance was deficient. The proceeding's result would have been different. Although Moore's counsel was deficient for failing to impeach Riddle. Therefore was not ineffective assistance under Strickland. Blair's alibi was not air tight he could have committed the murder and still been at the license bureau during Riddle's time frame. Even if the Kentucky court might have undervalued Riddle's testimony2 (so we could possibly disagree with its ultimate decision). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Oct2003/031358.pdf">OPINION/ORDER</A><BR> The district court had jurisdiction pursuant to 42 U.S.C. § 405(g) and we have jurisdiction over Newell's appeal pursuant to 28 U.S.C. § 1291. We will reverse the district court's order affirming the Commissioner's decision and instruct the district court to remand the case to the Commissioner for further proceedings consistent with this opinion. That she is (1) at least 50 but less than 60 years old. Who was 56 years old at the time of her hearing before the ALJ. Is the widow of wage earner Robert S. Her attorney indicated that her disability is based solely on her liver disease. Newell appealed and a hearing was held on February 9. B. Factual Background Newell was born on August 1. So that her disability had to have commenced by that date for her to be eligible 1. Newell was selfemployed doing part time consulting and craftwork. She worked occasionally with a friend who was a carpenter. Could not afford medical care at that time because she was uninsured. Most of the evidence in her record is comprised of doctors' reports dated post August 31. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/049003p.pdf">OPINION/ORDER</A><BR> Was convicted by a Delaware jury 2 of. His direct appeals and post conviction claims in state court were unsuccessful. (All city or town references are in Delaware.). Mannon's body was discovered along a road in a deserted area of East Wilmington at approximately 11:00 a.m. on January 12. He was found lying on his back with his legs crossed and the top of his head shattered. Mannon's pockets were turned inside out. His identification cards were scattered nearby. A broken ballpeen hammer handle rested a few feet away from his body and the head of that hammer was located behind a nearby fence along the road. Nelson Shelton and Gibbons were stopped by New Castle County police later that morning. He was taken to police headquarters and found to be in possession of two gold rings that were Mannon's. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/84647CEAD734C49388256C060080D7C3/$file/0115835.pdf?openelement">OPINION/ORDER</A><BR> Was shot and killed in front of the A/C Pizza and Deli in Sacramento. There were somewhere between 50 and 200 patrons at the location that night. Many of whom were drinking and partying outside the establishment at the time the shots were fired.1 Among those present were members of both the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Oct2003/031358u.pdf">OPINION/ORDER</A><BR> The district court had jurisdiction pursuant to 42 U.S.C. § 405(g) and we have jurisdiction over Newell's appeal pursuant to 28 U.S.C. § 1291. We will reverse the district court's order affirming the Commissioner's decision and instruct the district court to remand the case to the Commissioner for further proceedings consistent with this opinion. 2 I. That she is (1) at least 50 but less than 60 years old. Who was 56 years old at the time of her hearing before the ALJ. Is the widow of wage earner Robert S. Her attorney indicated that her disability is based solely on her liver disease. Newell appealed and a hearing was held on February 9. B. Factual Background Newell was born on August 1. So that her disability had to have commenced by that date for her to be eligible for benefits. Newell was self employed doing part time consulting and craftwork. She worked occasionally with a friend who was a carpenter. Could not afford medical care at that time because she was uninsured. Most of the evidence in her record is comprised of doctors' reports dated post August 31. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/03/022705P.pdf">OPINION/ORDER</A><BR> Also dismissed were alleged statutory violations for omitting information required by 22 1 rel. An </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-1443.01A">OPINION/ORDER</A><BR> Is corrected as follows: Page 19. Wood was on brief for Eugene Anderson. McDermott were on brief for Boston School Committee. These are two consolidated appeals. One is brought by plaintiff Eugene Anderson. There are directed verdicts on seven counts which are contested by plaintiff1. At the end of which the court granted 1 The counts and the affected defendant(s) are as follows: I. We have meticulously reviewed both the transcript and the exhibits. We are compelled to conclude that there is no longer any discernible fire. In view of the fact that such ample opportunity was afforded below to pursue all avenues in support of the claims. Of which O'Neill was the principal. There was an obvious miscommunication. O'Neill felt that there was no vacancy because another teacher. Plaintiff finally was placed in the school. Plaintiff was asked to attend an orientation meeting. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F6232FFCE1D59BC68825714C0055CF8D/$file/0550112.pdf?openelement">OPINION/ORDER</A><BR> Argued the case and was on the briefs for the defendant appellant. Argued the case and was on the briefs for the plaintiff appellee. Were on the briefs for the plaintiff appellee. Is an ingredient in many over the counter cold medications. Both the United States and California have statutes prohibiting over the counter sales of drugs containing pseudoephedrine in certain instances. Jae Gab Kim was convicted of violating 21 U.S.C. § 841(c)(2). That [the pseudoephedrine] will be used to manufacture a controlled substance. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1234.01A">OPINION/ORDER</A><BR> Bockius LLP</U> were on the brief. Snyder LLP</U> were on the brief. Inc.</U> were on the brief.</FONT> <P><FONT FACE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2000/02/98-6457.htm">98-6457 -- WALKER V. CITY OF OKLAHOMA CITY -- 02/07/2000<BR></A><BR> Kansas was the proper suspect. The young woman was upset. State that she is 5'1 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-1019.01A">OPINION/ORDER</A><BR> Prince & Tye were on brief for appellee. See id. 12114(c)(4) (acknowledging that employer may </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-8103.wpd">OPINION/ORDER</A><BR> I. INTRODUCTION Defendant appellant Edgar Luna Santana was convicted by a jury of possession with intent to distribute cocaine. Luna Santana is appealing the denial (1) This order and judgment is not binding precedent. Trooper Dave Motsick was just finishing another traffic stop when he spotted a white Chevy Tahoe fitting the REDDI description traveling in the eastbound lane of I 80. Which is commonly known as the Fort Steele rest area. Later identified as Rodrigo (1) Trooper Dave Motsick testified at the suppression hearing that a REDDI report usually is a tip from an unknown source that someone may be under the influence while driving. (2) The entire encounter was videorecorded and the tape was admitted intoevidence before the district court. The tape was not designated as part of the record on appeal. Who told Motsick that he did not have a driver's license and that the vehicle was owned by Luna Santana. Who was sitting in the front passenger seat. There were two other passengers seated in the rear of the vehicle. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/03a0237p-06.pdf">OPINION/ORDER</A><BR> A pedestrian who was struck and killed by a truck. No. 02 1728 The tragic facts of this case are not in dispute. Terry Cartwright was walking on the foggy. Saw him on the side of the road while they were riding in their patrol car to the Speedy Q convenience store for a prisoner pickup. The officers stopped and asked Cartwright where he was going. Cartwright said he was traveling to Yale. Cartwright was run over by a truck and killed as he lay in the middle of 26 Mile Road. The autopsy report determined that Cartwright's blood alcohol level at the time of his death was .27 percent. A forensic pathologist determined that Cartwright's blood alcohol level at about 12:15 a.m. would have been in excess of .30 percent. Cartwright's speech would have been slurred. His eyes would have been red. He would have had trouble standing. That the City is liable for failure to train and supervise its police officers. Is appealable under 28 U.S.C. § 1291. The district court denied the defendants' motion for summary judgment based on its conclusion that there were genuine issues of material fact for trial. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0DC97BD5111E33578825730C004BD410/$file/0499010.pdf?openelement">OPINION/ORDER</A><BR> 2007 is hereby amended as follows: 1. 2. The word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/06/002943U.pdf">OPINION/ORDER</A><BR> Was sentenced to five years and three months of imprisonment to be followed by a threeyear period of supervised release. His supervised release was revoked for alcohol and drug use. Provancial's supervised release were substanceabuse treatment and abstinence from alcohol and drugs. A few days before his period of release was to begin. He was then sent to a work release program. He later failed two drug tests and was arrested for marijuana use. One of these factors is the sentencing range recommended in U.S.S.G. § 7B1.3. Which in this case was three to nine months. The provisions of Chapter Seven are merely advisory. The upper end of his sentencing range on revocation was two years. The District Court judged that the two year maximum sentence was appropriate because Mr. Had told his probation officer that he didn't see a problem with what he was doing. The District Court's judgment was not an abuse of discretion. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/049004p.pdf">OPINION/ORDER</A><BR> Steven Shelton was convicted by a Delaware jury of first degree murder and sentenced to death. Shelton argues first that trial counsel was ineffective in investigating and presenting mitigating evidence at the penalty phase of his trial. Shelton asserts that his right to a fair sentencing hearing was violated by the trial court's limitation on the scope of his allocution. We agree with the District Court's ruling that Shelton's counsel was not ineffective in his investigation and presentation of mitigating evidence and that Shelton's right to a fair hearing was not violated by the trial judge's limitation of Shelton's statement (called allocution) to the sentencing jury. I. FACTUAL AND PROCEDURAL BACKGROUND 1 The factual and procedural background of this case is well documented in the prior opinions of the District Court and the Delaware state courts. Mannon's skull was completely shattered. His pockets were turned inside out. His empty wallet was lying on the ground nearby. Outten and the two Shelton brothers were indicted for first degree murder. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0386n-06.pdf">OPINION/ORDER</A><BR> Because his state appointed attorney was not constitutionally ineffective in representing Vinson at trial. Evans was awakened by the sound of Vinson The Honorable James L. The two were still struggling when the Michigan state police arrived 20 minutes later. Hentchel advised that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-3241.wpd">OPINION/ORDER</A><BR> Crass' sentencing guidelines range was 97 to 121 months of imprisonment. Because the statutory maximum penalty for a violation of 21 U.S.C. 843(b) is (1) This order and judgment is not binding precedent. Crass' guideline range was capped at forty eight months pursuant to U.S.S.G. 5G1.1(a). Which was driven by Ms. Was a passenger in the Jeep. Crass were placed in custody and transported to police headquarters. The Pontiac was located later and two pounds of marijuana were found inside. She also informed the police there was approximately one half pound of methamphetamine at her house. Whether the factors the district court relied upon are </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9F2D0E6B6C3941E788256E0100727307/$file/0216508.pdf?openelement">OPINION/ORDER</A><BR> Presiding *The Honorable Arnold Schwarzenegger is substituted for his predecessor. Circuit Judge: Plaintiffs are California card clubs and charities that are prohibited under California state law from offering casinostyle gaming. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-3.gif" ALT="347"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=0