skip navigation


Search the opinions of the US Circuit Courts of Appeal

Search for:
use and, or, not -- and is default
* acts as wildcard, phrases in "double quotes"
This collection has many hidden limitations. To find out what you're really searching, see the disclaimer .

Your query children returned 8465 results.

Your search has returned a large number of results. You might want to consider using additional terms to narrow it.

1000 OPINION/ORDER
Placed an anonymous telephone call to law enforcement officials directing them to the locations of the bodies of two children whom McClure was ultimately convicted of killing. THOMPSON 4573 ing there was no breach of the duty of confidentiality and no actual conflict of interest. The body of Carol Jones was found in her home in Grants Pass. A gun cabinet in the home had been forced open and a .44 caliber revolver was missing. Age 10 were also missing. Were found in the blood in the home. McClure was arrested in connection with the death of Carol Jones and the disappearance of the children. Which were in locations more than 60 miles apart. McClure was indicted for the murders of Carol Jones and her children. McClure was found guilty of all three murders and was sentenced to three consecutive life sentences with 30 year minimums. His conviction was affirmed without opinion. The substance of the conversations between McClure and Mecca are the subject of significant dispute. Mecca recorded his account in notes that he wrote immediately after the children's bodies were discovered.
1000 OPINION/ORDER
These defendants are Jesse Rouse. Who was acquitted by the jury. The children are referred to by initials in the text of this The jury acquitted the defendants of the remaining charges. The appellants raise twelve allegations of error in the trial of the case.1 We grant relief on two issues: (1) refusal to allow expert opinion testimony by a court appointed psychologist that the children's evidence and testimony became tainted by suggestive influences to which the children were subject in the investigation and trial. 11) whether the defendants were denied due process right to fair trial when the Department of Social Services. The appellants are entitled to a new trial on these grounds. Sufficiency of the evidence is not an issue. An examination of the record establishes that the medical evidence was inconclusive as to abuse or abuse by the defendants and that the children's reports of abuse may have been tainted by the influence of social workers and law enforcement officials who investigated and prepared the government's case.
1000 ALLI COMMTY MEDIA V. FCC
1000 OPINION/ORDER
Plaintiff Broadcast Music Inc. (
1000 96-2278 -- K.L. V. VALDEZ -- 08/12/1999

Sixteen mentally or developmentally disabled children who are or were in the custody of the state of New Mexico. Brought this action for declaratory and injunctive relief alleging that defendants have failed to provide protections and therapeutic services required by federal statutes and the United States Constitution. Plaintiffs sought to certify a class comprised of
1000 OPINION/ORDER
The caseworkers removed eleven year old John Doe Jr. from his fourth grade classroom and interviewed him about corporal punishment that he and other students may have received and certain family matters. Arguing that they were entitled to qualified immunity from the plaintiffs' suit. Although we conclude that some of the actions taken by the defendants during the course of the Bureau's investigation were unconstitutional. Agree with the district court that the caseworkers are entitled to qualified immunity from plaintiffs' suit. The district court's decision is. If the report is screened in. An intake supervisor will assign it an urgency level to determine how quickly an investigation must be initiated. After the file is received by a field office. Who is then required to contact the reporter(s) (of child abuse). If the alleged maltreater is a parent. It was given a 24 hour urgency designation and assigned to John Wichman. That they had advised her 2 When a child is enrolled at Greendale. Parents are given a copy of the school's
1000 OPINION/ORDER
Circuit Judges Murphy and McMillian were not present at oral arguments and participated in this decision utilizing the parties' briefs and a tape recording of the oral arguments. Because we find that the children's habitual residence was Israel at the time of their removal and that there is no grave risk of harm to the children if they are returned to Israel. Until their move to Israel in late July of 1999.3 Both Robert and Julie testified in the district court that the move to Israel was Julie's idea and that she was the one pushing for the family to make the move. Julie stated in the district court that she was torn about the move. Went ahead with it as a final effort to reconcile the couple's failing marriage.5 2 3 Sam was born on March 2. Jacob was born on July 5. Julie testified that she was
1000 OPINION/ORDER
During the The victims are granddaughters of Rosemary Rouse. R. was placed with Donna Jordan. Who reported to the Tribe's Department of Social Services (
1000 LOPS V. LOPS (5/7/1998, NO. 97-9381)

Petitioner Initiates Divorce And Custody Proceedings In Germany

Petitioner and Respondent Lops were married in Germany in June 1991. Petitioner initiated divorce and custody proceedings in the German family court for the district that was the marital and habitual residence of the parties. Judge Giwitz's letter further states that Respondent Lops dispelled these concerns by arguing that he was firmly rooted in Germany and had no further connection with the United States.

1000 OPINION/ORDER
P.C. were on brief for appellant.


1000 ACTION CHILD TV V. FCC
1000 LOPS V. LOPS (5/7/1998, NO. 97-9381)

Petitioner Initiates Divorce And Custody Proceedings In Germany

Petitioner and Respondent Lops were married in Germany in June 1991. Petitioner initiated divorce and custody proceedings in the German family court for the district that was the marital and habitual residence of the parties. Judge Giwitz's letter further states that Respondent Lops dispelled these concerns by arguing that he was firmly rooted in Germany and had no further connection with the United States.

1000 OPINION/ORDER
Radio AAHS was reaching around thirty percent of the United States through company owned and affiliated radio stations. ABC Radio's plan to invest in Children's stalled after Disney announced in July that it was purchasing Capital Cities/ABC. The agreement was terminable at will upon ninety days written notice by either party. It was considering entering the children's radio field with Disney. Kantor informed them that ABC Radio was considering developing its own children's radio network. ABC Radio notified Children's that it was terminating the contract. Misappropriation of trade secrets) were tried to a jury in a three week long trial. The jury also found that two of the seven items submitted by Children's as trade secrets were valid trade secrets: a list of Children's advertisers sold and proposed and their rates and Children's techniques and processes for Radio AAHS programming. The jury determined that ABC Radio's breach of contract was not a material breach.1 ABC Radio and Disney moved for judgment as a matter of law or.
995 OPINION/ORDER
We agree that the ordinance is constitutional and affirm the judgment of the district court. Minors may participate in any activity during curfew hours if they are accompanied by a parent. The ordinance exempts minors who are engaged in interstate travel. Are on the sidewalk abutting their parents' residence. Or are involved in an emergency. The ordinance does not affect minors who are
989 OPINION/ORDER
Circuit Judge: No holiday season is complete. At issue in this case is the holiday display policy promulgated by the Department of Education (
984 OPINION/ORDER
With him on the briefs were John M. With him on the brief were Wilma A. With him on the brief was Arthur B. Farris was on the brief for amicus curiae Home School Legal Defense Association. Holding that it violates the fundamental rights of minors and their parents and is unconstitutionally vague. Rehearing en banc was granted. Determining that juvenile crime and victimization in the District was a serious prob lem and growing worse unanimously adopted the Juvenile Curfew Act of 1995. The curfew contains eight
980 OPINION/ORDER
Koch (
980 OPINION/ORDER
We affirm. 1 This opinion was originally issued in typescript. 2 I. Koch (
954 OPINION/ORDER
The questioning was part of a survey the Palmdale School District was conducting regarding psychological barriers to learning. Hold that there is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children. We also hold that parents have no due process or privacy right to override the determinations of public schools as to the information to which their children will be exposed while enrolled as stu 15064 FIELDS v. We hold that the defendants' actions were rationally related to a legitimate state purpose. I. Kristi Seymour volunteered as a
943 OPINION/ORDER
Children's Factory argues the district court1 erred in holding that its toys were not protected under the Act. United States District Judge for the Eastern District of Missouri. 1 held that certain Children's Factory products were inherently distinctive and nonfunctional. Even though these toys were ultimately found to be unprotected. The parties stipulate that they compete in the same market and their products are comparably priced. At issue is an entire line of soft play products which Benee allegedly copied from Children's Factory. For unfair competition under Missouri common law.2 A bench trial was conducted in September 1997 and the trial court entered a judgment for Benee on both counts finding that none of Children's Factory's products were entitled to protection under the Lanham Act. The district court concluded that certain products found in paragraph 8 of its opinion (
941 OLDHAM NAN M. V. KOREAN AIRLN CO LTD
941 OPINION/ORDER
Is constitutional as enacted by the Florida legislature and as subsequently enforced. Florida courts have defined the term
939 OPINION/ORDER
The case was tried to a jury. Involving a letter agreement between Children's and ABC Radio (ABC Radio was later acquired by Disney). Is before our court for a second time. We determined the evidence was sufficient to support the jury's finding that the breach of contract and the misappropriation of an advertiser list caused harm to Children's. We also ruled evidence was presented from which the jury could approximate Children's damages. Because the district court did not abuse its discretion in finding the testimony of one of Children's experts should have been excluded. We are required to decide whether or not the record contains evidence sufficient to support the jury's verdict.
939 OPINION/ORDER
Was on brief.
939 OPINION/ORDER
Circuit Judge: The primary issue raised by this appeal is whether Centre County violated the appellants' civil rights by excluding them from participation in the County's foster care program because their son has HIV and AIDS. Names have been changed to preserve confidentiality. 3 Foster Child Program. County officials responded by adopting a policy providing that foster families whose members have
932 01-5098 -- DUBBS V. HEAD START INC. -- 07/21/2003

Complain that their children were subjected to intrusive physical examinations. Including reconsideration of the assessment of costs against the parents.

932 OPINION/ORDER
1 seeking the children's return on the ground that they were illegally abducted by Miller in violation of a valid Canadian custody order. A. The essential facts underlying this dispute are spelled out in the District Court Order. Miller is a citizen and resident of Canada. While Miller is a citizen and resident of the United States. The parties' Both the United States and Canada are signatories to the Hague Convention. 1 MILLER v. Was born in Canada in September 1990. Who was born in Canada in August 1995. They have since divorced. The children were habitually resident in Canada as of August 28. Miller filed her Hague Convention petition less than one year after the children were taken to the United States. The petition actually was filed on August 23. The court was correct. In finding that the action was commenced less than one year after the children's removal from Canada. 2 4 MILLER v. This case is complicated by a series of conflicting custody orders issued by courts in both New York State and Ontario.
932 OPINION/ORDER
Is amended as follows: Page 5. Were on brief for third party defendant appellant Louis W. Were on brief for plaintiffs appellees. At issue is the application of two distinct provisions of the Social Security Act. Or sister is living in the same home as the dependent child. The household includes both at least one child common to the two parents and at least one child who is the stepchild of the principal earner. Because they are deprived of parental support due to the continuous absence from the home. Who is living with his father. (2) who is (A) under the age of eighteen. Neither the principal earner nor the child[ren] common to both parents are included in the family filing unit. As well.4 Such inclusion is required because the child[ren] are considered dependent under a separate provision of the statute. 1986) (on two step process whereby application of family filing rule must precede determination of need). 4 4 parent who is the principal earner.5 According to the Secretary's interpretation of the family filing rule.
932 OPINION/ORDER
S 1400 et seq. (1994 & Supp. 1997) (the
930 OPINION/ORDER
Rhoads were on brief. Gesmer were on brief. Says that John's petition should be denied and the children should not be sent back to Ireland because: 1) John is precluded from petitioning the district court under the fugitive disentitlement doctrine. 2) the Hague Convention does not require children to be returned to their country of habitual residence when there is a
930 BLANCHARD V. DELOACHE-POWERS (3/28/2002, NO. 01-10433)

930 BLANCHARD V. DELOACHE-POWERS (3/28/2002, NO. 01-10433)

930 OPINION/ORDER
The Last Will and Testament of Waldo DeLoache. As Custodian of the Interests of John Michel Whitehead DeLoachePowers and Russell Whitehead DeLoache Powers under the Last Will and Testament of Waldo DeLoache. Individually as legatee under the Will of Olivia Dubberly Hughes. As Executor of and individually as legatee under the Will of Mary S. The Will of Bruce Dubberly. As beneficiary of the trust under the Will of Marjorie Whitney A. The Will of Joseph Alexander Perkins. The Last Will and Testament of Waldo DeLoache. As Custodian of the Interests of John Michel Whitehead DeLoachePowers and Russell Whitehead DeLoache Powers under the Last Will and Testament of Waldo DeLoache. Individually as legatee under the Will of Olivia Dubberly Hughes. As Executor of and individually as legatee under the Will of Mary S. The Will of Bruce Dubberly. As beneficiary of the trust under the Will of Marjorie Whitney A. The Will of Joseph Alexander Perkins. Circuit Judge: This consolidated appeal arises out of the probate of the will of Waldo DeLoache (
926 OPINION/ORDER
Informing him that he was banned from all public parks under the City's jurisdiction. Children were the victims. Doe was arrested for peeping into the windows of an apartment in West Lafayette. Doe was arrested for public intoxication and resisting law enforcement following a report that he was tapping on the rear window of a female's house. Which was finalized in 1991. Doe was placed on house arrest from January of 1992 to January of 1996. He then was on probation until early January of 2000. They were underage. They were behind the there's a dropoff. They were down in that area. Q. What was your purpose in going to Murdock Park that Saturday evening? As I was going home that night. I was at Columbian Park. I guess I was. I was in the mood of cruising. Q. Were you having those urges that night? What were you thinking about? ... My thoughts were thoughts I had before when I see children. Those thoughts were there. They were just thoughts. Was aware of Mr. Chief Reed explained that he gave this advice
919 HOLLINGSWORTH V. HILL

BACKGROUND The following facts are not in dispute. While her husband was gone. Received a copy of the Order he was to serve on Patricia Hollingsworth. Was frequently required to serve protective orders and summonses but was uncertain what this Order required him to do. The fifth item in the Order stated:
917 OPINION/ORDER
Thompson is substituted for his predecessor. Circuit Judge:
913 98-4125 -- MORGANROTH & MORGANROTH V. DELOREAN -- 06/05/2000

The only one which is relevant to this appeal is the theory that the transfer of the property should be set aside under Utah Code Ann.
906 OPINION/ORDER
Sitting by designation. * Mary Jordan (
906 OPINION/ORDER
Or demonstrations that are designed to entice children to congregate. That the prohibition is a content based restriction on speech but that it does not violate the First Amendment because it is narrowly tailored to the compelling state interest of protecting children from sexual predators. Hobbs contends principally (a) that the prohibition is not narrowly tailored and hence violates the First Amendment both on its face and as applied to him. That the prohibition is content neutral and nonpunitive. BACKGROUND 19 20 21 22 23 Playland Park (
904 OPINION/ORDER
OPINION PER CURIAM: This case was argued before the en banc Court on February 27. (2) holding that the establishment of a magnet schools program was an ultra vires. King and Gregory in the affirmative) attorneys' fees for work done on the unitary status issue are denied. Nominal damages and attorneys' fees in that regard are denied. The injunction is vacated. The imposition of sanctions is affirmed. The judgment of the district court is therefore affirmed on the finding of unitary status and the imposition of sanctions. The judgment of the district court vacating and dissolving all prior injunctive orders and decrees is affirmed. The Board is to operate the school system without the strictures of these decrees no later than the 2002 2003 school year. Circuit Judge: This case is hopefully the final chapter in the saga of federal court control over the Charlotte Mecklenburg Schools (
900 OPINION/ORDER
Who are United States citizens. Petitioner fails to demonstrate that the agency's interpretation or application of the statute is inconsistent with the Convention. FACTUAL AND PROCEDURAL BACKGROUND Petitioner is a citizen of Mexico who has lived in the United States continuously since 1992. He was served with a Notice to Appear that charged him with removability for being present in the United States without having been admitted or paroled. Have a ten year old son and an eight year old daughter who were born in the United States. Petitioner and Morales have decided that. If Petitioner is removed to Mexico. The children will stay in this country with their mother or with one of their permanent resident relatives so that the children can take advantage of this country's superior educational and economic opportunities. Petitioner would be separated from his children if he were removed. They also teach him about what they have learned at school. Have been learning English through bilingual instruction.). When they were apart recently because of Petitioner's brief incarceration.
893 OPINION/ORDER
Williams was also convicted of possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B). Because there was no reversible Booker error. Which was later traced to the defendant Williams. Who LNM claimed was her daughter. When these pictures were not received. The message was followed by a computer hyperlink. The nude children in the photos were approximately five to fifteen years old. Williams was charged with one count of promoting. Or that is intended to cause another to believe. Williams was also charged with one count of possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B). Williams filed a motion to dismiss the pandering charge on the grounds that 18 U.S.C. § 2252A(a)(3)(B) is unconstitutionally overbroad and vague. While the motion was pending before the trial court. There are two types of child pornography. Child pornography images of both types are typically circulated through the Internet.
893 OPINION/ORDER
P.C. was on brief. Was on brief. We hold that (1) such a prosecution is consistent with the language and intent of the statute. (2) the district court did not have authority to impose such an order.I.

893 OPINION/ORDER
Gonzales is substituted for his predecessor. Circuit Judge: The question before us is whether under our immigration laws asylum may be granted to the parents of a disabled child who has been persecuted in his native land on account of his disability or whether. We are compelled to force the family to return involuntarily to its home country where the child is likely to face further persistent and debilitating persecution. The parent who is seeking asylum and withholding in this case is eligible for the former relief and entitled to the latter. We hold that the parent's spouse and the disabled child are eligible for asylum by virtue of their derivative applications and are also entitled to withholding of removal. I. FACTUAL AND PROCEDURAL HISTORY Evgueni Tchoukhrova was born in 1991 in Vladivostok. Was retrieved from the disposal bin. She was told that he was severely disabled and that she should
891 00-4023 -- BULLOCK V. CARVER -- 07/23/2002

We reemphasize that the ultimate inquiry when deciding whether an attorney performed in a constitutionally deficient manner is not whether the counsel's actions can be considered strategic. Counsel's actions may be considered objectively reasonable.

891 01-6257 -- PLAIN V. MURPHY FAMILY FARMS -- 07/16/2002

Part.

I.

Plaintiff is the children's stepmother. Apparently the children enjoyed a similar relationship with their father as he did not provide for them in his will. The trial

887 OPINION/ORDER
Miss Martin sued the defendants pursuant to 42 U.S.C. § 1983 after her children were removed from her home for one night in October 1997. Miss Martin is the mother of two minor children. Mary's Department is a Maryland state agency charged with investigating allegations of child abuse and neglect and authorized by the state to take temporary custody of a child if it believes that the child is in serious. Mary's Department was involved with Miss Martin's family. Justin was part of the School records showed that Justin missed 66 days of kindergarten and 71 days of first grade. They filed a petition in the circuit court seeking a finding that Justin was a
887 00-2136 -- JOSEPH A. V. INGRAM -- 01/07/2002

882 OPINION/ORDER
Although the Rogerses' was as to liability only. Because we hold that it was clearly established that warrantless removal of children is permissible only in cases of exigency. That it would have been apparent to a reasonable social worker that no exigency existed in this case. Jr. (
882 OPINION/ORDER
P.L.L.C. were on brief for appellant.

880 OPINION/ORDER
As follows: On page 3 the list of amici curiae is corrected to read
880 OPINION/ORDER
Azzarito were on brief. P.C. were on brief. A.D. was then seven and C.D. was almost three years old.

880 00-2136 -- JOSEPH V. INGRAM -- 08/22/2001

Stable families.

Three years after the suit was filed and certified as a class action. The first decree was vacated and replaced with a second decree in September 1998. The Department countered with a motion to dismiss on the grounds that the suit is barred by New Mexico's sovereign immunity and that the district court should abstain from hearing the case pursuant to Younger v. The Department cross appeals the district court's rejection of its Eleventh Amendment argument.

We conclude that Appellants' claims under the Social Security Act are barred by the Eleventh Amendment. Appellants' constitutional claims are barred by the Younger . The background to this appeal is relatively straightforward. The district court approved the settlement and entered a consent decree (

876 OPINION/ORDER
BY THE COURT: The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35. The Petition for Rehearing En Banc is DENIED. /s/ J L EDMONDSON Chief Judge 2 BIRCH. Specially Concurring in the Denial of Rehearing En Banc: The dissents to the denial of rehearing en banc both agree that the Equal Protection Clause challenge to the Florida statute at issue should have been embraced by our court. 4 the vociferous dissent by my sister jurist (for whom I have great respect and affection). The Florida adoption statute at issue is constitutionally flawed. The Lofton panel's analysis and approach in this case was premised on a fundamental principal or philosophy. When he observed: Courts are not representative bodies. They are not designed to be a good reflex of a democratic society. ... Their essential quality is detachment. History teaches that the independence of the judiciary is jeopardized when courts become embroiled in the passions of the day and assume primary responsibility in choosing between competing political.
876 OPINION/ORDER
Williams was an eligible employee of a contributing employer during 2003. Jr. was born on June 26. His parents were married on November 28. He was in custody for that crime from June 24. He was released into the community. He was assigned to a family service agency and received individual and group counseling. Jr. was taken into custody as a result of assaults against his sister's boyfriend and his suspensions from school. Escalation to a secure facility was recommended after a hearing. Jr. was placed at the Bradley Behavioral Mental Health Center (
876 OPINION/ORDER
Were on brief for appellant. This case presents constitutional issues of first impression in this circuit: whether the CPPA's definition of child pornography is so overbroad as to contravene the First Amendment or so vague as to violate due process. The court was troubled by a perceived difficulty in determining whether a depicted person appeared to be under 18 years old and by its belief that the statute impermissibly criminalizes possession of adult pornography. It neither impinges substantially on protected expression nor is so vague as to offend due process. We must carefully consider fundamental constitutional norms in light of recent technological advances to determine whether Congress's objectives and the statutory scheme it has established are in accord with our constitutional design. Lawmakers wished to improve law enforcement tools to keep pace with technological improvements that have made it possible for child pornographers to use computers to
871 OPINION/ORDER
The IRS assessed additional gift taxes on the grounds that Armstrong undervalued the stock when the original gift taxes were paid. So
867 OPINION/ORDER
I. FACTS AND PROCEDURAL HISTORY This suit was brought on behalf of sixteen children who had been placed in DHS's care by orders of the Family Court Division of the Philadelphia County Court of Common Pleas (
867 OPINION/ORDER
Are amended as follows: The opinion is amended by adding a new footnote 4. At this stage we are not inclined to redraft our majority opinion to respond in a more comprehensive fashion. Instead will simply state that we disagree with her analysis. The dissent incorrectly asserts that there was
867 OPINION/ORDER
Is a derivative applicant whose petition depends MANSOUR v. Mansour and Ewada (
863 99-1550 -- DOERING V. COPPER MOUNTAIN INC. -- 07/31/2001

INTRODUCTION

Richie and Kimberly Doering were severely injured in a sledding collision with snow grooming equipment at Copper Mountain Resort. A jury returned a verdict in favor of Copper Mountain after finding that their negligence claims were barred by the Ski Safety Act.

The Doerings

861 OPINION/ORDER
Our challenge is to cut through the dense language to figure out what Congress meant in terms of surviving spouse benefits under the Employee Retirement Income Security Act of 1974 (
861 OPINION/ORDER
Taveraz
856 OPINION/ORDER
United States Secretary of Education Margaret Spellings is automatically substituted for former United States Secretary of Education Dr. Oren Doron are public service attorneys employed by New York City's Administration for Children's Services (
852 OPINION/ORDER
We are constrained to agree with the government's position that Sweeting's family ties and responsibilities were not
848 OPINION/ORDER
Palmer & Dodge LLP were on brief. The father's action was brought pursuant to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (
848 OPINION/ORDER
Recognizing that the plaintiffs were no longer minors. The court removed the language in the caption reflecting that the plaintiffs' mother was acting as their representative. The defendants were the DHS. Terry B. was six years old. John B. was five years old. The placement was indeed foster care. The aunt and uncle had earlier declared bankruptcy and thus were not defendants at the time of trial. The children were sent to an inpatient psychiatric facility. While the children were hospitalized. The children's first argument is that because they were minors in the custody of the DHS for the purpose of placement in foster care. There is at least one insuperable barrier to this argument. That is that the children admitted in the trial court that the DHS lost. Even if we were to do so. Were to hold. There is no evidence that the children suffered any abusive treatment before that time. Any affirmative duty of protection that the state might have had because it had custody of the children therefore ended before any actionable injury occurred.
843 00-1385 -- PLANNED PARENTHOOD OF THE ROCKY MOUNTAINS SERVICES CORPORATION V. OWENS -- 04/17/2002

Circuit Judge.

843 99-2287 -- CURRIER V. DORAN -- 03/01/2001

Regina Sentell are social workers for the Children. Defendant Melba Gonzales is a supervisor for CYF.
839 OPINION/ORDER
Andrew Galo appeals the sentence that was imposed following his conditional plea of guilty to pr oduction of material depicting the sexual exploitation of childr en. He argues that these statutes are unconstitutional per se. That those statutes are not unconstitutional as applied to Galo. We will therefore remand for resentencing. Galo was in a relationship with Sheila H. She had a young daughter whom we will refer to as Jessica H. Galo accomplished this by threatening to tell CYS that Sheila H. had previously permitted Jessica H. to have contact with him. This would have jeopar dized Sheila's custody of her daughter because Galo had a state criminal record. Sheila knew that Jessica should not have been per mitted to be in Galo's company without supervision because of Galo's background. Galo also threatened to have the utilities at Sheila H.'s residence turned off unless Jessica spent time with him. The utilities were register ed in his name. Jessica knew that Galo had a temper and she was therefore appar ently too afraid to resist or refuse.
839 OPINION/ORDER
Opinion by Judge O'Scannlain *This appeal was previously argued before another panel of this court. The case is ordered resubmitted as of the date of this opinion. 8397 8400 GAUDIN v. Circuit Judge: We are invited to decide whether two minor children. I The facts in this case are set out in prior opinions of this court. So we recapitulate the case's lengthy history only as is necessary for our decision today. Catherine Gaudin and John Remis have two children. Who in 2000 were living with Gaudin in Canada. Concerned about the way Gaudin was raising the children. Chief among them were the declaration of a clinical psychologist who examined the children. She reported the children's statements that they
839 OPINION/ORDER
LLP was on brief. Including questions about the extent to which the EEOC's informal interpretations of the borrowed definitions are binding in the FMLA context.

835 USA V. DYCE AMRHU
835 OPINION/ORDER
The issue on appeal is whether the district court clearly erred in finding that her consent was voluntary. Soriano challenges the sentence he was given on the ground that the district court erred in calculating the appropriate loss amount for sentencing purposes. Officers from the Los Angeles Police Department (
828 97-4095 -- MARTINEZ V. CITY OF ROY -- 03/26/1998

The case is therefore ordered submitted without oral argument.

Plaintiffs Jennifer and Anthony Martinez brought this action on behalf . Finding that the children were not qualified persons under the ADA. That section 26 30 1 was not applicable to the facts of the case. Background

The Martinez children have a rare skin condition called keratosis lichenoides chronica (KLC). Will relate plaintiffs' version of the incident.

According to Mr. It was undisputed that when Ms. Martinez that she could not allow the children to swim in the pool until she received some verification from a doctor that the skin condition was not contagious. id. A grant of summary judgment is appropriate if

828 OPINION/ORDER
The issue on appeal is whether a board of education exceeded its authority by implementing a consensual program to distribute condoms in public schools in order to prevent disease. We will affirm. HIV infection are epidemic among school age youth . . . . Have an obligation to promote a healthy lifestyle for all adolescents.
828 OPINION/ORDER
That the evidence was insufficient to support his convictions. Kappell was convicted by a jury in the United States District Court for the Western District of Michigan of nine counts of child sexual abuse in violation of 18 U.S.C. §§ 2241(c) and 2244. Who are members of the Keweenaw Bay Indian Community. The children were six and three years old and were living on an Indian reservation with their mother and grandmother. When he was compelled to leave after the children's mother learned that he had been convicted of felony child sexual abuse by the state of Wisconsin in 1982. The victims in that case were the nine and ten year old daughters of his former fiancee. The children were interviewed several times by tribal and state social workers. The children gave verbal and nonverbal interview responses indicating that Kappell might have sexually abused them. Waters is a licensed psychotherapist and state certified clinical social worker specializing in child sexual abuse. Following a
828 OPINION/ORDER
John Doe was banned for life from all park property in the City of Lafayette. BACKGROUND No. 01 3624 John Doe is a convicted sex offender. His last conviction was in 1991. Doe's crimes were committed in schools. He claims that his urges are triggered by emotional vulnerability. His psychologist opines that he will likely have these urges for the rest of his life. Doe was driving home from work and began to have sexual thoughts about children. Because he was upset about the incident. Is far from clear. There is no evidence that he got out of his car or even stopped his car at the first park. The thoughts he had while he was there. Although all acknowledge that Doe was no longer serving a sentence or on probation.3 As a result of this conversation. Nor was Doe afforded an opportunity to appeal.4 The ban order is both geographically and temporally broad. The City of Lafayette's extensive park system 2 Doe's psychologist testified that his ability to go to the park and manage his impulses is a positive step in his treatment and helps integrate Doe into a more normal lifestyle.
828 OPINION/ORDER
Syslo and his wife Denell were charged with federal offenses in connection with a bank burglary. Gregory was sentenced to 27 months after pleading guilty to bank burglary in violation of 18 U.S.C. § 2113(a). Denell was sentenced to 21 months on her plea to money laundering in violation of 18 U.S.C. §§ 1957 and 2. Both Syslos contend on appeal that their statements should have been completely suppressed because they were obtained in violation of their Fifth Amendment rights. 237.07 in stamps and cashier checks were taken from a teller bus. Several master keys were found at the scene. Gregory Syslo was on the list because he had previously worked at the bank as a security guard. He was not initially questioned. 2000 that the bank chief of security considered Gregory a good suspect for the July burglary and was concerned that police had not interviewed him. Clark called the Department of Motor Vehicles and learned that the vehicles had been purchased in late July at a local dealership and that there were no liens on either.
824 OPINION/ORDER
(
824 OPINION/ORDER
Were on brief for appellees.


824 OPINION/ORDER
The question presented is whether foster parents are state actors for purposes of liability under 42 U.S.C. § 1983. We hold that they are not. Leshko was two and a half years old. Next to the sink was a large pot of exceedingly hot water. Inasmuch as the Court held that the Servises were not state actors. B. Leshko was placed in the Servis home in 1985 by the Dauphin County Social Services for Children and Youth after being removed from her mother. The laws governing foster care in Pennsylvania are substantially the same today as they were in 1985. A dependent child in Pennsylvania is one deemed by the Commonwealth to be abandoned. Foster care is not the only option available for dependent children. Government funding is provided. A Pennsylvania court held in 2002 that foster parents in Pennsylvania are county
819 OPINION/ORDER
Line 7 the references to
815 OPINION/ORDER
1997 is corrected as follows: On cover sheet. With whom Gary Broida was on brief. Was on brief for appellees. Knowing Rodriguez had threatened to kill Soto and her family if Soto went to the police to have him jailed for his spousal abuse. Because we find that the defendant officers are protected by qualified immunity on that claim. Rodriguez and Soto had two children: Sally was born in 1983. The abuse was apparent to family and friends.
815 OPINION/ORDER
Defendant was sentenced to 262 months imprisonment for each count. Circuit Judge: Defendant Stefan Irving (defendant or appellant) was convicted. Only arose from defendant's trips to Mexico and Honduras. of the travel to Mexico and its purpose was strong. the proof of travel to Honduras was established. It is a well established principle that a conviction in criminal law must stand on firmer ground than an uncorroborated admission by defendant. Because proof of defendant's purpose for the trip on the charged offenses was insufficient. Facts Defendant is a former chief pediatrician for the Middletown. He was convicted of attempted sexual abuse in the first degree of a seven year old boy that resulted in the revocation of his license to practice medicine in New York. A guest house that served as a place where men from the United States could have sexual relations with Mexican boys. Seven or eight boys ranging in age from eight to 20 years old were residing there. This witness stated that he saw
815 OPINION/ORDER
We have jurisdiction pursuant to 28 U.S.C. § 1291. Las Vegas Metropolitan Police Department Detective Michael Castaneda was acting undercover on the Internet as a 14 year old girl using the screen name
815 OPINION/ORDER
We will deny the Petition for Review on some claims and remand to the BIA on other claims for further proceedings consistent with this opinion. 3 II. FACTS AND PROCEDURAL HISTORY Lukwago is a native and citizen of Uganda. When he was 15 years old. Lukwago stayed in a tent with other kidnapped children where they were guarded by armed rebels. Both adults and children were held captive at the camp. 342 (9th Cir. 1994) (
815 OPINION/ORDER
BACKGROUND The Hanleys are the maternal grandparents and testamentary guardians of Roy's children ­ D.R. (born 1988). The Hanleys were helping support Margaret and the children because the couple was financially unstable. Is over 16. She is not subject to return under the Convention. 2 1 Margaret was diagnosed with cancer and wanted to return to Ireland. He did not pay any child support and continued to have financial difficulties. Margaret executed a will. Margaret died in November 2000 and her will was probated in August 2003.2 Roy and the children continued to live with the Hanleys from 2000 until July 29. There is much dispute over whether Roy was aware of the will and the appointment of the Hanleys as testamentary guardians therein. Roy admits he was shown a copy of the will in December of 2005. 3 2 refused to return the children. Arguing that the Hanleys did not have any
809 RAYBURN V. HOGUE (2/16/2001, NO. 99-14729)

Circuit Judge:

809 OPINION/ORDER
We conclude that the district court should have promptly adjudicated Jeremiah's Hague Convention petition in accor 13310 HOLDER v. Does not now mean that he is barred from raising them in federal court by the preclusive effect of the state court judgment or that he has waived his rights under the Hague Convention. This dispositive requirement is not met because the issues in a suit under the Hague Convention case will not be resolved by a state court custody suit in which no Hague Convention claim is raised. We also vacate the district court's denial of Carla's motion for attorney's fees on the grounds that it is premature. BACKGROUND THE HAGUE CONVENTION AND ICARA The Hague Convention is a multilateral international treaty on parental kidnapping to which the United States and Germany are signatories. Article 12 therefore provides that when a child is removed from one signatory nation to another. Article 16 provides that
809 RAYBURN V. HOGUE (2/16/2001, NO. 99-14729)

Circuit Judge:

804 OPINION/ORDER
Rehearing is granted. The majority opinion and the concurring and dissenting opinion are withdrawn. Defendant's convictions on counts two and three previously vacated are now affirmed in the revised opinion issued herewith. Defendant was sentenced to 262 months imprisonment for each count. That vacated two counts upon which defendant Stefan Irving was convicted. is granted. Irving's convictions on counts two and three previously vacated are now affirmed in the revised opinion that follows. We remand for consideration of whether resentencing is warranted under United States v. BACKGROUND Defendant is a former chief pediatrician for the Middletown. He was convicted of attempted sexual abuse in the first degree of a seven year old boy that resulted in the revocation of his license to practice medicine in New York. A guest house that served as a place 3 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 where men from the United States could have sexual relations with Mexican boys. Seven or eight boys ranging in age from eight to 20 years old were residing there.
804 OPINION/ORDER
John Patrick Farrelly was convicted of one count of receiving child pornography and was sentenced to 57 months' imprisonment. Because there was sufficient evidence that the pornographic images that Farrelly received were of real children. The FBI received a tip from one of Farrelly's coworkers that Farrelly was accessing child pornography on his office computer. As that term is defined in 18 U.S.C. § 2256(8)(A)
804 OPINION/ORDER
H. Smith with whom Quinlan & Smith was on brief for appellant. P.C. were on brief for Children's Aid and Family Service of Hampshire County. Sanborn & Williams was on brief for Massachusetts Society for the Prevention of Cruelty to Children and Stephanie Flinker. P.C. was on brief for Denise Gelinas. Richardson and Gelinas were on brief for Edward N. This is an appeal from a grant of summary judgment on immunity grounds for defendants in a civil rights suit. Standard of Review Standard of Review Our review of a grant of summary judgment is plenary. A summary judgment motion will only be granted when
804 OPINION/ORDER
Or that was produced using materials that have been mailed. Definitions of § 2252A's terms are contained in 18 U.S.C. § 2256. The section was amended just days before Maxwell's trial. The amendments are of no moment in this case. § 2256. Data stored on computer disk or by electronic means which is capable of conversion into a visual image. Its case relied on establishing that the images were produced by materials that did. The first three grounds are insufficient to warrant reversal. The fourth ground is that the application of § 2252A(a)(5)(B) to the facts of his case amounts to an unconstitutional exercise of the Commerce Clause. (B) such visual depiction is. Or modified to appear that an identifiable minor is engaging in sexually explicit conduct. Or (D) such visual depiction is advertised. Or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct. (9)
804 OPINION/ORDER
This is an appeal from an injunction enjoining the operation of a public school. Factual Background Independent School District No. 640 (the district) is a rural school district located in southwestern Minnesota. Which is approximately fourteen miles from Vesta. 2 Lloyd Paskewitz bought the old Vesta elementary school building in 1991. Paskewitz and several other Vesta families are members of a religious group known as the Brethren. W.) It is undisputed that the Brethren have a sincerely held religious belief in avoiding the use of technology.
798 FOWLER V. UNIFIED SCHOOL DIST. NO. 259

We have considered the parties' briefs. We again reverse the district court's decision and remand for further proceedings. (1) Our decision was vacated along with all other cases with petitions for certiorari pending before the Supreme Court which involved the same or similar issues as the ones presented in this case. As they were stated in our prior panel decision. Michael Fowler is a profoundly deaf twelve year old boy who. He is also gifted. That denial was upheld through administrative proceedings. States electing to participate in this system of grants must establish and have
798 OPINION/ORDER
Were also on the briefs. Was also on the briefs. The district court affirmed the Commissioner's decision holding that Juliet and Piers are not entitled to child's insurance benefits based on the earnings of their deceased father. Gillett Netting argues that the district court erred in holding that Juliet and Piers are not eligible for child's insurance benefits because they are not Netting's children under the Social Security Act (
798 OPINION/ORDER
798 OPINION/ORDER
Defendant Appellee is the Board of Education of Hamilton County. Hamilton County Board of Education Page 2 appropriate public education
793 OPINION/ORDER
The HO's determination would have 10684 provided Amanda reimbursement for the cost of the 1996 assessments indicating autism and the cost of an in home program funded by her parents from April 1. We then turn to a question of more significance to the growing number of parents of autistic children for whom early detection and early parental involvement in education is critical to their ability to overcome the disorder: whether the District's failure to give Amanda's parents copies of the evaluations indicating the possibility of autism and the need for further psychiatric evaluations when the District learned of the possible diagnosis violated the procedural requirements of the IDEA. We have jurisdiction pursuant to 28 U.S.C.§ 1291. Congress enacted the IDEA
793 OPINION/ORDER
No. 02 3861 Oforji is a Nigerian citizen who sought entry into the United States at Chicago on April 4. An initial hearing before an IJ was held on August 28. Wherein Oforji admitted that she was an alien not in possession of a valid immigration document at the time of her entry. Oforji testified that she is a member of the Ogoni Tribe of Nigeria and that the Tribe lived without roads. She claims to have fled Nigeria to avoid arrest because she was too
793 OPINION/ORDER
The HO's determination would have 10684 provided Amanda reimbursement for the cost of the 1996 assessments indicating autism and the cost of an in home program funded by her parents from April 1. We then turn to a question of more significance to the growing number of parents of autistic children for whom early detection and early parental involvement in education is critical to their ability to overcome the disorder: whether the District's failure to give Amanda's parents copies of the evaluations indicating the possibility of autism and the need for further psychiatric evaluations when the District learned of the possible diagnosis violated the procedural requirements of the IDEA. We have jurisdiction pursuant to 28 U.S.C.§ 1291. Congress enacted the IDEA
793 OPINION/ORDER
Were on brief. This appeal presents some serious and disturbing issues which are both constitutional and substantive in nature. Appellant was charged and convicted in a jury trial in which it was alleged that he traveled in interstate commerce for the purpose of engaging in an illegal
793 OPINION/ORDER
Plaintiffs are J. Who died after the suit was filed. Defendants are the District and Dr. Before this suit was filed. The District brought a state court action (which is still pending) to require Mother and P.P. to pay for special education services provided the children during a period when. The children were not residents of the District and therefore were ineligible for those services. Claiming that denial of the special education services received by the children from the District would have violated the Individuals with Disabilities Education Act (IDEA). We hold that the district court should have stayed proceedings on the claims for damages and lacked jurisdiction to resolve the remaining claims
because of the pending state action. I. Background R.L. was autistic and his brother J.L. suffers from a milder learning disability. During that school year an anonymous informant told the District that the children were nonresidents. Mother assured the District that she and the children were residents.
793 OPINION/ORDER
Elsasser was on the briefs. The individual cases were then separate ly tried for damages. Pre death pain and suffering were recoverable under Article 17 of the War saw Convention governing international air transportation. The court also ruled that prejudgment interest is recoverable at a rate to be determined after trial. The cases were then tried in order to determine KAL's liability for the four deaths. 016 (2) pre death pain and suffering: $ 0 * All jury awards for grief were later stricken by the district court. KAL This action was brought by Nan Oldham. They were divorced in the following year. Who was then 18. Had not seen her father since she was one and one half years old. There is ample testimony that during all these years. Oldham also mentioned to family members that he intended to provide financial assistance to his mother and Charlotte once he was earning a salary. Although she expected that he would have helped finance her education. She did not know how much he would have contributed. 2. The Kohns were survived by three children.
787 OPINION/ORDER
The mandate is issued forthwith. Gonzales alleged that plaintiffs' substantive and procedural due process rights were violated when defendant police officers failed to enforce a restraining order against her estranged husband. Gonzales was seeking enforcement of the order. The order was entered into the central registry of restraining orders. The order was served on Mr. Gonzales was excluded from the family home and was prohibited from molesting or disturbing the peace of Ms. Simon Gonzales abducted the three girls while they were playing outside their house. Gonzales discovered the children were gone. Officers Brink and Ruisi were sent to the Gonzales home. The Officers
787 96-2269 -- U.S. V. ARCHULETA -- 11/17/1997

The stated basis for the downward departure was that Archuleta was the sole support for two children. That no one else was able to care for them. Because we conclude that the family circumstances in question are within the heartland of the sentencing guidelines. The sentencing Court may impose a sentence outside the range established by the applicable guidelines if the Court finds that an aggravating or mitigating circumstance exists that was not adequately taken into consideration by the Sentencing Commission in formulating the guidelines. Which would result in a sentence different from what was described in the guidelines.

There appear to be mitigating circumstances concerning this case in that the defendant is a single parent of two minor children and also cares for his mother. Who is diabetic and takes daily insulin treatments. If a downward departure was granted to an offense level within Zone C. Provided that at least one half of the minimum term is satisfied by imprisonment. Archuleta's counsel argued that the court should depart downward into Zone C because Archuleta is the sole provider for his family.

787 95-3373 -- FOWLER V. UNIFIED SCHOOL DISTRICT NO. 259 (KANSAS) -- 11/04/1997

We have considered the parties' briefs. As they were stated in our prior panel decision. We only present essential facts as necessary for us to address the effect of the IDEA Amendments on this case.

Michael Fowler is a profoundly deaf twelve year old boy who. He is also gifted. That denial was upheld through administrative proceedings.

When the Fowlers appealed the denial to the district court. States electing to participate in this system of grants must establish and have

783 01-1053 -- GONZALES V. CITY OF CASTLE ROCK -- 10/15/2002

Gonzales alleged that plaintiffs' substantive and procedural due process rights were violated when defendant police officers failed to enforce a restraining order against her estranged husband. Gonzales was seeking enforcement of the order. The order was entered into the central registry of restraining orders. The order was served on Mr. Gonzales was excluded from the family home and was prohibited from molesting or disturbing the peace of Ms. Simon Gonzales abducted the three girls while they were playing outside their house. Gonzales discovered the children were gone. Officers Brink and Ruisi were sent to the Gonzales home. The Officers
783 OPINION/ORDER
Appeal the sentences imposed by the district court after they were convicted of conspiracy to manufacture methamphetamine. They also claim that their sentences are unconstitutional in light of United States v. The Bivenses' two children were at school. Two of the guns were loaded and in an unlocked drawer. Although Rhonda Bivens claimed that the drawer was normally locked. This room was separated from the children's room by a boarded up window. Seven
776 00-1437 -- WIRSCHING V. STATE OF COLORADO -- 02/19/2004

2003 was incarcerated by the Colorado Department of Corrections (CDOC) on a conviction for sexual assault of a minor. Wirsching's refusal to admit that he had committed a sexual assault were not so severe as to likely compel him to be a witness against himself. BACKGROUND

The relevant facts are not in dispute. One of the requirements for participation is that the inmate admit that he has engaged in the conduct that led to his classification as a sex offender.

776 OPINION/ORDER
Is amended as follows: Please see attached Amended Opinion. The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED. 13664 OPINION WARDLAW. The HO's determination would have provided Amanda reimbursement for the cost of the 1996 assessments indicating autism and the cost of an in home program funded by her parents from April 1. We then turn to a question of more significance to the growing number of parents of autistic children for whom early detection and early parental involvement in education is critical to their ability to overcome the disorder: whether the District's failure to give Amanda's parents copies of the evaluations indicating the possibility of autism and the need for further psychiatric evaluations when the District learned of the possible diagnosis violated the procedural requirements of the IDEA. We have jurisdiction pursuant to 28 U.S.C.§ 1291. I. Statutory Background The IDEA provides states with federal funds to help educate children with disabilities if they provide every qualified child with a FAPE that meets the federal statutory requirements.1 Congress enacted the IDEA
776 OPINION/ORDER
Is amended as follows: Please see attached Amended Opinion. The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED. 13664 OPINION WARDLAW. The HO's determination would have provided Amanda reimbursement for the cost of the 1996 assessments indicating autism and the cost of an in home program funded by her parents from April 1. We then turn to a question of more significance to the growing number of parents of autistic children for whom early detection and early parental involvement in education is critical to their ability to overcome the disorder: whether the District's failure to give Amanda's parents copies of the evaluations indicating the possibility of autism and the need for further psychiatric evaluations when the District learned of the possible diagnosis violated the procedural requirements of the IDEA. We have jurisdiction pursuant to 28 U.S.C.§ 1291. I. Statutory Background The IDEA provides states with federal funds to help educate children with disabilities if they provide every qualified child with a FAPE that meets the federal statutory requirements.1 Congress enacted the IDEA
776 OPINION/ORDER
Circuit Judge: Mary Doe1 challenges the State of California's jurisdiction Pseudonyms are used to identify the mother. Who was domiciled on the Elem Indian Colony reservation at the time she was removed from Mary Doe's custody by the Lake County Department of Social Services. Which was passed in 1978 to ensure the tribes a role in adjudicating child custody proceedings involving Indian children. Codified at 25 U.S.C. §§ 1901 1963.2 ICWA provides that tribes will have exclusive jurisdiction over child custody proceedings involving Indian children domiciled or residing on the reservation
776 OPINION/ORDER
Le vine were on the briefs. Spitzer were on the brief. Attorney at the time the brief was filed. Were on the brief for the United States of America as amicus curiae. Ordinance that the United States Court of Appeals for the Fifth Circuit had held was constitutional. Act bars unmarried and unemanci pated persons 1 under seventeen years old from being in 1 Although the curfew law is entitled the
776 OPINION/ORDER
770 OPINION/ORDER
He was denied entry. The Kamehameha Schools were created through a charitable testamentary trust. Plaintiff argues that he was denied admission because of his race in violation of 42 U.S.C. § 1981. Factual Background Historical Context2 The islands of Hawaii are geographically isolated in the South Pacific Ocean and were originally settled sometime between 1 and 750 A.D. The immediate result of that first encounter was that Native Hawaiians were introduced to Western goods and Western diseases. The first treaty was signed in 1826. Additional treaties were signed in 1849. Was commercially desirable. Western economic domination of the Hawaiian Islands was followed by an interest in establishing political control. Was overthrown by a small group of nonHawaiians. Who were assisted in their efforts by the United States Minister. Laws were then enacted suppressing the Hawaiian culture and language and allowing for the displacement of Native Hawaiians from their lands. The Hawaiian language was banned as a medium of instruction in schools.
770 OPINION/ORDER
Was on brief. 2004


770 THOMAS V. ROBERTS (8/15/2001, NO. 00-11361)

Alleging that they were subject to unconstitutional strip searches. The district court found that the strip searches
770 OPINION/ORDER
770 OPINION/ORDER
Was also on the brief. Circuit Judge: We must decide whether the children of Dimitris and Yvette Papakosmas were habitual residents of Greece within PAPAKOSMAS v. Dimitris and Yvette Papakosmas were married in Las Vegas. The couple have two children together. Both children were born in Los Angeles. Never learning of the other sale until the family was in Greece. Although she contends that such sale was unrelated to the move but instead a result of the dog's behavior problems. Dimitris contends that Yvette's trip was to deal with a bounced check and to return a passport to her son from a previous marriage. Was also in Greece. Denies that she was his mistress. Yvette's wrist was cut and she was hospitalized. That Yvette's wound was selfinflicted. After Yvette was released from the hospital. Therefore determined that there was no shared. Because the court determined that Dimitris had failed to meet his burden of proving that Greece is the children's habitual residence. Which is stayed pending the outcome of these proceedings. 1 4252 PAPAKOSMAS v.
770 THOMAS V. ROBERTS (8/15/2001, NO. 00-11361)

Alleging that they were subject to unconstitutional strip searches. The district court found that the strip searches
763 OPINION/ORDER
Appellants claim that the Secretary's waiver was invalid and improper. We have jurisdiction under 28 U.S.C. § 1291. Our review of the matter is plenary. STATUTORY BACKGROUND AFDC is a joint federal and state program established under Title IV A of the Social Security Act. To needy dependent children and the parents or relatives with whom they are living . . . .
763 OPINION/ORDER
Few decisions by state officials are as wrenching as the decision to remove a child from a home based on suspicion of parental abuse. The competing constitutional interests are so powerful that courts have struggled to find adequate superlatives. The state's interest in shielding children from abuse is
763 01-4027 -- JACOBSEN V. DESERET BOOK CO. -- 04/19/2002

Jacobsen was a prisoner of war in the Philippines and Japan during World War II. Dean Hughes entitled Children of the Promise.
763 OPINION/ORDER
This suit is about a foster care placement. The plaintiffs are five of six siblings who were placed with the family. They have sued several officials of the Wisconsin Department of Health and Social Services (DHSS) in their individual capacities under 42 U.S.C. § 1983. Holding that the plaintiffs could not show that the state 2 No. 01 3318 knew or suspected that the foster parents were probable child abusers. That such a showing was necessary for liability. While we are sympathetic to the unfortunate history of these individuals. Were minors at the time of the relevant events. Defendant Eloise Anderson was the Administrator of the Division of Community Services at DHSS. Defendants Sandra Stolle and April Lancour were social workers for DHSS. They were supervised by defendant Shirley Bohle. Derwin and Rebecca Lewis were the heads of a family that included one biological child and one foster child. The Lewises were considering adopting more children. Which was completed in 1989. As the children were Native Americans.
763 OPINION/ORDER
The case is therefore ordered submitted without oral argument. He pled (1) This order and judgment is not binding precedent except under the doctrines of law of the case. R. 36.3.
guilty and subsequently was sentenced to thirty six months imprisonment followed by one year of supervised release. The district court adopted the presentence report's (PSR) observation that the kidnapping offense was ongoing. Were married in Syria on May 13. Hijazi Dallah was to have three overnight visits with the children each week. Dallah telephoned Hijazi Dallah to inform her he was in Syria with the children.
763 OPINION/ORDER
757 OPINION/ORDER
I. BACKGROUND Melissa Green Tenorio and Juan Tenorio Ruiz met when Melissa was an exchange student in Mexico. Melissa discovered she was pregnant. Juan visited when the baby was born and returned to Minnesota when he graduated from high school. The marriage was not a happy one. The move was largely financed by Juan's father. Juan and his father told Melissa's mother that it was for a trial period and that if it did not work out. Melissa testified that her understanding of the move was that they would not even live in the same town as her in laws. Juan was also having difficulty with his father and brother in the family business. Juan was physically and verbally abusive. She called Juan and said she was not returning. Holding that Juan failed to prove that the habitual residence of the children was Mexico. That within six months things were not working out. That even Juan was having second thoughts about staying. That Melissa's return to Mexico in 2002 was only an effort to save the 4 marriage. Rather that the family was in limbo during that time.
757 OPINION/ORDER
Who are both natives and citizens of India. Because we conclude that the BIA's decision to impute to Amandeep the fraudulent conduct of her parents is an unreasonable interpretation of the Immigration and Nationality Act (INA). We GRANT Amandeep's petition for review in order to set aside her removal on the basis of fraud and REMAND her case to the BIA for a formal determination of whether she is removable as an alien who entered the United States without valid documentation. The purpose of this second marriage was to obtain admission to the United States for Parveen and Amandeep as the spouse and daughter. Parveen later admitted that she was aware of her husband's plan to secure a visa for her and for Amandeep. Who is a United States citizen and not a part of these proceedings. Asserting that both of them were removable under § 237(a)(1)(A) of the Immigration and Nationality Act (INA). Which is codified at 8 U.S.C. § 1227(a)(1). That provision allows aliens to be removed who were inadmissible at the time of their entry into the United States under other provisions of the INA.
757 OPINION/ORDER
Finding that Child Evangelism was likely to succeed in showing that Stafford was engaging in viewpoint discrimination and that this discrimination was not required by the Establishment Clause. The principal is authorized to duplicate scheduled memos and send the m home with the children. The following non profit organizations are permitted to distribute 3 See
757 OPINION/ORDER
We affirm because we conclude that Appellants have failed to demonstrate that M.L. was denied a free appropriate public education (
757 OPINION/ORDER
Rodney was unmarried and had no children. 283 worth of stock to each of their own children.2 The transfers were made to irrevocable trusts for each set of children (Larry's. 000 gift tax exclusions and electing to have each gift treated as made one half by each spouse. Those transfers are not at issue here. Rodney was not assessed any additional tax as the transfers to his nieces. Brothers were all bona fide transfers. The IRS reasoned that the gifts to each of the donors' own children were valid gifts. That the gifts to each niece and nephew were constructive gifts to the donors' own children. Appellate Jurisdiction We have jurisdiction over appeals from tax court cases pursuant to Section 7482 of the Internal Revenue Code.4 The IRS argues that we lack jurisdiction to hear The IRS assessed the taxes for 1992 against the trusts rather than the individuals because the statute of limitations had run against the donors. Which expires three years after the return is filed. 6901(c)(1). 3 This appeal was originally filed in the Seventh Circuit because the tax court was located within that circuit.
757 OPINION/ORDER
Arguing that there was no probable cause for the search of his residence. That his convictions are constitutionally infirm. Paul Police Department was contacted by a mother concerned about a document on her family computer. Dlbch15 added that he would like to see AM if he were going to drive to St. Schaub also discovered that the nickname dlbch15 was linked to the email address dlbch15@prodigy.com. Further investigation revealed that Bach was a registered sex offender because of a 1995 state conviction for criminal sexual conduct in the third degree. Involving sex with a fourteen year old boy. 2 3 Initials are used when minors are referenced. The warrant was faxed from Minnesota to Yahoo! in Santa Clara. Inside was a zip disk containing all of the emails preserved in the accounts belonging to AM and Bach (dlbch15@yahoo.com). Among them was one dated August 1. That transmission is the basis for Bach's conviction for receiving child pornography. Below the image was the name of AC. An IP is generated when one computer connects with another through the internet.
757 OPINION/ORDER
Are officially immune from suit. DFS received the first of many hot line calls alleging Bass was battering and starving her five children. The caller reported: (1) scratches were seen on Larry's chest. (2) Bass was starving her children as punishment. (4) the children were searching through trash cans for food. (6) the children were so weak they could not drink from a glass without assistance. The hot line information was faxed immediately to Kansas City. 2 was warranted. Johnson was assigned to perform a family assessment that day on the Bass family. Dixon told Johnson Bass was working and the children were not at home. Johnson told Dixon to have Bass call her. The children also told Johnson that Larry and Gary were living with their father. Told Johnson that Larry and Gary were out of town visiting their grandparents. Johnson also noted Bass
750 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.
750 OPINION/ORDER
P.C. was on brief for appellants. Evans and Evans & Hermann were on brief for appellees Janet Seymour and Roland Smith. The mother and grandparents of two minor children brought this action in the district court under 42 U.S.C. 1983 and state law against a social worker and two psychologists who were involved in the State of New Hampshire's investigation into reports that the children had been sexually abused. Is forbidden. Unless the proceeding is properly converted into one for summary judgment under Rule 56. Courts have made 2 narrow exceptions for documents the authenticity of which are not disputed by the parties. All or most of the above mentioned elements are present. 48 (2d Cir. 1991) (
750 OPINION/ORDER
There was insufficient evidence that an UNITED STATES v. REARDEN 15873 image of an actual child was involved in his offense. Were reasonably related to legitimate sentencing considerations in Rearden's case. Posted a message in a chat room expressing interest in buying
750 OPINION/ORDER
That the inter vivos transfer was not a bona fide sale for adequate and full consideration under 26 U.S.C. § 2036(a). We have jurisdiction under 26 U.S.C. § 7482(a)(1). At the age of eighty eight.1 She was survived by her son. Who is the executor of The facts we recite are undisputed facts. Was attorney in fact pursuant to a durable power of attorney from 1986 until decedent died. Is the attorney of record for this appeal. These gifts were in keeping with decedent's practice of making cash gifts to her children every year around Christmas. After she was released from the hospital. Which was evidenced by a promissory note and secured by a first position deed of trust on the Padaro Lane property in favor of the bank. 2 whose stated purpose was to engage in the business of owning and operating residential real property.
750 ISHIDA V. U.S.
750 OPINION/ORDER
Alleging that she was demoted from the position of assistant principal to teacher because she spoke out against race discrimination (her free speech claims) and because of her race (her discrimination claims). We conclude that Love Lane has raised a genuine issue of material fact as to whether she was demoted in retaliation for her speech. We also conclude that Martin is not entitled. I. Love Lane is employed by the Winston Salem/Forsyth County Board of Education. From 1988 until 1998 she was an assistant principal at four middle and elementary schools. She was told that her strongest skills were in the areas of communication and problem solving. Where Martin said
744 02-3097 -- U.S. V. KIMLER -- 07/07/2003

Kimler was convicted of one count of receiving or distributing. Kimler was sentenced pursuant to the United States Sentencing Commission. Two conditions of his supervised release are that he cooperate in the collection of a DNA sample. Agents from the FBI office in Louisiana investigated the email message and determined that it contained an image of a minor engaged in sexually explicit conduct and that the email address from which the message had originated was registered to Karen Kimler. Ask Randy to bring his computer to the FBI office the next day and to be prepared to answer questions regarding the email message.

Randy arrived at the FBI office at the appointed hour but did not have his computer. He also found images that were not attached to email messages. Were received and distributed over the internet and possessed by way of storage on Kimler's computer. Loveall testified without objection or challenge on cross examination that in his examination of the Kimlers' computer he found additional evidence that many of the images found on the computer had been downloaded from the internet and that images were also being sent from the computer to the internet.

744 OPINION/ORDER
Was convicted in the district court of possessing child pornography. Is constitutional on its face. The federal courts of appeals that have considered this issue are split on its proper resolution. The First and Eleventh Circuits have upheld the Act against constitutional challenge. The FBI received information from a confidential informant that Mento was in possession of child pornography. One of the children was only five years old. The Supreme Court held that child pornography is outside the scope of the First Amendment. Most doubts as to what could constitute
744 BECKER DANIEL V. FCC
744 OPINION/ORDER
The entrapment doctrine recognizes that it is necessary (and indeed. Appropriate) for the police to act affirmatively in attempting to prevent the commission of crimes.
744 OPINION/ORDER
Michael M. is a student with disabilities within the meaning of the Individuals with Disabilities Education Act (IDEA). Both suits were dismissed
744 OPINION/ORDER
The fifth victim was 20 months old at the time of the abuse and did not testify at trial or at the evidentiary hearing. 32 1 and 1999 interviews by a defense expert. Testified that J.R. asked for help in 1999 because she was afraid her uncles were coming home for Christmas. J.R. said she was afraid of her uncles. The district court reviewed the hearing testimony in detail and found that the children's recantations were not credible. The 1999 interviews took place after the children were returned to their homes. Underwager that Uncle Jess did things to her that were not right. Underwager used suggestive questioning and told the children he was there to help get their uncles out of prison. The court emphasized that the children's trial testimony
744 OPINION/ORDER
This is an appeal from the district court's grant of summary judgment to defendants on two claims and judgment as a matter of law (JAML) on the remaining claims following opening statements. Was the income beneficiary of The Brown the first trust. Were the remaindermen. the residual trust. on his own as long as children were also the beneficiaries of the second trust. Referred to as Maurice and United Missouri Bank (UMB) were cotrustees during Maurice's life. Although Maurice could conduct any business he was competent. One of the trust assets was the Maurice L. Brown Company was renamed Petroleum Production Management. Secured by junior mortgages on properties owned by Petroleum Production. notes were allocated to the residual trust. Maurice was diagnosed with brain cancer. Which was paid to Virginia. Finding that claims against a trustee for breach of fiduciary duty are equitable and therefore not triable to a jury. That Count IV against Thomas was dependent on the equitable claims against UMB. Finding that both counts were dependent upon Maurice's competency at the time he signed the release and that the Brown children had not raised a genuine issue of material fact on the issue. between one of the Brown children and UMB employees.
744 OPINION/ORDER
We have jurisdiction pursuant to 28 U.S.C. § 1291. An investigation that mushroomed into a sexual abuse
744 OPINION/ORDER
We have jurisdiction pursuant to 28 U.S.C. § 1291. An investigation that mushroomed into a sexual abuse
744 OPINION/ORDER
Worldwide organization composed of born again believers whose purpose is to evangelize boys and girls with the Gospel of the Lord Jesus Christ and to establish (disciple) them in the local church for Christian living.
744 OPINION/ORDER
He contends that when such acts are committed solely for a valid journalistic purpose. Most of that time was spent as a staff reporter or news director of radio stations in the Washington. Is currently working in television. He sought to determine whether child prostitution
744 OPINION/ORDER
Which requires that a minor who decides to have an abortion inform one of her parents twenty four 2 hours prior to performance of the procedure. Only hours before this law was to become effective. Is facially constitutional under the Fourteenth Amendment. A contrary holding that the People of Virginia are forbidden by the Constitution of the United States from requiring that the responsible mother and father of a pregnant teenage daughter even be told of the life defining decision their own daughter confronts we are convinced. Of will. The Act was to become effective at 12:01 Tuesday morning. The Act is a parental notice statute. Notice of the anticipated abortion is provided to one of the minor's parents. In circumstances in which either an abortion is immediately necessary to prevent the 3 mother's death or there is insufficient time to permit notification without exposing the minor to serious health risk. Authorization of an abortion without parental notification for a minor who shows that she is mature and capable of giving informed consent.
737 OPINION/ORDER
Arianna was born with significant brain damage. 2001 she was admitted to Cincinnati Children's Hospital Medical Center. Was assigned to Arianna's case. Maas decided that Marlena was a danger to Arianna and that Marlena should not be permitted to take Arianna home. Arianna was transferred to another medical facility. Hamilton County continued its investigation of the Kottmyers despite receiving information from the medical staff treating Arianna that there was no basis for investigating the Kottmyers. The Kottmyers alleged that they were treated
737 OPINION/ORDER
Is amended as follows: Insert footnote 9 to Section II slip op. at 15673. How harmless error review is to be conducted is therefore squarely presented. I believe I should address the issue so that future panels confronted with it will have an expression of each of our views on this question. I cannot agree with Judge Clifton's analysis because he relies on the ALJ's and the district court's findings that the placement made by the procedurally defective IEP team was. Harmless because it was the best placement for M.L. This approach rewards procedural non compliance and is at odds with the Supreme Court's holding that the IDEA seeks to achieve its substantive ends largely through procedural means: [T]he importance Congress attached to [the Act's] procedural safeguards cannot be gainsaid. . . . He appears to have jumped to the substantive second step to resolve the procedural first step. It is my view that loss of an educational opportunity cannot be determined by considering the merits of the placement identified in the IEP.
737 OPINION/ORDER
The judgments provided that Gaudin would have sole custody of the children. Any decision would be subject to the determination of a court of competent jurisdiction in the country in which the Mother and the Child are residing. The ensuing arrangement was that the children lived with Gaudin in Quebec for most of the year and visited Remis in Hawaii for several weeks each summer. The children were in Hawaii on the summer visit allowed under the stipulated judgments. That there was a grave risk that the children would be psychologically harmed if they were returned to their mother. Gaudin amended her motion in Quebec Superior Court to request an attestation that Remis's retention of the children was wrongful under the Hague Convention. The court agreed with the Canadian court's determination that Remis's retention of his children was wrongful under the GAUDIN v. Because the children's habitual residence was Canada and the retention was not permitted under the July 1994 Hawaii Family Court judgments recognized in Canada in August 2000.
737 OPINION/ORDER
We have reproduced the caption here exactly as it appears in the petition which initiated this proceeding in the District Court. This is a privately initiated action. We are aware of no authority that permits the petitioner. To describe himself as a
737 02-4169 -- L.B. V. NEBO SCHOOL DISTRICT -- 08/11/2004

INTRODUCTION

Plaintiffs Appellants L.B. and J.B. are the parents of K.B. A child who was diagnosed with autism spectrum disorder in 1997. Which is required by the Individuals with Disabilities in Education Act (

737 OPINION/ORDER
We have jurisdiction to review the district court's order The class also includes children at imminent risk of foster care placement. 1 3392 KATIE A. v. A class of children who were in Los Angeles County foster care or at risk of being placed into foster care (Katie A. The complaint alleged that the class was entitled to and had not received
737 OPINION/ORDER
This critical structural defect in the constitution of the IEP team precludes us from considering whether the IEP developed without the inclusion of at least one regular education teacher was reasonably calculated to enable M.L. to receive a free and appropriate public education (
737 OPINION/ORDER
P.C. was on brief for defendants appellants.

737 OPINION/ORDER
Were on brief. This is an appeal from a Tax Court determination unfavorable to the estate of Ida Abraham (the Estate). That the purchase of the decedent's interests by the children were not bona fide sales for adequate and full consideration. That action was taken in order to ensure that Mrs. Which were owned by Mrs. Were transferred to three family limited partnerships (FLPs). Abraham and her children were partners in those FLPs. When the FLPs were set up. Abraham received from her husband were three pieces of commercial real estate located in Tyngsboro and Walpole. The Walpole property was leased to a lumber yard. The other properties were skating rinks leased to third parties. The leases on all of these properties were long term. The feud was apparently over what amount was needed for Mrs. The litigation was also draining Mrs. There was a separate estate plan. The family also understood that the FLPs were a means to protect Mrs. The protection was there for her as a guarantee that she would live status quo.

728 OPINION/ORDER
Were on brief. Were on brief. The district court denied all of plaintiffs' claims save one: an award of nominal damages of $1.00 each to the two students who would have been assigned to the school of their choice under the old system but for their race. While high school assignments are made on a citywide basis. Boston is divided into three Attendance Zones the North. These zones were drawn by the district court as part of its desegregation orders. The lines largely hew to major transportation routes to keep traditional neighborhoods intact as much as possible.
728 MORROW V. WINSLOW

Morrow claimed there was subject matter jurisdiction below pursuant to 28 U.S.C. 1331 and 1343(a)(3). (ICWA).(1) I .....Plaintiff Appellant Morrow is an
728 OPINION/ORDER
The statutes governing Breyer's claim to citizenship are S 1993 of the Revised Statutes of 1874 and a 1994 amendment to the Immigration and Naturalization Act (
728 OPINION/ORDER
Robert Silverman appeals the district court's ruling that his children were not habitual residents of Israel at the time their mother brought them to the United States and that. Even if they were. The issues before us are whether the district court (1) improperly determined that the Silverman children's habitual residence is the United States. The official history and commentary in the Federal Register explains that
728 OPINION/ORDER
Alleging they violated his constitutional rights because he was abused by the person with whom he was staying while in DYFS custody. Was admitted to the John F. Nicini told them that he was afraid of his father. Nicini continued to have difficulty at home and in school. DYFS was informed on October 9. That Nicini was not at school and that he had previously told the assistant principal that he would not return home.1 On October 10. That Nicini had been located and that he had repeated his refusal to return home and again stated that his father was abusive. Although the parties have not educated us as to the meaning of this agreement. After Nicini was located. Trigiani was unsure after Nicini'sfirst appointment on January 3. What happened thereafter is not clear from the record or the appendices submitted with the parties' briefs. Apparently Nicini was not admitted to JFK at that time. 1991 notes that Nicini was at JFK Hospital with an infected hand and might require admission to treat the infection. Bonnie Nicini reportedly stated that the plan was to hospitalize Nicini for depression.
728 97-3353 -- U.S. V. AKINS -- 07/08/1998
728 OPINION/ORDER
Sought a declaration from the district court that NMMI is bound by the IDEA. It guarantees that such an education is given by instructing states to create an Individualized Education Plan (
728 OPINION/ORDER
This is an appeal from a preliminary injunction enjoining the enforcement of an ordinance of the City of Lincoln. The District Court1 held that the ordinance was facially invalid because it violated the Free Speech Clause of the First Amendment. I. The plaintiffs are four individuals who have engaged in demonstrations opposing abortion in the vicinity of Westminster Presbyterian Church in Lincoln. The plaintiffs believe that abortion is wrong. The plaintiffs have engaged in protests and demonstrations on the public sidewalk that adjoins the church. Crabb is Unfit to be an Elder. Other protesters (not the plaintiffs) have demonstrated near the church with other kinds of signs. The opinion of the District Court is reported at 23 F. Legislative Intent and Findings. (a) It is the intent of this ordinance to preserve the peace at religious premises in order to protect and secure several significant and compelling interests of this city. Focused picketing disrupts and endangers or outright destroys individual freedom of religion. (e) The mechanism of such injury to individual freedom of religion operates as follows: infants and young children are emotionally vulnerable to focused picketing in close proximity to them.
722 00-6128 -- EARLS V. BOARD OF EDUCATION OF TECUMSEH PUBLIC SCHOOL DISTRICT -- 03/21/2001

Circuit Judge.

722 OPINION/ORDER
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.
722 OPINION/ORDER
Because the record is insufficient for us to assess the validity of the special condition. While Myers was staying overnight at his girlfriend's home. Who was also staying overnight. Stated that he had realized
722 OPINION/ORDER
Trustees of the Stock Trust Under Item Third of the Will of Rodman Wanamaker. We will affirm in part and reverse in part. Leaving a will and codicils[fn1] that established trusts for his children and their descendants. At issue in this case is a $120 million trust created in Paragraph Third of his will. The stock was sold for $60 million. After the stock was sold. Holding that Wanamaker had intended to provide spendthrift protection for his great grandchildren and Kellogg's interest in the trust was protected. We have jurisdiction under 28 U.S.C. § 1291 (1988). Our review of the district court's construction of Pennsylvania law is de novo. Will be reviewed de novo.
722 OPINION/ORDER
I. The facts leading up to this lawsuit are set forth in great detail in the District Court's Memorandum and Order. Although Waddle had obtained ex parte probable cause state court orders to remove some of the boarding students (and also to remove some students who were no longer at HCA and others who were not even within the jurisdiction of juvenile authorities because of their ages). There were no The Honorable E. United States District Judge for the Eastern District of Missouri. 2 1 orders of any kind to remove many of the students who were taken from the school that day. The removal action was without notice to Heartland. Or their parents and was taken because of several allegations of mistreatment and abuse of students at HCA. The District Court entered a final preliminary injunction enjoining Waddle and others from
713 OPINION/ORDER
While he was in the custody of a state licensed foster family. We conclude that Lilly and Purdin were entitled to qualified and official immunity. Therefore the district court's denial of the motion to dismiss the claims against Lilly and Purdin is reversed. Are tragic in fact. Where he was diagnosed with a spiral fracture of the right femur. Because Olalde's explanation was not consistent with Eric's injury. The Clauds' home was frequently described by CPS case workers as
713 OPINION/ORDER
Received his Bachelor's degree in education in 1997 and was subsequently certified to teach elementary education. Barrett was scheduled to be interviewed for a full time teaching position with Steubenville City Schools. From the time that he was in kindergarten. Barrett was interviewed by Steubenville City Schools administrators. A teacher who had not substituted with Steubenville City Schools was hired.
713 FOWLER V. UNIFIED SCH. DIST. NO. 259

For the benefit of a profoundly deaf child whose parents have voluntarily removed him from a public school in the District and placed him in the private school. BACKGROUND Michael was born on August 5. These 30 students were all the severely hearing impaired students in the District. Michael received sign language interpretive services from (1) SEE II is a more demanding form of signing than the more prevalent American Sign Language (
713 OPINION/ORDER
Holding that the plaintiffs' proposed use of the community centers was a not a form of expressive activity protected by the First Amendment. Hold that the plaintiffs' proposed use is afforded First Amendment protection. Is viewpoint neutral and reasonable in light of the purpose of the centers. It is reasonable for the Board to limit use of the community centers to recreational and community enrichment activities. Formal private education is not a use that is consistent with those purposes. The Use Policy states that the purpose of the community centers is to provide a place for: (1) Park and Recreation programs. The Use Policy states that the community centers are available for: (a) recreational uses (birthday parties. (b) any activity that is illegal. Or is in violation of the County's rules and regulations. (c) possession and consumption of alcoholic beverages.2 The four Calvert County community centers are: (1) Northeast Community Center in the town of Chesapeake Beach. (4) Southern Community Center in the town of Lusby. 2 After litigation was commenced in this case.
713 OPINION/ORDER
Holding that there was no fair and just reason for a withdrawal. FBI agents came across what is known as a Yahoo! Group that was named
713 OPINION/ORDER
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.
713 OPINION/ORDER
While he was in the custody of a state licensed foster family. We conclude that Lilly and Purdin were entitled to qualified and official immunity. Therefore the district court's denial of the motion to dismiss the claims against Lilly and Purdin is reversed. Are tragic in fact. Where he was diagnosed with a spiral fracture of the right femur. Because Olalde's explanation was not consistent with Eric's injury. The Clauds' home was frequently described by CPS case workers as
713 OPINION/ORDER
While he was in the custody of a state licensed foster family. We conclude that Lilly and Purdin were entitled to qualified and official immunity. Therefore the district court's denial of the motion to dismiss the claims against Lilly and Purdin is reversed. Are tragic in fact. Where he was diagnosed with a spiral fracture of the right femur. Because Olalde's explanation was not consistent with Eric's injury. The Clauds' home was frequently described by CPS case workers as
713 OPINION/ORDER
The table displays are set up and stocked entirely by private citizens who are not affiliated in any way with the schools. No one is allowed to enter classrooms to announce the availability of the religious or political material. No school announcement or assembly is allowed to mark the availability of the Bibles or any other religious or political material. School principals are charged with ensuring strict compliance with these guidelines. Westfall or school activity personnel
713 PESIN V. RODRIGUEZ (3/20/2001, NO. 00-10295)

Circuit Judges.

713 PESIN V. RODRIGUEZ (3/20/2001, NO. 00-10295)

Circuit Judges.

704 ESTATE OF KOSOW V. COMMISSIONER

This document was created from RTF source by rtftohtml version 2.7.5 >Estate of Kosow v. District Judge:<p> <p> The Estate of Joseph Kosow has appealed the Tax Court's decision to disallow a deduction for a claim that was made against and paid by the estate. The Tax Court held that the estate had failed to prove that the agreement by the deceased that gave rise to the claim was an agreement supported by full and adequate consideration. Who were born in 1940 and 1945. Joseph had largely disassociated himself from the manufacturing businesses and was primarily engaged in financing activities through the Industrial Finance Corporation. A corporation of which he and his brother were equal shareholders.<p> Joseph's business ventures permitted him and his family to enjoy a very comfortable standard of living. One of which was a Cadillac that was regularly replaced. Joseph paid all the major bills as they came due and Barbara was not aware of any reliance on credit to sustain their standard of living. Joseph was very secretive about his business ventures. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/061960p.pdf">OPINION/ORDER</A><BR> Claiming that the Ms did not put forth evidence proving that the services required under the IDEA were 2 discontinued for the period in question or that the services were not provided in an appropriate environment. We will affirm the District Court's grant of summary judgment on the IDEA claim and reverse its grant of summary judgment on the RA claim. R.M. and P.M. are brothers and fraternal twins who were born on November 10. The Ms are their parents. Both twins were presenting with significant speech and communication delays and functioning at levels significantly below their peers. The County determined that they were eligible for Early Intervention ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-7044a.html">A. LASHAWN V. BARRY JR. MARION S.<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jan2001/993827.txt">OPINION/ORDER</A><BR> PA 15222 Attorney for Appellant *Honorable Will L. Ray Donald Loy is currently serving a 33 month term of imprisonment following his conviction for receiving and possessing child pornography. He will be required to serve thr ee years of supervised release. Two of which are at issue in this appeal. Arguing that the pornography condition is vague and overbr oad. That the condition restricting contact with minors is not only vague and unsupported by the record. Could also potentially inhibit Loy's ability to have and raise his own children. Holding that the challenge is properly made at this time. Conclude that the prohibition on pornography is unconstitutionally vague because it fails to provide any method for Loy or his probation officer to distinguish between those items that are merely titillating and those items that are 2 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/03/03-1362.PDF">OPINION/ORDER</A><BR> Esther Olowo is a native and citizen of Nigeria who has lawful permanent resident status in the United States. If she is returned to Nigeria. Her two daughters will be subjected to female genital mutilation. Olowo was living with her family in Chicago when a family friend. Babatunde Ali (who also was living in Chicago at the time). The two were not on the best of terms. Olowo said that she was the child's mother. Olowo and Grace were called back because INS inspectors had detained Ms. The inspectors suspected that all four were traveling together. Olowo said that she was Grace's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/July1996/96a1359p.txt">OPINION/ORDER</A><BR> After the Delaware schools' rudimentary attempts at desegregation were deemed insufficient by the district court in 1957. It was not until almost 20 years later (and 35 years after this court announced dissatisfaction with an original plan that called for grade by grade desegregation over a 12 year period) that the district court could announce that the marching orders had been obeyed: The school system has achieved unitary status by complying in good faith with our detailed desegregation decrees and by eliminating to the extent practicable the vestiges of de jure segregation. This was the ruling of the district court embodied in a judgment entered after a lengthy hearing. We will affirm. It is beyond dispute that racism and bigotry continue to tear at the fragile social fabric of our national and local communities. That our best efforts as citizens are needed to address this problem at many levels. Court supervised school desegregation alone cannot eliminate racial discrimination: [A]s the years have passed since Brown I and II [Brown v. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4596_013.pdf">OPINION/ORDER</A><BR> The district court concluded that the driver of the automobile that 2 No. 05 4596 injured the Clark children was not operating an underinsured motor vehicle as defined by Indiana's underinsured motorist statute. The district court held that the Clark children were not entitled to recovery under the terms of the policy's UIM provision and granted summary judgment in favor of State Farm. Were involved in a motor vehicle collision in Crawfordsville. The Clarks were operating an automobile owned by Jerald and Martha Day. Which was insured under a liability policy issued by State Farm. He was insured under a liability policy issued by American Family Mutual Insurance Company ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Sept2003/021799p.pdf">OPINION/ORDER</A><BR> Circuit Judge: The present appeal is the latest chapter in the longstanding feud between citizens. The principal issue on appeal is whether the state of New Jersey waived its sovereign immunity from suit in federal court when it accepted funds disbursed pursuant to the IDEA. We will affirm.3 I. A. BACKGROUND The Statutory Framework of the IDEA The IDEA is a comprehensive scheme of federal legislation designed to meet the special educational needs of children with disabilities. The legislation was enacted in part based on Congress's findings that. 4 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july2002/00-12507.opn.html">WOODARD V. FANBOY, L.L.C. (7/26/2002, NO. 00-12507)<BR></A><BR> Chief Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200414982.pdf">OPINION/ORDER</A><BR> C.M.'s Disability C.M. was born on November 24. C.M.'s parents determined that AVT was the best methodology for their child. C.M. was nine months old at the time. It was clear that C.M. was not getting enough sound from the hearing aids she was wearing. Even though they were the most powerful on the market. C.M.'s parents decided that C.M. should receive a cochlear implant.2 The following are the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//feb95/93-4307.opa.html">ESTATE OF KOSOW V. COMMISSIONER<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 ><title>Estate of Kosow v. District Judge:<p> <p> The Estate of Joseph Kosow has appealed the Tax Court's decision to disallow a deduction for a claim that was made against and paid by the estate. The Tax Court held that the estate had failed to prove that the agreement by the deceased that gave rise to the claim was an agreement supported by full and adequate consideration. Who were born in 1940 and 1945. Joseph had largely disassociated himself from the manufacturing businesses and was primarily engaged in financing activities through the Industrial Finance Corporation. A corporation of which he and his brother were equal shareholders.<p> Joseph's business ventures permitted him and his family to enjoy a very comfortable standard of living. One of which was a Cadillac that was regularly replaced. Joseph paid all the major bills as they came due and Barbara was not aware of any reliance on credit to sustain their standard of living. Joseph was very secretive about his business ventures. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/004701.P.pdf">OPINION/ORDER</A><BR> Line 6 of second paragraph the section number is corrected to read </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-3912_013.pdf">OPINION/ORDER</A><BR> Robert Brown was banned from all properties or programs operated by the Michigan City Department of Parks and Recreation. Brown is a resident of Michigan City. Washington Park (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july2002/00-12507.opn.html">WOODARD V. FANBOY, L.L.C. (7/26/2002, NO. 00-12507)<BR></A><BR> Chief Judge:</SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200012507.opn.pdf">OPINION/ORDER</A><BR> Chief Judge: This appeal is mainly about familial status discrimination under the Fair Housing Act. Some of the units (including Plaintiff's) at the pertinent property were purchased by Fanboy. On the court's conclusion that one of Plaintiff's claims was unsupported by sufficient evidence. We stress that this is a case that has been fully tried and in which a jury verdict has been reached. 2 1 Plaintiff testified that the children were ages 12 and 10 at the time of trial. 2 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-7.gif" ALT="704"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/052858p.pdf">OPINION/ORDER</A><BR> Daniel Voelker was sentenced to seventy one months in prison followed by a lifetime term of supervised release after he pled guilty to possessing child pornography in violation of 18 U.S.C. § 2252(a)(2). We will vacate those conditions and remand for resentencing consistent with this opinion. Briefly exposed the buttocks of his three year old daughter over a webcam that was connected to his computer. He directed agents to computer discs where the files were stored. He insisted that statements he had made about sexual contact with minors or offering his daughter for sex were merely gratuitous statements in the nature of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0172n-06.pdf">OPINION/ORDER</A><BR> Were found guilty of conspiring to receive child pornography. Possessing a computer on which it was stored. Adkins' contentions are similar to her husband's in many respects. We are not persuaded that the district court erred in denying the defendants' motions to suppress. We are persuaded. That re sentencing is appropriate under United States v. The stated purpose was to seek evidence that Mr. Adkins might have been involved. Adkins was a babysitter. Agent Vito explained that some child sex offenders are categorized as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/05a0497n-06.pdf">OPINION/ORDER</A><BR> Price which she filed on behalf of her husband Chad Boggess's estate against several defendants allegedly liable for assaulting him while he was being held in the custody of Kentucky authorities. Concluding that any interest the proposed intervenors may have in the lawsuit will be adequately represented by the current parties and will not be impeded by continuation of the litigation with the parties as they now stand. Chad Boggess was seriously injured in an altercation with officers at the Boyd County (Kentucky) Detention Center. Was appointed to administer his estate and. The action was filed in the Southern District of West Virginia. They contended that Wanda had </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTQ5ODEtY3Zfb3BuLnBkZg==/04-4981-cv_opn.pdf">OPINION/ORDER</A><BR> Anthony's enrollment in private school was not appropriate and because the IDEA. FACTUAL BACKGROUND Frank and Diane G. are the adoptive parents of Anthony. Who was born to a crackaddicted mother on May 21. Anthony was evaluated by School District personnel. Anthony was observed engaging in a significant amount of offtask behavior. An independent neuropsychological evaluation was conducted during the spring and early summer of 2001 by Dr. The CSE also observed that Anthony was dually enrolled at Bishop Dunn for the 2001 2002 school year. The School District's initial position before the IHO was that Anthony's placement at the Smith School was appropriate and that the unilateral placement at Upton Lake was not appropriate. After one of its own witnesses testified that the class size and program it offered to Anthony was not appropriate. The School District conceded that the placement offered to Anthony at the Smith School was not appropriate. This left the School District with the defense that the Upton Lake placement was equally inappropriate and that it was not required to bear the expense of educating him there. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/July2003/012358p.pdf">OPINION/ORDER</A><BR> At issue is the Newark School District's proposed individual education plan for I.H. for the 1999 2000 school year. Central to this case is the appropriate standard of review a District Court should employ when reviewing state administrative proceedings under the Individuals with Disabilities Act. We hold that the appropriate standard is modified de novo review. We will reverse. It is useful to review the statutory framework before proceeding to the facts. Federal funding of state special education programs is contingent on the states providing a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/03/01/012889P.pdf">OPINION/ORDER</A><BR> I. Robert Clark was a twelve year old special education student in the Neosho RV School District during the 1997 98 school year. Robert is prone to inappropriate behavior. He also is diagnosed as having a learning disability. Robert's age was equal to children in the sixth grade. He was placed in the fifth grade resource room for special education. His instructional level was that of fourth grade. The IEPs also stated that a behavior plan was attached to them. The attachments were merely short term goals and objectives that did not provide specific interventions and strategies to manage Robert's behavior problems. The IEP team never adopted this document and had agreed that a new behavior management plan was necessary to meet Robert's needs during the 1997 98 school year. The Clarks were seeking. These were insufficient to qualify as a cohesive behavior management plan. The panel also found that the School District's late in the year attempt to formulate the required behavior management plan was insufficient to meet Robert's needs. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/02/02-1964.PDF">OPINION/ORDER</A><BR> Were sexually abused by their respective foster fathers in foster homes selected for them by Ada S. Were both convicted of aggravated sexual assault. The case before us today is about the responsibility of various DCFS employees for the placement of J.H. and J.D. in the two homes in which they were abused. Luis Soto for allegedly violating their constitutional right to be free from placement in a foster home where the state knew or suspected that abuse was likely to occur. I. Background When J.H. was four years old and her brother. Was three years old. They entered the custody of DCFS as neglected minors after a juvenile court determined that their mother was unfit to care for them. It is undisputed that both J.H. and J.D. were sexually abused by Mr. The abuse was discovered once they were returned to the care of their natural father. It was revealed that Mr. Although subsequent DCFS investigations concluded that those allegations were unfounded. During the time period when J.H. and J.D. were living in the White and Hill homes. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/nov2002/01-16626.opn.html">UNITED STATES V. HALL (11/20/2002, NO. 01-16626)<BR></A><BR> Seized Computer in Florida</STRONG></SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/july99/95-2963.man.html">JENNINGS V. BIC CORP. (7/22/1999, NO. 95-2963)<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0364p-06.pdf">OPINION/ORDER</A><BR> Defendant Appellant Brendan Allen Shaw ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov2002/01-16626.opn.html">UNITED STATES V. HALL (11/20/2002, NO. 01-16626)<BR></A><BR> Seized Computer in Florida</STRONG></SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-9010.wpd">OPINION/ORDER</A><BR> Was born on June 12. True (David). <hr> Dave was a successful entrepreneur and established a number of companies involved in oil and gas exploration. Companies which generated a substantial amount of revenue often provided the funds to support companies which were not as profitable. Dave developed a business philosophy which was guided by four basic principles. Buy sell agreements were necessary to avoid conflicts among owners and to establish clear (1) Of these business entities. The True Ranches were structured as partnerships under Wyoming law. White Stallion Ranch were structured as Subchapter S corporations. <hr> exit strategies. Each True company was governed by buy sell agreements which embodied these business principles. Disability were each treated as if the holder of the interest had notified the other owners of his or her intent to withdraw from ownership. The other owners were required to purchase the departing owner's interests at a formula price listed in the buy sell agreement. The formula prices in the buy sell agreements were derived from a calculation of the tax book value for the various True companies. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></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-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042849p.pdf">OPINION/ORDER</A><BR> 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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042127p.pdf">OPINION/ORDER</A><BR> That inquiry will inform our determination as to whether Bagot is correct that Respondents deported him to Guyana illegally. Having been in his father's legal custody at the time the father was naturalized. He is derivatively a United States citizen. Who was in Guyana at the time and had never been to the United States. The District Court was confronted. As we are here. With the difficult question of how to define </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1997/97a1597p.txt">OPINION/ORDER</A><BR> Poritz was the Attorney General for the State of New Jersey when this suit was instituted. Poritz resigned as Attorney General and was appointed Chief Justice of the Supreme Court of New Jersey. Peter Verniero was appointed the Attorney General. Peter Verniero is automatically substituted as a party plaintiff for Deborah T. We disagree and will affirm the district court's dismissal of the complaint. Who was then eight and one half months pregnant. Was admitted to the Jersey Shore Medical Center to give birth to her child. Alexander's baby were taken only fourteen minutes prior to delivery by cesarean section. The child was stillborn.2 An autopsy was performed. A death certificate was issued showing the date of the child's birth as July 15. The birth certificate noted the child's name was Kaylyn Elissa Alexander and that she was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-4115.PDF">OPINION/ORDER</A><BR> Indiana where they had stopped to eat after attending a school soccer game.1 As 1 The facts described in this paragraph are those that gave rise to the Hodgkins' first challenge to the Indiana Curfew law. The statute was revised and the Hodgkins challenged the new statute. The police took Colin and his friends to a curfew sweep processing site where he was given a breathalyser test and escorted to a bathroom where he was required to submit a urine sample to be tested for drugs. Both tests were determined to be negative. It is a curfew violation for a child fifteen (15). 1 (...continued) though the facts that follow are those that gave rise to the initial lawsuit and are not those of the case before us today. They are included in order to give context and background to the current dispute. 4 No. 01 4115 (2) after 11 p.m. on Sunday. A third statute in force at the time of Colin's arrest exempted from application of the curfew statute any child who was: (1) accompanied by the child's parent. These statutes formed what we will call Indiana's prior curfew law. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/op/01/01-3928.PDF">OPINION/ORDER</A><BR> Facts No. 01 3928 Patrice and Jean Bouvagnet were married in New York City in 1988. Were born in 1995. Until she could earn enough seniority and good will to secure a transfer to Paris. Bouvagnet's application for French citizenship was based on her marriage to Patrice Bouvagnet. Bouvagnet's application for French citizenship was dismissed after she failed to appear for a mandatory meeting with French authorities. Bouvagnet was served with the divorce petition in March 2000 while visiting his children. Trial was set for June 2001. The Illinois proceedings are still pending. The district court took the view that it was required to abstain because three conditions existed: first. State proceedings that were judicial in nature were pending. Bouvagnet the opportunity to present 1 A French court dismissed the case because the Illinois proceedings were ongoing. The dismissal was overturned in October 2001 and the action recently reinstated. Having determined that it was required to abstain under Younger. All of the states and the federal government have enacted legislation to address the problem of child abduction a parent's taking a child from a jurisdiction that has awarded custody rights to the other parent in the hope that a court in another jurisdiction will be more sympa No. 01 3928 5 thetic to the abducting parent's plea for custody. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200116626.opn.pdf">OPINION/ORDER</A><BR> B. Seized Computer in Florida Further investigation revealed that the screen name </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july99/95-2963.man.html">JENNINGS V. BIC CORP. (7/22/1999, NO. 95-2963)<BR></A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="696"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972234.P.pdf">OPINION/ORDER</A><BR> Who were born after the War. The district court ruled that it did not have jurisdiction to review the decisions of the Judge Advocate General and that exceptions to the Federal Tort Claims Act. Our decision nonetheless invites Congress to review these claims in the context of ongoing scientific studies to assure that justice is accomplished for our returning veterans and their families. Army are veterans of the Persian Gulf War which was fought in 1991. They were inoculated with drugs and exposed to pesticides by the military in anticipation of possible biological and chemical attacks by Iraq. Each serviceman returned to his wife and fathered a child who was born with serious birth defects. The families of these children recognize that scientific studies about the effects of the administered drugs and pesticides are in process and will not be concluded until later in 1998 or in 1999. They believe that the toxins to which the servicemen were exposed were possibly stored in the servicemen's semen and passed on to their wives. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0348p-06.pdf">OPINION/ORDER</A><BR> I. Bah is a native and citizen of Guinea. She claims that at the age of eight she was subjected to female genital mutilation ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=95-1275.01A">OPINION/ORDER</A><BR> Straub and Straub & Meyers were on joint brief for appellees Chelmsford School Committee. Susan Wunsch and Massachusetts Civil Liberties Union Foundation were on brief for appellees Michael Gilchrist and Judith Hass. The plaintiffs are two minors TORRUELLA. The minors allege that they were compelled to attend an indecent AIDS and sex education program conducted at their public high school by defendant Hot. BACKGROUND BACKGROUND The plaintiffs are Chelmsford High School students Jason P. Both students were fifteen years old at the time. The Program was staged by defendant Suzi Landolphi ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-1908.01A">OPINION/ORDER</A><BR> Were on brief. Was on brief. Were on brief. The issue presented in this appeal is whether a lessee's minor children have standing to sue a lessor for failure to disclose information regarding the hazards of lead paint as required by the Residential Lead Based Paint Hazard Reduction Act ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1998/09/97-2013.htm">97-2013 -- MEDINA V. PACHECO -- 09/14/1998<BR></A><BR> Cisneros got into an argument with the children's mother (who was living in a trailer behind her parents' house). Where he and the children were living at the time. <p> The children's maternal grandmother. They were reunited three days after the officers removed the children from the Medinas' home. <p> The Medinas filed a complaint in federal district court. Cisneros (who died in an unrelated accident before complaint was filed). Defendants argue the Medinas have failed to preserve all but two of the issues they raise because they supplied an incomplete record.<a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/07a0175p-06.pdf">OPINION/ORDER</A><BR> The government argues that the sentence should be vacated and remanded for resentencing because such a large downward variance from the Guidelines range in this case is substantively unreasonable. The judgment of the district court is therefore VACATED and REMANDED for resentencing for the reasons set forth below. BACKGROUND Norman Borho is a lifelong resident of Louisville. He is a decorated war veteran. The FBI case agent concluded that there were at least 77 images of prepubescent children and 21 images involving sadistic conduct. One movie file found on Borho's computer was a seven second video clip depicting an adult male anally raping a toddler. Whose wrists have been duct taped to her ankles. Enhancements relevant under the Guidelines were added as follows: (1) a two level enhancement because some of the images involved prepubescent children under 12 years of age. (2) a four level enhancement because some of the images were sadistic in nature. (5) a five level enhancement because the distribution of pornography was for a thing of value (gaining access to an internet chat room that permitted Borho to exchange images). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/10/004004P.pdf">OPINION/ORDER</A><BR> I. BACKGROUND Robert Hechter Silverman and Julie Hechter Silverman were married in 1989. They have two children. The Silvermans filed a voluntary petition in the United States Bankruptcy Court in which they declared under penalty of perjury that they were residing in Plymouth. Before she and the children were scheduled to return to Israel. Robert was personally served in Israel. An evidentiary hearing was scheduled for November 8. The National Center for Missing and Exploited Children is responsible for processing applications seeking the return of children wrongfully removed to or retained in the United States. 22 C.F.R. § 94.6. 2 At the hearing before a state court referee on October 10. Noting that the children's physical presence in Minnesota was the result of an allegedly wrongful removal from Israel. Argued that the only prerequisite to the court ruling on the merits of the custody issue was a finding that Minnesota was the children's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200615148.pdf">OPINION/ORDER</A><BR> Moved the Board to reopen her removal proceedings to file an untimely asylum application based on undisputed and previously unavailable evidence that Chinese officials in her home village in the Fujian Province are enforcing a one child policy by forced sterilization. I. BACKGROUND Li is a native of Lianjiang. A notice of hearing was mailed to Li. Li filed a motion to reopen her case on the ground that the notice was mailed to the wrong address. Li's mother attested that sterilizations were more common than before. Li's mother stated that three women from Lianjiang were forcibly sterilized after the birth of each woman's second child. The report for 2003 stated that the one child policy was more relaxed in rural areas but that a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/024693.P.pdf">OPINION/ORDER</A><BR> There were no meritorious issues for appeal. His further review of the first issue in preparation for argument led him to conclude that it is. Bill Kise is a 63 year old pedophile who admits that he has had sexual contact with </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-4197.wpd">OPINION/ORDER</A><BR> Annes's decision was based on a four inch linear skull fracture that Rebekah's treating physician had reported to Child and Family Services four days earlier. The Division of Child and Family Services found that protective custody was no longer warranted and returned Rebekah to her family. The court also indicated that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/02/03/012109P.pdf">OPINION/ORDER</A><BR> The Internal Revenue Service (IRS) determined the stock transfers were reciprocal cross gifts and assessed a deficiency of $215. Sigco was equally owned by Robert and George. He and George had discussed with their insurance agent their desire to have their families succeed them in the businesses. The IRS denied annual exclusions for gifts made by Robert in 1994 and 1995 to members of George's family on the basis that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="687"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/992533.P.pdf">OPINION/ORDER</A><BR> Line 1 counsel's firm name is corrected to read </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/07/034025P.pdf">OPINION/ORDER</A><BR> Is substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c). 1 withholding of removal. We conclude the denial of relief was not supported by substantial evidence. I Zheng was born on March 12. Zheng and her husband presently have three United States citizen children: a son. Both have been granted asylum based on China's birth control policies. Zheng testified she feared returning to China because she believes upon return she will be arrested immediately and either she or her husband will be forcibly sterilized because she had a second child when her first child was a boy. She testified she and her husband would like to have more children and do not practice any form of birth control. She testified she fears she will be subject to forced sterilization or abortion because of China's family planning policies. Zheng further testified her fear of returning to China is also based on the experiences of her sister. Was arrested and given an injection causing an abortion. Zheng stated that prior to her departure from China she did not have problems with China's birth control policy. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//dec98/97-4336.man.html">UNITED STATES V. BRAND (12/31/1998, NO. 97-4336)<BR></A><BR> Appellant Abraham Brand was found guilty of willfully failing to pay a past due support obligation. Arguing that his failure to pay was not willful. That the state court order that formed the basis of his support obligation under the Act is invalid. That he is unable to pay. Three children were born to this union: a girl in 1980. Brand was a successful entrepreneur. Neither Brand nor his lawyer were present at the final hearing. Which was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C4C7B63667DFB28088256B790060EA59/$file/0115096.pdf?openelement">OPINION/ORDER</A><BR> Who is licensed to practice in Hawaii. Because both parents and the children are now permanently located in Hawaii. Was designed to address the problem of parental international child abduction.1 art. 1. The Signatories perceived that parents were wrongfully taking their children across international lines </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F000BF96875E8BAA88256B6D00606B3C/$file/0130032.pdf?openelement">OPINION/ORDER</A><BR> Is unconstitutional. 3208 I Cole Cameron Cummings married Dana Hopkins in 1989. All of whom were born in the United States and resided with their parents in the State of Washington. The oldest child ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19974336.OPN.pdf">OPINION/ORDER</A><BR> Appellant Abraham Brand was found guilty of willfully failing to pay a past due support obligation. Arguing that his failure to pay was not willful. That the state court order that formed the basis of his support obligation under the Act is invalid. That he is unable to pay. Three children were born to this union: a girl in 1980. Brand was a successful entrepreneur. Including a While this appeal was pending. Neither Brand nor his lawyer were present at the final hearing. Which was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/290352ACBC7FA68188256DE90079C153/$file/0215323.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Petitioner Goodwin Brodit was convicted in state court of continuous sexual abuse of a minor. CAMBRA PROCEDURAL HISTORY Petitioner was charged with violating section 288.5 by committing at least three lewd and lascivious acts with his stepniece while he was staying in the home of her mother and stepfather (Petitioner's brother). In an opinion that was published in part. Because the last reasoned state court decision was the California Court of Appeal's consolidated review of Petitioner's direct appeal and habeas petition. CAMBRA 16759 merits in state court unless the state court's decision was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/19974336.MAN.pdf">OPINION/ORDER</A><BR> Appellant Abraham Brand was found guilty of willfully failing to pay a past due support obligation. Arguing that his failure to pay was not willful. That the state court order that formed the basis of his support obligation under the Act is invalid. That he is Honorable Donald P. While this appeal was pending. Three children were born to this union: a girl in 1980. Brand was a successful entrepreneur. Neither Brand nor his lawyer were present at the final hearing. Which was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/365842A3EF96D846882570D00002C1E7/$file/0373562.pdf?openelement">OPINION/ORDER</A><BR> GONZALES 15815 Cuevas Gaspar is removable. Cuevas Gaspar was convicted for being an accomplice to residential burglary under Washington law. Cuevas Gaspar asserts that the BIA erred in concluding that he was removable because his conviction constituted a crime of moral turpitude. That he have resided in the United States continuously for seven years </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2004/03/02-9572.htm">02-9572 -- ALVAREZ-DELMURO V. ASHCROFT -- 03/09/2004<BR></A><BR> Are natives and citizens of Mexico who face removal from this country. They seek review of the decision of the Immigration Judge (IJ) that they are not eligible for cancellation of removal. Who is a citizen of the United States or an alien lawfully admitted for permanent residence. <p> 8 U.S.C. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr2000/99-12993.man.html">PRESTON V. COMM'R OF INTERNAL REVENUE (4/20/2000, NO. 99-12993)<BR></A><BR> Preston appeals the judgment of the tax court that certain payments made by Preston were not deductible as alimony under § 215 of the Internal Revenue Code. Preston argues that payments to his former spouse and others for his children's expenses were deductible as alimony based upon <EM>Commissioner v. We affirm the tax court's determination that these payments were child support under I.R.C. § 71(c) and. We affirm in part and vacate and remand in part.</P> <P> I.R.C. § 215<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//apr2000/99-12993.man.html">PRESTON V. COMM'R OF INTERNAL REVENUE (4/20/2000, NO. 99-12993)<BR></A><BR> Preston appeals the judgment of the tax court that certain payments made by Preston were not deductible as alimony under § 215 of the Internal Revenue Code. Preston argues that payments to his former spouse and others for his children's expenses were deductible as alimony based upon <EM>Commissioner v. We affirm the tax court's determination that these payments were child support under I.R.C. § 71(c) and. We affirm in part and vacate and remand in part.</P> <P> I.R.C. § 215<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/05/01/024144P.pdf">OPINION/ORDER</A><BR> (3) she qualifies for relief under the CAT because it is more likely than not that she will be tortured if returned to China. The following is a summary of her affidavit. Upon which the IJ's decision was substantially based. Lau was born in China on July 27. Both of whom are United States citizens. Was no longer supporting the family. Lau was required to go back to work. Lau was classified as a temporary resident and. Was only eligible for temporary jobs. The Immigration and Naturalization Service is now the Bureau of Immigration and Customs Enforcement within the Department of Homeland Security. 2 1 because her children were American citizens. She was required to pay a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/dec98/97-4336.man.html">UNITED STATES V. BRAND (12/31/1998, NO. 97-4336)<BR></A><BR> Appellant Abraham Brand was found guilty of willfully failing to pay a past due support obligation. Arguing that his failure to pay was not willful. That the state court order that formed the basis of his support obligation under the Act is invalid. That he is unable to pay. Three children were born to this union: a girl in 1980. Brand was a successful entrepreneur. Neither Brand nor his lawyer were present at the final hearing. Which was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1550.01A">OPINION/ORDER</A><BR> Were on brief. DeJuneas</SPAN> was on brief. Although we agree that the failure to specify an amount of tax loss and the related offense level was an error. The Government stated its belief that the tax loss was $101. Was 13.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1123.01A">OPINION/ORDER</A><BR> Kesten LLP</SPAN> were on brief for appellants.</SPAN> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/7359A7FF884F8D0D88256F26008260BF/$file/0315178.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: Three autistic children (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-4086.wpd">OPINION/ORDER</A><BR> The case was remanded to the district court to consider whether Defendants' reliance on Utah Code Ann. 62A 4a 202.1 and 202.2 or the advice of counsel made their conduct nonetheless objectively reasonable and thus entitled them to qualified immunity. Defendants' conduct was not objectively reasonable. Was sweating profusely. Was wearing a parka in seventy degree weather. Roska stated that Rusty was suffering from kidney failure. Who assured her Rusty was not in kidney failure. Sneddon was told that Rusty's healthy appendix had been removed at Mrs. The dispute is irrelevant in this case. The issue we must decide is whether Defendants' actions were objectively reasonable in light of the information they possessed at the time of removal. Regardless of whether theinformation was accurate or not. MSBP is a disorder in which an individual. The prior DCFS investigation concluded that the allegations of MSBP were unsubstantiated. When Morrison informed the physicians she was investigating Mrs. Both stated something to the effect that it was about time someone discovered what was going on with Rusty. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-1463_022.pdf">OPINION/ORDER</A><BR> Which is significantly longer than the guidelines sentencing range because the district court judge exercised his discretion to depart upward from the thenapplicable range. 401 F.3d 471 (7th Cir. 2005) is warranted. We conclude that a Paladino remand is unnecessary 2 No. 04 1463 and affirm Johnson's sentence as reasonable and adequately explained by the district court. By the time he was arrested about two months later. Among them were 174 images of sadistic sexual acts and 42 of bestiality involving children. The images of sadistic sexual acts included images of children under the age of ten being tied up and forced to have oral. Judge Lozano also received testimony from the mother of the child who was videotaped while in the shower. Her testimony and other evidence established that Johnson's live in girlfriend was a day care provider. The child Johnson videotaped was a neighbor child in his girlfriend's care. Judge Lozano explained that he was taking into consideration a laterenacted amendment to § 2G2.2 under which Johnson would have received an equivalent adjustment for possessing 600 or more images. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/june97/96-6400.opa.html">D.W. V. ROGERS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>D.W. v. <a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Dec2003/022708p.pdf">OPINION/ORDER</A><BR> The District Court granted summary judgment on the ground that McCurdy was precluded from bringing his § 1983 action after he had entered into an agreement with Dawson's mother to share the proceeds from her settlement of a prior civil action against the same defendants here. That there is a controlling. Threshold issue which obviates the need to address preclusion: that is. We will affirm the judgment of the District Court. Donta Dawson was sitting alone in a parked car. The headlights and interior lights were on. The radio was audible. Officer Dodd inquired why Dawson was parked on the street and whether he needed any 4 assistance. Repeated demands to show his hands were met with Dawson's silence. A subsequent investigation revealed that Dawson was unarmed. Although the familial relationships between the decedent and his parents are important to this case. The factual record is disturbingly incomplete in material respects.1 Dawson was the son of Cynthia Dawson and Bobby McCurdy. These gaps in the factual record are directly attributable to McCurdy's failure to respond to their Requests for Admission. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A9041C3066904B9C88256F9D00033F2C/$file/0310579.pdf?openelement">OPINION/ORDER</A><BR> Charley appeals her conviction alleging that the district court erred in denying motions to suppress her statements to law enforcement officers because the statements were obtained in violation of her rights under the Fourth and Fifth Amendments.1 We have jurisdiction pursuant to 28 U.S.C. § 1291. When the children were dead. Telling those present that she was going home to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/032897p.pdf">OPINION/ORDER</A><BR> Senior District Judge Judge Chertoff heard oral argument in this case but resigned before the time the opinion was filed. The opinion is filed by a quorum of the panel. 28 U.S.C. § 46(d). They are appealing the District Court's ruling that she was not entitled to continue to receive certain educational/developmental services pursuant to the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/012406.P.pdf">OPINION/ORDER</A><BR> Second full paragraph the first sentence is deleted. Is replaced with the following: As Sheriff David Kelbie noted in his commentary to the Scottish Court of Sessions's opinion in Donofrio v. A parent </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/98/09/973608P.pdf">OPINION/ORDER</A><BR> Aaron Westendorp is a severely disabled child who requires a full time paraprofessional to function in a school classroom. I. Aaron is a twelve year old boy who lives in Edina. The cost of a paraprofessional is approximately $10. Is the same whether Aaron attends a public school or a private school. Aaron was able to attend the school from 1991 until 1994. The Westendorps were forced to transfer Aaron to a public school in Edina. Or any other location off the nonpublic school premises which is neither physically nor educationally identified with the functions of the nonpublic school </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="678"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//june97/96-6400.opa.html">D.W. V. ROGERS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>D.W. v. <a href= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/934553D30CDD6E2B88256EA000816591/$file/0310217.pdf?openelement">OPINION/ORDER</A><BR> Were caught smuggling a group of five Mexican children and young adults in a four door Dodge Stratus near Tucson. Miguel had been pulled over by two sheriff's deputies who may have mistakenly believed the car's registration had expired. Were lying unrestrained on the folded down back seat and in the connecting trunk. Was 6736 UNITED STATES v. We hold that if the deputies were mistaken in believing that the vehicle registration had expired. Their mistake was one of fact due to their reasonable reliance on the expiration date in a computer database. Because their vehicle was carrying more passengers than its rated capacity. The passengers were lying down without any restraints and the three youngest were crammed together in the trunk on a very hot day. Even if the five year old's condition was caused in part from having trekked through the desert before Johnson and Miguel put him in the car. They were accountable because the harm came from reasonably foreseeable actions taken to further the jointly undertaken illegal smuggling operation. </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.ca4.uscourts.gov/opinion.pdf/002132.P.pdf">OPINION/ORDER</A><BR> The Virginia legislature amended § 22.1 203 to require that every school division provide a minute of silence in the State's public school classrooms and to direct the Attorney General to defend the statute when it is challenged in court. Code Ann. § 22.1 203 was amended in 2000: In order that the right of every pupil to the free exercise of religion be guaranteed within the schools and that the freedom of each individual pupil be subject to the least possible pressure from the Commonwealth either to engage in. The school board of each school division is authorized to shall establish the daily observance of one minute of silence in each classroom of the division. Where During such one minute period of silence is instituted. Senator Barry responded that his intent was not to force prayer in schools. </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.kscourts.org/ca10/cases/2001/12/01-2000.htm">01-2000 -- COLLOPY V. CITY OF HOBBS (NEW MEXICO) -- 12/26/2001<BR></A><BR> We have jurisdiction pursuant to 28 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/A0B18BFB1437346F8825707A004DE706/$file/0435105.pdf?openelement">OPINION/ORDER</A><BR> We agree with the district court that relevant decisions regarding fire prevention were encompassed in the government's contracts with Fluor Daniel Hanford. The action is therefore barred by the independent contractor exception to the FTCA. We do not reach whether the suit is also barred by the discretionary function exception in 28 U.S.C. § 2680(a). The wildfire was triggered by an automobile crash on Washington State Route 24 (SR 24). SR 24 is located on an easement over federal property granted by the United States 13002 AUTERY v. The ALE Reserve is an ecologically sensitive area with significant natural and cultural resources. The terms of the transfer are set forth in a June 20. Specific control of the ALE is important here because the fire started on the ALE or. Plaintiffs' primary FTCA claim is that the United States (either the DOE or the FWS) negligently maintained firebreaks near SR 24 along the ALE and such negligence caused fire to spread from SR 24 onto the ALE and ultimately to Plaintiffs' properties.1 The DOE had a large (over $2.8 billion. </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.ca11.uscourts.gov/opinions/ops/200412846.pdf">OPINION/ORDER</A><BR> Finding that the underlying crimes are not excluded by virtue of the sexual misconduct exclusion. Facts The Incident The tragic facts of this case are undisputed. Which were stipulated to by the parties in lieu of subjecting the victim in this case to a deposition. We applaud counsel for taking this approach. 2 1 details are. Was picking up her three year old daughter. Inc. (the </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/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-6.gif" ALT="670"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Jun2000/995486.txt">OPINION/ORDER</A><BR> The district court found that the defendants were entitled to qualified immunity because Michaels's allegations that the defendants engaged in an improper investigation did not allege a violation of her constitutional rights. The defendants would nonetheless be entitled to qualified immunity because those 3 rights were not clearly established at the time of the investigation such that a reasonable person in the defendants' position would have known that they were violating her rights. Michaels contends that each one of the district court's conclusions was erroneous. We conclude that the district court correctly determined that Michaels failed to demonstrate that her constitutional rights were violated. Michaels was employed at the nursery school as a teacher. Was assigned to investigate the merits of the child's allegation. The trial regarding these charges was commenced in the Superior Court of New Jersey. </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/06/04/051668P.pdf">OPINION/ORDER</A><BR> The district court held that ADHS violated the procedural due process rights of the plaintiffs by attempting to change the CHMS program without first conducting a study about the effect such a change would have on the efficiency. We held that ADHS's attempt to move CHMS services </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.kscourts.org/ca10/cases/1998/05/97-3125.htm">97-3125 -- O'TOOLE V. OLATHE DISTRICT SCHOOLS UNIFIED SCHOOL DISTRICT NO. 233 -- 05/19/1998<BR></A><BR> We affirm. <p align= </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/nov99/98-3559.man.html">UNITED STATES V. ACHESON (11/12/1999, NO. 98-3559)<BR></A><BR> Now he challenges his conviction asserting the CPPA is unconstitutionally vague. The district court concluded the CPPA is constitutional. Is not substantially overbroad. After learning Firehawk96 was Acheson's screen name. The CPPA</P> <P> Child pornography is no new problem. Its presence in cyberspace is. <EM>See United States v. Congress enacted the CPPA which prohibits </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//nov99/98-3559.man.html">UNITED STATES V. ACHESON (11/12/1999, NO. 98-3559)<BR></A><BR> Now he challenges his conviction asserting the CPPA is unconstitutionally vague. The district court concluded the CPPA is constitutional. Is not substantially overbroad. After learning Firehawk96 was Acheson's screen name. The CPPA</P> <P> Child pornography is no new problem. Its presence in cyberspace is. <EM>See United States v. Congress enacted the CPPA which prohibits </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=04-2286.wpd">OPINION/ORDER</A><BR> This case is not much about grace. It is about Grace. Grace was abandoned soon after birth to the custody of the New Mexico Children. The basis of the foster family's objection was that they thought Bogey was actually a man pretending to be a woman because of Bogey's extensive facial hair. Responsibility for her case bounced around from one over worked social worker to another and concerns about her situation were investigated by an uninquisitive investigator. Grace's situation quickly turned from muddled to tragic: she died four weeks after the adoption was finalized. Apparently as the result of being beaten to death. <hr> This case is legally about the claimed failures of the Children. Particularly during the period between placement for adoption and the time adoption decree was entered. The argument is that. The adoption would not have been permitted and Grace would not have been placed in mortal danger. His state tort claims were dismissed as a matter of law. His 1983 claims against several Department employees were dismissed on summary judgment. </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.ca9.uscourts.gov/ca9/newopinions.nsf/46573610847C7C8588256ED60051ED8B/$file/0272506.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction over this unusual case under 8 U.S.C. § 1105a. Petitioner is married and has two United States citizen children. Petitioner conceded that she was deportable and applied for suspension of deportation based on extreme hardship to herself and her children. The IJ found that Petitioner was ineligible for suspension of deportation. Was not a </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.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-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4171_029.pdf">OPINION/ORDER</A><BR> The specific issue in this appeal is whether and to what extent the State of Wisconsin Department of Public Instruction (DPI) must disclose records uncovered in its investigation into the use of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Mar1996/96a1282p.txt">OPINION/ORDER</A><BR> Hutchinson was a member of the original panel to which this appeal was assigned. He died before the appeal was resolved. Judge Stapleton was designated to serve in his place. ** Honorable Gary L. Ketcham argues that the district court erred when it failed to group the four counts of his conviction pursuant to United States Sentencing Guidelines ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Mar2000/995021.txt">OPINION/ORDER</A><BR> N.R. was born on September 7. Was classified as preschool handicapped in 1994. N.R.'s parents rejected this proposal and informed the Board that they planned to have N.R. spend the next year at the Rainbow Rascals Learning Center ( </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.ca8.uscourts.gov/opndir/05/04/041568P.pdf">OPINION/ORDER</A><BR> We hold unanimously that the residency restriction is not unconstitutional on its face. Because the appellees have not established by the </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTkyNzQgdyBFcnJhdGEucGRm/02-9274%20w%20Errata.pdf">OPINION/ORDER</A><BR> Were lawful. The Appellants contend that the searches were unlawful for lack of a reasonable basis to believe either that the juveniles had done anything that would be a crime if committed by an adult or had possessed weapons or other contraband. We conclude that the searches conducted upon each initial entry into the custody of the State's juvenile authorities were lawful. Violated the Fourth Amendment in the absence of reasonable suspicion that contraband was possessed. A juvenile is either a </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.ca8.uscourts.gov/opndir/97/05/952891P.pdf">OPINION/ORDER</A><BR> Nebraska (Local Office). 1988 in the district FAIR was denied access to the Local Office. Concluding that FAIR's First and Fourteenth Amendment rights were not violated because: (1) the Local Office's policy was not vague. (2) the Local Office was not a public forum. (3) the Local Office's regulation of expressive conduct was reasonable. (4) the Local Office's prohibition on FAIR's efforts to advocate its position to a captive audience was not motivated by opposition to its viewpoint. The requirement of independent appellate review is a rule of federal constitutional law. We are obliged to make a fresh examination of crucial facts. This Court's </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.ca9.uscourts.gov/ca9/newopinions.nsf/9F8F6256C84F54DD88256F63007B830C/$file/0330274.pdf?openelement">OPINION/ORDER</A><BR> WISE Facts Wise was convicted in 2003 of a crime of dishonesty. Claiming somewhat implausibly (she was 47 years old) that she had never had a driver's license. Wise was indicted under 18 U.S.C. § 1001 for two counts of lying to the federal government for her lies to the Social Security Administration and the Postal Service. Who was in prison. He drove toward where Wise was waiting. Holding a gun that was pointed at him. Wise was allowed to plead to misdemeanor negligent endangerment. There was more. A felon whom she had met while he was in jail. When a warrant was issued for Savage's arrest Wise ran away with him and the children. They were eventually apprehended in California when Wise was arrested for shoplifting. Savage pled guilty to the sexual abuse and was sentenced to 360 months imprisonment. While Savage was serving time for sexually abusing her children. Wise was caught smuggling child pornography to him in prison. Wise was barred from any physical visitation with her children until she completed counseling and demonstrated that she was fit to be a parent. </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.ca8.uscourts.gov/opndir/02/06/013971P.pdf">OPINION/ORDER</A><BR> I. Background CHMS is the health care model that Arkansas currently uses to provide early intervention diagnostic and therapy services to Medicaid eligible children between the ages of six months and six years in order to help make them ready for school. It is designed to serve children who </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1668.01A">OPINION/ORDER</A><BR> Callighan</SPAN> were on brief. Nelson</SPAN> were on brief. Paget</SPAN> was on brief. Loughman</SPAN> were on brief. One specific purpose of the amendments was to control government expenditures for students voluntarily placed in private schools by their parents. <SPAN STYLE= </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.law.emory.edu/11circuit//july2000/97-6365.ma3.html">CHANDLER V. UNITED STATES (7/21/2000, NO. 97-6365)<BR></A><BR> Was sentenced to death for murder in furtherance of a continuing criminal enterprise under 21 U.S.C. § 848(e)(1)(A). Jarrell has said he thought Petitioner was joking. Petitioner warned Jarrell that Shuler was going to cause them trouble and stated: </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="659"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/April2003/021928u.pdf">OPINION/ORDER</A><BR> This is a petition for review of the Board of Immigration Appeals denial of a motion to reconsider. We will grant the petition for review and remand.1 I Qui Fang Cai is a native and citizen of China. She is married and currently has four children. Were born in China before Cai left for the United States and remained in China after Cai's departure.2 The youngest two children. Were born in the United During the pendency of these immigration proceedings. We have jurisdiction under 8 U.S.C. § 1105a (1996). Are bases for grants of asylum and withholding of deportation. The Board has granted asylum and withholding of deportation based on claims regarding China's family planning policies even for applicants who were in immigration proceedings begun before the enactment of the IIRIRA. Is persecution or creates a well founded fear of persecution. </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.law.emory.edu/11circuit/apr2001/99-4166.man.html">UNITED STATES V. DIAZ (4/17/2001, NO. 99-4166)<BR></A><BR> The ensuing sentences ranged from a low of 188 months for Lopez to a high of 1145 months for Camacho.</SPAN></P> <P><SPAN STYLE= </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.law.emory.edu/11circuit//apr2001/99-4166.man.html">UNITED STATES V. DIAZ (4/17/2001, NO. 99-4166)<BR></A><BR> The ensuing sentences ranged from a low of 188 months for Lopez to a high of 1145 months for Camacho.</SPAN></P> <P><SPAN STYLE= </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.ll.georgetown.edu/federal/judicial/fed/opinions/00opinions/00-3449.html">LOIS DELONG V. DEPARTMENT OF HEALTH AND HUMAN SERVICES<BR></A><BR> Argued for respondent.<span style= </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.ca11.uscourts.gov/opinions/ops/19976365.OP2.pdf">OPINION/ORDER</A><BR> Was sentenced to death for murder in furtherance of a continuing criminal enterprise under 21 U.S.C. § 848(e)(1)(A). Jarrell has said he thought Petitioner was joking. Petitioner warned Jarrell that Shuler was going to cause them trouble and stated: </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1181.01A">OPINION/ORDER</A><BR> Were on brief for United States. [NOTE FROM SYSTEMS: APPENDIX I is not available on the EDOS publication of this opinion.]. Plaintiff Jean Stevenson Clark brought this action against the Government to </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTkyNzRfb3BuLnBkZg==/02-9274_opn.pdf">OPINION/ORDER</A><BR> Were lawful. The Appellants contend that the searches were unlawful for lack of a reasonable basis to believe either that the juveniles had done anything that would be a crime if committed by an adult or had possessed weapons or other contraband. We conclude that the searches conducted upon each initial entry into the custody of the State's juvenile authorities were lawful. Violated the Fourth Amendment in the absence of reasonable suspicion that contraband was possessed. A juvenile is either a </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.law.emory.edu/11circuit/july2000/97-6365.ma3.html">CHANDLER V. UNITED STATES (7/21/2000, NO. 97-6365)<BR></A><BR> Was sentenced to death for murder in furtherance of a continuing criminal enterprise under 21 U.S.C. § 848(e)(1)(A). Jarrell has said he thought Petitioner was joking. Petitioner warned Jarrell that Shuler was going to cause them trouble and stated: </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.ca11.uscourts.gov/opinions/ops/200313992.pdf">OPINION/ORDER</A><BR> Circuit Judge: It is a federal crime to use the internet to knowingly attempt to persuade. It is also a crime to aid or abet another in committing a federal crime. James Hornaday was charged by superseding indictment with violating both § 2422(b) and § 2. The case was tried to a jury. In his appeal Hornaday contends that his actions are not prohibited by § 2422(b) because he never used the internet to communicate directly with a minor. He also contends that he is entitled to a new trial because. It was improper for the court to instruct the jury that he could be convicted pursuant to § 2. The jury's general verdict may have been based on that improper legal theory. He is wrong about the first point. There was error but it was harmless. I. </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.ca11.uscourts.gov/opinions/ops/19976365.MA3.pdf">OPINION/ORDER</A><BR> Was sentenced to death for murder in furtherance of a continuing criminal enterprise under 21 U.S.C. § 848(e)(1)(A). Jarrell has said he thought Petitioner was joking. Petitioner warned Jarrell that Shuler was going to cause them trouble and stated: </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/03a0342p-06.pdf">OPINION/ORDER</A><BR> Skeeter was sworn in as a police officer on September 3. Skeeter was not told to target any particular individuals. Rather was directed to go out into the Circleville community. Cherrington was told to pack a bag. That this request was refused. Cherrington and Daija were taken from the motel and placed in a police car. Cherrington was taken to the Circleville police department for processing and placed in a cell. Her daughter Daija was released to a friend. Merely pretended to do so. 1 The local courts were closed on Monday. No. 01 3637 Cherrington was arraigned on drug trafficking charges. The Standards Governing This Appeal This case is on appeal from the District Court's grant of summary judgment to Defendants. B. The Individual Defendants Are Protected by Qualified Immunity Against the § 1983 Claims Asserted by Daija King. Argued that they were shielded from liability under 42 U.S.C. § 1983 by the doctrine of qualified immunity. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/April2003/014098p.pdf">OPINION/ORDER</A><BR> We will affirm. I. Plaintiff Amanda Walker Serrano was a nine year old third grade student at the Lackawanna Trail Elementary School. Walker Serrano did not approve of the voluntary outing because she believed the circus was cruel to animals. Walker Serrano was at her classroom desk during a class period of silent reading and independent work. Carpenter then noticed that one of the female students was crying she had fallen on the ice and was bleeding. Walker Serrano contends that Carpenter told her either </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.ca8.uscourts.gov/opndir/03/04/022236P.pdf">OPINION/ORDER</A><BR> Closed circuit testimony from the two children who were victims of his sexual abuse. Lomholt's victims were B.G. The confession was corroborated by testimony from N.P.'s mother regarding a change in N.P.'s personality following the period of abuse. The confession was also corroborated by evidence that during identified periods of time Lomholt. Was alone with the children and had the opportunity to commit abuse. The victims were allowed to testify at trial via closed circuit television pursuant to Iowa Code § 910A.14 (now codified as § 915.38(1)) which permits a court to </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.fedcir.gov/opinions/04-5050.pdf">OPINION/ORDER</A><BR> With him on the brief were Peter D. Of counsel on the brief was Tink D. Because the Court of Federal Claims correctly determined that Murakami was not entitled to compensation under the Act. Or fifth column activity committed by Japanese Americans were ever established. Was a United States citizen born and raised in Los Angeles and nearby Terminal Island. He and his family were relocated by the Government to the Manzanar internment camp in the desert near Bishop. Who was also from Los Angeles. pregnant. Arthur Murakami's individual exclusion order was lifted when he was informed that he was </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/1998/09/97-1287.htm">97-1287 -- U.S. V. MCVEIGH -- 09/08/1998<BR></A><BR> McVeigh ( </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/1997/10/95-4197.htm">95-4197 -- J.B. V. WASHINGTON COUNTY (UTAH) -- 10/07/1997<BR></A><BR> The purpose of this seizure was to obtain an interview with the child outside her parents' presence to investigate a report that the child's father had sexually abused her. We have jurisdiction under 28 U.S.C. </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/AE56F867508F3F918825715300582B98/$file/0455569.pdf?openelement">OPINION/ORDER</A><BR> The complaint alleges that defendants have failed to comply with procedural and substantive requirements of the Individuals with Disabilities Education Act. ANAHEIM UNION HIGH SCHOOL DISTRICT We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. I Joseph was born in 1990 with a genetic defect known as cri du chat. His I.Q. is below 70. His family's primary language is Korean. A satisfactory individualized education plan was adopted and implemented for him. An audiology assessment was scheduled during this review. The district informed Joseph's mother that it was her obligation to remove the cerumen or have it removed by a medical professional before the assessment could be completed. The cerumen was not removed and the assessment was never completed. Conducted a vision assessment and found that Joseph's vision was not hindering his education. ANAHEIM UNION HIGH SCHOOL DISTRICT 4227 believe that Joseph is afflicted with double vision and optic nerve damage which the assessment failed to identify. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/1999/08/98-2087.htm">98-2087 -- U.S. V. CHARLEY -- 08/27/1999<BR></A><BR> Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/AEE79A75B71F13C388256E00005FB59B/$file/0157256.pdf?openelement">OPINION/ORDER</A><BR> The strike was called because the Corona bargaining unit believed that Standard Concrete was negotiating with Local 952 in bad faith. At issue in this case is whether the Orange County bargaining unit violated its Collective Bargaining Agreement ( </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.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-3614_022.pdf">OPINION/ORDER</A><BR> The Sornbergers were released. First Bank was robbed by a perpetrator wearing a baseball cap. Illinois Chief of Police Rick Pesci was the first law enforcement official to arrive at the scene. No eyewitness nor any other First Bank employee was able to identify the robber. Who was an acquaintance of Dugan and a former customer of First Bank. Dugan remarked that he was less sure of the likeness. Who was present intermittently while the employ 4 No. 04 3614 ees viewed the surveillance tapes. Both Sornbergers offered consistent alibis: They were together at Scott's parents' home. All of these officers are named as defendants in this action. Only Teresa was present. She complied and was transported to Galesburg in the front seat of a police car. Although the existence of the statement is undisputed. Exactly what occurred during Teresa's interview is the subject of intense dispute between the parties. She was 6 No. 04 3614 told immediately after arriving in Galesburg that she was a suspect in the robbery. Teresa claims that she was then psychologically coerced into confessing by Officer Sheppard who allegedly (1) falsely informed her that witnesses placed her at the scene of the robbery. </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2415.01A">OPINION/ORDER</A><BR> <SPAN STYLE= </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.ca7.uscourts.gov/op/01/01-2098.PDF">OPINION/ORDER</A><BR> Concluding that many of the DCFS employees were entitled to absolute or qualified immunity. Was not a state actor. They have reasonable cause to believe that a child may be abused or neglected. If the person who is alleged to have caused the abuse or neglect is employed or otherwise engaged in an activity resulting in frequent contact with children and the alleged abuse or neglect are in the course of such employment or activity. Once DCFS informs a licensed child care facility that one of its employees is the subject of a DCFS formal investigation. State law mandates that the employer </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.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-1252_020A.pdf">OPINION/ORDER</A><BR> At issue is whether Wooten's comments to White indicated a preference against renting to White on the basis of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-3093.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. (1) This order and judgment is not binding precedent. R. 36.3. <hr> Plaintiff appellant T.W. is a child with Down syndrome. FACTS(1) T.W. was born on August 24. He was in Early Childhood Special Education classes. He was home schooled for most of the 1998 99 school year. Decisions about placement for special education students are made by a multi disciplinary team called the IEP team. If a child is identified as requiring special education services. We have considered the evidence in the record to which the plaintiff has referred in his briefs in this court. It is not necessary to rule on the defendant's objection to the use of extra stipulation evidence. Once the goals and objectives are set. While there is no evidence that their use of the term was intended in any way to be derogatory. We consider this term stigmatizing and hence will use alternative expressions to refer to T.W.'s placement. <hr> percentile. An IEP for the trial placement was developed on August 27. </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/F2966F1FBCDC786A88256E1A00836C61/$file/0235516.pdf?openelement">OPINION/ORDER</A><BR> Asserting that the arrest was in violation of the Fourth Amendment. Were in the process of divorcing. Or forced The terms of the order were set forth on a pre printed </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/2000/10/99-5130.htm">99-5130 -- FALVO V. OWASSO INDEPENDENT SCHOOL DISTRICT NO. I-011 -- 10/04/2000<BR></A><BR> </strong>Circuit Judges. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/May1995/95a1048p.txt">OPINION/ORDER</A><BR> Appellants are three groups of plaintiffs whose separate actions were consolidated by the district court because they all claimed they were harmed by exposure to toxic wastes appellee. The third group are persons. The primary relief all parties seek is medical monitoring. Which was entered following orders granting the Army's motions for summary judgment. We will affirm the orders of the district court with respect to all appellants except the Elliotts. The only plaintiffs who have been able to produce evidence of actual harm by medical evidence showing the Elliott children are suffering from conditions that require medical attention beyond the medical services everyone in the general population should have. NCAD's Use of the Land as a Landfill The New Cumberland Army Depot is located just east of the Harrisburg Airport on about 974 acres of land. The former landfill is bordered by a railroad embankment and the Susquehanna River to the north and by Marsh Run Creek ( </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.law.emory.edu/10circuit/oct97/95-4197.wpd.html">J.B. V. WASHINGTON COUNTY<BR></A><BR> The purpose of this seizure was to obtain an interview with the child outside her parents' presence to investigate a report that the child's father had sexually abused her. We have jurisdiction under 28 U.S.C. 1291 and affirm. BACKGROUND Washington County Deputy Pamela Humphreys was presented with a dilemma when she received an eyewitness report that a seven year old child. The school interview procedure was not available because L.B. was home schooled. Who is authorized by statute to prosecute any person charged with abuse or neglect before the juvenile court. Deputy County Attorney Langston concurred (1) See Utah Code Ann. 62A 4a 101(16)(b) (1997) (protective services provided by the Division of Child and Family Services are in part to </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="648"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/982227.P.pdf">OPINION/ORDER</A><BR> Lovern is the non custodial parent of three children who attend Henrico County public schools near Richmond. Lovern's appeal is therefore limited to the dismissal of his claim for damages. 2 nois. R. Tucker High School in Henrico County was evicted from a game. Sought to have the principal appeal the coach's eviction. His son was not selected by the basketball coach to play on Tucker's varsity basketball team. Lovern testified that although he was under a court order to pay $600 per month for child support. 1997 letter to Lovern stated in pertinent part: The purpose of this letter is to reemphasize the process by which you should bring your concerns regarding Tucker High School to my attention. We have shared this with you on several occasions. . . . The coaches were involved in getting their basketball practice started and your interruption was inappropriate. As I have explained to you on several occasions. All parties will meet to discuss any issues. You have made it clear to several Henrico County School staff that you are taking legal action regarding concerns about Henrico County Schools. . . . </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.ca3.uscourts.gov/opinarch/042931p.pdf">OPINION/ORDER</A><BR> Argues that the Commissioner and Tax Court erred in concluding that those payments were </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.ca11.uscourts.gov/opinions/ops/200415078.pdf">OPINION/ORDER</A><BR> We will refer to Walley as </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/05a0058p-06.pdf">OPINION/ORDER</A><BR> Which is located in Fort Thomas. Seventh and eighth grades and is part of the Fort Thomas Public School District. The Council has responsibility for setting school policy that is consistent with the school board's policies and that is designed to </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/04/06/032487P.pdf">OPINION/ORDER</A><BR> Because we determine that there was no violation of a clearly established constitutional right. Defendants are entitled to qualified immunity. By March 1985 Shirley was attempting to regain custody of plaintiffs. Shortly after the court ordered placement in 1985 and informed her that Amy had complained that someone was </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/B5C3E151B6CFDC4D88256E2200716A22/$file/0216780.pdf?openelement">OPINION/ORDER</A><BR> Acting as de facto parents to grandchildren who are dependents of the juvenile court. Have a substantive due process right to family integrity and association with those grandchildren. Charles and Patricia Miller are grandparents of three young girls who had been removed from their natural parents because of neglect. Concluding that the Millers have no constitutional right to visit their grandchildren when the children are dependents of the juvenile court. As we have jurisdiction pursuant to 28 U.S.C. § 1291 and no other issue merits reversal. I The Millers' grandchildren were removed from their parThe complaint names the State of California as well as Yuba County CPS employees Mike Noda. We will refer to the Yuba County parties collectively as Yuba County. The three girls were declared dependents of the Yuba County Juvenile Court on June 21. Were placed with the Millers. The mother left California in November 1994 and reunification services for her were terminated June 22. A March 1996 petition for return of the children was denied. </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/02/02/011851P.pdf">OPINION/ORDER</A><BR> Vuyiswa was also charged with alien smuggling under § The Honorable David R. I. Vuyiswa is a forty four year old native of South Africa who grew up in Zambia. She is divorced. Her children Mwinji and Muchemwa are natives and citizens of Zambia. The applications were denied. The INA was amended in 1996. Vuyiswa initially claimed that her children were United States citizens and that she was returning to the country after taking a short trip to Canada. Vuyiswa then admitted that her children were not United States citizens. Vuyiswa asserts that she was sick and exhausted at the time of the border crossing. That she was listening to loud music in her car. The judge also concluded that petitioners were not eligible for any waiver of deportability or other relief and ordered them deported. Arguing that Vuyiswa crossed the border accidentally and without intending to evade inspection and that she was never free from official restraint. The INS responds that she could not possibly have driven through the border checkpoint accidentally and that she was free from official restraint when she traveled out of sight of any law officer for approximately two miles within the United States. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/011845.P.pdf">OPINION/ORDER</A><BR> Section 6 the status line is corrected to begin </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/2002/10/01-1053.htm">01-1053 -- GONZALES V. CITY OF CASTLE ROCK -- 10/15/2002<BR></A><BR> Gonzales alleged that plaintiffs' substantive and procedural due process rights were violated when defendant police officers failed to enforce a restraining order against her estranged husband. Gonzales was seeking enforcement of the order. The order was entered into the central registry of restraining orders. The order was served on Mr. Gonzales was excluded from the family home and was prohibited from molesting or disturbing the peace of Ms. Simon Gonzales abducted the three girls while they were playing outside their house. Gonzales discovered the children were gone. Officers Brink and Ruisi were sent to the Gonzales home. The Officers </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-2272.01A">OPINION/ORDER</A><BR> Was on the brief for appellants District Attorney's Office and Michael N. P.C.</SPAN> were on the brief for appellant Carl Borgioli.</P> <BR WP= </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/96/06/951908P.pdf">OPINION/ORDER</A><BR> Defendants are protected by qualified immunity. the reasons discussed below. Background It is undisputed that SCAN. Lynn Sims and Geneva Wordlaw were at all relevant times employees of SCAN. That she was. Collie and was passing along to Goin. at 151. When Anthony was brought to Dr. Anthony was admitted to LeBonheur Hospital for Referring to that a period from November 5. There [were] no episodes of paleness. Anthony was sent home with 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.ca3.uscourts.gov/opinarch/054011p.pdf">OPINION/ORDER</A><BR> Petitioners contend that they qualify for asylum and withholding of removal because they have a well founded fear of persecution under China's one child policy should they be returned to China. We will grant the petition for review on Petitioner Chen's asylum claim. I. Chen and his wife Gao are Chinese citizens from the Fujian province. Both Chen and Gao's applications were denied. Their cases were referred to immigration court. Their claims 3 were consolidated. He was not seeking asylum on the basis of his parents' activities. Both Petitioners testified that they hoped to have more children and were physically able to do so. Chen's application was timely. The IJ found that the couple had </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug2000/982041.txt">OPINION/ORDER</A><BR> Was pregnant. Have now sued Seip under 42 U.S.C.S 1983. A. Seventeen year old Leah Gruenke was an eleventh grader at Emmaus High School and a member of the varsity swim team. Began to suspect that Leah was pregnant. Seip observed that Leah was often nauseated. Leah's body was </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/01/06/001882P.pdf">OPINION/ORDER</A><BR> When two taxpayers claim a tax benefit to which only one is entitled. Before final judgment was entered in Linda's favor. Concluding that the Commissioner's litigation position was substantially justified. The earned income credit ( </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/44199E331021587F88256DB3007DDD36/$file/0235902.pdf?openelement">OPINION/ORDER</A><BR> One of the homes identified by Donna was owned by Ralph Gausvik. Barbara Garaas is also the mother of Travis Garaas. Indicates she was his longtime girlfriend. 1 14704 GAUSVIK v. Perez attempted to have Travis admit to the abuse. All of the Garaas children were then examined by Dr. He reported that Travis and Troy's examinations were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-2041.01A">OPINION/ORDER</A><BR> Caldeira</U> were on brief for appellant.</FONT></P> <BR WP= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-2216.01A">OPINION/ORDER</A><BR> Was on brief for appellant United States. Were on brief for appellee Jean Mitchell. A heart condition that often causes an increase in the rate at which blood clots are formed. Which was treated by a hemicolonectomy in 1983. The operation was successful and he remained asymptomatic until the end of his life. He was required to undergo prophylactic colonoscopies approximately every two years to detect any recurrence of the cancer. He was taken off Coumadin three days prior to the operation. Coumadin therapy was restarted the same day he was discharged from the Hospital. Hassey was due for another colonoscopy. He was admitted to the Hospital on April 22. A suspicious polyp was located and removed by </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9D3706DE514AF63588256BBF007EB1DE/$file/0056192.pdf?openelement">OPINION/ORDER</A><BR> Background The Cavaliers created copyrighted works involving several characters who are featured in children's stories. A </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/1AC18E7FEB98DB6D88256CDB000AFCF4/$file/0016423.pdf?openelement">OPINION/ORDER</A><BR> Bush is substituted for his predecessor. Is ordered amended. The Clerk is instructed to file the amended opinion with Judge Fernandez's amended concurrence/dissent. The Clerk is also instructed not to accept for filing any new petitions for rehearing and petitions for rehearing en banc in this case. The petitions for rehearing are DENIED and the petitions for rehearing en banc are DENIED. Concurring in the order: My views as to the merits of this issue are set forth in the amended majority opinion authored by Judge Goodwin. I disagree with the notion that the importance of an issue is a sufficient reason to take a case en banc. The rule begins by stating that a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="637"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B6EE07410E8F766688256CC5005B59DB/$file/0117458.pdf?openelement">OPINION/ORDER</A><BR> John Perkin are members of the Hawaii bar. The mother of three potential heirs (the </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/2002/09/01-4057.htm">01-4057 -- ROSKA V. PETERSON -- 09/05/2002<BR></A><BR> The district court found that defendants were entitled to qualified immunity and dismissed the suit. He was wearing a parka even though it was 70 degrees outside. Was sweating. Roska apparently stated that Rusty was suffering from kidney failure. Who allegedly informed the nurse that he did not have kidney failure.<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.ca6.uscourts.gov/opinions.pdf/03a0381p-06.pdf">OPINION/ORDER</A><BR> 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 </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/2002/07/01-2288.htm">01-2288 -- CARBAJAL V. ALBUQUERQUE -- 07/30/2002<BR></A><BR> 1291 and AFFIRM. <p> Many of the original plaintiffs in this action are no longer APS students. Others are still enrolled in APS but are not enrolled in the ALS program. We have concluded that at least one plaintiff with standing remains as to each claim. <p> The New Mexico BMEA's stated purpose 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/07a0340n-06.pdf">OPINION/ORDER</A><BR> He was sentenced to 98 months' incarceration. That the government failed to prove the visual depictions at issue were of </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/479311A09B64470E882572AA00568922/$file/0671282o.pdf?openelement">OPINION/ORDER</A><BR> Petitioners have filed three motions for reconsideration of our July 3. Because petitioners have not identified any points of law or fact overlooked by the court. These motions are denied. Are therefore ineligible for cancellation of removal. </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTQ1MDVfb3BuLnBkZg==/02-4505_opn.pdf">OPINION/ORDER</A><BR> Discriminates against him because he is adopted. Because 8 U.S.C. § 1432's treatment of adopted children is rationally related to a legitimate government interest. BACKGROUND Smart was born in Jamaica in 1982. He was adopted by Daphne and Horace McLean. Horace McLean was naturalized several months after Smart's adoption. Smart did not reside with either parent at the time each 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 was naturalized in the United States. Smart was admitted to the United States as a lawful permanent resident. He was convicted upon a guilty plea in New York state court of attempted robbery in the second degree. As that term is defined in INA § 101(a)(43)(F). Smart's sole defense to removal was that he had derived U.S. citizenship from his adoptive parents. Both of whom were naturalized before Smart's eighteenth birthday. The statutory provision under which he was claiming derivative citizenship. From achieving derivative citizenship because he was not residing with his adoptive parents in the United States at the time they were naturalized. </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1488.01A">OPINION/ORDER</A><BR> Were on brief. Kauch was married to Joan Berrigan until 1996. Is a sad one. We find that her actions were reasonable and therefore affirm the district court's grant of summary judgment for Benjamin.</SPAN> <P><SPAN STYLE= </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.ca7.uscourts.gov/op/01/01-1608.PDF">OPINION/ORDER</A><BR> Which No. 01 1608 3 was closer to home for both Selimi and his attorney. The INS opposed the motion on the ground that its witnesses (the inspectors who had detained Selimi and taken his sworn statement) were located in New York. The New York INS inspectors would have to testify. This time conceding that he had violated section 212(a)(6)(E) and was excludable on that basis. Confirmed his concession that he was excludable pursuant to section 212(a)(6). Selimi offered into evidence a written statement from his wife representing that it was she rather than Selimi who had paid for the falsified passports. The denial of Selimi's requests for asylum and withholding of deportation are not at issue in this appeal. 4 No. 01 1608 paid $4. She was afraid to make the trip by herself. He acceded to his wife's plan to enter the U.S. illegally because he was under </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-1826.01A">OPINION/ORDER</A><BR> P.A. was on brief. Were on brief. Yesterday's Children is a non profit corporation which operates. Evidence was heard in October 1993 by an Administrative Law Judge. His decision was reviewed by a three member panel of the NLRB. The Board reversed the ALJ and found that the employer's actions were illegal because the conduct of the two employees was protected by 7 of the Act. The facility's name was changed from Agape House to Birchwood Living Center. 2 2 issued two written reprimands and then discharged. I. The facts are now largely undisputed. During the first half of 1992 Laura Cunningham was a nursing assistant at Agape House. Smith was a charge nurse2 there. Jeffrey Cake was hired as the Executive Director of Yesterday's Children and the Administrator of Agape House. It appears that the charge nurse is the head nurse on a given shift. That is. The person at the facility who is primarily responsible for the medical care of the residents. 3 3 Leavitt. Leavitt is alternately described in the record as the </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=96-1954.01A">OPINION/ORDER</A><BR> Eisenhart and McFaul & Eisenhart were on brief for appellant. Were on brief for appellees. Warren Brown is the paternal grandfather of two minor children. No official action was taken. Allegedly because he was drunk. He was told by Department officials that he had missed appointments and no further treatment or evaluation would be offered. Was rejected and then renewed his motion. The renewed motion was denied after a hearing. A later appeal by Brown through the state appellate courts was fruitless. The district court held that the state proceedings sought to be enjoined had concluded and that the request for relief was now moot. The court also eliminated certain of the defendants primarily higher level officials on the ground that no sufficient connection between them and the events in dispute was adequately alleged. The dismissals were based on qualified immunity. The district court held that neither the reputational nor associational rights asserted by Warren Brown were </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/1999/05/98-2087.htm">98-2087 -- U.S. V. CHARLEY -- 05/07/1999<BR></A><BR> Circuit Judge. <p> <hr align= </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.ca8.uscourts.gov/opndir/05/11/033997P.pdf">OPINION/ORDER</A><BR> Is substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c). 1 request for relief under the Convention Against Torture (CAT). Credible evidence that petitioners' fear of future persecution is well founded. Petitioners met and were married in the United States. Have a son and a daughter. Petitioners wish to have at least four children. They fear that if they are forced to return to China. They will suffer persecution. Chinese government authorities are aware. Or will be notified. That petitioners have more than one child. Petitioners will have to reestablish their household by registering with the government. Will be required to report their two children. The petitioners have not waived their right to appellate review of the IJ's forthcoming determination on the withholding of removal/deportation and CAT claims. 22 to the government that she was married in the United States and has two children. When her brother informed the officials that she has two children and intends to have more. </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.ca9.uscourts.gov/ca9/newopinions.nsf/4B2A18CDE5AA151A88256BD000034BE3/$file/9936000.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: This is an appeal from the denial of a petition for writ of habeas corpus challenging petitioner Emanuel Sistrunk's state court conviction for rape. I. BACKGROUND Sistrunk was convicted in Oregon state court in 1986 for the rape of an eleven year old girl. She was examined by an emergency room doctor who noted that she had an abrasion in her vaginal area. ARMENAKIS The motion was denied. Testified that studies on child abuse allegations proved 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.ca9.uscourts.gov/ca9/newopinions.nsf/83DD75F5841659F188256ED7004B7170/$file/0215113.pdf?openelement">OPINION/ORDER</A><BR> Was disbarred from the practice of law before the United States Court of Appeals for the Ninth Circuit pursuant to Federal Rule of Appellate Procedure 46(b)(1)(A). 2004 order and opinion is amended as follows: The two paragraphs on slip op. 4046 47 that read: 9592 GADDA v. Respondent shall file notices of withdrawal in all cases pending in this court in which he is counsel of record. R. 46 2(g). are deleted. Respondent Gadda shall file notices of withdrawal in all cases pending in this court in which he is listed as counsel of record as of June 1. Gadda's motion is denied. Failure to comply with this order within the time permitted will result in the imposition of monetary sanctions of not less than $1. The other proceeding is a disciplinary action initiated by this court after we received notice of Gadda's suspension from practice by the State Bar Court. Gadda argues that any reciprocal discipline imposed by the BIA or by this court based on the State Bar Court's suspension order is invalid because the Supreme Court of California GADDA 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://www.ca8.uscourts.gov/opndir/99/06/981721P.pdf">OPINION/ORDER</A><BR> Claiming that the findings and award are not supported by the record. The State of Arkansas and ADE make only one argument: that because Congress does not have the power under section 5 of the Fourteenth Amendment to pass legislation such as the IDEA. The purported abrogation of states' Eleventh Amendment immunity in § 1403 of that Act is ineffectual and therefore the state and the ADE are not proper parties to the suit. Was amended as the Education for All Handicapped Children Act in 1975. The stated purpose of the Act is to assure that all children with disabilities have available to them . . . a free appropriate public education which emphasizes special education and related services designed to meet their unique needs. To assure that the rights of children with disabilities and their parents or guardians are protected. The chief mechanism for instituting the congressional purpose is the </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/022056.P.pdf">OPINION/ORDER</A><BR> As is required by 42 U.S.C.A. § 292f(g) (West 2003). The parties agree that the facts of this case are undisputed. Smitley was 47 years old. Positions in The Great Lakes Higher Education Corporation did not participate in the adversary proceeding because ECMC is its successor in interest. 2 The record indicates that Smitley paid approximately $10. Smitley's wife was 45 years old. The children have health insurance through the State. Smitley and his wife do not have health insurance. Smitley stated the following basis for his </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/42DE70D8ACB5B80888256F24005ABF9E/$file/0257037.pdf?openelement">OPINION/ORDER</A><BR> Senior Circuit Judge: Rechy Monzon Sese and Emerson Angeles1 appeal the district court's grant of summary judgment in favor of the Appellees.2 Both are natives and citizens of the Philippines. Sese and Angeles were granted V nonimmigrant visas that allowed them to reunite with their families in this country. Those visas were terminated shortly after they received them. Arguing that the provisions are contrary to Congress's intent in enacting the underlying statute. His claim is no longer before us. 2 The INS was abolished by the Homeland Security Act of 2002. Appellees will be referred to as the </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.ca8.uscourts.gov/opndir/06/03/053094P.pdf">OPINION/ORDER</A><BR> Was at least four years younger than Levering. While Levering and T.E. were walking. Levering then explained to T.E. that no friend was waiting at their grandmother's house to see her. Levering stopped her and told her that he wanted to have sex. Reminding him that they were related. T.E. then struck Levering in the head with a camera she was carrying in order to escape. Was already at the police station. Levering was subsequently charged with knowingly using force to engage in a sexual act with T.E. Was at least four years younger than Levering. Levering's clothing and the victim's clothing showed evidence of a struggle because they were ripped and grass stained. A two level enhancement was added pursuant to U.S.S.G. § 2A3.1(b)(2)(B) because the victim had attained the age of twelve years but had yet to attain the age of sixteen. Was credited with a three level adjustment for acceptance of responsibility. One of the special conditions of Levering's supervised release was that Levering could </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.ca8.uscourts.gov/opndir/03/07/021694P.pdf">OPINION/ORDER</A><BR> The school is a part of a complex that spans Lewis. The individual plaintiffs are parents whose children were involved in the incident that led to the preliminary injunction. Waddle is the Chief Juvenile Officer for the Second Judicial Circuit in Missouri. Alleging that these defendants were harassing and intimidating Heartland. The case was pending when. The removal was without notice to Heartland. Authorities had ex parte probable cause state court orders to remove only about seventy five of the students who were taken into custody. As well as orders for approximately forty children who no longer lived at Heartland and for four others who were over the age of eighteen. That is. Which evidently was inaccurate by October when he decided that all of the children living at Heartland needed to be removed immediately. The students were confined by juvenile authorities. They were given a copy of a letter from a juvenile The Heartland parents were added as plaintiffs on February 14. Lewis County were not included in Waddle's notice of appeal. </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/031030.P.pdf">OPINION/ORDER</A><BR> When the parents believe their disabled child's IEP is inadequate. The issue in this appeal is whether the district court was correct in assigning the burden of proof to the school system in that proceeding. The IDEA is silent on burden of proof. Because we have no valid reason to depart from the general rule that the party initiating a proceeding has the burden of proof. Green Acres does not have a special education program. Brian was placed on probation when he began the seventh grade in the fall of 1997. Brian's parents applied to have him admitted to another private school. The following month Brian was admitted to the McLean School for the next academic year. The parents informed MCPS that the proposed IEP was inadequate and that Brian would attend private school at McLean. In Maryland the due process hearing is conducted by an administrative law judge (ALJ) in the state's Office of Administrative Hearings. Not the process by which it was developed. The ALJ explained that deference is owed to education professionals in the substantive design of an IEP. </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/031046.P.pdf">OPINION/ORDER</A><BR> The district court concluded that such reimbursement was necessary because AACPS denied AB a free appropriate public education ( </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/971389.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The plaintiffs sued on the novel theory that they were denied a </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/971762.P.pdf">OPINION/ORDER</A><BR> The district court granted the defendants' motion to dismiss primarily on the grounds that such damages are unavailable under IDEA. I. The instant appeal is from a dismissal for failure to state a claim. Kristopher was eighteen years old. That his test scores as 2 early as fourth grade </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.ca8.uscourts.gov/opndir/01/05/002173P.pdf">OPINION/ORDER</A><BR> Jurisdiction is invoked pursuant to 29 U.S.C. § 1144(a). Facts A decree of dissolution was entered in 1988 between Harold and Deborah Gander. In 1992 the agreement was modified. Said sums are to be used for the equal benefit of the children. For how any and all such sums are expended. Harold Gander was an employee of Barnes Jewish Christian Center. ITT Hartford was the policyholder for Barnes Jewish Christian Center. Hartford Life and Accident Insurance Co. defines a viatical agreement as follows: </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.law.emory.edu/11circuit/sept2002/01-15834.opn.html">UNITED STATES V. RICHARDSON (9/4/2002, NO. 01-15834)<BR></A><BR> Appellant was indicted. Appellant stood trial before a jury and was convicted on both counts. Appellant was arrested for possessing child pornography in violation of Florida law. The district court's jury instructions were erroneous.<A HREF= </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.law.emory.edu/11circuit/jan98/95-4744.man.html">RANKIN V. EVANS (1/29/1998, NO. 95-4744)<BR></A><BR> Obviously the issues must be resolved dispassionately.</P> <P> Plaintiff appellant Doug Rankin was arrested in late November of 1988 and charged with the sexual abuse of a child under the age of twelve. It affirmatively found that he was </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.cadc.uscourts.gov/common/opinions/200006/99-5215a.txt">OPINION/ORDER</A><BR> With him on the briefs were Lois McKenna Henry. With him on the brief were Robert R. With him on the brief were David W. I The Individuals with Disabilities Education Act seeks to </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.cadc.uscourts.gov/common/opinions/200101/00-7008a.txt">OPINION/ORDER</A><BR> With him on the briefs were Kevin C. Was on the brief for amicus curiae District of Columbia Financial Responsibility & Management Assistance Authority. On the brief were Brendan V. The District of Columbia contends that the officers are enti tled to qualified immunity because. It was not clearly established prior to Eric Butera's death that the officers' conduct would violate these rights. The appeal presents two questions of first impression in this circuit: (1) whether the District of Columbia can be held constitutionally liable for failing to protect an individual who is not in custody from harm inflicted by a third party. Through which Eric Butera might have succeeded in proving a constitutional violation. Was not clearly established prior to his death. The officers were entitled to qualified immu nity. We also hold that there is no parental due process right to the company of an adult child who is independent. The officers were entitled to summary judgment on all claims brought under 42 U.S.C. s 1983. </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTEyMTktY3Jfb3BuLnBkZg==/04-1219-cr_opn.pdf">OPINION/ORDER</A><BR> The only payment received was an involuntary garnishment of her wages in mid March of 1998. She applied for and was issued by the Florida Department of Highway Safety and Motor Vehicles a Florida only driver's license. Although there is some evidence that Venturella returned to New York on various occasions while she lived in Florida. Or is greater than $5. Or is greater than $5. That definition has no reference to an intent to remain permanently or indefinitely and would have simply required the jury to determine whether Venturella had her </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1994/94a0879p.txt">OPINION/ORDER</A><BR> This district court's judgment declared that Huff was the legal spouse of William N. This case arose when the Director of the United States Office of Personnel Management ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E8D7E9174FBB65B488256E68007C56C1/$file/0215113.pdf?openelement">OPINION/ORDER</A><BR> The other proceeding is a disciplinary action initiated by this court after we received notice of Gadda's suspension from practice by the State Bar Court. Gadda argues that any reciprocal discipline imposed by the BIA or by this court based on the State Bar Court's suspension order is invalid because the Supreme Court of California lacked jurisdiction to discipline him. I Gadda was admitted to the California State Bar in 1975. He was admitted to practice law and became a member of the bar of the United States District Court for the Northern District of California. He was also admitted to practice before the GADDA v. ASHCROFT 4031 Board of Immigration Appeals ( </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTI1NDItY3Zfb3BuLnBkZg==/04-2542-cv_opn.pdf">OPINION/ORDER</A><BR> J.) denying their motion for a preliminary injunction requiring New York City and the State of New York to provide immediately to all members of the plaintiff class all services required by their Individualized Education Programs that have been put in place under the Individuals with Disabilities Education Act. Plaintiffs argue that in evaluating whether they were entitled to a preliminary injunction. We also agree that the District Court erred in using the </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.law.emory.edu/11circuit/nov99/99-10037.man.html">UNITED STATES V. TILLMON (11/10/1999, NO. 99-10037)<BR></A><BR> We follow the majority of circuits who have decided this issue and hold that the primary victims of these offenses were the multiple minors depicted and that therefore the district court did not err in refusing to group. She was actually a government informant. This is a compilation of seven pictures. Defendant objected to the failure to group solely on the ground 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.law.emory.edu/11circuit//sept2002/01-15834.opn.html">UNITED STATES V. RICHARDSON (9/4/2002, NO. 01-15834)<BR></A><BR> Appellant was indicted. Appellant stood trial before a jury and was convicted on both counts. Appellant was arrested for possessing child pornography in violation of Florida law. The district court's jury instructions were erroneous.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/April2004/031620p.pdf">OPINION/ORDER</A><BR> Is unconstitutional on its face and as applied to him.1 We disagree. Sitting by designation. * Randolph was indicted under two statutes. Moved to dismiss the indictment on the ground that both statutes are unconstitutional. After the motion was denied. Randolph contends that child molestation is not </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTM5NjUtYWdfb3BuLnBkZg==/04-3965-ag_opn.pdf">OPINION/ORDER</A><BR> Was not credible. Petitioner argues that (1) the IJ erred in finding petitioner not credible with regard to his claim of past persecution and (2) the IJ erred as a matter of law in concluding that petitioner's having fathered two children in China is not itself grounds for a well founded fear of future persecution entitling him to relief. May qualify on that basis alone as </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/2002/03/01-1186.htm">01-1186 -- MONROE V. OWENS -- 03/21/2002<BR></A><BR> Although we adhere to the principle that unsupported conclusory allegations are insufficient to state a claim. <u>See<em></u> <u></em>Hall v. We have reviewed appellants' complaints. We analyze the propriety of the district court's dismissals of all of the appellants' complaints under Rule 12(b)(6) individually. <p> <center><strong>II</strong></center> <p> The first case in the consolidated cases on appeal was filed July 20. As district court case 00 CV 1456.<a href= </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.law.emory.edu/11circuit//nov99/99-10037.man.html">UNITED STATES V. TILLMON (11/10/1999, NO. 99-10037)<BR></A><BR> We follow the majority of circuits who have decided this issue and hold that the primary victims of these offenses were the multiple minors depicted and that therefore the district court did not err in refusing to group. She was actually a government informant. This is a compilation of seven pictures. Defendant objected to the failure to group solely on the ground 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://vls.law.villanova.edu/locator/3d/March2003/991324.pdf">OPINION/ORDER</A><BR> Enough is Enough. In which the Court held that our decision affirming the District Court's grant of a preliminary injunction against the enforcement of the Child Online Protection Act ( </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1107.01A">OPINION/ORDER</A><BR> P.C.</U> were on brief. Burling</U> were on brief. Flom LLP</U> were on brief. Was on brief. Were on brief. <U>Chief Judge</U>.</STRONG></FONT><FONT FACE= </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/2000/07/99-5130.htm">99-5130 -- FALVO V. OWASSO INDEPENDENT SCHOOL DISTRICT NO. I-011 -- 07/31/2000<BR></A><BR> Are entitled to qualified immunity because it was not clearly established law that the grading practice violated FERPA. Falvo is the mother of Elizabeth. Falvo learned that a number of her children's teachers would sometimes have their students grade one another's work assignments and tests and then would have the students call out their own grades to the teacher. Although Falvo was told that her children always had the option of confidentially reporting their grades to the teacher. When Falvo's children were in the sixth. Arguing the court should have granted relief in favor of Philip Pletan on the Fourteenth Amendment claim because. Summary judgment is appropriate </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/05a0968n-06.pdf">OPINION/ORDER</A><BR> Kevin Moore and Katrina Clark were divorced in Michigan on December 15. Moore was ordered to pay child support in the amount of $151 per week for his then five and three year old children. Said minor children shall remain the irrevocable beneficiaries to such payment for so long as they are eligible to receive support from Plaintiff [Moore.] </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.law.emory.edu/11circuit//jan98/95-4744.man.html">RANKIN V. EVANS (1/29/1998, NO. 95-4744)<BR></A><BR> Obviously the issues must be resolved dispassionately.</P> <P> Plaintiff appellant Doug Rankin was arrested in late November of 1988 and charged with the sexual abuse of a child under the age of twelve. It affirmatively found that he was </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.ca11.uscourts.gov/opinions/ops/19954744.OPN.pdf">OPINION/ORDER</A><BR> Plaintiff appellant Doug Rankin was arrested in late November of 1988 and charged with the sexual abuse of a child under the age of twelve. It affirmatively found that he was </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.ca11.uscourts.gov/opinions/ops/19954744.MAN.pdf">OPINION/ORDER</A><BR> Plaintiff appellant Doug Rankin was arrested in late November of 1988 and charged with the sexual abuse of a child under the age of twelve. It affirmatively found that he was </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/1998/04/97-3011.htm">97-3011 -- HEARTSPRINGS INC. V. HEARTSPRING INC. -- 04/20/1998<BR></A><BR> Defendant Heartspring runs a school in which physically disabled children are taught basic life skills such as dressing. Plaintiff claims defendant's use of the name </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=06-2187.wpd">OPINION/ORDER</A><BR> Cos and accepting the district court's factual findings because they are not clearly erroneous. Cos's friend lacked actual or apparent authority to consent to the search and that the good faith exception to the exclusionary rule is inapplicable. Cos by telephone but was unsuccessful. That they were </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1749.01A">OPINION/ORDER</A><BR> Were on brief for appellee. Were on brief for appellant. Jr. and Dimitri & Dimitri were on brief for appellee. Rivera was convicted of carrying about a pound of cocaine from New York to Providence. She argues that the district court would have departed downward from the minimum thirty three month Guidelines prison term but for the court's view that it lacked the legal </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="626"></TD> <TD CLASS="swtitle"><A HREF="http://www.ll.georgetown.edu/federal/judicial/dc/opinions/00opinions/00-7008a.html">OPINION/ORDER</A><BR> With </P> <P>him on the briefs were Kevin C. Was on the brief for </P> <P>amicus curiae District of Columbia Financial Responsibility </P> <P>&. On the brief </P> <P>were Brendan V. </P> <P>the District of Columbia contends that the officers are enti </P> <P>tled to qualified immunity because. It was not </P> <P>clearly established prior to Eric Butera's death that the </P> <P>officers' conduct would violate these rights. </P> <P>the appeal presents two questions of first impression in this </P> <P>circuit: (1) whether the District of Columbia can be held </P> <P>constitutionally liable for failing to protect an individual who </P> <P>is not in custody from harm inflicted by a third party. </P> <P>through which Eric Butera might have succeeded in proving a </P> <P>constitutional violation. Was not clearly established prior to </P> <P>his death. The officers were entitled to qualified immu </P> <P>nity. We also hold that there is no parental due process right </P> <P>to the company of an adult child who is independent. </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/2003/04/01-4057.htm">01-4057 -- ROSKA V. PETERSON -- 04/29/2003<BR></A><BR> Chief Circuit Judge. <p> <hr align= </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.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-5171.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. We conclude that we have appellate jurisdiction over that part of this interlocutory appeal. That we do not have appellate jurisdiction to review the district court's rulings with regard to defendants' Rooker Feldman and collateral estoppel defenses. I. Plaintiff Angela Suasnavas (Suasnavas) is the natural mother of Shari Kay Phillips (Phillips). Plaintiffs Margaret Luethje and Arnold Luethje (the Luethjes) are married. They are Suasnavas's mother and step father. Plaintiff Evie Burris (Burris) is Suasnavas's half sister. She is the daughter of Margaret Luethje and Arnold Luethje. The Luethjes are the natural grandparents of Burris's children. Jones are or were child welfare social workers employed by the Oklahoma Department of Human Services. <hr> Plaintiffs filed a civil rights action against defendants under 42 U.S.C. 1983. Defendants: (1) falsely accused Arnold Luethje of having sexually molested Suasnavas when she was a child. </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/06a0659n-06.pdf">OPINION/ORDER</A><BR> Murphy's related claim against Children's Home of Detroit was settled prior to the hearing on the issue of fair representation before the administrative law judge. She is no longer employed at that facility. 1 * Nos. 05 2122/05 2163 NLRB v. PROCEDURAL AND FACTUAL BACKGROUND Remonia Murphy was an employee of Children's Home of Detroit. Children's Home and the union were parties to a collective bargaining agreement. Murphy was a union member and held several offices within the union. Was later described by the administrative law judge who heard this case as 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.ca9.uscourts.gov/ca9/newopinions.nsf/F32309C371A399FB88256EB4005B99AB/$file/0330142.pdf?openelement">OPINION/ORDER</A><BR> We hold that the district court did not err in calculating the Wrights' sentences.1 FACTUAL AND PROCEDURAL BACKGROUND Both of the Wrights were indicted for crimes involving the sexual exploitation of children in August 2002. The offense conduct that supports this count consists of James's production of The Wrights were co defendants of Donald Keffler. Donald Keffler was convicted of 6 counts of production of material involving the sexual exploitation of children. All but one of the production counts were based on Keffler's production of images depicting either himself or James Wright engaging in sexually explicit conduct with the Wrights' children. 1 UNITED STATES v. Because the victim was under 12 years old. The court applied a 2 level increase under § 2G2.1(b)(2) because James was the parent of the minor victim. The court then applied § 2G2.2(c)'s cross reference to § 2G2.1.2 Tracey's sentence was therefore computed. The PROTECT Act applies retroactively to the Wrights' appeals even though they were pending on the date of the Act's enactment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2004/033124p.pdf">OPINION/ORDER</A><BR> Chen's primary argument is that he is eligible for asylum based on his fiancee's forced abortion at the hands of Chinese government officials. Chen relies on a decision of the Board of Immigration Appeals holding that the spouse of a person who was forced to undergo an abortion or sterilization is deemed under a 1996 amendment to 8 U.S.C. § 1101(a)(42) to have suffered past persecution. While he and his fiancee were never married. They would have married The Honorable J. Which was instituted as part of the country's oppressive population control program. Chen contends China's refusal to permit him to marry constituted persecution and that therefore the BIA's decision to limit C Y Z to married persons is irrational and arbitrary and must be rejected. Is reasonable. Are both natives and citizens of the People's Republic of China. Chen was 19 and Chen Gui was 18. The couple discovered that Chen Gui was pregnant. Since the legal age to marry was 25 for men and 23 for women. 1 We note that officially the minimum age for marriage in China appears to be 22 for men and 20 for women. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Apr2000/997046.txt">OPINION/ORDER</A><BR> The suit arose from an infamous murder and prosecution that were the subjects of books by noted author. He learned that the prosecution had not disclosed certain evidence that Smith claimed was exculpatory. That he was therefore entitled to compensation for the resulting denial of his constitutional right to due process of law. We will affirm. Her nude body was left lying in the fetal position in the back of her car. . . . </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-2612.01A">OPINION/ORDER</A><BR> PSC</SPAN> were on brief for appellant.</SPAN></P> <P><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.ca3.uscourts.gov/opinarch/032972p.pdf">OPINION/ORDER</A><BR> I. Factual and Procedural History Guo is a native and citizen of China. She stated that she had joined an </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.ca9.uscourts.gov/ca9/newopinions.nsf/84933D9DD4C7A62288256BCC006A7D35/$file/0036096.pdf?openelement">OPINION/ORDER</A><BR> Twenty five percent of all moneys received from national forests within their borders to be spent as the state legislature prescribes for the benefit of public schools and public roads of counties in which a national forest is situated. 16 U.S.C. § 500. The district court held that neither the parents nor school districts have standing. School districts are a political subdivision of the state. Have standing is a closer question. We conclude that they have sufficiently shown injury in fact. That their ability to redress concerns about their children's education through the requested relief is problematic because the connection between § 500 and the quality of education delivered by any particular district is attenuated. Section 500 provides that federal forest funds are to be paid to the state. I Stephen and Marile Kunkel have four children who attend public school in the Okanogan School District.1 The district is in a county that has forest land which belongs to the federal government. National forest property is not taxable by the county. </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/06a0119p-06.pdf">OPINION/ORDER</A><BR> At issue in this habeas case is the voluntariness of Traci L. McCalvin was convicted of second degree murder. The trial court denied the motion as untimely because under Michigan law such motions generally must be filed before trial unless special circumstances are present. If she were convicted of first degree murder. She would not have contact with her family. Was not under the influence of alcohol or drugs. McCalvin was twenty seven years old and had never been in jail before. She was a high school graduate. McCalvin told the detectives that Branch's death was an accident. McCalvin was able to use the restroom and call her mother. McCalvin continued to maintain that Branch's death was an accident. She would spend the rest of her life in prison and would not have contact with her family. Helgert then reduced McCalvin's The district court concluded that </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.ca3.uscourts.gov/opinarch/034418p.pdf">OPINION/ORDER</A><BR> Lusingo argues that the BIA's ruling denying his asylum claim is </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//sept98/97-2304.man.html">UNITED STATES V. MUENCH (9/10/1998, NO. 97-2304)<BR></A><BR> Muench was to send these payments to the Child Support Office for Dallas County. The same court entered another URESA order which found that Muench was in arrears for $20. Muench was indicted in the United States District Court for the Northern District of Florida for intentionally. Arguing that venue was proper only in Texas. Where the child support order in question was issued. 000.00 of the arrearage was for child support due prior to October 25. STANDARD OF REVIEW</CENTER> </P> <P> A district court's denial of a motion to dismiss for improper venue is subject to <EM>de novo</EM> review. <EM>United States v. Cl. 3 states that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/aug96/95-2092.wpd.html">GARRAMONE V. ROMO<BR></A><BR> Jeri Garramone was a reservist in the United States Army. When Garramone was sent overseas. While Garramone was still overseas. The two children were temporarily placed in a foster home. She was not represented by counsel at either hearing. Arguing that the district court erred in (1) finding that defendants Romo and Sanchez were not entitled to qualified immunity with regard to the procedural due process and SSCRA claims. Discussion We begin by evaluating Romo's and Sanchez's contention that they are entitled to qualified immunity on Garramone's procedural due process and SSCRA claims. Then we decide whether that right was clearly established such that a reasonable person in the defendant's position would have known that her conduct violated the right. Litigants have a presumed right to counsel when they could lose their physical liberty if they lose the litigation. In proceedings where litigants are not directly threatened by a loss of physical liberty. When another liberty interest is threatened. The private interest that will be affected by the official action. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/AB8079642D905F1F8825719400713E14/$file/0357012.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction pursuant to 28 U.S.C. § 1292. Who was thirteen years old at the time of the events in dispute. Although Hansen was the sole legal guardian. The custody order included a visitation schedule which governed in the event that Brittain and Hansen were unable to agree on one of their own. Two paragraphs of that order are central to this appeal: 11. The last week during each period the minor is off track from school. Or if minor is not in a yearround program. Mother is to notify Father prior to May 15 of each year of the three weeks during summer vacation she intends to have the minor. Mother shall have the minor the last full week of each of the months of June. Father shall have the right to a three or four week vacation each year in which he may remove the minor from the state of California and during which time the Mother's visitation shall be suspended. Father will give Mother a one month written notice of the dates he intends to take his vacation. Matthew went outside and told his father that he would not be going with him because it was Brittain's week for visitation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2003/021665p.pdf">OPINION/ORDER</A><BR> Daniel Walz was a student in pre kindergarten in the spring of 1998. There was usually an exchange of small gifts. The children's parents were encouraged to donate gifts to the local Parent Teacher Organization. [our student body is] very diverse. Kids would see other kids doing it and feel they have to do it. Walz had purchased the pencils at a local store because she thought 3 the pencils were </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDAyLTcwNzlfc28ucGRm/02-7079_so.pdf">OPINION/ORDER</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://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-4142.wpd">OPINION/ORDER</A><BR> Federal courts have reviewed an ERISA health plan's denial of benefits for arbitrariness and capriciousness. Now we are called upon to decide whether a fiduciary's decision to delegate part of its Firestone authority to an independent claims administrator triggers de novo review. He was placed in intensive care. Andrew was taken the five hours from Grand Junction to Salt Lake City by ground ambulance. Was admitted to the neuroscience ward. Pain control a regimen she stated was medically necessary and typical for patients in Andrew's condition. The United Staffing Plan <hr> (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.kscourts.org/ca10/cases/2003/03/02-3110.htm">02-3110 -- SMITH V. BARNHART -- 03/06/2003<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Appellant Marjorie Smith challenges the decision of the Commissioner denying her benefits as a widow or surviving divorced spouse. We reverse and direct the award of benefits. <p> <strong>Background</strong> <p> Marjorie Smith was married to Harry Smith in Kansas on September 28. Harry was a wanderer and spent extended periods of time away from home. When their last child was conceived. This last child was listed on her birth certificate as Harry's legitimate child. Marjorie was never aware of any efforts by Harry to divorce her. <p> Nonetheless. Harry and Earlene were then divorced on October 19. Only Harry's legitimate children were eligible for benefits. Such that earlier marriages are presumed to have ended in divorce absent evidence to the contrary. <em> See Norton v. There was no evidence Marjorie and Harry had divorced. Neither was there conclusive evidence that he had not obtained a divorce in one of the many counties where he had resided. </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1270.01A">OPINION/ORDER</A><BR> Spellman Professional Corporation</U> were on brief. This claim was dismissed by the district court on defendants' motion for summary judgment after finding that there were no genuine issues of material fact in dispute. Alwyn reported to the Concord Police Department that two of her children were missing. Officer Duval was dispatched to the Alwyns' home. Asked the Alwyns whether he could search the house because </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Sept1996/96a1419p.txt">OPINION/ORDER</A><BR> Requires that we determine whether the parents of a student eligible for programs and services under the IDEA are entitled to have their daughter's private school placement funded by the local public school district prior to the conclusion of litigation establishing the propriety of that placement. We will affirm the order of the district court. They were entitled to tuition reimbursement. The hearing officer found that the IEP which Susquenita had proposed for Raelee was appropriate and that the school district should not be forced to bear the financial burden of the parents' unilateral decision to place Raelee in a private school. Finding that the proposed IEP was deficient in a number of respects and that </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.ca9.uscourts.gov/ca9/newopinions.nsf/973F4AE5AAD24BC0882572FE0057256D/$file/0610417.pdf?openelement">OPINION/ORDER</A><BR> Contends the district court erred by using thirtyfive year old conduct to enhance his sentence and that his resulting sentence is unreasonable. FACTS AND PROCEDURAL HISTORY Garner was first identified by federal authorities in 2002 when he responded to an internet advertisement placed by an undercover postal inspector. The package was never sent. Sexually molested at least two of his children or stepchildren when they were minors. He denied having sex with other minors and indicated that statements he had made in emails suggesting he had done so were merely fantasies. Garner objected that the sexual abuse of his daughter and stepdaughter were too remote in time to be considered without violating due process. The government argued that a sentence at the bottom of the range was 7214 UNITED STATES v. GARNER necessary to protect the public and to reflect the seriousness of the offense.1 Noting that Garner's history and characteristics were a major consideration. If Garner were not imprisoned. The Commentary to this Guideline defines </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.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-1574_036.pdf">OPINION/ORDER</A><BR> We are obliged to view the trial evidence in a light favorable to the government. Who were sometimes referred to by the witnesses in this case as </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/sept98/97-2304.man.html">UNITED STATES V. MUENCH (9/10/1998, NO. 97-2304)<BR></A><BR> Muench was to send these payments to the Child Support Office for Dallas County. The same court entered another URESA order which found that Muench was in arrears for $20. Muench was indicted in the United States District Court for the Northern District of Florida for intentionally. Arguing that venue was proper only in Texas. Where the child support order in question was issued. 000.00 of the arrearage was for child support due prior to October 25. STANDARD OF REVIEW</CENTER> </P> <P> A district court's denial of a motion to dismiss for improper venue is subject to <EM>de novo</EM> review. <EM>United States v. Cl. 3 states that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/04a0388p-06.pdf">OPINION/ORDER</A><BR> After she was arrested. That Officer Miller was entitled to qualified immunity. Or custom of the City of Auburn Hills was the cause of the alleged deprivation. The district court ruled that Solomon should be allowed to amend her complaint to clarify that she was suing Officer Miller in his individual capacity. The district court denied Officer Miller's motion for summary judgment after finding that he was not entitled to qualified immunity as to the Fourth Amendment claims because a jury question existed as to whether his conduct was objectively reasonable under the circumstances. Our opinion today addresses whether the district court erred when it determined that Officer Miller was not entitled to qualified immunity and consequently denied his motion for summary judgment. We find that the district court was correct in its decision. Officer Miller was not entitled to qualify immunity and. He was not entitled to summary judgment. Solomon then approached the usher and explained that she was the mother of several of the children and that they had permission to be in the R rated movie. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="613"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E5E4DFCA968453AE88256D33005626BF/$file/0110254.pdf?openelement">OPINION/ORDER</A><BR> Skating rinks are </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.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-1430_008.pdf">OPINION/ORDER</A><BR> Which was investigated by Detective David Farrow. Child abduction charges were filed against Mannoia and he was arrested in Maui. The charges against him were later dropped. The district court found that 2 No. 06 1430 there was probable cause to support the issuance of the arrest warrant and granted Farrow's summary judgment motion in its entirety. We affirm the district court's judgment because Mannoia has not shown that Farrow deliberately or with a reckless disregard for the truth made misrepresentations to the issuing judge that were necessary to her probable cause determination. We conclude that Farrow is protected from Mannoia's suit by the defense of qualified immunity. The order indicated that Christine was 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://vls.law.vill.edu/locator/3d/Oct2000/005124.txt">OPINION/ORDER</A><BR> Circuit Judge: This appeal concerns 264 nudist magazines that were imported to the United States from France and Germany. The issue on appeal is whether those magazines are obscene and are therefore subject to seizure and forfeiture under 19 U.S.C. The District Court found that the magazines were obscene and ordered their forfeiture. Which are either in French or German. Are devoted to nudists' lifestyles. D'Alessandro of the United States Attorney's Office for the District of New Jersey examined the magazines and determined that all 2 264 magazines were obscene. The magazines were then seized pursuant to 19 U.S.C. Alleging that the content of the magazines is obscene and that. The magazines are subject to seizure and forfeiture under 19 U.S.C. Left open for ultimate determination whether the seized materials were obscene. The parties agreed that the following books are regularly available for purchase within the jurisdiction of the United States District Court for the District of New Jersey: David Hamilton. </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/2002/08/01-1010.htm">01-1010 -- RUIZ V. MCDONNELL -- 08/08/2002<BR></A><BR> Tender Heart was a private. Which was owned by Charles Gallegos's parents. Renee Gallegos later pleaded guilty to felony child abuse charges in connection with J.R.'s death and is now imprisoned for that crime. <p> Tender Heart. Was licensed as a </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/05a1002n-06.pdf">OPINION/ORDER</A><BR> Along with another such charge that was later dismissed pursuant to a plea agreement. Arguing that the governing federal statute was unconstitutional as applied to him in this case. We will AFFIRM the decisions of the district court. Gann's daughter by his former wife ( </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/612890D3944707D088257299004F7654/$file/0516132.pdf?openelement">OPINION/ORDER</A><BR> Is amended by inserting the following after </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/99/02/981982P.pdf">OPINION/ORDER</A><BR> Both claim that the evidence was legally insufficient to support their convictions under 18 U.S.C. § 2252(a)(4)(B). Donovan Vig claims that: (1) the government failed to prove that the subjects of the visual depictions were actual children. That the computer was not working properly because of something that had been downloaded off the Internet. Tom Vig admitted to Miller that the computer was his and that he had seen and downloaded pictures of nude children out of curiosity. Tom Vig explained to Miller that he used a special program to access and search various news groups on the Internet and that it was while he was in these news groups that he had seen and downloaded pictures of nude children onto the </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/03/07/021179P.pdf">OPINION/ORDER</A><BR> Jr. was convicted of one count of transporting child pornography (violating 18 U.S.C. § 2252A(a)(1)) and three counts of possessing child pornography (violating 18 U.S.C. § 2252A(a)(5)(B)). Wolk's primary argument on appeal is that the Supreme Court decision in Ashcroft v. Who was using the screen name of ^fish^. Wolk's wife answered and advised them that Wolk was at a training seminar. Two of the state officers traveled to Wolk's nearby office and informed him that a search warrant was being executed at his residence. The officers advised Wolk that although he did not have to return to his residence. At one point the cars were separated. ]it was of his own free will and that he was free to go at any time[. H]e was not under arrest. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-3310.wpd">OPINION/ORDER</A><BR> The amended opinion is attached to this order. The petition for rehearing is denied. The petition for rehearing en banc was transmitted to all of the judges of the court who are in regular active service. That petition is also denied. Other individuals to notify the state government whenever they have </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.ca3.uscourts.gov/opinarch/054952p.pdf">OPINION/ORDER</A><BR> Department of Veterans Affairs ( </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/nov99/98-3425.man.html">GLOCK V. MOORE (11/10/1999, NO. 98-3425)<BR></A><BR> Petitioner argues that he was denied constitutionally effective assistance of counsel. Were charged in Florida with the first degree murder. When they saw she was still standing. 95 L.Ed.2d 523 (1987).</P> <P> The facts surrounding Glock's arrest and trial have been developed extensively in <EM>Glock v. Glock was found guilty of all three offenses. That he was more of a follower than a leader. Thus she doubted that his participation in the crime was voluntary. That his early childhood was characterized by a lack of parental guidance.<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.ca3.uscourts.gov/opinarch/052927p.pdf">OPINION/ORDER</A><BR> Appellant Metropolitan Life Insurance Company ( </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTA4MzItYWdfb3BuLnBkZg==/05-0832-ag_opn.pdf">OPINION/ORDER</A><BR> Petition is denied. Finding that he was not credible. He was granted voluntary departure. Which was to take place on or before May 16. Petitioner was still in the United States. I. Background Petitioner is a citizen of the People's Republic of China. While he was living in China. The two were denied a marriage license because petitioner was only twenty one years old and thus too young to marry legally. Was born on April 27. Petitioner claimed that under China's family planning policies only legally married couples are permitted to have children. As a result of these events he was ordered by the Chinese government to undergo a sterilization procedure. Opting instead to remain here well beyond the time he was told to depart. Wang was granted asylum. There is no indication that she was ever previously denied asylum and ordered to leave the United States prior to having her children. Which is filed well outside of the 90 day time limit provided in 8 C.F.R. § 1003.2(c)(2). Was only recently implemented in his hometown. </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/27B565D1754D4E5E88256B50005F20CE/$file/0070753.pdf?openelement">OPINION/ORDER</A><BR> The IRS explained 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.ca8.uscourts.gov/opndir/02/01/011323P.pdf">OPINION/ORDER</A><BR> The Defendants have argued that no clear The Honorable Andrew W. While they were children. The Plaintiffs allege they were improperly removed from their mother's care and placed in an abusive foster home. Their first claim is that their substantive due process rights were violated when they were placed into an abusive home without prior investigation of the guardians. No supervision was performed during the placement despite numerous specific complaints. They were not removed from the placement for months despite knowledge of Jim Huffman's violent criminal history. The second claim is that their procedural due process rights were violated when they were removed from their mother without a hearing. Were not allowed free contact with their natural parents. Were not provided a Guardian Ad Litem or appointed counsel to represent their interests. The Defendants have argued that qualified immunity bars the entirety of this lawsuit. The law was not clearly established that state caseworkers had a duty to protect these children. </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/2E057485A6713B9E88256B6D0060425A/$file/0070753.pdf?openelement">OPINION/ORDER</A><BR> The IRS explained 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.ca11.uscourts.gov/opinions/ops/199912049.OPN.pdf">OPINION/ORDER</A><BR> Five district court judges have presided over the case since its inception. Two different circuit courts of appeals have been asked to review one of their decisions.1 In this fifth appeal. We agree with the district court that the answer is </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/10circuit/oct97/96-2292.wpd.html">UNITED STATES V. RODRIGUEZ-VELARDE<BR></A><BR> The only issue on appeal is whether the district court abused its discretion in granting a downward departure from the sentencing range prescribed by the United States Sentencing Guidelines (U.S.S.G.) based on defendant's family responsibilities. Defendant's wife was killed in an automobile accident in June 1996. The case is therefore ordered submitted without oral argument. course of the criminal proceedings was an unusual situation and one that the Sentencing Commission had not considered in promulgating the Guidelines. Which was the statutory minimum sentence for defendant's offense. Arguing that defendant's family responsibilities are no different than those of other single parents who are sent to jail and. That appellate courts reviewing departure decisions should evaluate the following: (1) whether the factual circumstances supporting a departure are permissible departure factors. (4) whether the degree of departure is reasonable. Whether the factors are permissible for departure. Is </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.kscourts.org/ca10/cases/1999/04/98-5000.htm">98-5000 -- STEWART V. U.S. TRUSTEE -- 04/22/1999<BR></A><BR> 707(b) is constitutional. <em>In re Stewart</em>. 707(b) is not void for vagueness and does not violate the equal protection guarantees of the Fourteenth and Fifth Amendments of the United States Constitution. The monetary consequences of his entering a fellowship are appreciable. Perinatology graduate would have ranged from $100. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/0310.P.pdf">OPINION/ORDER</A><BR> Line 17 the date </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/99/12/991163P.pdf">OPINION/ORDER</A><BR> 2 alleging that the individual education program ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/870C17829A420BDA882572DC0051EC26/$file/0456916.pdf?openelement">OPINION/ORDER</A><BR> Sex and whether children will live in the household. Listing compatible members who have places to rent out. One of Congress's goals in adopting this provision was to encourage </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/96/08/953343P.pdf">OPINION/ORDER</A><BR> Tracy Schramm is now eighteen years old and will be a senior this fall at Yankton High School. She was born with cerebral palsy and has been As a result classified as orthopedically impaired since the third grade. of her impairment. Her hand strength is weak. Her right hand is stiff and lacks dexterity. Her hand eye coordination is limited. These services and specialized instruction have enabled Tracy to participate in the regular classes at school. Bitter and other school personnel to discuss the Physical education was not provided beyond the ninth grade. Wrote a letter on their behalf to the school district. that Tracy was ineligible for special education under IDEA. which the district had failed to consider properly. The letter explained the Schramms' disagreement with the district's decision It stated that Tracy would have many transition needs requiring specialized instruction. A due process hearing was held before a state appointed hearing examiner on August 22. The examiner determined that Tracy remained eligible for IDEA benefits because the specially designed instruction and related services not included in the May 1993 IEP were in fact necessary as a result of her orthopedic impairment. </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=03-1211.01A">OPINION/ORDER</A><BR> PA</SPAN> was on brief for appellants.</SPAN> <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.ca9.uscourts.gov/ca9/newopinions.nsf/0D7A8B3C1A68E5538825722100018A28/$file/0536195.pdf?openelement">OPINION/ORDER</A><BR> Which was managed by CHI and provided housing to men. The women and families were removed from Community House. The plaintiffs assert that the district court abused its discretion by denying a preliminary injunction that (1) would have COMMUNITY HOUSE v. (2) would have voided the City's lease with the BRM. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We reverse the district court's denial of a preliminary injunction that would have required reinstatement of all former residents. Because the City's men only policy is facially discriminatory. We conclude that the district court abused its discretion by determining that only a limited injunction was necessary to avoid an Establishment Clause violation. A broader preliminary injunction is required. Which they have raised for the first time in this appeal. I. BACKGROUND CHI is a non profit corporation that provides housing services to homeless and low income persons. About seventy five percent of its residents were disabled. The BRM is a Christian non profit organization that has served the homeless population of Boise. </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.ca3.uscourts.gov/opinarch/042999p.pdf">OPINION/ORDER</A><BR> The issue in this appeal is whether. We conclude that Honduran street children are not a particular social group within the terms of the Act and therefore we will deny the Petition for Review of the Board of Immigration Appeals. Is a native of Honduras. He was forced to share a small house with his maternal grandparents and other relatives in the Department of Olancho. While he was living with his extended family. When he was approximately nine years old. Some of which were fatal. He eventually contacted his mother who was living in the United States and met her in Tijuana 1 . He was thirteen years old. He was not inspected or admitted by an immigration officer at his point of entry. The record of Escobar's activity in this country is sparse. He eventually lived in Texas with a relative until he was taken into custody by the former INS in March 2003. The IJ concluded Escobar's claims for asylum and withholding of removal were based on membership in a cognizable social group comprised of </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/06/03/043102P.pdf">OPINION/ORDER</A><BR> Ron and Joann Fitzgerald are the parents of S.F. Who was born in 1992 and later enrolled for several years in the Camdenton R III School District. The District claims that his behavior and academic performance indicated he might have a disability. The Fitzgeralds have had S.F. evaluated privately and provided special education services to him through private sources.1 The Fitzgeralds have expressly waived all benefits under the IDEA. Authorizing an evaluation of S.F. </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/05/10/043966P.pdf">OPINION/ORDER</A><BR> All doctors involved with the case later concurred that the injuries would not have been apparent to a lay person. Although there was little evidence to suggest what role each parent might have played. When Michael was later deposed. United States District Judge for the District of South Dakota. 2 1 Defendant Alison Downs was the Department's intake social worker assigned to the case. She was present at the police station. Downs noted on the forms that there was possible sexual abuse. There was no evidence of sexual abuse. Who were willing to take C.A. into their home and/or move to care for C.A. in a different location. Melissa and Michael were each allowed one one hour supervised visit per week. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Nov2003/024226p.pdf">OPINION/ORDER</A><BR> At issue is whether Breyer. Was a voluntary member of the Nazi military unit. The District Court found that he was not. Consequently issued a declaratory judgment that Breyer was a United States citizen. We will affirm.1 I. The facts of this case have been extensively discussed elsewhere. The District Court's findings of </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/D375A00ECC19178C882572F30082443E/$file/0536195.pdf?openelement">OPINION/ORDER</A><BR> ORDER The Opinion in this case was filed November 9. A timely petition for panel rehearing and for rehearing en banc was filed. Is deleted. A substituted footnote 2 is inserted in its place. The question of whether the FHA generally applies to homeless shelters was not at issue because the parties did not dispute that the FHA applied. We have never squarely addressed the issue of whether all temporary shelters fit within the Act's definition of </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.kscourts.org/ca10/cases/1998/01/96-6354.htm">96-6354 -- SWANSON V. GUTHRIE INDEPENDENT SCHOOL DISTRICT NO. I-L -- 01/29/1998<BR></A><BR> Were on the briefs). The purpose behind the home schooling is religious </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/64C37FB597BF2F848825729C0058BFE8/$file/0615371.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: The San Francisco Peaks in the Coconino National Forest in northern Arizona have long standing religious significance to numerous Indian tribes of the American Southwest. The Arizona Snowbowl is a ski area on Humphrey's Peak. Plaintiffs appellants are the Navajo Nation. Defendantsappellees are the United States Forest Service. Humphrey's Peak is the highest point in the state. The Peaks are located within the 1.8 million acres of the Coconino National Forest. A traditional cultural property is one </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/434B5715EDC3887788256BD000037084/$file/0115491.pdf?openelement">OPINION/ORDER</A><BR> Were on the briefs. Rose was on the briefs. At the time of the assault Earl was a ward of the State of Nevada placed in the foster home of Joe's parents. John and Jane Roe.1 This suit is maintained on behalf of Earl by Tonnie Savage. Was responsible for Earl's case as well as those of his brother and sister. The biologically related members of the foster family have been re named </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//nov99/98-3425.man.html">GLOCK V. MOORE (11/10/1999, NO. 98-3425)<BR></A><BR> Petitioner argues that he was denied constitutionally effective assistance of counsel. Were charged in Florida with the first degree murder. When they saw she was still standing. 95 L.Ed.2d 523 (1987).</P> <P> The facts surrounding Glock's arrest and trial have been developed extensively in <EM>Glock v. Glock was found guilty of all three offenses. That he was more of a follower than a leader. Thus she doubted that his participation in the crime was voluntary. That his early childhood was characterized by a lack of parental guidance.<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.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-2502_041.pdf">OPINION/ORDER</A><BR> Matlaw lacks standing to bring this appeal and therefore the appeal is dismissed. 2 I. The defendants are the real estate agents. The case was initially assigned to District Judge George M. The parties reported to Judge Cole that they had reached a settlement and were in the process of finalizing the settlement document. Judge Cole stated that the parties' intent during the June 2005 settlement was to reach an agreement that covered both the plaintiff 's claims and her minor children's potential claims against the defendants. Although the children were not parties to the case. The plaintiff and children are residents of the State of New York. The plaintiff does not have authority to settle her children's claims. A petition must be brought before the New York Surrogate Court which makes an independent evaluation of the children's claims to insure that the children's interests have been fairly represented. The language in the settlement agreement was also altered to make it appear that it did not cover any potential claims by the children. </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.kscourts.org/ca10/cases/2004/04/03-6011.htm">03-6011 -- U.S. V. DREWRY -- 04/28/2004<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-6.gif" ALT="600"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2004/023919p.pdf">OPINION/ORDER</A><BR> Because the review process is a long one and children are eligible for services under Part C of IDEA only up to the age of three. The issue we are called upon to resolve is whether paying de Mora for the time she personally spent working with her daughter after Bucks County refused to provide services is </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.ca3.uscourts.gov/opinarch/032972p1.pdf">OPINION/ORDER</A><BR> Appears to have applied an incorrect standard in assessing her motion to reopen. I. Factual and Procedural History Guo is a native and citizen of China. The INS ceased to exist as an agency within the Department of Justice and the INS's functions were transferred to the Department of Homeland Security. She stated that she had joined an </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.kscourts.org/ca10/cases/1997/10/96-2292.htm">96-2292 -- U.S. V. RODRIGUEZ-VELARDE -- 10/17/1997<BR></A><BR> Circuit Judge. <p> <hr align= </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.ca7.uscourts.gov/op/02/02-3583.PDF">OPINION/ORDER</A><BR> However deplorable such behavior is. The question here is whether someone other than the perpetrator him or herself is responsible for the resulting injury. We must decide whether the United States is liable under the Federal Tort Claims Act (FTCA) for a mail carrier's sexual abuse of 2 No. 02 3583 a seven year old girl who lived in a home on his mail delivery route. The answer is yes only if the United States Postal Service (USPS or Postal Service) undertook a voluntary. Then filing a written request for reconsideration after his claim was denied. The facts set forth in LM's complaint were properly taken as true by the district court in deciding the government's motion to dismiss. LM is the father and guardian of KM. Alleging that she was sexually abused by Tucker when she was seven years old. Tucker was subsequently prosecuted by the state. Was still in prison at the time LM filed his complaint. LM further alleged that the USPS learned of Tucker's inappropriate and criminal conduct toward young girls both through numerous complaints from relatives of his various victims and through notice from the Richton Park police that Tucker was being investigated for sexually molesting a two year old girl and a four year old girl. </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/04a0292p-06.pdf">OPINION/ORDER</A><BR> Was convicted on 27 counts of a 28 count indictment that charged him with the production. He was ordered to forfeit items and equipment utilized in committing those offenses. Contending that §2251(b) is unconstitutional as applied to him because the government failed to establish a sufficient nexus between his alleged activities and interstate or foreign commerce. He told them to take pictures of each other's </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/004600.P.pdf">OPINION/ORDER</A><BR> Circuit Judge: Ronald Ellyson was convicted of possessing child pornography in violation of 18 U.S.C.A. § 2252A(a)(5)(B). Because the court's instructions were erroneous under Free Speech Coalition. Officers from the Boiling Springs Lake Police Department in North Carolina received information that two larceny suspects were guests at a trailer owned by Ellyson. A woman who was living in Ellyson's trailer at the time. During the time that officers were in the trailer. Ellyson was arrested for possessing child pornography. Burr testified that various officers told her that if law enforcement officers searched the trailer again and </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/D4AE53AB68BC970D88256D2E007BEE45/$file/0171529.pdf?openelement">OPINION/ORDER</A><BR> Barthelemy's petition for review is dismissed. Barthelemy was convicted of unlawful sexual intercourse with a minor. He is an BARTHELEMY v. Because he is an aggravated felon. Barthelemy is subject to immediate removal from this country unless he can establish that he is a United States citizen. 8 U.S.C. § 1227(a)(2)(A)(iii). The facts in this petition are not disputed. Barthelemy was born in Port au Prince. Neither Roger nor Enese were United States citizens at the time of Barthelemy's birth. Barthelemy was 11 years old. Roger was naturalized as a United States citizen in 1993 when Barthelemy was 14 years old. Whether Roger's naturalization derivatively conferred United States citizenship on Barthelemy is the issue before us. II We do not have jurisdiction to review a criminal alien's final order of removal. 8 U.S.C. § 1252(a)(2)(C). The petitioner claims he is a United States citizen not subject to removal. We have jurisdiction to determine whether the petitioner is an alien or a citizen. 8 U.S.C. § 1252(b)(5)(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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=94-2131.01A">OPINION/ORDER</A><BR> 1995 is hereby amended as follows: On the cover sheet: </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=02-9006.01A">OPINION/ORDER</A><BR> LLP</SPAN> was on brief for appellant.</SPAN> <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.ca6.uscourts.gov/opinions.pdf/06a0188p-06.pdf">OPINION/ORDER</A><BR> Earl Giles was convicted on one count of felonious sexual penetration in violation of Ohio Revised Code § 2907.12 and one count of gross sexual imposition in violation of Ohio Revised Code § 2907.05. The conviction was upheld by the state appellate courts. The district court again denied Giles's habeas petition but granted a certificate of appealability on the issue of whether the trial court violated Giles's rights by denying him an additional independent medical examination of the children who were the alleged victims. Beard was involved in outpatient treatment for alcohol and drug abuse. Giles was living with Patricia Morgan. Ashley told her mother that her vagina was hurting her and that her father had pulled down her panties and bit her between the legs. Some time later when Beard was preparing to take Ashley back to the hospital. Ashley and Shannon were interviewed by Brenda Joyce Wilson. Spinello testified at trial that Shannon was not very verbal during the interview and that Wilson did the majority of the talking. </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/05a0549n-06.pdf">OPINION/ORDER</A><BR> Who was approximately ten years old at the time. A few of the important facts contained in the search warrant affidavit are summarized below. He explained that it was common practice for Noda and Toth to host parties of twenty or more people. The source had personal knowledge that the minors at these parties were consuming alcohol and that everyone at the parties. The confidential source described two computers in Noda's residence and stated that his bedroom was equipped with an alarm system. The source also possessed information that there were two telephone lines in the 1844 Meadows Road residence. The telephone line in Noda's bedroom was in </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/06a0108p-06.pdf">OPINION/ORDER</A><BR> Was indicted on ten counts of transportation of child pornography via computer in violation of 18 U.S.C. § 2252(a)(1). Whereupon he was convicted on all counts. Chambers was then sentenced to life imprisonment. (3) there was insufficient evidence to convict him. (4) various evidence was improperly admitted against him. (5) that his sentence was improperly imposed and that he is entitled to resentencing pursuant to United States v. The government concedes that Chambers is entitled to resentencing. Twelve of the pictures were dated </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/sept99/98-2660.opn.html">UNITED STATES V. MELVIN (9/7/1999, NO. 98-2660)<BR></A><BR> Kenneth Melvin was charged by information and pleaded guilty to trafficking in fraudulently obtained credit card accounts. Melvin illegally obtained the personal information and social security numbers of these children through his employment at the hospital in which the children were receiving treatment.</P> <P> After a sentencing hearing. The district court found that Melvin's crimes were </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/oct2002/01-16311.opn.html">UNITED STATES V. CARO (10/21/2002, NO. 01-16311)<BR></A><BR> Circuit Judge:</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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTEzOTRfb3BuLnBkZg==/03-1394_opn.pdf">OPINION/ORDER</A><BR> (2) the evidence at trial was sufficient to sustain Giordano's conviction under 18 U.S.C. § 242 for civil rights violations under color of law. Was convicted of two counts of civil rights violations under color of law in violation of 18 U.S.C. § 242. The majority of which are addressed in a separate summary order also filed today. (2) the evidence was insufficient to support his convictions under 18 U.S.C. § 242. Was a target of this investigation. The government reviewed the contents of a brief July 9 call between Jones and Giordano that suggested that Jones was bringing a nine year old girl to Giordano for sex. Giordano asked if Jones would have with 3 her the nine year old or another female whose age was not discussed. The government intercepted a call between Giordano and Jones in which Giordano told Jones about the message and discussed who might have left it. Giordano asked if the father of the second individual was alive. V1 and V2 to see Giordano was demanding $200 not to tell the authorities. Jones then called Giordano and falsely told him the driver was demanding additional payment. </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/99/04/973984P.pdf">OPINION/ORDER</A><BR> Robert T. is a disabled child who requires a full time. Were refused. A full time assistant for Robert while he was enrolled at St. They were told that an assistant would be provided for Robert only if he attended public school. The district court also awarded Robert's parents attorneys' fees because it found they were prevailing parties within the meaning of the IDEA. Robert is a minor child who suffers from cerebral palsy. Robert appears to have normal cognitive abilities and appears to have no emotional or behavioral difficulties. The parties agree that Robert is disabled within the meaning of the IDEA and that he is a child requiring special education as specified by Iowa law. MISD is a local educational agency. MISD is a school district required to provide special educational services to school age children within its jurisdiction. GWAEA is a local educational agency with authority over Robert's education. Because GWAEA is an area educational agency as defined by Iowa law. It is required to furnish special education to students. </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/Jan1997/96a1487p.txt">OPINION/ORDER</A><BR> Circuit Judge: Three appeals presenting the same critical issue are before us. Will be stated separately. The target of the grand jury proceeding was the son of the subpoenaed witness. The son became the target of a government investigation as a result of </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/sept96/95-6227.opa.html">FOY V. HOLSTON<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Foy v. Circuit Judge:<p> <p> The issue in this interlocutory appeal is whether certain Alabama officials are entitled to qualified immunity for their acts involving the Holyland. Because Plaintiffs have failed to demonstrate that a defendant violated clearly established federal law. We remand for further proceedings on claims which are not foreclosed by the granting of qualified immunity.<p> I. Facts<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://www.ca7.uscourts.gov/op/01/01-3933.PDF">OPINION/ORDER</A><BR> Gabrielle was one of roughly 20 students in Mary Mulry's class. Which was also supervised by teacher's aide Elizabeth Roselli. Mulry's classroom was one of seven kindergarten classes at the school that year. Crying at the door when it was time to go. Jason was suspended from recess for the rest of the week. Was not in his office. A student told Mulry that Jason had unzipped his pants and was showing other students his underwear while her back was turned. McJimpsey told Jason that his behavior was inappropriate and warned him not to repeat it. Was also putting her hands down other students' pants. Anthony sent for Gabrielle and another girl when the children in his office told him that the two girls were also involved. Anthony told them that their behavior was inappropriate and that they should tell their parents or teachers when such things occurred. Anthony reported that it 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.law.emory.edu/11circuit/jan96/94-2629.opa.html">MAYNARD V. WILLIAMS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Maynard v. Mathis and two others brought suit 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.ca3.uscourts.gov/opinarch/041732p.pdf">OPINION/ORDER</A><BR> Concluding that the officers' conduct was reasonable. We conclude that Many of the relevant facts in this case are in dispute. Because this case is at the summary judgment stage. BACKGROUND The relevant facts are as follows. The Task Force was made up of both state and federal officers. The members at the scene were defendant appellees Scott Duffy of the Federal Bureau of Investigation (FBI). The members of the Task Force were parked in two unmarked vehicles and wore plain clothes. Was inside the residence. She was waiting for Adam to put his skateboard in the garage and summon his sister. Not realizing that the man was an officer. From where he was standing inside the garage. He showed her what she thought was a badge and demanded entry. Told Tiffany that there was a robber in the house. They then handcuffed him.2 Plaintiffs suggest that the four men who jumped on Adam were Officers Armstrong. That he and Officer Sullivan did not arrive until after Adam Couden was handcuffed. Based on 5 2 Tiffany told the men that Adam was her brother. </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/Jun1996/96a1335p.txt">OPINION/ORDER</A><BR> The plaintiffs appellants are two learning disabled children and their mothers who. Frustrated with their inability to secure the special educational plans to which they claim they were entitled by the Commonwealth of Pennsylvania under the Individuals with Disabilities Education Act (IDEA). When their complaints were inadequately addressed or unanswered by the PDE. Who was also sued but has since been dismissed as a defendant. Contended that plaintiffs did not have a private right of action. That the plaintiffs did not have a right of action on their claim that the state had failed to maintain a timely and effective state level complaint resolution system as required by IDEA and by the DOE regulations. We will reverse and remand. We will therefore not reach the numerous other issues raised by the parties on appeal. Supported by such services as are necessary to permit the child 'to benefit' from the instruction. </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/014920.U.pdf">OPINION/ORDER</A><BR> POWELL Unpublished opinions are not binding precedent in this circuit. OPINION PER CURIAM: Glenn Dexter Powell was convicted by a jury of abducting his estranged wife. The denial of a motion for a continuance is reviewed for an abuse of discretion. The court found a continuance unnecessary since Powell was competent to stand trial. A person is competent to stand trial if (1) he can consult with his lawyer with a reasonable degree of rational understanding and (2) he has a rational as well as factual understanding of the proceedings against him. Because he had been diagnosed as depressed and because his medication had ceased after he was transferred from Butner. A continuance should have been granted. Presence of a disease or condition is not the test for competency. Powell's medical records do not reveal that he was. Because there is no indication in the record that Powell was incompetent to stand trial. The evidentiary rulings of a district court are given substantial deference. Powell argues that this evidence was irrelevant and prejudicial. </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/1998/08/97-6250.htm">97-6250 -- U.S. V. FORSYTHE -- 08/24/1998<BR></A><BR> Because the district court appears to have relied on evidence that was not disclosed to Mr. They lulled these individuals into a false belief that the sale of their time share properties was imminent. Arguing that his children's involvement in the fraudulent scheme was fully considered in the applicable Guidelines. Defendant's step daughter . . . were ages 18. Thus they were all. Impressionable young adults who were attracted to the defendant's apparent wealth and style of living and fell for defendant's persuasive and skillful exploitation of his parental influence and their trust in him. None realized at first that the father's business was criminal in nature. After realizing the scheme was a fraud they continued in it at defendant's urging. He also argues that the district court improperly considered certain evidence that is not in the record and to which he was not afforded an opportunity to respond. The nature of appellate review is still guided by the kind of question presented. <u>Collins</u>. We have identified four questions that must be considered in determining whether the sentencing court has abused its discretion in making the departure decision: (1) whether the factual circumstances relied on by the court are permissible factors. </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/A421EB3E94DFECD888256D730070AB34/$file/9936243.pdf?openelement">OPINION/ORDER</A><BR> The VISD argues that the temporary placement was appropriate until the VISD had the opportunity to assess and evaluate more fully G's needs and abilities. Holding that the VISD's proposed temporary IEP met the substantive requirements of the IDEA because it was the closest approximation to G's last educational placement. That any deficiencies in VISD's procedural compliance with the IDEA were </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/00/07/993807P.pdf">OPINION/ORDER</A><BR> I. Matthew was born in Montana in October. It became apparent over time that his development was impaired. Although specialists were reluctant to diagnose such a young child. They suggested that his impairments were consistent with a type of autism. This course was summarized in a document called an individualized education program (IEP) which noted his developmental disabilities and offered him three half days of school each week and specialized therapy. Matthew began at Parkade Elementary School in 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/19944303.MAN.pdf">OPINION/ORDER</A><BR> Because all issues raised by Snowden in his habeas petition were either totally exhausted in state court or were already procedurally barred from further consideration in state court. We address the claims in the petition that were exhausted. Snowden was convicted of five counts of child abuse for acts which allegedly occurred at his home. Snowden was sentenced to two consecutive life terms. That motion was denied by the state trial court without an evidentiary hearing. This report and recommendation was adopted by the district court. Relief was denied. (5) The trial court permitted the State's expert witness to testify that Snowden's counsel was abusive to one of the children during a deposition. That is. Snowden must have raised these claims in state court to allow the state courts the opportunity to rule on the federal issues: the doctrine of exhaustion of state remedies. While important in assuring that constitutional rights are observed. Is secondary and limited. Federal courts are not forums in which to relitigate state trials. </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/96/07/953137P.pdf">OPINION/ORDER</A><BR> Harold Arbeitman was employed by two Dodge dealerships. His first wife from whom he was divorced. Who was named as beneficiary in the Royal Parkway plan. Harold Arbeitman died in August 1992. and profit sharing plans.2 Harold and Patricia were married in October 1966. children. Tried the case by consent of the parties. 2 1 The terms of the Royal Parkway and Royal Gate plans are the 2 same. in December 1983. against his estate. The validity of which was The agreement listed the separate property of Donna and Harold. Neither plan was listed level of support for Patricia and his children. The Trusts brought this interpleader action to have the court determine who was entitled to receive Harold's benefits under the pension plans. The benefits from the Royal Parkway plan were The approximately $83. The magistrate judge rejected Patricia's contention that the plan was intended to take the place of the life insurance policy required by the separation agreement. ERISA defines the term qualified preretirement survivor annuity as </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/96/07/952891P.pdf">OPINION/ORDER</A><BR> The district court held that the state's exclusion of the group did not violate the The policy employed to decide which persons are permitted access to the lobby is vague and subject to For this reason. The facts of this trial case and BACKGROUND are essentially on a undisputed. for After a consolidated bench hearing request preliminary injunction. Families Achieving Independence and Respect (FAIR) is a looselyorganized group of past and current welfare recipients providing educational support for low income persons. system' and 'welfare reform.' </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="585"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9FF10886CA1713AD88256CCA001171FF/$file/0135677.pdf?openelement">OPINION/ORDER</A><BR> Although officers are entitled to act vigorously to gain information and to prevent the flight of the culpable. 1 we hold that the officers violated the employees' clearly established Fourth Amendment rights.2 I Most of the plaintiffs in this civil rights lawsuit are former employees of Ear Tec Hearing Aid Specialists. A business that was under investigation for various fraudulent practices harmful to consumers. These employees were Sandy Ganwich. The officers told the plaintiffs that they were not under arrest. From answering the office telephone when it rang. 1 Because this is an appeal from the denial of a summary judgment motion. 626 (9th Cir. 2002). 2 The employees may assert their Fourth Amendment rights against state officers because the Fourth Amendment was made applicable to the states by the Fourteenth Amendment's Due Process Clause. 142 (1979). 3 The Pierce County Superior Court later determined that the search warrant was invalid as overbroad. It was invalid) on the constitutionality of the defendants' seizure of the plaintiffs because we decide on other grounds that the seizure violated clearly established Fourth Amendment law. 1870 GANWICH v. </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/031435.P.pdf">OPINION/ORDER</A><BR> For relief under the United Nations Convention Against Torture were denied based on the Immigration Judge's finding that Camara's testimony was not credible. Inasmuch as it was made the final agency determination). Stating that she was coming to attend a wedding but actually intending to seek asylum here. Stating that she was eligible for asylum </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//feb98/94-4303.man.html">SNOWDEN V. SINGLETARY (2/18/1998, NO. 94-4303)<BR></A><BR> Because all issues raised by Snowden in his habeas petition were either totally exhausted in state court or were already procedurally barred from further consideration in state court. We address the claims in the petition that were exhausted. Snowden was convicted of five counts of child abuse for acts which allegedly occurred at his home. Snowden was sentenced to two consecutive life terms.</P> <P> Snowden appealed his conviction to the Third District Court of Appeal of Florida. That motion was denied by the state trial court without an evidentiary hearing. This report and recommendation was adopted by the district court. Relief was denied. (5) The trial court permitted the State's expert witness to testify that Snowden's counsel was abusive to one of the children during a deposition. That is. Snowden must have raised these claims in state court to allow the state courts the opportunity to rule on the federal issues: the doctrine of exhaustion of state remedies.</P> <P> <EM>I. While important in assuring that constitutional rights are observed. </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//sept99/98-2660.opn.html">UNITED STATES V. MELVIN (9/7/1999, NO. 98-2660)<BR></A><BR> Kenneth Melvin was charged by information and pleaded guilty to trafficking in fraudulently obtained credit card accounts. Melvin illegally obtained the personal information and social security numbers of these children through his employment at the hospital in which the children were receiving treatment.</P> <P> After a sentencing hearing. The district court found that Melvin's crimes were </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.ca3.uscourts.gov/opinarch/062879p.pdf">OPINION/ORDER</A><BR> One of the essential principles inherent in a multi layered judicial system is the requirement to adhere to legal decisions pronounced by the highest court: in the case of the federal courts. That is the Supreme Court of the United States. Those decisions are supported by sound reasoning. Lower federal courts generally have no difficulty in applying the precedent. The factual situation in which the principle is tested is heartrending. This is one such case.1 I. Schiller) because it is accurate and requires no elaboration. Were </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/4F6BABE8F1E07A5E88256B9C007DE67C/$file/0055504.pdf?openelement">OPINION/ORDER</A><BR> Whose deceased children's corneas were removed by the Los Angeles County Coroner's office without notice or 5723 consent. The complaint was dismissed by the district court for a failure to state a claim upon which relief could be granted. That next of kin have the exclusive right to possess the bodies of their deceased family members creates a property interest. The parents were not required to exhaust postdeprivation procedures prior to bringing this suit. Arguing that the parents could not have a property interest in their deceased children's corneas. The coroner also argued that to the extent the parents did have due process rights. They were required to exhaust state postdeprivation remedies prior to bringing suit. If these elements are met. It is uncontested that the coroner's action was a deprivation under color of state law. That the dismissal of the parents' complaint was proper because they could not have a property interest in their children's corneas. Is </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.ca3.uscourts.gov/opinarch/055524p.pdf">OPINION/ORDER</A><BR> Because we agree that the District Court's sentence was not reasonable in light of the circumstances of this case. We will vacate and remand for resentencing. 2 I. The facts are as straightforward as they are sad. Stefan Goff was employed at a private elementary school in Mercer County. He was the president of his college alumni association and volunteered his time for a number of worthy charitable causes. He was. In Goff's life there was a terrible divergence between appearance and reality. Because he was also a frequent customer of a child pornography internet site. Contained hundreds of such images.1 Goff was subsequently arrested and charged with 1 The defense argued at sentencing that Goff only possessed seven images. Since the images in 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.ca11.uscourts.gov/opinions/ops/200116311.opn.pdf">OPINION/ORDER</A><BR> Circuit Judge: This is a child pornography case. United States Customs Service Agents ( </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//sept96/95-6227.opa.html">FOY V. HOLSTON<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Foy v. Circuit Judge:<p> <p> The issue in this interlocutory appeal is whether certain Alabama officials are entitled to qualified immunity for their acts involving the Holyland. Because Plaintiffs have failed to demonstrate that a defendant violated clearly established federal law. We remand for further proceedings on claims which are not foreclosed by the granting of qualified immunity.<p> I. Facts<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://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-3628_021.pdf">OPINION/ORDER</A><BR> The issue before us is whether the United States Constitution. In which 2 No. 04 3628 we held that a parent's constitutional liberty interest in his relationship with his adult son was violated when his son was killed by police. We conclude that Bell was wrongly decided and must be overruled.1 We hold that the federal Constitution does not allow a parent to recover in such circumstances. It is unnecessary to resolve these factual disputes here. Robert Russ was driving from the Northwestern campus in Evanston. The chase began as Russ was heading southbound on Lake Shore Drive. We have circulated it among all judges of this Court in regular active service pursuant to Circuit Rule 40(e). Several months before he was killed. Russ's paternity was confirmed through DNA testing after the child's birth. The district judge to whom this case was originally assigned. This case was reassigned to Judge Der Yeghiayan in August 2003. Discussion Summary judgment is appropriate if the evidence presented by the parties </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/19944303.OPN.pdf">OPINION/ORDER</A><BR> Because all issues raised by Snowden in his habeas petition were either totally exhausted in state court or were already procedurally barred from further consideration in state court. We address the claims in the petition that were exhausted. Snowden was convicted of five counts of child abuse for acts which allegedly occurred at his home. Snowden was sentenced to two consecutive life terms. 2 Snowden appealed his conviction to the Third District Court of Appeal of Florida. That motion was denied by the state trial court without an evidentiary hearing. This 3 report and recommendation was adopted by the district court. Relief was denied. (5) The trial court permitted the State's expert witness to testify that Snowden's counsel 4 was abusive to one of the children during a deposition. That is. Snowden must have raised these claims in state court to allow the state courts 1 In Snowden's petition to the district All the additional bias. Exclusion denial were of of court for relief he included these claims. </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/2001/10/99-1373.htm">99-1373 -- HOLLAND V. HARRINGTON -- 10/19/2001<BR></A><BR> Throwing them to the ground where they were kicked and beaten. Together with defendant Davis.<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://www.ca8.uscourts.gov/opndir/06/01/033721P.pdf">OPINION/ORDER</A><BR> Russell Bucklew was convicted in Missouri state court of capital murder and sentenced to death. Where Ray was still living. Upon concluding that Ray and Sanders were romantically involved. Ray felt it was unsafe to return to her home. A trooper and Bucklew were both wounded in the process. That he was despondent over his broken relationship with Ray and his medical condition. Bucklew's ex wife said that he was a great father to their son. Which is inoperable and requires extensive pain medication. Bucklew's cavernous hemangioma </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//oct2002/01-16311.opn.html">UNITED STATES V. CARO (10/21/2002, NO. 01-16311)<BR></A><BR> Circuit Judge:</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//oct2001/01-10371.opn.html">WRIGHT V. HANNA STEEL CORP. (10/25/2001, NO. 01-10371)<BR></A><BR> Their two minor children in this ERISA action.<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://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=94-2154.01A">OPINION/ORDER</A><BR> Was on brief for appellee. Circuit Judge. pled guilty to one count of transporting child pornography in interstate commerce in violation of 18 U.S.C. 2252(a)(1) and was sentenced to thirty three months incarceration. Bringing her to Michigan where both men would have sex with her. Are to the 1993 Guidelines Manual. 2 2 On December 2. The girl depicted in the third photograph was less than ten years old. Chapman told Dan that he was going to scan and send to Dan a photograph of Chapman having anal intercourse with a twelve year old girl. Chapman told investigators that his statements to Dan about sexually abusing children and possessing a snuff film were not true but were simply fantasy. Investigators were unable to verify that Chapman had actually engaged in the sexual acts with children that he had described to Dan. Chapman was indicted in the Eastern District of Michigan on four counts. That charge was continued with supervision and eventually dismissed. The PSR stated that there was credible evidence that Chapman had made a series of obscene phone calls in 1988 to the twelve year old daughter of one of his friends. </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//jan96/94-2629.opa.html">MAYNARD V. WILLIAMS<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Maynard v. Mathis and two others brought suit 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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTcyNzQtY3Zfb3BuLnBkZg==/03-7274-cv_opn.pdf">OPINION/ORDER</A><BR> We have previously characterized the IDEA as part of </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTEzOTRfb3BuLnBkZg==/03-1394_opn.pdf">OPINION/ORDER</A><BR> (2) the evidence at trial was sufficient to sustain Giordano's conviction under 18 U.S.C. § 242 for civil rights violations under color of law. Was convicted of two counts of civil rights violations under color of law in violation of 18 U.S.C. § 242. The majority of which are addressed in a separate summary order also filed today. (2) the evidence was insufficient to support his convictions under 18 U.S.C. § 242. Was a target of this investigation. The government reviewed the contents of a brief July 9 call between Jones and Giordano that suggested that Jones was bringing a nine year old girl to Giordano for sex. Giordano asked if Jones would have with 3 her the nine year old or another female whose age was not discussed. The government intercepted a call between Giordano and Jones in which Giordano told Jones about the message and discussed who might have left it. Giordano asked if the father of the second individual was alive. V1 and V2 to see Giordano was demanding $200 not to tell the authorities. Jones then called Giordano and falsely told him the driver was demanding additional payment. </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTQ5NTAtY3Zfb3BuLnBkZg==/04-4950-cv_opn.pdf">OPINION/ORDER</A><BR> That a) The District's censorship of Antonio's assignment was viewpoint neutral. B) the censorship was justified by legitimate pedagogical concerns. Those claims have been abandoned on appeal. 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 We now affirm the district court's determination that no Establishment Clause violation attended The District's actions. Are recounted in the light most favorable to the Pecks. THE POSTER ASSIGNMENT AND THE SCHOOL RESPONSE During the 1999 2000 school year Antonio was a kindergarten student at the Catherine McNamara Elementary School. Part of the kindergarten curriculum taught by Weichert was a two month environmental unit that. In an assignment in which students in the class were instructed to create a poster showing what they had learned about the environment. An annual event to which parents of the students were invited. We are writing to inform you about our environmental program that we will be presenting to the parents on June 11th. . . . We will plant a tree on the school grounds. </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/oct2001/01-10371.opn.html">WRIGHT V. HANNA STEEL CORP. (10/25/2001, NO. 01-10371)<BR></A><BR> Their two minor children in this ERISA action.<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://vls.law.vill.edu/locator/3d/Aug1999/982096.txt">OPINION/ORDER</A><BR> Before us is an appeal by plaintiffs. The parents of several Philadelphia public school children were joined as plaintiffs by the following six organizations that devote substantial resources to overcoming what they allege are the disparate and inadequate educational programs caused by the challenged practices: (1) The Black Clergy of Philadelphia and Vicinity. Also joining as plaintiffs were several local officials and entities: (1) the School District of Philadelphia. These original plaintiffs were later joined without objection by intervenors the Philadelphia Federation of Teachers Local 3 AFT AFL CIO. Our review of a district court's dismissal of a complaint is plenary. We apply the same test the district court should have used initially. We will not uphold a dismissal for failure to state a claim if. </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/feb98/94-4303.man.html">SNOWDEN V. SINGLETARY (2/18/1998, NO. 94-4303)<BR></A><BR> Because all issues raised by Snowden in his habeas petition were either totally exhausted in state court or were already procedurally barred from further consideration in state court. We address the claims in the petition that were exhausted. Snowden was convicted of five counts of child abuse for acts which allegedly occurred at his home. Snowden was sentenced to two consecutive life terms.</P> <P> Snowden appealed his conviction to the Third District Court of Appeal of Florida. That motion was denied by the state trial court without an evidentiary hearing. This report and recommendation was adopted by the district court. Relief was denied. (5) The trial court permitted the State's expert witness to testify that Snowden's counsel was abusive to one of the children during a deposition. That is. Snowden must have raised these claims in state court to allow the state courts the opportunity to rule on the federal issues: the doctrine of exhaustion of state remedies.</P> <P> <EM>I. While important in assuring that constitutional rights are observed. </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.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-5100.wpd">OPINION/ORDER</A><BR> Both sides have now appealed. We decline to consider plaintiffs' assertion of a private right of action pursuant to 42 U.S.C. 1396a(a)(43) because the arguments now made on appeal by plaintiffs were neither asserted nor addressed below. I. Plaintiff Oklahoma Chapter of the American Academy of Pediatrics (OKAAP) is a non profit professional organization of pediatricians and pediatric specialists. (CAPTC) is a non profit organization located in Tulsa. The individually named plaintiffs are thirteen children and their parents. All of whom have been designated as representatives of the class certified by the district court. Defendants are officials of the State of Oklahoma and the Oklahoma Health Care Authority (OHCA). Alleging that defendants' policies and procedures denied or deprived eligible children in the State of Oklahoma of the health and medical care to which they were entitled under federal law. (c) their alleged right pursuant to 42 U.S.C. 1396a(a)(30)(A) to have provider reimbursement rates set at a sufficient level to assure Medicaid recipients of equal access to quality health care. </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/96/02/952043P.pdf">OPINION/ORDER</A><BR> The Barnes's marriage was dissolved on March 26. Prudential then filed a motion for discharge from the action and was discharged after stipulating that any potential negligence claims based on Volner's actions were not affected by the discharge order. The state court's order specified 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://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=04-2062.wpd">OPINION/ORDER</A><BR> An excessive force claim is subsumed in an unlawful arrest claim. We reject the notion that an excessive force claim is subsumed in an unlawful arrest claim in the facts presented by this case. These Defendants' motions for partial summary judgment were denied without prejudice pending further discovery. Covington were dispatched to Plaintiffs' residence. Rick Cortez was asleep when he was suddenly awakened by noises and lights in his fenced (1) Plaintiff Rick Cortez is actually the husband of the babysitter Tina Cortez. <hr> back yard. He repeatedly inquired what was going on. Placed him in the back of a patrol car where he was subjected to questioning. Tina Cortez was awakened by her husband as he got out of bed. The officer placed her in a separate patrol car where she was subjected to questioning. Miranda warnings are required for custodial interrogation occasioned by an arrest. Rick Cortez also informed the officers that his handcuffs were too tight and caused excessive pain. Despite his declaration and the fact that Rick Cortez supposedly was not under arrest. </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/FCBC8CC2D1B4C6E888256D3D006FDD5D/$file/0171529.pdf?openelement">OPINION/ORDER</A><BR> Is amended as follows: On page 6841 of the slip opinion. Barthelemy's petition for review is dismissed. Barthelemy was convicted of unlawful sexual intercourse with a minor. He is an aggravated felon. Because he is an aggravated felon. Barthelemy is subject to immediate removal from this country unless he can establish that he is a United States citizen. 8 U.S.C. § 1227(a)(2)(A)(iii). The facts in this petition are not disputed. Barthelemy was born in Port au Prince. Neither Roger nor Enese were United States citizens at the time of Barthelemy's birth. Barthelemy was 11 years old. Roger was naturalized as a United States citizen in 1993 when Barthelemy was 14 years old. Whether Roger's naturalization derivatively conferred United States citizenship on Barthelemy is the issue before us. II We do not have jurisdiction to review a criminal alien's final order of removal. 8 U.S.C. § 1252(a)(2)(C). The petitioner claims he is a United States citizen not subject to removal. We have jurisdiction to determine whether the petitioner is an alien or a citizen. 8 U.S.C. § 1252(b)(5)(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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTEzOTRfb3BuLnBkZg==/03-1394_opn.pdf">OPINION/ORDER</A><BR> (2) the evidence at trial was sufficient to sustain Giordano's conviction under 18 U.S.C. § 242 for civil rights violations under color of law. Was convicted of two counts of civil rights violations under color of law in violation of 18 U.S.C. § 242. The majority of which are addressed in a separate summary order also filed today. (2) the evidence was insufficient to support his convictions under 18 U.S.C. § 242. Was a target of this investigation. The government reviewed the contents of a brief July 9 call between Jones and Giordano that suggested that Jones was bringing a nine year old girl to Giordano for sex. Giordano asked if Jones would have with 3 her the nine year old or another female whose age was not discussed. The government intercepted a call between Giordano and Jones in which Giordano told Jones about the message and discussed who might have left it. Giordano asked if the father of the second individual was alive. V1 and V2 to see Giordano was demanding $200 not to tell the authorities. Jones then called Giordano and falsely told him the driver was demanding additional payment. </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/00a0158p-06.pdf">OPINION/ORDER</A><BR> They have been made public in prior state proceedings and in the district court by defendant Roumph. Which is intended to lead to. In the state court proceedings the issue arose as to whether Scottsdale's applicable policy limits in the case were $3. Children's Center will admit liability. Case will proceed against Children's Center as to damages only. Potje will be dismissed with prejudice without a release. .... 4 Scottsdale Ins. Plaintiffs will not seek to enforce any judgment against Children's Center over and above the insurance policy limits. Skowronski and Potje were employees of the Children's Center during their respective periods of employment and acted within the scope of employment as to the matters in this action. .... This agreement is predicated upon the representation that Children's Center has a liability policy with $3 million general limit and a $100. 000 sexual misconduct limit that is covering this occurrence and that the only claim regarding the extended coverage is that claim currently stated in the pending declaratory judgment action. </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/1999/12/97-1328.htm">97-1328 -- U.S. V. STATE OF COLORADO -- 12/21/1999<BR></A><BR> 10<sup> 5</sup> cancer risk level was arbitrary and capricious. (2) the district court erred when it ruled that the EPA's failure to amend the Record of Decision for Operable Unit I when it encountered the unexpected rock content in the sludge was arbitrary and capricious. (3) even if the actions regarding the Record of Decision for Operable Unit I were arbitrary and capricious. The district court erred in not requiring BN to prove that the cost would not have been incurred in any event. <p> BN cross appeals. We conclude that the EPA's remediation decision is supported by substantial evidence in the record and. Is not arbitrary and capricious. Performance or cost of the remedial plan was involved. The EPA was not required to amend the remediation plan in order to use the settling tank or to amend the plan. We agree with the district court that the EPA actions were arbitrary and capricious for failing to amend the plan. <p> Third. We hold that the district court erred in refusing to require BN to demonstrate that the EPA's errors resulted in expenditures in excess of those that would have occurred in the absence of the errors. </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTQxMDQtcHJfb3BuLnBkZg==/04-4104-pr_opn.pdf">OPINION/ORDER</A><BR> While those proceedings were pending. Concluding that it did not have jurisdiction to review state child custody determinations under 28 U.S.C. § 2254. Middleton's </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/200410185.pdf">OPINION/ORDER</A><BR> Circuit Judge: David Lebovitz wanted to have sex with a girl who was ten to twelve years old. He responded to an Internet bulletin board posting and eventually agreed to pay the father of a girl that age to let him have sex with her. </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/05a0413p-06.pdf">OPINION/ORDER</A><BR> This is a child rape case where the only evidence sufficient to sustain a conviction was a jury determination that the complaining witness was more credible than the defendant. We conclude that the defendant's 1 The prosecutor's entire closing argument is attached as an appendix to this opinion. 1 No. 03 3166 Hodge v. Hurley Page 2 trial counsel was constitutionally ineffective in failing to object to this misconduct. That the state court's determination to the contrary was an unreasonable application of clearly established Supreme Court precedent. Factual Background Petitioner Appellant Demarkus Hodge ( </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/3C6A9C05E0B7E503882572EA00533A66/$file/0550474.pdf?openelement">OPINION/ORDER</A><BR> Was also on the brief. Were also on the brief. Circuit Judge: We must decide whether restitution can be awarded to the overseas child victims of sexual exploitation crimes committed by an American citizen while he was traveling outside the United States. Doe was returning through Los The defendant appellant has moved to have this disposition filed using a pseudonym. We are cognizant </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/1997/12/96-5122.htm">96-5122 -- MEMBER SERVICES LIFE INSURANCE CO. V. AMERICAN NATIONAL BANK (OKLAHOMA) - - 12/15/1997<BR></A><BR> The guardian of minor children who were beneficiaries of the plan. Ruling that it was entitled to recovery under an amendment to the plan providing for subrogation. ANB appeals and we reverse. <p> <center>I</center> <p> The underlying facts are undisputed. The father of the minor children for whom ANB is the guardian. Is an employee of Liberty Glass and his minor children are beneficiaries under the plan. At the time these benefits were paid. The plan was amended to add a provision giving MSA a right of recoupment if a beneficiary received money from a negligent third party as a result of injuries for which the plan had paid benefits. The amendment provided that it was retroactively effective as of March 1. Alleging that BIC was liable under the doctrine of product liability for the injuries to the children. ANB was represented in its suit against BIC by E. Bradford Williams (the attorneys) pursuant to a court approved attorney fee contract under which the attorneys were to receive a fee of fifty percent of all amounts collected after the deduction of case expenses. </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/992349.P.pdf">OPINION/ORDER</A><BR> 000 was entered against only one of the defendants Jill Mullineaux. Mullineaux contends that she was entitled to qualified immunity. We conclude that Mullineaux was not entitled to qualified immunity. We find that the award of damages was excessive. Knussman learned that his wife Kimberly was pregnant. Kim's pregnancy was difficult and ultimately resulted in her confinement to bed rest in the latter stages prior to delivery. Knussman was informed by the MSP Director of Flight Operations. That there 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.kscourts.org/ca10/cases/1999/03/97-1292.htm">97-1292 -- EILAM V. CHILDREN'S HOSPITAL ASSOCIATION -- 03/31/1999<BR></A><BR> We have jurisdiction pursuant to 28 U.S.C. </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTQzMDJfb3BuLnBkZg==/02-4302_opn.pdf">OPINION/ORDER</A><BR> The petition for review is GRANTED. The order of the BIA is VACATED. Office of Immigration 1 The Clerk is requested to modify the official caption to reflect the correct order of Li's 1 name. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Litigation. Li asserts that the IJ's findings were not supported by substantial evidence and alleges several specific errors. Li's in court testimony is consistent with a statement that he submitted in 1997 to There is also a vestigial Convention Against Torture ( </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.ca3.uscourts.gov/opinarch/041441np.pdf">OPINION/ORDER</A><BR> Relief under Article III of the United Nations Convention Against Torture ( </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/98/08/972419P.pdf">OPINION/ORDER</A><BR> This is an appeal from the denial of equitable relief compelling the Special School District of St. Louis County (SSD) to provide special education and related services to a child at the private religious school where she was voluntarily placed by her parents. Clare Foley is an eleven year old girl who is mildly mentally retarded. An evaluation team determined that Clare should have one hour of occupational therapy. The issue is whether Clare has a right to special education services at her private school. To the extent consistent with the number and location of children with disabilities in the State who are enrolled by their parents in private elementary and secondary schools. Provision is made for the participation of those children in the program assisted or carried out under this subchapter by providing for such children special education and related services in accordance with the following requirements . . . : (I) Amounts expended for the provision of those services by a local educational agency shall be equal to a proportionate amount of Federal funds made available under this subchapter. </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1657.01A">OPINION/ORDER</A><BR> Were on brief. </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/05/09/043181P.pdf">OPINION/ORDER</A><BR> Crume contends that he is entitled to a new trial because the district court permitted his probation officer to describe briefly one image of child pornography found on a computer disk in his apartment. Even if the evidence was not admissible. Any error was cured. If the guidelines were </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.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-2588_036.pdf">OPINION/ORDER</A><BR> Philip Sebolt was charged with using his computer to commit various federal crimes involving child pornography. A host of </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/81A5A32BDD0F2E888825700C007E9348/$file/0171623.pdf?openelement">OPINION/ORDER</A><BR> Fletcher *Alberto Gonzales is substituted for his predecessor. Zhang's petition for review presents a question of first impression in this court: is a child of a parent who was forcibly sterilized automatically eligible for asylum under 8 U.S.C. § 1101(a)(42)(B)? We hold that she is not. Zhang did not suffer persecution and that she does not have a well founded fear of future persecution upon returning to China. We hold that the BIA's determination is not supported by substantial evidence. I. Background Xue Yun Zhang was fourteen years old in April 2000 when she left China for the United States. The Immigration and Naturalization Service ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca6.uscourts.gov/opinions.pdf/06a0257p-06.pdf">OPINION/ORDER</A><BR> Although we disagree with the district court's conclusion that Poindexter was deprived of his right to counsel during the guilt phase. I. Background The facts of this case are excerpted from State v. Was serving a sentence in the workhouse (Community Correctional Institution) for felonious assault on his former girlfriend and the mother of his two children. Appellant confided in a fellow inmate that Abernathy was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//july98/97-8915.man.html">DOE V. DEKALB COUNTY SCH. DIST. (7/17/1998, NO. 97-8915)<BR></A><BR> Who is infected with HIV. Because it fears that Doe might have blood to blood contact with one of his sometimes violent students. The District has </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0E804B180CA09FAC8825734C0058AAF1/$file/0574930.pdf?openelement">OPINION/ORDER</A><BR> The BIA concluded that the Hes' motion did not fall within any exception to the regulatory bar against motions to reopen that are untimely or successive. Were married in the Fujian province on January 6. He was several months pregnant with the couple's first child. He did not have an intrauterine device inserted. Though neither was actually sterilized. There appear to have been no administrative proceedings initiated by or against Mr. He until he was served with a Notice to Appear. He The denial of a motion to reopen is a final administrative decision subject to judicial review in the court of appeals. He was already pregnant. 3 During this time. He was released. She was served with a Notice to Appear on March 4. The merits of the Hes' immigration proceedings were given priority because Mrs. He was pregnant with her second child. While their initial petition for review was pending on appeal to our court. The decision of the BIA should be left undisturbed unless it is </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-2470.01A">OPINION/ORDER</A><BR> Inc.</SPAN> were on brief. Hovani</SPAN> and <SPAN STYLE= </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.ca6.uscourts.gov/opinions.pdf/07a0313p-06.pdf">OPINION/ORDER</A><BR> He was convicted in state court in Michigan of breaking and entering an occupied dwelling with intent to commit larceny. He was convicted of another * UNITED STATES OF AMERICA. He was again convicted of carrying a concealed weapon. Was adjudicated a third time habitual offender due to the two prior felony convictions. Twenty eight of the images were of prepubescent children. One of the children depicted was under five years old. Defendant was charged with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2004/033285p.pdf">OPINION/ORDER</A><BR> Parents or guardians of those students who have declined to join in the recitation or salute the flag. § 7 771(c)(1). We hold that the parental notification provision of the Act violates the school students' First Amendment right to free speech and is therefore unconstitutional. We will therefore affirm the District Court's judgment. The supervising officer of a school subject to the r e q u i r e m e n t s o f t h is subsection shall provide written notification to the parents or guardian of any student who declines to recite the P ledge of Allegiance or who refrains from saluting the flag. (2) This subsection shall not apply to any private or parochial school for which the display of the flag. The recitation of the Pledge of Allegiance or the salute of t h e flag violates the religious conv iction on which the school is based. § 7 771(c). Schools were not required to have a flag in every classroom and recite the Pledge of Allegiance or the national anthem every day: This bill would require [that every school day is started with the Pledge or national anth em.]. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Dec1995/95a1225p.txt">OPINION/ORDER</A><BR> An amount that was far below what he had sought. Arguing that the small award of damages was against the weight of the evidence. We hold that judgment as a matter of law was improper in this case and that the court's analysis of the issue of damages was incorrect. The order further provided: Any police agency is authorized to assist Ms. Knight is specifically authorized to enter upon the property of Mr. He testified that he thought they were there to enforce the visitation order. He said that he was surprised that they had come because he and Knight had customarily given each other </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/200110371.OPN.pdf">OPINION/ORDER</A><BR> Their two minor children in this ERISA action.2 The district court determined that Hanna Steel was required to pay for a period of 18 months. Wright was excessive. There is no consistency among federal statutes. We will use the term </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/2001/05/00-4128.htm">00-4128 -- AMERICAN CITIZEN CHILDREN V. VERDUZCO -- 05/11/2001<BR></A><BR> The case is therefore ordered submitted without oral argument. <p> Appellants are 1. 375 minor United States citizen children whose parents are undocumented aliens residing illegally in the United States. On their behalf claiming that defendants' enforcement of the immigration laws against the children's parents has violated or will violate the children's rights under the Fourth. We have jurisdiction under 28 . The law is clear 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.ca9.uscourts.gov/ca9/newopinions.nsf/45168809DCD027E488256AB6007A0CD1/$file/9956784.pdf?openelement">OPINION/ORDER</A><BR> Violate the First Amendment and the Fourteenth Amendment by failing to define clearly when and how much use of nonEnglish will expose educators to personal liability. Plaintiffs request this Court to declare that section 320 is unconstitutionally vague on its face. Is sufficiently clear to withstand Plaintiffs' facial vagueness challenge. </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/952367.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. I. Petitioner Delmy Leticia Argueta Rodriguez was born on February 18. She was ten years old when her family village of El Mozote was massacred by Salvadoran army soldiers in December 1981. Argueta Rodriguez was with her grandmother in a nearby village the day of the massacre. She applied for political asylum in July 1992 but was denied. Deportability was conceded in written court pleadings of September 23. Relief was denied by the Immigration Court in the hearing on December 2. The Board determined that Petitioner was a credible witness but agreed with the Immigration Judge that she had failed to establish eligibility for asylum or withholding of deportation. The Board held that the actions of the Salvadoran army did not establish that the victims of the massacre were persecuted on account of race. The Board took note of the fact that Petitioner was outside the village when the inhabitants were massacred and there was no indication that Petitioner or other former residents were sought out by the army. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/July2004/023931np.pdf">OPINION/ORDER</A><BR> We will grant Yang's petition for review. We will limit our discussion of the background facts. Was subsequently placed in removal proceedings by the then named Immigration and Naturalization Service ( </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/991127.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. The Plaintiffs' complaint is based on two incidents involving the emergency evacuation of school buildings. Because we agree with the District Court that there are no genuine issues of material fact and that the School Board is entitled to judgment as a matter of law. I. Cady Shirey is a public school student in Alexandria. Cady was a student at G.W. Cady's school was evacuated because of a bomb threat. Was left in the otherwise evacuated building for approximately seventy minutes. Although no bomb was ever discovered in the school. The incident was a source of great concern for Cady's parents. 1996 was reached and signed by. A responsible adult and an alternate were designated for each safe room. Where a special flag and a cellular phone were placed to facilitate communication with school and emergency officials. If actual evacuation were necessary. The new plan was instituted by the School Board in January of 1997. A practice drill was successfully run. </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-2430.01A">OPINION/ORDER</A><BR> Were on brief. Were on brief. <U>Chief Judge</U>.</STRONG></FONT><FONT FACE= </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.ca7.uscourts.gov/op/01/01-2797.PDF">OPINION/ORDER</A><BR> 400 to Debbie Olson to reimburse her for the attorneys' fees that she incurred in defending against what the judge ruled was a frivolous claim. Was also the head coach of the Quincy High School swim team and used the swimming club's pool for team training. (We emphasize that these are just allegations. Who are also defendants. Were told about the report. Which is to say Coach Powers's immediate superior. Will swim on that team again next school year. This letter is written from a partly personal. I suppose I would not be a normal parent if I did not pay particular attention to the extracurricular activities in which my own children are involved. I suspect that my parental scrutiny is sometimes prompted by a healthy skepticism earned through over twenty years in the justice system. Parental interest and caution is a healthy thing which can benefit children. My four children have been involved in serious. We have come in contact with a succession of coaches at 4 Nos. 01 2797. The current Quincy High swim coach is the best so far. </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/200414820.pdf">OPINION/ORDER</A><BR> We are required to accept the facts alleged in the complaint as true and view them in the light most favorable to the plaintiff. They are currently raising two children: one child is the couple's biological daughter. The other child is an adopted son. The Behrenses are unable to have 2 any more biological children. While Behrens was carrying his adopted son. Who was nine months old at the time. The DCF was notified of possible child abuse. Civil dependency and criminal investigations were initiated. The criminal investigation was closed because the alleged abuse was determined to be unfounded and/or accidental. Finding that child abuse was not shown by a preponderance of the evidence.1 Despite the closure of the criminal investigation and the circuit court's finding. Florida courts have explained 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.kscourts.org/ca10/cases/2003/11/02-9533.htm">02-9533 -- VENTURA V. ASHCROFT -- 11/13/2003<BR></A><BR> Are natives and citizens of Mexico who face removal from this country. They seek review of the decision of the Immigration Judge (IJ) that they are not eligible for cancellation of removal. We agree and grant the motion. <p> Petitioners are subject to removal because they unlawfully entered the United States. Who is a citizen of the United States or an alien lawfully admitted for permanent residence. <p> The IJ determined that Mr. Morales Ventura's parents are permanent legal residents who live with Petitioners and rely on their son for support. His parents are not elderly and his father works seasonally as a picker. Including one brother who is a United States citizen. All four were born in this country (between July 1992 and September 1999) and thus are United . Petitioners have pointed to the consequences to their children if Petitioners must return to Mexico. The youngest child has an ear defect for which he will need surgery when he is five years old. That Petitioners had failed to show (1) that the condition is serious. </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.ca3.uscourts.gov/opinarch/051157p.pdf">OPINION/ORDER</A><BR> We will affirm. 2 I. BACKGROUND M.S. is the focus of this case. He is a young boy. </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.ca6.uscourts.gov/opinions.pdf/07a0284p-06.pdf">OPINION/ORDER</A><BR> The district court imposed a 720 month sentence (the statutory maximum) because Poynter was a repeat child sex offender. Poynter traveled from Kentucky to Tennessee to have sex with a fourteenyear old male. Because Poynter was convicted of a sex crime and had previously </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.ca3.uscourts.gov/opinarch/053487np.pdf">OPINION/ORDER</A><BR> Circuit Judge Azam Rahman is a native of Bangladesh who seeks review of a Board of Immigration Appeals decision that adopted and affirmed an Immigration Judge's denial of discretionary cancellation of removal and denied Rahman's motion to reopen his removal proceedings on claims of ineffective assistance of counsel. We deny the petition for review.1 Rahman is father to two children. He was served with a notice to appear and charged with removability as an alien who entered the United States without inspection. Rahman claims that if he is removed. He will be forced to take his children with him to Bangladesh. Where they will not receive adequate healthcare. The removal will result in </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/2000/08/99-1151.htm">99-1151 -- DEANZONA V. CITY AND COUNTY OF DENVER -- 08/02/2000<BR></A><BR> Which were eventually joined. Which is located in City Park. Camps I and II at City Park combined because only fifty five children arrived instead of the ninety children who were enrolled in the two camps. Eight counselors were supervising fifty five children. At that time Redd walked twenty five yards to the lake edge where two other counselors were supervising a group of children who were fishing. The next morning Redd's body was found in Ferril Lake. <p> Brooks is the manager of the Denver Department of Parks and Recreation. Brooks was only indirectly responsible for the SIP program. Brooks was not involved with policymaking for SIP. Brooks's sole contact with the SIP program was to greet the counselors at the beginning of their training program. JURISDICTION</strong> <p> </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/11circuit/july98/97-8915.man.html">DOE V. DEKALB COUNTY SCH. DIST. (7/17/1998, NO. 97-8915)<BR></A><BR> Who is infected with HIV. Because it fears that Doe might have blood to blood contact with one of his sometimes violent students. The District has </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/1BE8075CFC021E4F88256E5A00707C84/$file/9956784.pdf?openelement">OPINION/ORDER</A><BR> Violate the First Amendment and the Fourteenth Amendment by failing to define clearly when and how much use of nonEnglish will expose educators to personal liability. Plaintiffs request this Court to declare that section 320 is unconstitutionally vague on its face. Is sufficiently clear to withstand Plaintiffs' facial vagueness challenge. </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.ca3.uscourts.gov/opinarch/034513p.pdf">OPINION/ORDER</A><BR> The BIA found that Malachy McAllister (Malachy) was removable because he had engaged in terrorist activities. Were removable because they had overstayed their visas.1 See 8 U.S.C. § 1227(a)(1)(B). I. Facts The McAllisters are natives and citizens of Northern Ireland in the United Kingdom. Malachy was ultimately convicted of </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.ca6.uscourts.gov/opinions.pdf/04a0192p-06.pdf">OPINION/ORDER</A><BR> Apparently she was right to be concerned. It seems that BBs are attracted to children's eyes as politicians are attracted to television cameras. The manufacturer of the air rifle which was used to shoot him. Alleging that the air rifle was defectively designed. The air rifle was kept in a locked gun cabinet. Nicholas took the safety lock off the gun and checked to see if the air rifle was empty. He pulled the bolt back and tilted the gun towards himself to see if there was a BB inside the rifle. He believed at this point that the rifle was empty. The result was painful and permanent injury to Aaron Swix and virtually complete loss of sight in his left eye. The plaintiffs argued 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.ca7.uscourts.gov/op/02/02-2080.PDF">OPINION/ORDER</A><BR> Klinzing argues first that the DPPA is an unconstitutional exercise of the federal commerce power. Pamela gained full custody of their sons and Klinzing was ordered by the court to pay child support until the boys reached adulthood. Rule 803(6) permits introduction of business records without foundation testimony from the record custodian so long as the records are authenticated according to FED. 1 punishes the willful nonpayment of past 1 For the purpose of this appeal there is no meaningful difference between the earlier CSRA and later DPPA. The sole purpose of the legislation is to assist states in recovering past due child support payments beyond their borders. (...continued) sake we will refer to the statute only as the DPPA. Since then several circuits have reconsidered the issue in light of the Supreme Court's decision in United States v. Klinzing still claims that the DPPA is unconstitutional. Because we agree with our analysis in Black that an interstate child support obligation is a </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAyLTQ2MDJfb3BuLnBkZg==/02-4602_opn.pdf">OPINION/ORDER</A><BR> Wu argues on appeal that certain of the IJ's factual findings were not supported by substantial evidence. Is actually designated at 8 C.F.R. § 1208.16(e). Entered the United States illegally and was immediately detained by immigration authorities at Brownsville. He was forcibly subjected to a vasectomy by Chinese family planning authorities.2 Wu also testified that after his sterilization. His wife was subjected to involuntary insertion of an intrauterine device ( </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-1086.01A">OPINION/ORDER</A><BR> Angelone</U> was on brief. Namely her Count II claim that the defendants' retaliation infringed on her First Amendment rights and her Count III claim that she was denied equal protection under the Fourteenth Amendment because other parents could access their children's records and teachers. The district court ruled that Weber's Count IV claim was barred because of her failure to exhaust administrative remedies specified by IDEA. IDEA requires such exhaustion prior to bringing a civil action pursuant to other federal laws protecting the rights of children with disabilities if the relief sought is available under subchapter II of IDEA. Such relief is sought through the administrative due process hearing provided in subchapter II of IDEA. <U>See</U> 20 U.S.C. § . Identified as a disabled child in need of special education services under IDEA.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Nov1994/94a0896p.txt">OPINION/ORDER</A><BR> Through the exercise in </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/06/01/051118P.pdf">OPINION/ORDER</A><BR> Mark Senda ­ as trustee of his revocable living trust ­ was the general partner with a 10 percent interest. Contributed oral accounts receivable (reported at $200) in exchange for their interests ­ which were unpaid at the time of trial. Mark Senda's revocable trust was the general partner with a 1.0 percent interest. Gave oral accounts receivable (reported at $148) in exchange for their interests ­ which were unpaid at the time of trial. The Sendas' essential claim is that they made gifts of partnership interests. At stake is the value of the gifts. The Code </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="570"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9CDD7D7662BE97F488256E5A00707D50/$file/9956784.pdf?openelement">OPINION/ORDER</A><BR> Is amended by adding a footnote 4 after the first sentence of the second full paragraph on page 893 of the opinion. Footnote 4 should read as follows: We are aware that California allows federal courts to certify questions of state law to the California Supreme Court. The numbers of all subsequent footnotes are changed accordingly. Violate the First Amendment and the Fourteenth Amendment by failing to define clearly when and how much use of nonEnglish will expose educators to personal liability. Plaintiffs request this Court to declare that section 320 is unconstitutionally vague on its face. Is sufficiently clear to withstand Plaintiffs' facial vagueness challenge. </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/200412367.pdf">OPINION/ORDER</A><BR> Was killed by Officer Hecksel during a traffic stop. Whether a parent has such a right vis à vis her adult child is a question of first impression for this Court. Corey Rice ( </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/200407/03-1304a.pdf">OPINION/ORDER</A><BR> </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/3D53D4D521AC3E2F88256B0A0078DF83/$file/9956784.pdf?openelement">OPINION/ORDER</A><BR> Is amended by adding a footnote 4 after the first sentence of the second full paragraph on page 893 of the opinion. Footnote 4 should read as follows: We are aware that California allows federal courts to certify questions of state law to the California Supreme Court. The numbers of all subsequent footnotes are changed accordingly. Violate the First Amendment and the Fourteenth Amendment by failing to define clearly when and how much use of nonEnglish will expose educators to personal liability. Plaintiffs request this Court to declare that section 320 is unconstitutionally vague on its face. Is sufficiently clear to withstand Plaintiffs' facial vagueness challenge. </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.ca3.uscourts.gov/opinarch/051046np.pdf">OPINION/ORDER</A><BR> James Smyth appeals the non standard conditions that were imposed as part of his sentence after pleading guilty to violating 18 U.S.C. § 1519. He also argues that one of the conditions is overbroad and vague. Thereby subjecting him to a greater deprivation of liberty than is reasonably necessary. We have jurisdiction to review the sentence imposed pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We will affirm in part and vacate in part. We will address only those facts that are relevant to our analysis. Smyth was identified in connection with an investigation into a child pornography distribution ring being conducted by the Federal Bureau of Investigation ( </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1988.01A">OPINION/ORDER</A><BR> <SPAN STYLE= </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.ca7.uscourts.gov/op/03/03-1234.PDF">OPINION/ORDER</A><BR> Was sentenced to 262 months' imprisonment. Griffith operated an Internet web site where he posted 80 to 90 photographs of prepubescent children who were nude or scantily dressed and were posed in sexually provocative positions. Griffith was arrested. Which was subsequently reduced by three levels because Griffith accepted responsibility. One of them a conviction of firstdegree sexual assault for raping a 12 year old girl was not included in the calculation because that conviction had occurred more than ten years before the current offense and Griffith had received only a six month sentence of imprisonment. Noted in the presentence report ( </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.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-1694.01A">OPINION/ORDER</A><BR> Individually and as she is Superintendent of</CENTER> Schools for the Town of Westport. Individually and as she is a member of the school committee of the Town of Westport. Loventhal</SPAN> was on brief for appellant. <P> <SPAN STYLE= </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/200410/03-7149a.pdf">OPINION/ORDER</A><BR> </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/07/01/061705P.pdf">OPINION/ORDER</A><BR> No Neck claims (1) there was insufficient evidence supporting the specific charges­namely that the prosecution did not prove that No Neck actually touched his son or daughter in a sexually improper way with his hand as the charges required and thus the district court1 erred in denying No Neck's motion for judgment of acquittal. (2) that there was no factual basis to support a jury instruction on the lesser included offenses. (4) that the ultimate sentence was unreasonable. No Neck and Lori were never married. The children were eight and seven. A physician's assistant examined the girl and said the redness 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.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-3415_019.pdf">OPINION/ORDER</A><BR> Charles Burt was convicted by a jury of nine counts: seven counts of sexual exploitation of a minor. Photography was a hobby and an occasional side business for him. The warrant was executed. The first seven counts were for exploiting children in the production of pornography in violation of 18 U.S.C. § 2251(a). The evidence at trial was more extensive than we need recount here. We will focus on those aspects of the evidence that have been raised by Burt on appeal. The government's case was made up of three categories of witnesses. Both of whom were in prison for charges related to child pornography or child abuse and had been part of the group of child pornographers whose trail had eventually led to Burt's doorstep. The government established that photographs of young boys taken by Burt were the </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.ca6.uscourts.gov/opinions.pdf/06a0349p-06.pdf">OPINION/ORDER</A><BR> We are asked to reinstate the plaintiff's medical malpractice complaint against the United States. That complaint was dismissed by the district court for lack of subject matter jurisdiction. Because the facts in this case are readily distinguishable from those in Irvin and do not implicate the rationales underlying the decision in Feres. We conclude that the district court does have subject matter jurisdiction over the plaintiff's complaint. There can be no doubt that he was fully sympathetic to the Brown family. Who was born with spina bifida. While Deborah was on active duty with the United States Navy. Which the plaintiff alleges is intended solely to prevent neural tube defects in a developing fetus. Later alleged in the complaint that prenatal doses of folic acid offer no scientific benefits to an expectant mother but are prescribed to ensure that there is adequate folic acid for the baby from the moment of conception onward. She indicated on a medical history form that she and her husband were trying to conceive and that she was currently taking prenatal vitamins. </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/10circuit/july96/95-5244.wpd.html">MORNES V. CHATER<BR></A><BR> Appeals(1) the magistrate judge's decision affirming the Secretary's ruling denying her request for children's benefits under the Social Security Act.(2) Claimants' applications were denied both initially and on reconsideration. A second hearing was held. At which plaintiff and the claimants were represented by counsel. Finding that the claimants were not the children of the deceased and (1) Effective March 31. The functions of the Secretary of Health and Human Services in social security cases were transferred to the Commissioner of Social Security. Is substituted for Donna E. Although we have substituted the Commissioner for the Secretary in the caption. In the text we continue to refer to the Secretary because she was the appropriate party at the time of the underlying decision. (1) After examining the briefs and appellate record. The case is therefore ordered submitted without oral argument. (2) The parties consented to disposition of the case by the magistrate judge pursuant to 28U.S.C.636(c). Our jurisdiction over this appeal derives from 636(c)(3) and 28U.S.C.1291. were not entitled to surviving children's benefits because the insured was not living with them and was not contributing to their support at the time of his death. </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/99/08/983692P.pdf">OPINION/ORDER</A><BR> He maintains that the trial court incorrectly denied his motion to suppress evidence and that there was insufficient evidence to convict him. That he should not have received a five level sentencing enhancement under § 2G2.2(b)(4). I. The government's attention was drawn to Mr. Placed an advertisement in which he posed as a collector who was </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/53CBC544E81CC8708825701F001575F4/$file/0310551.pdf?openelement">OPINION/ORDER</A><BR> ORDER We have received a motion by the United States Attorney for the District of Nevada seeking modification of the written opinions in this case (both the majority opinion and the partial concurrence partial dissent). The motion is granted in part. The one modification that the motion seeks is its elimination of the word </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200507/04-7116a.pdf">OPINION/ORDER</A><BR> Iseman was on brief. Were on brief. An award of expert witness fees to a party prevailing under the IDEA is not so limited. The question before us thus is whether </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/02/02-60803.0.wpd.pdf">OPINION/ORDER</A><BR> Which were removed to September 23. This Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. Were preempted by the Employment Retirement Income Security Act ( </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/04a0145p-06.pdf">OPINION/ORDER</A><BR> Amare will be subjected 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.ca6.uscourts.gov/opinions.pdf/04a0195p-06.pdf">OPINION/ORDER</A><BR> It is clear that this extremely probative testimony requires that we vacate the district court's grant of summary judgment in favor of respondent. Where his opinion goes too far is in its accusations of fraud on the court. While his explanation for the omission of the Sultan deposition from the official record before the court is possible in the narrowest sense. Sultan's deposition was taken by trial counsel for respondent. Was not included with the evidence submitted as part of Bell's motion for summary judgment. A genuine mistake was made. One which was not realized until a different attorney looked at the case. To conclude otherwise is to disbelieve sworn testimony by an officer of the court. When in fact it was submitted to the panel prior to oral argument as part of the abeyance motion. We believe it is appropriate to use our inherent equitable powers to expand the record on appeal to consider the deposition. Where through error or accident material matters are omitted or misstated. While some circuit courts have held that Rule 10(e) allows the inclusion of material the district court did not consider. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/014974.U.pdf">OPINION/ORDER</A><BR> Unpublished opinions are not binding precedent in this circuit. Perdue and Elizabeth Brown were convicted at a bench trial for conspiracy to commit visa and immigration fraud. Hendricks and Perdue were convicted of an additional count of visa fraud. Defendants are devout Pentecostal Charismatic Christians and members of the World Faith Outreach Church. Perdue is the Pastor and spiritual head of the church. Hendricks is the Associate Pastor. Brown is an active church member and the head of the children's ministry and the music ministry. The Estonians were paid ten to onehundred dollars a week for their labor. The Defendants also owned an adoption agency that sought fraudulent visas for women to come to the United States with their children who were to be placed with adoptive families. The Defendants attempted to escape the notice of the Estonian officials that they were seeking babies to remove from Estonia. Paid the mothers of the children who were to be adopted and encouraged adoptive parents to write checks for adoption fees to the church so they could be treated as charitable contributions. </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTMyMTEtY3Zfb3BuLnBkZg==/05-3211-cv_opn.pdf">OPINION/ORDER</A><BR> The plaintiff raises two principal contentions: (1) the proceedings made available to her by the state were inadequate to defeat 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.ca8.uscourts.gov/opndir/06/06/051985P.pdf">OPINION/ORDER</A><BR> Juvenile officers are judicial employees. Who are supervised by the juvenile court or circuit court judges. It must designate a single state agency (SSA) that will </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/Nov1995/95a1206p.txt">OPINION/ORDER</A><BR> Concluding that M. was both mentally gifted and afflicted with a specific learning disability. That she thereby was entitled to special education. Who is now nine years old. The appellants believe that M.'s disability may affect her progress in school and that she is entitled to special education from the State of Pennsylvania. When M. was in kindergarten. The appellants requested that the school district undertake a multidisciplinary evaluation of her to determine whether she was in need of special education.[fn1] Id. Concluding that M. was not </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/2003/08/02-1047.htm">02-1047 -- HARVEY BARNETT INC. V. SHIDLER -- 08/06/2003<BR></A><BR> Which is used to help instructors understand </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/9C0269C32FC4AB1888256E5A00707BAF/$file/9970565.pdf?openelement">OPINION/ORDER</A><BR> Partial Concurrence and Partial Dissent by Judge Fernandez *John Ashcroft is substituted for his predecessor. The BIA held that Hughes was removable under 8 U.S.C. § 1227(a)(2)(A)(iii) because he was an alien who had been convicted of an aggravated felony. He argues that he is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/CF930D760A47865488256FF9000576CD/$file/0310551.pdf?openelement">OPINION/ORDER</A><BR> Inside were three individuals: Vaneshia Taylor ( </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//sept99/98-6337.man.html">UNITED STATES V. GARRETT (9/29/1999, NO. 98-6337)<BR></A><BR> Circuit Judge:</P> <P> This is a child pornography case. Garrett illustrated his intentions of wanting to have sex with </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/07a0266p-06.pdf">OPINION/ORDER</A><BR> 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 </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/04a0345p-06.pdf">OPINION/ORDER</A><BR> This court is again faced with the same claims. Having considered the arguments of the parties regarding the two claims that are before us. The petition was amended on September 16. This court's review of the state court's decision is governed by the standards set forth in the Antiterrorism and Effective Death Penalty Act of 1996. Because factual determinations by state courts are entitled to a presumption of correctness. We will describe the factual circumstances surrounding the murder for which House was convicted by quoting from the Tennessee Supreme Court's opinion denying him relief in his direct appeal: The victim of the homicide was Mrs. Muncey was in her late twenties. Her children were about eight and ten years old at the time of her death on July 13. In March 1985 appellant Paul Gregory House was released from a prison in Utah and moved to the rural community in which the Muncey family lived. Which was located about two miles from the Muncey home. He was permitted to drive his mother's car from time to time. </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.ca11.uscourts.gov/opinions/ops/200214941.pdf">OPINION/ORDER</A><BR> Turner Murders his Wife and Joyce Brown The facts concerning the two murders largely are undisputed. Turner repeatedly arrived at Joyce's apartment asking to speak to his estranged Irene Hall also went by the nickname </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/03/03/021261P.pdf">OPINION/ORDER</A><BR> CJN is an eleven year old boy with lesions in his brain and a long history of psychiatric illness. CJN was placed in a special program for elementary needs (SPEN) classroom at Keewaydin The Honorable Ann D. Most episodes of restraint were for less than a minute. There were six days on which CJN was restrained for five or more minutes: Restraint was used after CJN began kicking others. This was his last day at Keeywaydin. CJN was to receive the help of a one to one paraprofessional and was to participate in a point reward system to reinforce good behavior. CJN has continued to have significant behavioral difficulties at Calvin Academy. Mainly because of the lack of sufficient positive behavioral interventions during the latter period and the amount of physical restraint that he was subjected to. Shall grant such relief as the court determines is appropriate. </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/Jan1997/96a1485p.txt">OPINION/ORDER</A><BR> We will reverse and remand. Croft was sexually abusing his daughter. Sopko was further told that the child slept with her parents and that she had recently been out of the house naked. Told the neighbors that she was </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.ca11.uscourts.gov/opinions/ops/19972319.OPN.pdf">OPINION/ORDER</A><BR> 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 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/981075.P.pdf">OPINION/ORDER</A><BR> Throughout we have substituted Ann Doe. Circuit Judge: This case presents the question of whether attorney's fees are to be awarded for the legal services performed by an attorney in obtaining special education benefits for his child under the Individuals with Disabilities Education Act. The district court held that there was no entitlement to fees in these circumstances. I. Tom Doe is a child eligible for special education and related services under the Individual with Disabilities Education Act. Sought to have local public school authorities provide the Lovaas behavioral modification program to Tom. The </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.ca11.uscourts.gov/opinions/ops/200511843.pdf">OPINION/ORDER</A><BR> Was unreasonable. The purpose of the message board was to allow adults with children to meet other adults for the purposes of arranging and having sex with children. Scott indicated that he wanted to have sex with Agent Paganucci's six year old boy and four year old girl. Scott explained that he had a niece that he was </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=04-9005.01A">OPINION/ORDER</A><BR> Was on brief. Richardson</SPAN> was on brief. The bankruptcy court determined that the cost of sending the Watsons' two minor children to parochial school was neither a </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.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-3198_016.pdf">OPINION/ORDER</A><BR> Was late for school more than twenty times and was referred to the principal's office for disciplinary reasons at least six times. His efforts were unsuccessful. She would have to send Officer Denny for a home visit. </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/05a0955n-06.pdf">OPINION/ORDER</A><BR> This is an interlocutory appeal from the district court's decision that defendant social worker Williams Ash was not entitled to Eleventh Amendment or qualified immunity from a civil rights suit filed pursuant to 42 U.S.C. § 1983. The facts recounted below are drawn strictly from the complaint. David and Melody Smith are the parents of two minor children and the legal custodians of another minor child. Defendant Judy Williams Ash is an employee of Hamilton County Job and Family Services in Ohio. Plaintiffs have custody of Malake through a </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTIzNTYtYWdfb3BuLnBkZg==/06-2356-ag_opn.pdf">OPINION/ORDER</A><BR> We previously granted Lin's motion and We direct the clerk to alter the official caption to reflect the fact that there are two respondents in this case. 1 1 remanded this case to the BIA. Because there is no procedure by which a petitioner may make a motion in the court of appeals to remand for consideration of new evidence. Given the gravity of Lin's claim of future persecution and the potentially farreaching implications for similarly situated petitioners if the new evidence Lin presents is authentic. It asserts that we have authority to remand only when it requests that we do so. Lin also moved in this Court to remand his case to the BIA to consider previously unavailable evidence suggesting that forced sterilization is part 2 of the official family planning policy in Fujian Province. That this policy is applied to the repatriated parents of foreign born children. There is no procedure by which a petitioner can make a motion in the court of appeals to remand a case for consideration of new evidence. Given the gravity of Lin's claim of future persecution and the potentially farreaching implications for similarly situated petitioners if the new evidence Lin presents is authentic. </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//july95/94-4553.opa.html">VARIETY CHILDREN'S HOSP. V. CENTURY MEDICAL HEALTH PLAN<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Variety Children's Hosp. v. III and IV were dismissed with prejudice as preempted by ERISA. He was admitted to Variety Children's Hospital 20 times. Rios was a member/subscriber of a health maintenance organization plan issued by Century. Each time he was admitted to Variety. Century determined that this treatment was </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=97-1836.01A">OPINION/ORDER</A><BR> Newhoff with whom Harvard Immigration and Refugee Clinic of Greater Boston Legal Services was on brief for appellant. Were on brief for appellee. The Board found that petitioner did not have a well founded fear of persecution. She was fourteen years old when Jean Bertrand Aristide was elected president of Haiti. The university's opening was delayed. She testified that she and other students were fearful because violent crime was rampant and because they had heard that the Ton Ton Macoutes. Were entering schools and kidnapping students. Petitioner's decision to flee Haiti was prompted by an incident that led her to believe that she was being persecuted because of her pro Aristide views. As she and six friends were standing outside her home discussing President Aristide and expressing their desire to see him restored to power. There are a lot of people who don't like Aristide and they can kill you. Was one of the regular customers at her grandmother's bread and coffee store. Which was located in the front of their home. </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/1999/06/97-2224.htm">97-2224 -- U.S. V. CONTRERAS -- 06/17/1999<BR></A><BR> Contreras was re indicted. Late in 1994 she was convicted on four counts conspiracy. Background</strong></center> <p> The history of this case up through the first appeal is well documented in <u>United States v. We only briefly recount some early background for context and focus on events since our remand. <p> Dolores Contreras is one of twenty two people charged by the government with participating in an extensive drug conspiracy run by her father. Contreras started assisting her father in this illegal enterprise when she was 17. She remained active in the criminal enterprise until she was 24. Her participation stopped only because she and her father were arrested. Denogean was an inappropriate ground for departure because the two were not similarly situated </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/byDate/Jun2004/Jun14/03-10601.0.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. Federal investigators received information from a confidential informant that members of the Texas Aryan Brotherhood (the </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=97-1976.01A">OPINION/ORDER</A><BR> Gutkoski were on brief for appellants. Johnston were on brief for appellees. This is an appeal from a jury verdict of no liability in a medical malpractice case. Plaintiff appellant is Richard K. Defendants appellees are Benjamin Mahlab. We address only one of the three issues raised by appellant because it is dispositive. Excerpts from the letters were allowed in evidence. Were the parents of two children: Brian. Klonoski was born and raised in Connecticut. Klonoski was employed by Mary Hitchcock Memorial Hospital as a cardiologist. She was sent home in the afternoon. Klonoski's death she was delivered of a healthy baby girl. Klonoski was in San Diego at a medical meeting of cardiologists on Saturday. He was notified late Saturday of his wife's admission to the hospital. His wife was comatose and did not recognize him. PRETRIAL DISCOVERY As is usual in a well prepared medical malpractice case. As is also usual. The address to which her letters (the evidence in dispute) were sent. To the extent defendants can more persuasively support their assertion that such a list (or the names of particular people which would otherwise appear on such a list) is protected by the work product doctrine (i.e. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/011364.P.pdf">OPINION/ORDER</A><BR> MM and her parents have cross appealed. The contentions raised by MM and her parents are without merit. It is necessary first to review some essential legal principles under which they arise. We will then spell out the factual underpinnings of this dispute. A. The IDEA was enacted in 1990 to ensure that all children with disabilities receive a </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/2002/05/00-6204.htm">00-6204 -- HAWKINS V. MULLIN -- 05/22/2002<BR></A><BR> Which is not a specifically enumerated felony supporting a first degree murder conviction under Oklahoma law. We hold that the Oklahoma appellate court's interpretation was not unforeseeable and therefore did not deprive Hawkins of due process. Were also in the car at the time. His original plan was to kidnap Thompson and hold her for ransom. Were staying with the couple at that time. <p> At the house. 2) Thompson's murder was especially heinous. Hawkins is a continuing threat to society. Hawkins will be entitled to habeas relief only if he can establish that the state courts' resolution of his claims was </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/Feb1998/98a1792p.txt">OPINION/ORDER</A><BR> He alleges that trial counsel's performance was deficient due to a decision not to call certain witnesses. We will remand the remainder of the case to the district court for consideration of whether this claim has been exhausted. I. Hess was convicted of multiple counts of sexual misconduct with the minor children of his sister. Is the father of two of the victims. Ling failed to interview potential witnesses who would have stated that Becker. Would have testified that Becker gave the children drugs and then sexually molested them. Which inculpated her husband and suggested that he might have framed Hess.1 Hess maintains that he asked Ling to call Becker and Hafer as witnesses. We address first the claim that Ling's representation fell below objective standards of reasonableness because he did not present the testimony of certain witnesses of whom he was aware. </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=94-1299.01A">OPINION/ORDER</A><BR> Kindregan and Hale and Dorr were on brief for appellants. Dellea and Ficksman & Conley were on brief for appellee Larry K. Peabody & Arnold were on brief for appellees Sequa Corporation and Chromalloy Pharmaceutical. Page and that the Lareaus are not entitled to recover on their consumer protection claims against Dr. Was admitted to Children's Hospital in Boston. Which is a life threatening accumulation of pus that forms within a capsule of tissue in the brain. Which was approximately the size of a tennis ball. Lareau was admitted to the Burbank Hospital in Fitchburg. Lareau was referred to Dr. In which he warned her that there was a </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/2002/10/01-8021.htm">01-8021 -- SAPONE V. GRAND TARGHEE INC. -- 10/03/2002<BR></A><BR> Daya argues that the district court erred when it found that (1) falling from a bolting horse is an inherent risk that creates no duty on the part of the defendants under the Wyoming Recreation Safety Act ( </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/june2002/01-15258.opn.html">CARRINGER V. RODGERS (6/12/2002, NO. 01-15258)<BR></A><BR> Also in concluding that she did not have standing to assert § . 1983 claims because she was not her son's personal representative. We find that it is necessary to certify three questions of Georgia law to the Georgia Supreme Court.</SPAN></P> <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.law.emory.edu/11circuit//oct99/97-5078.man.html">CITIZENS CONCERNED ABOUT OUR CHILDREN V. SCH. BD. OF BROWARD COUNTY (10/28/1999, NO. 97-5078)<BR></A><BR> That Shaq and Doe's interlocutory appeal (which is joined with CCC's) is meritless. Was only partially correct.</P> <P><CENTER>I. Black plaintiffs have accused the Broward County Schools of impermissibly race conscious policies. The practical application of this policy was busing students (as it turned out far more black than white) to schools outside their neighborhoods. Were special curricula designed to attract white students to mostly black schools. Was denied entry to a magnet program in a majority black school for a month at the beginning of a school year. The two individual plaintiffs were joined by CCC. Which the complaint describes as </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/C8E4F6D5E6E53D5988256A73007EF2C1/$file/9970044.pdf?openelement">OPINION/ORDER</A><BR> We conclude that a bias claim is reviewable. I Petitioner Raquel Sanchez Cruz is a native and citizen of Mexico who entered the United States without inspection in 7963 1985. Sanchez Cruz is the single mother of two children. She states that she was unable to work for much of this time because her partner the children's father would not allow her to work. Despite the fact that he was unable to support the family. Who is also in the country illegally. This was reflected in his oral decision. Which provided in relevant part: The respondent in this case asserts extreme hardship to herself because of the lost opportunities she indi7964 cates that would be deprived her were she forced to return to Mexico. Is only to be on public welfare and public assistance and to mother children out of wedlock. This is despite this woman's indications that she is healthy with no medical or physical problems. Yet as soon as coming to this country decided it was no longer necessary. That there is little evidence even to indicate here. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca10.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-9580.wpd">OPINION/ORDER</A><BR> The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent. Bernabe sought cancellation of removal based on the hardship his United States citizen children would experience if he were removed to Mexico. While appeal No. 06 9539 was pending. Bernabe filed before the BIA a motion to reopen arguing that his counsel was ineffective in three respects (1) failing to present evidence of hardship to the children. He attached a letter from a clinical psychologist that stated </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//june2002/01-15258.opn.html">CARRINGER V. RODGERS (6/12/2002, NO. 01-15258)<BR></A><BR> Also in concluding that she did not have standing to assert § . 1983 claims because she was not her son's personal representative. We find that it is necessary to certify three questions of Georgia law to the Georgia Supreme Court.</SPAN></P> <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.kscourts.org/ca10/cases/2000/02/98-1140.htm">98-1140 -- WOLFE V. USAA LIFE INSURANCE CO. -- 02/24/2000<BR></A><BR> That absent those misrepresentations the policy would not have been issued.<a href= </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/oct99/97-5078.man.html">CITIZENS CONCERNED ABOUT OUR CHILDREN V. SCH. BD. OF BROWARD COUNTY (10/28/1999, NO. 97-5078)<BR></A><BR> That Shaq and Doe's interlocutory appeal (which is joined with CCC's) is meritless. Was only partially correct.</P> <P><CENTER>I. Black plaintiffs have accused the Broward County Schools of impermissibly race conscious policies. The practical application of this policy was busing students (as it turned out far more black than white) to schools outside their neighborhoods. Were special curricula designed to attract white students to mostly black schools. Was denied entry to a magnet program in a majority black school for a month at the beginning of a school year. The two individual plaintiffs were joined by CCC. Which the complaint describes as </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/93C891C76B96938B88256DC7006773D0/$file/0230253.pdf?openelement">OPINION/ORDER</A><BR> Under which C.K. will remain confined until his twentyfirst birthday. We have jurisdiction over his appeal pursuant to 28 U.S.C. § 1291. We hold that the sentence imposed was both arbitrary and in direct contravention of the rehabilitative purposes of the FJDA and therefore an abuse of discretion. Factual Background C.K. is a fourteen year old member of the Cheyenne River Sioux Tribe. He was born in Montana and spent the first six years of his life on the Fort Belknap Indian reservation with his parents and other family members. C.K. attended Head Start and could read and count to 100 by the time he was three. When C.K. was around six. C.K. was referred to the Fort Belknap Health Center ( </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/sept99/98-6337.man.html">UNITED STATES V. GARRETT (9/29/1999, NO. 98-6337)<BR></A><BR> Circuit Judge:</P> <P> This is a child pornography case. Garrett illustrated his intentions of wanting to have sex with </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.ca11.uscourts.gov/opinions/ops/19956243.OPA.pdf">OPINION/ORDER</A><BR> Circuit Judge: This action was brought on behalf of two elementary school students who allegedly were strip searched by a teacher and guidance counselor after having been accused of stealing money from a classmate. The district court concluded that defendants were In particular. Cassandra second Jenkins at and Graham Onieka McKenzie were in eight year old graders Elementary School Talladega. That $7 was missing from her purse. She instructed No money was Herring took charge of the investigation. the three students to take off their shoes and socks. revealed. A guidance counselor whose office was nearby. Who was waiting outside. Anthony claimed that the money was hidden behind a file cabinet and then. When nothing was found there. That it was stashed in a locker. Nelson concluded that Anthony had no idea where the money was and dismissed him. Herring ordered the two Cassandra was Herring then girls to take off their dresses. Onieka was wearing only underpants. instructed them to shake their dresses. She shook the slip Cassandra was wearing. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/36D5DA59A25F97FE88256E5A00707BB3/$file/9970044.pdf?openelement">OPINION/ORDER</A><BR> We conclude that a bias claim is reviewable. I Petitioner Raquel Sanchez Cruz is a native and citizen of Mexico who entered the United States without inspection in 7963 1985. Sanchez Cruz is the single mother of two children. She states that she was unable to work for much of this time because her partner the children's father would not allow her to work. Despite the fact that he was unable to support the family. Who is also in the country illegally. This was reflected in his oral decision. Which provided in relevant part: The respondent in this case asserts extreme hardship to herself because of the lost opportunities she indi7964 cates that would be deprived her were she forced to return to Mexico. Is only to be on public welfare and public assistance and to mother children out of wedlock. This is despite this woman's indications that she is healthy with no medical or physical problems. Yet as soon as coming to this country decided it was no longer necessary. That there is little evidence even to indicate here. </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/01F3A1F7369F8CEB88256A72007C6068/$file/9970565.pdf?openelement">OPINION/ORDER</A><BR> Partial Concurrence and Partial Dissent by Judge Fernandez *John Ashcroft is substituted for his predecessor. The BIA held that Hughes was removable under 8 U.S.C. § 1227(a)(2)(A)(iii) because he was an alien who had been convicted of an aggravated felony. He argues that he is a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=07-1393_014.pdf">OPINION/ORDER</A><BR> The federal guidelines sentence range was at least 63 to 78 months </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1836.01A">OPINION/ORDER</A><BR> Sullivan</SPAN> were on brief. Arguing that the district court could have considered the racial aspect of his relationship with his son. Louis was convicted of 14 counts of assisting in the preparation of false tax returns. The departure would have permitted Louis to receive a sentence of probation with a special condition of home detention for twelve to fifteen months. Louis was instead sentenced to twenty one months in prison. </SPAN></P> <P><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=98-1986.01A">OPINION/ORDER</A><BR> Inc. were on brief. Were on brief. It is appropriate that we keep in mind that </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3FF641D5AD0664458825710000837C6A/$file/0430249.pdf?openelement">OPINION/ORDER</A><BR> Circuit Judge: In this appeal we are confronted with a question of first impression regarding the scope of Congress's power under the Foreign Commerce Clause.1 At issue is whether Congress We commend both counsel for their excellent and comprehensive briefing on this novel issue. 1 UNITED STATES v. Which was concluded at the Second World Congress Against the Commercial Sexual Exploitation of Children. Cases involving the reach of the Foreign Commerce Clause vis a vis congressional authority to regulate our citizens' conduct abroad are few and far between. CLARK commerce </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.ll.georgetown.edu/federal/judicial/fed/opinions/01opinions/01-5015.html">MELLON BANK V. US<BR></A><BR> Font family:Arial'>for plaintiffs appellants.<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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTc4NTAtY3ZfYW1lbmRlZC5wZGY=/03-7850-cv_amended.pdf">OPINION/ORDER</A><BR> Hold that expert fees are compensable as costs under the IDEA. We hold prospectively that a plaintiff's application for fees for experts or consultants who perform services in IDEA actions will normally not be approved unless the application is accompanied by time records contemporaneously maintained by the person performing the services. The subsection with which we are here concerned has not. Included among the Murphys' expenses were $29. (2) although experts' fees are recoverable. (3) Arons's time records were insufficient. (4) Arons failed to establish that there was a market rate for her services. (5) Arons's fees pertaining to her representation of the Murphys during non judicial state </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/july95/94-4553.opa.html">VARIETY CHILDREN'S HOSP. V. CENTURY MEDICAL HEALTH PLAN<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Variety Children's Hosp. v. III and IV were dismissed with prejudice as preempted by ERISA. He was admitted to Variety Children's Hospital 20 times. Rios was a member/subscriber of a health maintenance organization plan issued by Century. Each time he was admitted to Variety. Century determined that this treatment was </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/04/03/023765P.pdf">OPINION/ORDER</A><BR> I. Background The facts of this case describe a parental nightmare­Katherine's parents watched as the scholastic needs of their child were processed through the grinding machinery of state and local education bureaucracies. Removed Katherine from public DESE is a department of the State of Missouri. Massachusetts (Perkins).4 The District agreed with the Lewises that a residential placement was needed. The school claimed it did not have an appropriate program of services for Katherine. Even though it previously had­and advertised that it continued to have­a program for deaf/blind students. Told the District that the rejection letter from MSB was </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/2003/04/00-4170.htm">00-4170 -- U.S. V. PEARL -- 04/09/2003<BR></A><BR> Circuit Judge. <p> <hr 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.ca3.uscourts.gov/opinarch/032917p.pdf">OPINION/ORDER</A><BR> Fiadjoe was seven years of age. Fiadjoe was held as a slave of her father. Fiadjoe sought asylum and other relief on the ground that if she were returned to Ghana she. A consequence that Ghanian government authorities were unable or unwilling to prevent. Fiadjoe's testimony was not credible. Fiadjoe failed to establish that the government of Ghana was either unwilling or unable to control her father's sexual abuse. We conclude that these findings are not supported by reasonable. We will grant the petition and remand the case for a new hearing and development of the record before a different IJ. She is a member of the Ewe tribe and a native and citizen of Ghana. She was detained as an arriving alien and interviewed. Fiadjoe conceded that she was removable under §212(a)(7)(A)(i)(I) of the INA for being an intending immigrant not in possession of a valid visa or other entry document. Held an evidentiary hearing on April The enforcement functions of the INS have since been transferred to the Department of Homeland Security. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="ftp://opinions.ca5.uscourts.gov/unpub/03/03-10601.0.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. Federal investigators received information from a confidential informant that members of the Texas Aryan Brotherhood (the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200501/02-5227a.pdf">OPINION/ORDER</A><BR> With her on the briefs were David B. With her on the brief were Peter D. Appellants contend that they have standing to pursue their challenges. It does not consider the alternate issue of whether judicial review is barred by the Act. To establish a system of assessments for measuring whether students have met those standards. 20 U.S.C. § 6311. A school's 3 continued failure to make adequate yearly progress toward meeting proficiency goals will give rise to assistance and intervention. In order 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.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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTA3NjItYWdfb3BuLnBkZg==/06-0762-ag_opn.pdf">OPINION/ORDER</A><BR> We remand so that the BIA may determine whether these documents are authentic and whether they establish the existence of an official policy. Including parents such as Chen whose children were born abroad. Chen's sole claim for relief is that she fears forced sterilization if she is returned to her home city of Changle City. Both this Court and the BIA have concluded that the evidence previously available to support Chinese asylum applicants' claims of forced sterilization. Was inadequate to establish the existence of an official policy of forced sterilization on the part of any Chinese province or locality. Thus insufficient to show that the applicants were likely to face forced sterilization if returned to China. 274 76 (2d Cir. 2006) (finding that the Aird Affidavit was insufficient to establish the existence of a policy of forced sterilization in China). 129 (2d Cir. 2005) (concluding that the petitioner's claim that he faced forced sterilization in China was </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDAzLTc4NTBfb3BuLnBkZg==/03-7850_opn.pdf">OPINION/ORDER</A><BR> Hold that expert fees are compensable as costs under the IDEA. We hold prospectively that a plaintiff's application for fees for experts or consultants who perform services in IDEA actions will normally not be approved unless the application is accompanied by time records contemporaneously maintained by the person performing the services. The subsection with which we are here concerned has not. Included among the Murphys' expenses were $29. (2) although experts' fees are recoverable. (3) Arons's time records were insufficient. (4) Arons failed to establish that there was a market rate for her services. (5) Arons's fees pertaining to her representation of the Murphys during non judicial state </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.ca3.uscourts.gov/opinarch/054658np.pdf">OPINION/ORDER</A><BR> The IJ concluded that Quispe failed to show that his children (who are citizens of the United States) would suffer exceptional and unusual hardship if Quispe were removed from the United States. Quispe argues that he should be deemed to have met his burden of showing unusual and exceptional hardship in light of United States treaty obligations and principles of customary international law. We will deny the petition for review. FACTUAL AND PROCEDURAL HISTORY The facts of this case are not in dispute. He is the father of two children with Lusmilla Quispe who were born in the United States in 1994 and 1997. The children have always lived with Lusmilla. The cancellation is available if the person </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="555"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200502/02-5227b.pdf">OPINION/ORDER</A><BR> With her on the briefs were David B. With her on the brief were Peter D. Appellants contend that they have standing to pursue their challenges. It does not consider the alternate issue of whether judicial review is barred by the Act. To establish a system of assessments for measuring whether students have met those standards. 20 U.S.C. § 6311. A school's 3 continued failure to make adequate yearly progress toward meeting proficiency goals will give rise to assistance and intervention. In order 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.ca3.uscourts.gov/opinarch/043110np.pdf">OPINION/ORDER</A><BR> Destio was convicted under 18 U.S.C. § 2252(a)(4)(B). Destio argues that (1) the Child Pornography Prevention Act of 1996 ( </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/July1996/96a1364p.txt">OPINION/ORDER</A><BR> Eleazar Morel petitions for review of the decision of the Board of Immigration Appeals (BIA) because he was declared ineligible to apply for relief from deportation under section 212(c) of the Immigration and Nationality Act (INA). Neither of which this circuit has previously addressed: whether the INS erred in imposing a requirement of seven consecutive years' domicile after the alien was admitted to the United States as a lawful permanent resident and whether the domicile of a parent may be imputed to his or her child in appropriate cases for purposes of meeting the seven year domicile requirement. I. Morel is a native and citizen of the Dominican Republic. He was admitted to the United States as a lawful permanent resident on December 20. 1989 when he was seventeen years old. Morel was arrested on August 24. That Morel was also convicted of </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.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTIzNTYtYWdfb3BuLnBkZg==/06-2356-ag_opn.pdf">OPINION/ORDER</A><BR> We previously granted Lin's motion and We direct the clerk to alter the official caption to reflect the fact that there are two respondents in this case. 1 1 remanded this case to the BIA. Because there is no procedure by which a petitioner may make a motion in the court of appeals to remand for consideration of new evidence. Given the gravity of Lin's claim of future persecution and the potentially farreaching implications for similarly situated petitioners if the new evidence Lin presents is authentic. It asserts that we have authority to remand only when it requests that we do so. Lin also moved in this Court to remand his case to the BIA to consider previously unavailable evidence suggesting that forced sterilization is part 2 of the official family planning policy in Fujian Province. That this policy is applied to the repatriated parents of foreign born children. There is no procedure by which a petitioner can make a motion in the court of appeals to remand a case for consideration of new evidence. Given the gravity of Lin's claim of future persecution and the potentially farreaching implications for similarly situated petitioners if the new evidence Lin presents is authentic. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200507/03-7143a.pdf">OPINION/ORDER</A><BR> With her on the briefs were Robert J. With him on the brief were Robert M. It places others in programs geared to youths who have committed less serious crimes or seem relatively likely to stay out of trouble. No minimum standards were required of District providers generally. Who did have experience with at risk youths but. Nor did these doors have locks. Doors leading into individual units did have locks. All of which was the case at Queenstown </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B5BF84E7139F52B8882571FC0049D312/$file/0672498.pdf?openelement">OPINION/ORDER</A><BR> UNITED STATES DISTRICT COURT OPINION PER CURIAM: The United States of America petitions this court for a writ of mandamus to require the district court to hold a jury trial in a criminal case in which the defendants are charged with acts involving interstate travel and the sexual abuse of young children. The minor will be portrayed in a visual depiction engaging in. The victims were the children of the defendants: Allen Harrod and Irene Hunt of Sacramento. The minor will be portrayed in a visual depiction engaging in. If any of the circumstances described in subsection (c) of this section exist. (c) The circumstances referred to in subsection (a) and (b) are that (1) in the course of the conduct described in such subsections the minor or the actor traveled in or was transported in interstate or foreign commerce . . . 18 U.S.C. §§ 2251A(a). Acts that the children were forced to commit. The five children involved three daughters of the Labrecques and one son and one daughter of Harrod and Hunt were as young as seven at the time of the abuse. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/B49D3074CE2937E488256E5A00707C3E/$file/0030193.pdf?openelement">OPINION/ORDER</A><BR> Will protect defendants from propensity evidence so inflammatory as to jeopardize their right to a fair trial. We therefore conclude that Rule 414 is constitutional. We emphasize that Rule 414 is not a blank check entitling the government to introduce whatever evidence it wishes. We conclude that the district judge in this case applied Rule 403 conscientiously and did not abuse his discretion in finding that LeMay's prior acts of child molestation were not so prejudicial as to outweigh their probative value. BACKGROUND Fred LeMay is a twenty four year old Native American and a member of the Fort Peck Indian tribe. LeMay made both children orally copulate with him while their parents were away and threatened to beat them up if they told anyone. LeMay was eventually arrested and charged with child molestation. When LeMay was just twelve years old. Who in the summer of 1989 were two years and eight months old. As in the 1997 incident for which LeMay was charged. Implied that this substance was semen. LeMay was found guilty of rape. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200606/05-3161a.pdf">OPINION/ORDER</A><BR> With her on the briefs was Thomas G. With her on the brief were Kenneth L. Senior Circuit Judge: Appellant Roger James Sullivan pled guilty to one count of knowingly possessing child pornography images that were transported in interstate commerce via the Internet. Appellant moved to have his indictment dismissed by the District Court. Which was decided after the District Court's ruling. Or that was produced using materials that have been mailed. Appellant was indicted on one count of possession of ten or more items of child pornography that had been transported in interstate or foreign commerce by computer. The proffer of facts supporting the plea agreement is straightforward. Appellant was working for FOX News Productions in Washington. FOX is a broadcast and cable news network that produces and distributes news and information programs throughout the United States. Whose server is located in Herndon. The National Center for Missing and Exploited Children analyzed the pornography and determined that many of the images were downloaded from Eastern European and Russian Internet sites. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.cadc.uscourts.gov/docs/common/opinions/200708/04-5350c.pdf">OPINION/ORDER</A><BR> With him on the briefs were Daniel J. Duff were on the brief for amici curiae John E. Edmonds was on the brief for amici curiae Emil Freireich and Stephen Strum in support of appellants. With him on the brief were Peter D. Turner was on the brief for amici curiae American Society of Clinical Oncology. Schultz was on the brief for amici curiae National Organization for Rare Disorders. Circuit Judge: This case presents the question whether the Constitution provides terminally ill patients a right of access to experimental drugs that have passed limited safety 3 trials but have not been proven safe and effective. The district court held there is no such right. A divided panel of this Court held there is. Because we conclude that there is no fundamental right </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/00/05/983521P.pdf">OPINION/ORDER</A><BR> 2000 9:54:01 AM </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Apr1996/96a1288p.txt">OPINION/ORDER</A><BR> MacLeod's presumptive guideline range was 121 151 months. Our review is plenary as to whether departure was permissible. Uncounted victims is an appropriate basis for upward departure and that the facts of record support the district court's decision to depart. We conclude that the extent of the district court's departure was unreasonable. The relevant facts are summarized as follows. V 1 was paid forty dollars for his participation. Age thirteen) were also present. They were filmed having sex with each other by Nastelin. V 4 was paid $ 250. The boys were compensated for their participation. MacLeod and Nastelin were arrested by agents of the FBI. He explained that in 1991 he began traveling from New Jersey to Baltimore to meet MacLeod at various hotels to have sex with boys. Approximately twenty films were made in Baltimore. Were age twelve or thirteen. V 5 was featured in an early Baltimore film. Both boys were paid. A total of ten boys were ultimately identified as participants in the Baltimore tapes. V 10 (age seventeen) were identified. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.vill.edu/locator/3d/Aug1999/987512.txt">OPINION/ORDER</A><BR> We hold that the IDEA did not permit reduction of tuition reimbursement to which plaintiffs are otherwise entitled based on an assessment of the relative reasonableness of the parties' conduct. We further hold that plaintiffs are entitled to reimbursement for the IEEs. The District having failed to establish that its evaluations were appropriate. 2 FACTS AND PROCEDURAL BACKGROUND Warren and Grant are both gifted students with learning disabilities. The parents were in discussions with the District over the design of appropriate IEPs for their sons but failed to reach agreement. By advising that they were withdrawing Warren and Grant from the District and enrolling them in the Janus School ( </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/ACCEC8941344ABFD88257300007CF2A7/$file/0575376.pdf?openelement">OPINION/ORDER</A><BR> We have jurisdiction under 8 U.S.C. § 1252 and deny Moreno's petition.1 The government contends Moreno did not exhaust his statutory argument that his grandchildren meet 8 U.S.C. § 1101(b)(1)(F)(i)'s definition of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/AC8D742B944A045C88256A41005B53CF/$file/9970448.pdf?openelement">OPINION/ORDER</A><BR> The IJ held that the Immigration and Naturalization Service (INS) failed to meet its threshold burden of establishing that Chau is an alien. Entitles him to a determination by this court that he is a United States national and. We have jurisdiction to consider Chau's citizenship claim under INA § 242(b)(5). Chau's claim to United States citizenship is nonfrivolous. I. Chau was born in Saigon. His mother is Mai Chau. Charging that he is deportable as an alien convicted of two crimes of moral turpitude. Chau conceded he had been convicted of the two crimes but asserted that he is a citizen and therefore not deportable. Chau introduced evidence that his father was a United States soldier stationed in Vietnam during the Vietnam con 1 This provision has been recodified as INA § 237(a)(2)(A)(ii). Once removal proceedings have been initiated. A petition for review under 8 U.S.C. § 1252(b)(5) is the only avenue by which a person may seek a judicial determination of his or her status as a national of the United States. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200110192.opn.pdf">OPINION/ORDER</A><BR> Even if a 30 day limitations period for requesting judicial review is applied to the IDEA. To ensure children with disabilities and their parents are guaranteed procedural safeguards with respect to each IEP. Among these measures is a requirement that if parents of a disabled child disagree with their local educational agency regarding the appropriateness of the child's current IEP. Informal review procedures have failed. The parents have the right to resolve the matter in an impartial due process hearing to be conducted by the agency. Factual Background Appellant is a 17 year old boy who suffers from mild mental retardation. The MDT determined Appellant's behavior was unrelated to his disability.1 The MDT's finding was then referred to Appellee's disciplinary tribunal. Section 1415(k)(5)(A) states that if the behavior of a child with a disability is determined not to be a manifestation of his or her disability. Appellant claimed he was not receiving the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/01/07/002722P.pdf">OPINION/ORDER</A><BR> Plaintiffs John and Leigh T. are the parents of Robert. The district court held that Robert's parents were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/021239.P.pdf">OPINION/ORDER</A><BR> I. Ekenasi is a native of Nigeria. He was accepted to the West Virginia University College of Law. All of this was made possible by his receipt of nearly $90. Ekenasi was employed as a paralegal with the West Virginia Tax Department. Ekenasi was earning a salary of approximately $22. See 11 U.S.C.A. § 1322(d) (West Supp. 2002) (providing that a Chapter 13 </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/972512.P.pdf">OPINION/ORDER</A><BR> The policy was intended to encourage pregnant women whose urine tested positive for cocaine use to obtain substance abuse counseling. Ten women who were tested pursuant to the policy. The parties evidently agree that only injunctive relief is being sought against those individual Appellees who are state officers sued in their official capacities. Brown was concerned about a perceived rise in cocaine use among pregnant women and the consequences for the health of the users' children. A task force was formed that included Nurse Brown. The Solicitor informed the participants that because a viable fetus was a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A5CB14182027A465882571FB00555995/$file/0474268.pdf?openelement">OPINION/ORDER</A><BR> Gonzales is substituted for his predecessor. Pleaded guilty in 1996 to sexual abuse of a minor.1 He was sentenced to 75 months in prison and 120 months of </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/mar2002/01-10192.opn.html">CORY D. V. BURKE COUNTY SCH. DIST. (3/18/2002, NO. 01-10192)<BR></A><BR> Even if a 30 day limitations period for requesting judicial review is applied to the IDEA. To ensure children with disabilities and their parents are guaranteed procedural safeguards with respect to each IEP. Among these measures is a requirement that if parents of a disabled child disagree with their local educational agency regarding the appropriateness of the child's current IEP. Informal review procedures have failed. The parents have the right to resolve the matter in an impartial due process hearing to be conducted by the agency. </SPAN><SPAN STYLE= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A3AC4A8F164DA30288256BBA0080B31D/$file/9935320.pdf?openelement">OPINION/ORDER</A><BR> FACE gives aggrieved persons a right of action against whoever by </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca8.uscourts.gov/opndir/06/12/054468P.pdf">OPINION/ORDER</A><BR> Spears was arrested. The resulting advisory Guidelines sentencing range was 324 to 405 months' imprisonment. Sufficiency of the Evidence Spears first argues there is insufficient evidence to support his conviction. He asserts the witnesses' testimonies were </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/sept96/95-6243.opa.html">JENKINS V. TALLADEGA CITY BD. OF ED.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Jenkins v. Circuit Judge:<p> <p> This action was brought on behalf of two elementary school students who allegedly were strip searched by a teacher and guidance counselor after having been accused of stealing money from a classmate. The district court concluded that defendants were entitled to summary judgment on all claims. Cassandra Jenkins and Onieka McKenzie were eight year old second graders at Graham Elementary School in Talladega. That $7 was missing from her purse. No money was revealed. A guidance counselor whose office was nearby. Who was waiting outside. Anthony claimed that the money was hidden behind a file cabinet and then. When nothing was found there. That it was stashed in a locker. Nelson concluded that Anthony had no idea where the money was and dismissed him.<p> From Nelson's office. Cassandra was wearing a slip. Onieka was wearing only underpants. She shook the slip Cassandra was wearing. After nothing was found. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit/apr99/97-9307.man.html">LATHEM V. DEP'T OF CHILDREN AND YOUTH SERV. (4/14/1999, NO. 97-9307)<BR></A><BR> A male employee whom she contended was similarly situated and had committed more egregious violations of DCYS's anti fraternization rule. Smith was a DCYS unit director and was Lathem's direct supervisor. Shirley McGarity reported to Nix that Smith was having an inappropriate relationship with her daughter. A DCYS client who was then fifteen years old.<A HREF= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/039.P.pdf">OPINION/ORDER</A><BR> 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. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-2764_014.pdf">OPINION/ORDER</A><BR> Maria was the custodian who controlled these accounts. Because none of the recipients is a transferee within the scope of 11 U.S.C. §550(a). Maria could not be a transferee because she was the funds' custodian and had no legal right to the money. Could not be directed to return the money as custodian because the children's accounts were empty. (The rest of Dimitrios's 50% share of the insurance proceeds was to come from Dimitrios himself. Nickolas have appealed. Gyros Express have not. We infer that Dimitrios and Maria have caused Vlako to re transfer the funds to hide them from creditors. Otherwise the judgment would have been satisfied by now. Maria and the children would have no remaining liability. (Dimitrios has pleaded guilty to two counts of bankruptcy fraud and is in prison.). Maria's situation is straightforward. The initial transfer was to the UTMA accounts. Maria was the custodian but No. 05 2764 3 not the </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200613035.pdf">OPINION/ORDER</A><BR> The subject line for that group was </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2002/07/01-2225.htm">01-2225 -- U.S. V. HARRISON -- 07/18/2002<BR></A><BR> Circuit Judge. <p> <hr align= </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://pacer.ca4.uscourts.gov/opinion.pdf/025R1.P.pdf">OPINION/ORDER</A><BR> The Petition for Rehearing is therefore denied. This court has invalidated Allen's sentence on nothing more than its unexplained speculation that some juror might have voted to sentence Allen differently had the jury not been instructed that it had to unanimously find the following inconsequential (if not affirmatively damaging) </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA0LTUzMDUtY3Zfc28ucGRm/04-5305-cv_so.pdf">OPINION/ORDER</A><BR> </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2D6495646EB35EBE882571ED007FCF23/$file/0455122.pdf?openelement">OPINION/ORDER</A><BR> Our jurisdiction is pursuant to 28 U.S.C. § 1291. Are not suspected of fraud or ineligibility. Are automatically enrolled in Project 100%. The parties are essentially in agreement as to the structure and operation of Project 100%. The visit includes a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca11.uscourts.gov/opinions/ops/200313188.pdf">OPINION/ORDER</A><BR> Bragging that he </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//sept96/95-6243.opa.html">JENKINS V. TALLADEGA CITY BD. OF ED.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Jenkins v. Circuit Judge:<p> <p> This action was brought on behalf of two elementary school students who allegedly were strip searched by a teacher and guidance counselor after having been accused of stealing money from a classmate. The district court concluded that defendants were entitled to summary judgment on all claims. Cassandra Jenkins and Onieka McKenzie were eight year old second graders at Graham Elementary School in Talladega. That $7 was missing from her purse. No money was revealed. A guidance counselor whose office was nearby. Who was waiting outside. Anthony claimed that the money was hidden behind a file cabinet and then. When nothing was found there. That it was stashed in a locker. Nelson concluded that Anthony had no idea where the money was and dismissed him.<p> From Nelson's office. Cassandra was wearing a slip. Onieka was wearing only underpants. She shook the slip Cassandra was wearing. After nothing was found. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/10circuit/june96/94-1454.wpd.html">VILLANUEVA V. CARERE<BR></A><BR> The Parents alleged that the decisions of defendant appellee the Board of Education for Pueblo School District No. 60 (the Board) to close the schools at which their children were enrolled and. Which they have not pursued on appeal. The issues for review are (1) whether the Parents met their burden of proving either discriminatory intent. (2) whether the Act is on its face discriminatory in violation of the Equal Protection Clause. 000 students of whom almost exactly 50% are Hispanic and about 64% are minorities. Although free transportation generally is not provided to those who choose to attend schools outside their neighborhood. The Colorado Charter Schools Act authorizes local school boards to contract with interested parties to establish charter schools public schools that are managed by their sponsors and financed primarily with the local school district's funds. Is less likely to succeed in a conventional educational environment. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F128F6A301BD8CA588256CDE00786B01/$file/0270003.pdf?openelement">OPINION/ORDER</A><BR> Iturribarria further alleges that his former counsel was ineffective. That he is therefore entitled to equitable tolling sufficient to convert his untimely motion to reopen into a timely one. Where the facts surrounding allegedly ineffective representation by counsel were unavailable to the petitioner at an earlier stage of the administrative process. Motions before the BIA based on claims of ineffective assistance of counsel are properly deemed motions to reopen. Then he is entitled to equitable tolling to convert his untimely motion to reopen into a timely one. Iturribarria were to establish at a hearing that his assertions concerning his attorney's conduct are true. Then his former counsel's performance was so ineffective that it denied him due process in previous proceedings. Iturribarria is a Mexican citizen who currently lives in Mission Hills. Stating that he was subject to deportation. Iturribarria was employed as a cook at Tacos Tacos. An attorney whose office was located nearby. The IJ further warned that if the application for suspension of deportation were not timely filed. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/August2003/022056p.pdf">OPINION/ORDER</A><BR> We must determine whether the State Defendants are entitled to constitutional immunity from plaintiff A.W.'s claims under section 504 of the Rehabilitation Act of 1973. The District Court correctly held that the State Defendants have waived any immunity from these claims by the acceptance of the federal financial assistance. We therefore will affirm. The defendants knew or should have known of his medical condition. He was a nineteen year old high school student when he commenced this action. A request was filed in December 1997 with the NJDOE on behalf of A.W. and other Jersey City students with dyslexia. The NJDOE is a recipient of financial assistance under the IDEA and other federal programs. The district was ordered to undertake corrective action regarding its reading curricula. He allegedly is making progress in reading. This amended complaint contained ten counts and sought such relief as the entry of a judgment declaring that A.W.'s rights were violated and both compensatory and punitive damages. Were allegedly liable pursuant to 42 U.S.C. § 1983 for infringing his rights under the IDEA and section 504 by conducting an allegedly ineffective complaint investigation. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.kscourts.org/ca10/cases/2003/12/02-1388.htm">02-1388 -- U.S. V. ROBERTSON -- 12/02/2003<BR></A><BR> The Sentencing Commission has imposed a two point enhancement when the internet is used either to induce a minor to engage in prohibited sexual conduct or to facilitate travel for that purpose. Reaches broadly to cover any instance in which a </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca3.uscourts.gov/opinarch/042000np.pdf">OPINION/ORDER</A><BR> We will grant the petition. The couple married in August 1996 and now have two children born in the United States: a son born in 1997 and a daughter born in 1999. 1 both Jiang and Chen contend they have a well founded fear of persecution on account of political opinion should they return to China. Because of their two U.S. born children and their desire to have more children. Despite the fact they were technically different due to a change in law: Jiang was in deportation proceedings. Whereas Chen was in removal proceedings. 2 1 Chen would be subjected to a forced abortion should she become pregnant again and that they would both be subjected to forced sterilization. The IJ's findings were based on Petitioners' testimony. It found there was insufficient record evidence they had an objectively reasonable. Was inconsistent with her asylum application on this point. The BIA added it was merely speculative that the couple would attempt to have another child in China. We have jurisdiction under 8 U.S.C. § 1252. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=04-1448_049.pdf">OPINION/ORDER</A><BR> I. Background Jose Martinez Maldonado entered the United States in 1996 as a non immigrant visitor from Mexico and was authorized to remain in the United States for six months. 2 Nos. 04 1448 & 04 3471 However. Are United States citizens. Since they were born in the United States. When his application was reviewed by the INS. It was determined that he was not eligible for permanent resident status and that he had been in the United States unlawfully. He was served with a notice of removal proceedings under section 237(a)(1)(B) of the INA. An evidentiary hearing was held at which MartinezMaldonado testified. His children are in good health and speak Spanish. Is nine years old and arrived in the United States in 1997 with Martinez Maldonado's wife. Is four years old and does not yet attend school. Is two years old and does not yet attend school. His only relative (besides his children and wife) living in the United States is his 71 year old father who resides in the United States without permission. Denied Martinez Maldonado's application for cancellation because he failed to establish that his children would suffer exceptional or extremely unusual hardship if they were removed to Mexico. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.law.emory.edu/11circuit//nov97/95-2799.man.html">WYKE V. POLK COUNTY SCH. BD.<BR></A><BR> This document was created from RTF source by rtftohtml version 2.7.5 > <title>Wyke v. These consolidated appeals raise the following issues: (1) whether plaintiff's </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Jan2002/001148.txt">OPINION/ORDER</A><BR> Seeking damages under Title IX for sexual abuse he received at the hands of his fourth grade teacher in a school that was part of the defendant school district. Plaintiff also contends that the school's principal was individually liable for damages under 42 U.S.C.S 1983. Found the principal was not liable under S 1983. We will reverse and remand for a new trial on plaintiff 's Title IX claim. Robert Warren transferred into the Reading School District's Tenth and Green Elementary School where he was assigned to Harold Brown's fourth grade class. Brown challenged Robert to squat and lift as many times as he could and Brown </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F83487173153DB4E88256A16006274B4/$file/9970861.pdf?openelement">OPINION/ORDER</A><BR> The petitioner was subjected to extreme abuse by her father. All of whose members were abused by her father. The 3471 petitioner presented evidence that the country of Mexico was unable or unwilling to do anything about this abuse. Which agreed that the petitioner had suffered persecution but concluded that she was not eligible for asylum on the ground of persecution on account of membership in a particular social group. The primary issue is whether the petitioner's immediate family. All of whose members lived together and were subjected to abuse by the petitioner's father. We also conclude that the petitioner was persecuted by her father on account of her membership in that social group. That Mexico is unable or unwilling to interfere with that persecution. We have jurisdiction pursuant to 8 U.S.C. § 1252(a) (1994 Supp. We grant the petitioner's petition for review and hold that she is eligible for asylum. We further hold that she is entitled to withholding of removal because she has established a clear probability of persecution if she returns to Mexico. </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Jan2002/011251.txt">OPINION/ORDER</A><BR> Several images of the latter were found. Zimmerman was indicted for possession of child pornography in violation of 18 U.S.C. His suppression motion was denied. Preserving his right to appeal the issue of whether the search warrant that produced the damning evidence was supported by probable cause. One video clip of adult pornography was in Zimmerman's home (or at least that Zimmerman had accessed it via the Internet from his home). That information was stale. We agree with Zimmerman that there was no probable cause to search for pornography child or adult in his home. Will reverse the denial of the suppression motion and vacate the judgment of conviction and sentence.1 1. David Zimmerman was a high school teacher and basketball coach in McCandless Township. Zimmerman was charged in the Court of Common Pleas of Allegheny County. The investigation continued after Zimmerman was charged. Had shown him </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://vls.law.villanova.edu/locator/3d/Jan2004/009005p.pdf">OPINION/ORDER</A><BR> Circuit Judge: The Commissioner of the Pennsylvania Department of Corrections (hereinafter </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/118FBAD022BCAD2D88256F1C00531FBE/$file/0330167.pdf?openelement">OPINION/ORDER</A><BR> Is hereby amended as follows: (1) We delete the last paragraph reading: Having concluded that the district court erred when it departed downward based on cultural assimilation. We express no view on whether and to what extent the departure might properly have been made on that ground. We do not address this issue because we cannot divine whether the district court would have departed and how it would have fashioned Rivas's reduced sentence absent the district court's erroneous reliance on cultural assimilation. It is for the district court in the first instance to decide whether and to what extent Rivas was entitled to a downward departure based solely on family ties. The record is not sufficiently developed for us UNITED STATES v. We conclude that Rivas's reduced sentence is </TD> </TR> <TR CLASS="swhit"> <TD CLASS="swrank"><IMG SRC="/usca/images/score-5.gif" ALT="537"></TD> <TD CLASS="swtitle"><A HREF="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0F569EF00290007188256BC0005876E6/$file/9935320ebcorrected.pdf?openelement">OPINION/ORDER</A><BR> C:\WINDOWS\Desktop\temp21\PlannedParenthoodLetter1.wpd
537 OPINION/ORDER
United States District Judge for the Eastern District of Arkansas. 3 1 We affirm the district court's ruling that ADHS may not alter the CHMS program until it conducts an impact study to ensure that the changes are consistent with the principles of economy. The federal Centers for Medicare & Medicaid Services (CMS) was not a party to the suit below. The district court ordered it to continue to subsidize the services that ADHS was providing. BACKGROUND Much of the historical background to this case was detailed in our prior decision. While participation in Medicaid is voluntary. That such services were currently provided under the CHMS program. Our court agreed that children are entitled to day treatment under the Medicaid Act. It was sufficient that ADHS continue to provide CHMS like services when prescribed by a physician. Since ADHS had done nothing to 3 42 U.S.C §§ 1396 1396v. 5 determine the effect that terminating elements of the CHMS program would have on these principles. ADHS notes that this issue was not remanded to the district court.
537 OPINION/ORDER
I. BACKGROUND Mateo is a 39 year old native of Guatemala. He was born and raised in the municipality of San Sebastian Coatan. After telling the guerrillas that he
537 OPINION/ORDER
McCoy challenges the section of the federal statute that prohibits the possession of child pornography made with materials that have traveled in interstate commerce. We hold that 18 U.S.C. § 2252(a)(4)(B) is unconstitutional as applied to simple intrastate possession of a visual depiction (or depictions) that has not been mailed. Or transported interstate and is not intended for interstate distribution. Were or are commercial producers of child pornography. At the time charges were filed against the McCoys. Kala were spending an evening at home. Her two older children were placed with foster care parents. Although only Kala was alleged to have played any role in the event that led to the arrest of her mother and stepfather. 1 UNITED STATES v. This pose was captured in one photograph. Rhonda was also charged with one count of manufacturing child pornography using materials transported in interstate commerce. 18 U.S.C. § 2251(a).3 Rhonda and Jonathan filed It is. District attorney declined to file charges). 3 Although § 2251 is generally referred to as a
537 OPINION/ORDER
Permitted brochures are either made available for students to pick up or placed in teachers' in house mailboxes and then distributed by the teachers to their students. Material from community organizations or of a general nature that is not of a commercial.
537 OPINION/ORDER
We do not address the arguments concerning the summary affirmance procedure. 3 decision is supported by substantial evidence and that the BIA properly affirmed without opinion the IJ's determination that Mulanga failed to satisfy her burden of establishing eligibility for asylum and withholding of removal. We conclude that: (1) petitioner should have been given an opportunity to provide corroborating documentation of her husband's political affiliation or. (2) the decision is not supported by substantial evidence. The following account is based on two sources. The events relating specifically to Mulanga and her family are based on Mulanga's testimony (the credibility of which is disputed). Information about political events and conditions in the Democratic Republic of Congo (DRC) is taken from the U.S. Mulanga was born on June 4. Their seven children were born in Kinshasa between August 1978. Mulanga's husband was a member of the opposition party. He was the local person . . . His primary function was to work with the young people and to help them how to function within the party.
537 CORY D. V. BURKE COUNTY SCH. DIST. (3/18/2002, NO. 01-10192)

Even if a 30 day limitations period for requesting judicial review is applied to the IDEA. To ensure children with disabilities and their parents are guaranteed procedural safeguards with respect to each IEP. Among these measures is a requirement that if parents of a disabled child disagree with their local educational agency regarding the appropriateness of the child's current IEP. Informal review procedures have failed. The parents have the right to resolve the matter in an impartial due process hearing to be conducted by the agency.
537 OPINION/ORDER
With him on the brief was Lisa Kobialka. With him on the brief were Paul F. Of counsel on the brief was Richard M. Of counsel was Evelyn H. With him on the brief was William F. Of counsel on the brief were Guillermo E. This patent infringement action was brought by appellant PharmaStem Therapeutics. PharmaStem sued six defendants (four of which are appellees before us in this appeal). The treatment is based on the discovery that blood from a newborn infant's umbilical cord is a rich source of a type of stem cells useful for rebuilding an individual's blood and immune system after that system has been compromised by disease or a medical treatment such as chemotherapy. Stem cells are fundamental (or
537 OPINION/ORDER
A Kentucky resident who was stabbed to death at the
537 OPINION/ORDER
Two negligence actions were commenced against Grovenburg in South Dakota state court. The complaints alleged that Grovenburg was negligent in permitting her son. As a result of Grovenburg's negligent supervision while they were at the day care facility. The appellees did not object to the bankruptcy court's recommendation that North Star did not have a duty to defend Grovenburg and the District Court adopted that recommendation. North Star is not involved in this appeal. 2 1 The first issue we must address is whether the District Court's order was a
537 OPINION/ORDER
Their joint report was submitted to Brown's ex wife and was ultimately given to the court. A second court ordered evaluation was also done in 1988 by defendant Christopher Salt. This litigation has reached the point where dedication and commitment have outrun legal merit. Without implying that they are the only grounds available.

537 OPINION/ORDER
Will protect defendants from propensity evidence so inflammatory as to jeopardize their right to a fair trial. We therefore conclude that Rule 414 is constitutional. We emphasize that Rule 414 is not a blank check entitling the government to introduce whatever evidence it wishes. We conclude that the district judge in this case applied Rule 403 conscientiously and did not abuse his discretion in finding that LeMay's prior acts of child molestation were not so prejudicial as to outweigh their probative value. BACKGROUND Fred LeMay is a twenty four year old Native American and a member of the Fort Peck Indian tribe. LeMay made both children orally copulate with him while their parents were away and threatened to beat them up if they told anyone. LeMay was eventually arrested and charged with child molestation. When LeMay was just twelve years old. Who in the summer of 1989 were two years and eight months old. As in the 1997 incident for which LeMay was charged. Implied that this substance was semen. LeMay was found guilty of rape.
537 RISHELL V. JANE PHILLIPS EPISCOPAL MEM. MED. CTR.

This case is before us a second time for review of a pretrial ruling. We reversed the district court's determination that diversity jurisdiction was lacking and remanded for further proceedings on the jurisdictional issue. I Plaintiff Max Lee Rishell is the curator of the person and estate of Kathleen Lacey. Mrs Lacey exists in a permanent vegetative state as a result of her failed attempt to commit suicide while she was hospitalized in defendant institution and under the care of defendant Dr. It was originally filed in the Western District of Oklahoma. Lacey's husband and children are indispensable parties whose joinder would destroy diversity jurisdiction. While this motion was pending. Lacey's husband and children are not indispensable parties and that the lower court abused its discretion in holding to the contrary. Lacey's husband and children are not indispensable parties. Rishell's assertion that the district court was precluded by the law of the case from considering the indispensable party issue. As we have noted.
537 OPINION/ORDER
Schmukler was on brief for appellant. Were on brief for appellee. Where he was to meet a man named Nunyo. Who was a government informant. Defendant followed Teixera to an apartment where Lepore was to make the purchase. Defendant's two sons were left in a separate room in the apartment. He also stated that he knew that the box contained drugs and that he was aware of larger quantities of drugs being imported from Colombia. He was nonetheless found guilty of possession with intent to distribute a controlled substance in violation of 21 U.S.C. 841 (a)(1) and (b)(1)(A)(ii). Defendant took the stand and attempted to recount statements that were allegedly made to him by individuals in Colombia. Defense counsel repeatedly explained that defendant was not offering these statements in order to prove the truth of the matter asserted. He argued that the significance of these alleged statements lay solely in the fact that they were made and that they therefore had an effect on defendant's behavior. R. Evid. 801(c) advisory 4 4 committee's note (
537 OPINION/ORDER
The petitioner was subjected to extreme abuse by her father. All of whose members were abused by her father. The 3471 petitioner presented evidence that the country of Mexico was unable or unwilling to do anything about this abuse. Which agreed that the petitioner had suffered persecution but concluded that she was not eligible for asylum on the ground of persecution on account of membership in a particular social group. The primary issue is whether the petitioner's immediate family. All of whose members lived together and were subjected to abuse by the petitioner's father. We also conclude that the petitioner was persecuted by her father on account of her membership in that social group. That Mexico is unable or unwilling to interfere with that persecution. We have jurisdiction pursuant to 8 U.S.C. § 1252(a) (1994 Supp. We grant the petitioner's petition for review and hold that she is eligible for asylum. We further hold that she is entitled to withholding of removal because she has established a clear probability of persecution if she returns to Mexico.
537 OPINION/ORDER
Ndez were on brief. P.S.C. were on brief. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. Remand.

537 OPINION/ORDER
The IJ held that the Immigration and Naturalization Service (INS) failed to meet its threshold burden of establishing that Chau is an alien. Entitles him to a determination by this court that he is a United States national and. We have jurisdiction to consider Chau's citizenship claim under INA § 242(b)(5). Chau's claim to United States citizenship is nonfrivolous. I. Chau was born in Saigon. His mother is Mai Chau. Charging that he is deportable as an alien convicted of two crimes of moral turpitude. Chau conceded he had been convicted of the two crimes but asserted that he is a citizen and therefore not deportable. Chau introduced evidence that his father was a United States soldier stationed in Vietnam during the Vietnam con 1 This provision has been recodified as INA § 237(a)(2)(A)(ii). Once removal proceedings have been initiated. A petition for review under 8 U.S.C. § 1252(b)(5) is the only avenue by which a person may seek a judicial determination of his or her status as a national of the United States.
537 01-9508 -- MCELWEE V. IMMIGATION & NATURALIZATION SERVICE -- 10/02/2002

The case is therefore ordered submitted without oral argument.

Petitioner Leonisita Quiosay McElwee petitions for review of a decision of the Board of Immigration Appeals (Board) denying her motion to reopen deportation proceedings. We have jurisdiction to review the Board's decision denying a motion to reopen. Aguilera v. While they were both working in Saudi Arabia. They were married in June 1984 in Thailand. McElwee had an undissolved marriage in the Philippines and was not free to marry John McElwee. McElwee an order to show cause why she should not be deported because her immigrant visa was invalid. There was no evidence that the marriage was ever dissolved.

Mrs. Claimed that she was never married in the Philippines and her children were not borne of a marriage. See id. at 129 34. She stated that one of her natural children is probably the result of being raped by Arsenio Llamera. That her other two living children were adopted. See id. at . She said that her fourth child was the product of artificial insemination.

537