The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of Cutter v. Wilkinson, 544 U.S. ___ (2005).
04-1227 BRADLEY, TIMOTHY H., ET AL. V. UNITED STATESThe petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the First Circuit for further consideration in light of United States v. Booker, 543 U.S. ___ (2005).
04-8465 ROSALES, ADRIAN V. BUREAU OF IMMIGRATIONThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of the confession of error by the Acting Solicitor General in his brief filed for the respondent on May 4, 2005.
04-8478 BERGER, THOMAS V. UNITED STATESThe motions of petitioners for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments are vacated and the cases are remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ___ (2005).
04-9828 MILLER, ANTOINE V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the District of Columbia Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-9864 CLARK, WILLIAM E. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-9865 CESAL, CRAIG V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-9867 SANCHEZ, TRACY ANN V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of United States v. Booker, 543 U.S. ___ (2005).
04-9916 GARCIA-MEJIA, OSCAR H. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of United States v. Booker, 543 U.S. ___ (2005).
04-9917 SAVAGE, JAMES A. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of United States v. Booker, 543 U.S. ___ (2005).
04-10020 SETTLE, JASON V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of United States v. Booker, 543 U.S. ___ (2005). ORDERS IN PENDING CASES
04-1315 LONG ISLAND CARE AT HOME, ET AL. V. COKE, EVELYNThe Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. CERTIORARI GRANTED
04-1332 WILL, RICHARD, ET AL. V. HALLOCK, SUSAN, ET AL.The petition for a writ of certiorari is granted. In addition to the Question presented by the petition, the parties are directed to brief and argue the following Question: "Did the Court of Appeals have jurisdiction over the interlocutory appeal of the District Court's order denying a motion to dismiss under the FTCA's judgment bar, 28 U.S.C. §2676?" CERTIORARI DENIED
03-1404 BASS, CHIEF OF OPERATIONS, ETC. V. MADISON, IRA W., ET AL.The petitions for writs of certiorari are denied.
04-1179 INTEGRATED TELECOM EXPRESS, INC. V. NMSBPCSLDHB, L.P.The motion of National Venture Capital Association for leave to file a brief as amicus curiae out-of-time is denied. The petition for a writ of certiorari is denied.
04-1318 MONTANA V. ANYAN, TANYA M., ET AL.The motion of respondent Troy Klein for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
04-1392 CLARK, CHERYL A. V. McLEOD, ELSEY M.The motion of Pacific Justice Institute for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.
04-9760 WOODBERRY, THOMAS V. BRUCE, WARDEN, ET AL. withpauperis are denied, and the petitions for writs of certiorari are dismissed. See Rule 39.8. HABEAS CORPUS DENIED
04-9544 IN RE GEORGE E. SIBLEY, JR.The petitions for writs of habeas corpus are denied.
04-10104 IN RE DARRYL E. JACKSONThe motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed. See Rule 39.8. MANDAMUS DENIED
04-9545 IN RE LAWRENCE L. ADAMSThe petitions for writs of mandamus are denied. REHEARINGS DENIED
04-491 DICKERSON, DURAND V. BATES, G. RONALD, ET AL.The petitions for rehearing are denied.
Judith Lenore Fitzgerald, of Baltimore, Maryland, having been suspended from the practice of law in this Court by order of January 10, 2005; and a rule having been issued and served upon her requiring her to show cause why she should not be disbarred; and the time to file a response having expired; It is ordered that Judith Lenore Fitzgerald is disbarred from the practice of law in this Court.
D-2390 IN THE MATTER OF DISBARMENT OF BENJAMIN CHURCHILL WOODBenjamin Churchill Wood, of New York, New York, having been suspended from the practice of law in this Court by order of January 10, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Benjamin Churchill Wood is disbarred from the practice of law in this Court.
D-2395 IN THE MATTER OF DISBARMENT OF RUPERT ARVEL HALL, JR.Rupert Arvel Hall, Jr., of Moorestown, New Jersey, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Rupert Arvel Hall, Jr. is disbarred from the practice of law in this Court.
D-2396 IN THE MATTER OF DISBARMENT OF MATTHEW M. RUSSOMatthew M. Russo, of Long Beach, New York, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Matthew M. Russo is disbarred from the practice of law in this Court.
D-2397 IN THE MATTER OF DISBARMENT OF TERRY LEN McCOLLOUGHTerry Len McCollough, of Orlando, Florida, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Terry Len McCollough is disbarred from the practice of law in this Court.
D-2398 IN THE MATTER OF DISBARMENT OF WARNER SMITH OLDSWarner Smith Olds, of Fort Lauderdale, Florida, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Warner Smith Olds is disbarred from the practice of law in this Court.
D-2399 IN THE MATTER OF DISBARMENT OF REID SCOTT NEUMANReid Scott Neuman, of Northbrook, Illinois, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Reid Scott Neuman is disbarred from the practice of law in this Court.
D-2400 IN THE MATTER OF DISBARMENT OF ALAN I. KARTENAlan I. Karten, of Miami, Florida, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Alan I. Karten is disbarred from the practice of law in this Court.
D-2401 IN THE MATTER OF DISBARMENT OF FERNAND LOUIS LAUDUMIEY, III.Fernand Louis Laudumiey, III, of New Orleans, Louisiana, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Fernand Louis Laudumiey, III, is disbarred from the practice of law in this Court.
D-2402 IN THE MATTER OF DISBARMENT OF VAL K. SCHEURICH, III.Val K. Scheurich, III, of New Orleans, Louisiana, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Val K. Scheurich, III, is disbarred from the practice of law in this Court.
D-2403 IN THE MATTER OF DISBARMENT OF JOHN V. NORTONJohn V. Norton, of Minneapolis, Minnesota, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that John V. Norton is disbarred from the practice of law in this Court.
D-2404 IN THE MATTER OF DISBARMENT OF JAMES GAULTNEY ETHEREDGEJames Gaultney Etheredge, of Fort Walton Beach, Florida, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that James Gaultney Etheredge is disbarred from the practice of law in this Court.
D-2405 IN THE MATTER OF DISBARMENT OF ROBERT EDMOND SENTONRobert Edmond Senton, of Melbourne, Florida, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Robert Edmond Senton is disbarred from the practice of law in this Court. RECESS ORDER The Court will take a recess from Monday, June 6, 2005, until Monday, June 13, 2005.