The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Miller-El v. Dretke, 545 U.S. ___ (2005).
04-1390 UNITED STATES V. SMITH, ALVINThe motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Gonzales v. Raich, 545 U.S. ___ (2005).
04-6176 ALLEN, DON E. V. CALIFORNIAThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the Court of Appeal of California, First Appellate District for further consideration in light of Johnson v. California, 545 U.S. ___ (2005).
04-8323 HOLBROOK, AGNES V. UNITED 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).
04-10091 TEEPLES, DAVID R. 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 Ninth Circuit for further consideration in light of United States v. Booker, 543 U.S. ___ (2005).
04-10103 JONES, PHILIP D. 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 Seventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-10127 FOX, EDWARD J. 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 First Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-10253 THOMAS, MARSHAUN 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 Third Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005). ORDERS IN PENDING CASES
04M74 AMADASUN, PATRICK I. V. COLUMBIA PICTURES INDUS., ET AL.The motion to direct the Clerk to file a petition for a writ of certiorari out-of-time under Rule 14.5 is denied.
04-721 LAMARQUE, WARDEN V. CHAVIS, REGINALDThe motion of respondent for appointment of counsel is granted. Peter K. Stris, Esquire, of Los Angeles, California, is appointed to serve as counsel for the petitioner in this case. CERTIORARI GRANTED
04-1264 BUCKEYE CHECK CASHING, INC. V. CARDEGNA, JOHN, ET AL.The petitions for writs of certiorari are granted. CERTIORARI DENIED
03-10031 ENGLISH, JERMAINE V. ALABAMAThe petitions for writs of certiorari are denied.
04-1381 SPRINT COMMUNICATIONS CO., ET AL V. SMITH, WAYNE, ET AL.The motion of Association of American Railroads for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.
04-1461 HANAS, JOSEPH R. V. MICHIGANThe motion of American Jewish Congress for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied. HABEAS CORPUS DENIED
04-10294 IN RE MICHAEL H. BILDERBACKThe petitions for writs of habeas corpus are denied. MANDAMUS DENIED
04-9730 IN RE SHELLY M. SIMMONS-GOFFThe petitions for writs of mandamus are denied. REHEARINGS DENIED
03-725 PASQUANTINO, DAVID B., ET AL. V. UNITED STATESThe petitions for rehearing are denied.
Bradley Harold Lockenvitz, of Linn, Missouri, having been suspended from the practice of law in this Court by order of August 5, 2002; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and a response having been filed; It is ordered that Bradley Harold Lockenvitz is disbarred from the practice of law in this Court.
D-2406 IN THE MATTER OF DISBARMENT OF JOHN MICHAEL POOLEJohn Michael Poole, of Miami, Florida, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that John Michael Poole is disbarred from the practice of law in this Court.
D-2407 IN THE MATTER OF DISBARMENT OF JOHN SILVIA, JR.John Silvia, Jr., of Somerset, Massachusetts, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that John Silvia, Jr. is disbarred from the practice of law in this Court.
D-2408 IN THE MATTER OF DISBARMENT OF WILLIAM HOWARD PIPPENWilliam Howard Pippen, of Houston, Texas, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that William Howard Pippen is disbarred from the practice of law in this Court.
D-2409 IN THE MATTER OF DISBARMENT OF ROBERT W. RICKARDRobert W. Rickard, of Houston, Texas, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Robert W. Rickard is disbarred from the practice of law in this Court.
D-2410 IN THE MATTER OF DISBARMENT OF RAHMAN OLALEKAN ASHIRURahman Olalekan Ashiru, of Houston, Texas, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Rahman Olalekan Ashiru is disbarred from the practice of law in this Court.
D-2411 IN THE MATTER OF DISBARMENT OF WILLIAM S. BOYD, III.William S. Boyd, III., of Gulfport, Mississippi, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that William S. Boyd, III. is disbarred from the practice of law in this Court.
D-2412 IN THE MATTER OF DISBARMENT OF ELLIOTT D. MOORMANElliott D. Moorman, of East Orange, New Jersey, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Elliott D. Moorman is disbarred from the practice of law in this Court.
D-2413 IN THE MATTER OF DISBARMENT OF CHARLES STEVEN EPSTEINCharles Steven Epstein, of Edison, New Jersey, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Charles Steven Epstein is disbarred from the practice of law in this Court.
D-2414 IN THE MATTER OF DISBARMENT OF MARTIN STANLEY TANNERMartin Stanley Tanner, of Salt Lake City, Utah, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Martin Stanley Tanner is disbarred from the practice of law in this Court.
D-2415 IN THE MATTER OF DISBARMENT OF JOHN P. GROSSJohn P. Gross, of Warren, New Jersey, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that John P. Gross is disbarred from the practice of law in this Court.
D-2416 IN THE MATTER OF DISBARMENT OF DAVID NEWTON BUDADavid Newton Buda, of East Hampton, New York, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that David Newton Buda is disbarred from the practice of law in this Court.
D-2417 IN THE MATTER OF DISBARMENT OF SCOTT W. SPENCERScott W. Spencer, of Columbus, Ohio, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Scott W. Spencer is disbarred from the practice of law in this Court.
D-2419 IN THE MATTER OF DISBARMENT OF PAUL M. WHITAKERPaul M. Whitaker, of Albany, New York, having been suspended from the practice of law in this Court by order of February 22, 2005; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Paul M. Whitaker is disbarred from the practice of law in this Court. RECESS ORDER The Court will take a recess from Monday, June 20, 2005, until Thursday, June 23, 2005.