EAGAN, District Judge. Defendant-Appellant Randell David Lonjose pleaded guilty to one count of engaging in a sexual act with a minor in Indian Country, in violation of 18 U.S.C. 1153 and 2243(a), and was sentenced to 51 months in prison followed by three years of supervised release. As part of his plea agreement, Defendant waived his right to appeal his sentence. The United States Probation Office (USPO) later filed an ex parte petition seeking to modify Defendant's conditions of...
ANDERSON, Circuit Judge. Anita Luster, an employee of the United States Forest Service, appeals from the district court's entry of summary judgment in favor of the Secretary of the United States Department of Agriculture, on her claims of sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e to 2000e-17, and violations of the Privacy Act, 5 U.S.C. 552a(b). We have reviewed the district court's opinion and order de novo under the...
SEYMOUR, Circuit Judge. Dewey C. MacKay, M.D., petitions for review of a decision of the Deputy Administrator of the Drug Enforcement Administration ("DEA") revoking his registration to dispense controlled substances and denying all pending requests for renewal or modification. 1 Dewey C. MacKay, M.D., 75 Fed.Reg. 49,956 (DEA Aug. 16, 2010). Because the DEA's decision is supported by substantial evidence and is not arbitrary or capricious, we deny the petition. I. Dr. MacKay is a...
TYMKOVICH, Circuit Judge. The Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. 16911-29, requires a sex offender to register and keep the registration current in each state where he resides, works, or studies. Sex offenders who change their name, residence, employment, or student status, must appear in person in at least one "jurisdiction involved" to inform the state's authorities of the change. In this appeal we must determine whether a sex offender violates SORNA by...
McKAY, Circuit Judge. This case comes to us on appeal for the second time and still involves a dispute over payment for transcripts of proceedings in the underlying case. After this court held that Appellant Jennifer Bean had no right to be paid for transcripts that Appellee Paul Livingston, attorney for the plaintiffs in the underlying action, did not order or obtain from her, the district court on remand vacated a court-ordered lien and ordered disbursement of funds to Mr. Livingston. 1 Ms....
ORDER Appellee's petition for rehearing is granted in part for the limited purpose of removing the last sentence of the first paragraph on page 26 in our original opinion filed on November 1, 2011. We remove the sentencing stating: "National has a duty to defend." Otherwise, the petition for rehearing is denied. A copy of the modified opinion is attached to this order. The petition for rehearing en banc was transmitted to all of the judges of the court who are in regular and active service....
KELLY, Circuit Judge. Plaintiff-Appellant Olivea Marx appeals from the district court's judgment in favor of Defendant-Appellee General Revenue Corporation ("GRC"). After a bench trial, the district court found no violation of the Fair Debt Collection Practices Act ("FDCPA") and awarded costs to GRC in the amount of $4,543. We have jurisdiction under 28 U.S.C. 1291, and we affirm. Background Ms. Marx defaulted on her student loan. In September 2008, her guarantor, EdFund, a division of...
MURPHY, Circuit Judge. I. Introduction Keith Allen Hendrix entered a conditional plea of guilty to one count of Possession with Intent to Distribute in Excess of 50 Grams of Methamphetamine in violation of 21 U.S.C. 841(a)(1), and one count of Possession of a Firearm in Furtherance of a Drug Trafficking Crime in violation of 18 U.S.C. 924(c)(1)(A). Pursuant to his plea agreement, Hendrix reserved the right to appeal the district court's denial of his motion to suppress evidence seized as...
GORSUCH, Circuit Judge. Do we have to decide a qualified immunity appeal involving close questions of law that the district court hasn't yet addressed Do the police violate a suspect's clearly established rights by requesting his hospital records And do authorities have probable cause to arrest a trained marksman who makes suspicious statements in the wake of a shooting, who leads officers on a high speed chase, and who has a recently concealed rifle shell casing lying at the bottom of his...
McKAY, Circuit Judge. In this case, we are called upon to review a final order of the Occupational Safety and Health Review Commission finding a serious violation of a safety regulation and assessing a $5,500 penalty against Petitioner Compass Environmental. Specifically, the Commission held that Compass violated 29 C.F.R. 1926.21(b)(2) by failing to train a now-deceased employee to recognize and avoid the electrocution hazard presented by a high-voltage overhead power line at his worksite...
BRORBY, Senior Circuit Judge. Appellant Gerald Wayne Snow, Sr., pled guilty to one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. 1349, and four counts of wire fraud, in violation of 18 U.S.C. 2 and 1343. The district court sentenced him to concurrent ninety-month sentences on each count. Mr. Snow now appeals the district court's sentences, contending it erred in the methodology it used in calculating the reasonable estimate of victim loss attributable to him. He also...
BALDOCK, Circuit Judge. Defendant challenges his sentence for criminal contempt for refusing to testify before a grand jury. The sentencing guideline provision for contempt requires the district court to "apply the most analogous offense guideline." The district court in this case applied the guideline for obstruction of justice. Defendant argues the district court should have applied the provision for failure to appear as a material witness. He also challenges his sentences as substantively...
GORSUCH, Circuit Judge. No one likes being pulled over for a traffic violation. Still, for most drivers the experience usually proves no more than an unwelcome (if often self-induced) detour from the daily routine. But not every traffic stop is so innocuous. Sometimes what begins innocently enough turns violent, often rapidly and unexpectedly. Every year, thousands of law enforcement officers are assaulted—and many are killed—in what seem at first to be routine stops for relatively minor...
BRISCOE, Chief Judge. Plaintiff Kansas Penn Gaming, LLC (KPG), a limited liability corporation formed by Penn National Gaming, Inc. (Penn National), entered into a real estate sale contract with HV Properties of Kansas, LLC (HV), pursuant to which KPG purchased from HV parcels of land in southeast Kansas for $2.5 million for the purpose of seeking to develop a lottery gaming facility on the land. KPG ultimately chose not to develop a lottery gaming facility on the land. HV thus did not receive...
GORSUCH, Circuit Judge. Enacted in 2009, the Lilly Ledbetter Fair Pay Act governs how long parties have to file "discrimination in compensation" claims. This case requires us to consider what that phrase means. As it turns out, the phrase refers to situations in which a member of a protected class receives less pay than similarly situated colleagues—that is, unequal pay for equal work. Because the plaintiffs in this case don't raise an unequal pay for equal work claim, they do not benefit from...
HARTZ, Circuit Judge. A jury of the United States District Court for the District of Colorado convicted Defendant Christopher Bass on one count of being a felon in possession of a firearm. See 18 U.S.C. 922(g)(1). He was sentenced to 94 months in prison and 3 years of supervised release. On appeal he contends (1) that the search that discovered the firearm was unlawful because (a) the government failed to show that his girlfriend's consent to search his trailer was voluntary and (b) his...
ANDERSON, Circuit Judge. Defendant and appellant Damon Hunter appeals the denial of his motion to suppress evidence gathered from a vehicle in which he was traveling. For the following reasons, we affirm the denial of his motion to suppress. BACKGROUND On August 28, 2009, Kansas Highway Patrol Trooper Chris Nicholas was patrolling Interstate 70 in Wabaunsee County, Kansas. More particularly, Trooper Nicholas was participating in a special assignment known as the "TOPS" program, in which...
TYMKOVICH, Circuit Judge. Susie Strohm is a former executive of ClearOne Communications, Inc. In 2003, the SEC sought a preliminary injunction against ClearOne based on suspicions of irregular accounting practices and securities law violations. During a hearing on the preliminary injunction, Strohm was asked if she was involved in a particular sale by ClearOne that was the focus of the SEC's case. She said she was not and approximated that she learned of the sale either before or after the end...
GORSUCH, Circuit Judge. Must a district court allow a defendant to withdraw his guilty plea—even when the request is based on a lie Unsurprisingly, we hold the answer is no. The law does not permit anyone to compel judicial action based on intentionally false statements. This case began with Cesar Osbaldo Armendariz Soto facing an indictment for his involvement in a drug distribution conspiracy. The government charged him with, among other things, conspiracy to distribute large quantities of...
MATHESON, Circuit Judge. This appeal comes to us from the district court's denial of the defendants-appellants' motion to dismiss a complaint alleging 42 U.S.C. 1983 claims against them for violation of the plaintiff-appellee's rights under the Fourteenth Amendment to substantive due process, procedural due process, and equal protection. The appellants argued, among other things, that their qualified immunity from suit required dismissal. Our review is limited to that issue. Ray Brown pled...
