FILED United States Court of Appeals Tenth Circuit March 28, 2008 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 07-4128 v. (D.C. No. 2:06-CR-384-DAK) (D. Utah) RAOUL MORENO, Defendant - Appellant. ORDER AND JUDGMENT * Before TACHA, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and KELLY, Circuit Judge. Defendant-Appellant Raoul Moreno appeals from his conviction for distributing five grams or more of...
FILED United States Court of Appeals Tenth Circuit March 26, 2008 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 07-2087 v. D. N.M. JASON LOSSIAH, (D.C. No. CIV-06-467-MV) Defendant - Appellant. ORDER DENYING CERTIFICATE OF APPEALABILITY AND DISMISSING APPEAL Before KELLY, MURPHY, and O’BRIEN, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral...
524 F.3d 1137 (2008) UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. Gonzalo MUÑOZ-NAVA, Defendant-Appellee/Cross-Appellant. Nos. 06-2247, 06-2254. United States Court of Appeals, Tenth Circuit. May 6, 2008. *1139 David N. Williams, Assistant United States Attorney (Larry Gomez, Acting United States Attorney, and David C. Iglesias, former United States Attorney, with him on the briefs), Albuquerque, NM, for Plaintiff-Appellant/Cross-Appellee. Margaret A. Katze, Assistant...
FILED United States Court of Appeals Tenth Circuit April 7, 2008 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 07-2102 HUGO SNYDER-AGUIRRE, (D.C. No. 05-CR-1612-BB) (D.N.M.) Defendant-Appellant. ORDER AND JUDGMENT * Before O’BRIEN, BALDOCK, and McCONNELL, Circuit Judges. I. Defendant Hugo Snyder-Aguirre was indicted on, among other things, one count of illegal reentry of a previously deported alien in...
540 F.3d 1165 (2008) UNITED STATES of America, Plaintiff-Appellee, v. Arnoldo ZAPATA, a/k/a Lolo; Sergio Zapata-Hernandez, a/k/a Tito, a/k/a Titillo, a/k/a Lucas; Lilian Galvan, a/k/a Petunia, a/k/a Yiya; Jaime Zapata, a/k/a Rudy, a/k/a Jimmy, a/k/a Chasco; and Humberto Galvan, a/k/a Beto, Defendants-Appellants. Nos. 06-1541, 06-1542, 06-1543, 07-1001, 07-1012. United States Court of Appeals, Tenth Circuit. September 9, 2008. *1168 Philip A. Cherner, Esq., Denver, CO, appearing for Appellant...
FILED United States Court of Appeals Tenth Circuit March 14, 2008 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court CHRISTINE M. PENNINGTON, Plainitff - Appellant, No. 07-2250 v. D. N.M. NORTHROP GRUMMAN SPACE & (D.C. No. 2:06-CV-00614-WPL-ACT) MISSION SYSTEMS CORPORATION, Defendant - Appellee. ORDER AND JUDGMENT * Before O’BRIEN, EBEL, and GORSUCH, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral...
FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS August 14, 2008 Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 08-2039 v. (D. New Mexico) PATRICIA MARTINEZ-DE (D.C. No. 2:07-CR-01267-MV-1) NEVAREZ, Defendant - Appellant. ORDER AND JUDGMENT * Before BRISCOE, MURPHY, and HARTZ, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not...
FILED United States Court of Appeals Tenth Circuit October 8, 2008 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court FOR THE TENTH CIRCUIT KESHA LASHAWN MASTON, Plaintiff-Appellant, No. 08-5027 v. (D.C. No. 4:06-CV-00694-CVE-FHM) (N.D. Okla.) ST. JOHN HEALTH SYSTEM, INC., Defendant-Appellee. ORDER AND JUDGMENT * Before HARTZ, BALDOCK, and GORSUCH, Circuit Judges. Kesha Lashawn Maston appeals from the district court’s order granting summary judgment to her former employer, St....
545 F.3d 922 (2008) Nathanael Lutuima Quaresma RIBAS, Petitioner, v. Michael B. MUKASEY, United States Attorney General, [*] Respondent. No. 07-9509. United States Court of Appeals, Tenth Circuit. November 4, 2008. *923 Submitted on the briefs: [**] David C. Senger of Perrine, McGivern, Redemann, Reid, Berry & Taylor, P.L.L.C., Tulsa, OK, for Petitioner. Linda S. Wendtland, Assistant Director, John C. Cunningham, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, U.S....
541 F.3d 1227 (2008) UNITED STATES of America, Plaintiff-Appellee, v. Shelby Wayne SELLS, Defendant-Appellant. No. 07-7047. United States Court of Appeals, Tenth Circuit. September 15, 2008. *1230 Jill M. Wichlens, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the brief), Denver, Colorado, for Defendant-Appellant. Ryan M. Roberts, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, with him on the brief), Muskogee, Oklahoma,...
518 F.3d 1186 (2008) PORT CITY PROPERTIES, an Oklahoma corporation d/b/a Hodges Warehouse; Alpine Properties, LLC, an Oklahoma limited liability company, Plaintiffs-Appellants, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant-Appellee. No. 06-5187. United States Court of Appeals, Tenth Circuit. March 10, 2008. *1187 Kenneth L. Brune of Brune Law Firm, Tulsa, OK, for Plaintiffs-Appellants. Christopher D. Wolek (Tom L. Armstrong, Robert D. Hart, and Laura L. Eakens with him on the...
FILED United States Court of Appeals Tenth Circuit December 18, 2008 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court FOR THE TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 07-5183 (D.C. No. 04-CR-00211-001-HDC) MARVIN L. BARBER, a/k/a “Hurt,” (N.D. Okla.) Defendant-Appellant. ORDER AND JUDGMENT * Before O’BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges. A jury convicted defendant-appellant Marvin L. Barber of one count of Possession with the Intent to...
FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS October 9, 2008 Elisabeth A. Shumaker FOR THE TENTH CIRCUIT Clerk of Court JEFFREY HEIL; PAULA HEIL, Plaintiffs-Appellants, v. No. 07-4224 (D.C. No. 2:06-CV-785-PGC) WELLS FARGO BANK, N.A., (D. Utah) Defendant-Appellee. ORDER AND JUDGMENT * Before HARTZ, BALDOCK, and GORSUCH, Circuit Judges. Jeffrey and Paula Heil appeal the district court’s grant of summary judgment to Wells Fargo Bank, N.A., on their claim under...
FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS May 28, 2008 Elisabeth A. Shumaker FOR THE TENTH CIRCUIT Clerk of Court JANET JAMISON, Plaintiff - Appellant, No. 06-4306 v. (D.C. No. 2:06-CV-514-TC) (D. Utah) SMITH’S FOOD AND DRUG CENTERS, INC., JENNIFER BUTTRICK, JEFF SHORT, and ZANE DAY, Defendants - Appellees. _ JANET JAMISON, Plaintiff - Appellant, No. 06-4311 v. (D.C. No. 2:06-CV-763-TC) (D. Utah) UTAH ANTI-DISCRIMINATION and LABOR DIVISION, SHERRIE S....
FILED United States Court of Appeals Tenth Circuit February 15, 2008 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court FOR THE TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 07-3281 (D.C. No. 06-CR-10231-WEB) SHERMAN E. GIBBS, (D. Kan.) Defendant-Appellant. ORDER AND JUDGMENT * Before BRISCOE, MURPHY, and McCONNELL, Circuit Judges. Sherman E. Gibbs pled guilty to one count of possession with intent to distribute cocaine. As part of his plea agreement, Mr....
FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALSJanuary 25, 2008 FOR THE TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court In re: DONALD ALVIN CARLSON, No. 06-8158 (BAP No. WY-06-027) Debtor. (BAP) COBRA WELL TESTERS, LLC, Plaintiff-Appellant, v. DONALD ALVIN CARLSON, Defendant-Appellee. ORDER Before TYMKOVICH, BALDOCK, and EBEL, Circuit Judges. An Order and Judgment was filed in this matter on January 23, 2008. The panel hereby amends the last sentence on page...
FILED United States Court of Appeals Tenth Circuit January 3, 2008 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 07-5070 v. (N.D. Oklahoma) LAZARO CASTANEDA ASCENCIO, (D.C. No. 06-CR-102-01-CVE) Defendant - Appellant. ORDER AND JUDGMENT * Before KELLY, ANDERSON, and MURPHY, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not...
FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS October 14, 2008 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 08-4018 JEREMY ARRINGTON, (D.C. No. 2:05-CR-0500-DB) (D. Utah) Defendant-Appellant. ORDER AND JUDGMENT * Before BRISCOE, EBEL, and HARTZ, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the...
FILED United States Court of Appeals Tenth Circuit October 14, 2008 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT CAROLE JENKINS BOLLINGER, Wife and Personal Representative of Estate of Steven N. Bollinger, also known as Carole E. Jenkins, Plaintiff-Appellant, v. No. 08-1211 (D. of Colo.) LA VILLA GRANDE CARE (D.C. No. 08-cv-628-ZLW) CENTER, ITS OUT OF STATE PARENT CORPORATION, MONTROSE COUNTY, JEANNETTE HENSLEY, Director, and COLORADO STATE HUMAN SERVICES,...
FILED United States Court of Appeals Tenth Circuit February 20, 2008 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT JOSHUA E. WINGFIELD, Plaintiff-Appellant, No. 07-1419 v. (D. of Colo.) PATRICK J. SULLIVAN (D.C. No. 07-cv-1544-ZLW) DETENTION FACILITY, ARAPAHOE COUNTY DEPARTMENT FACILITY, BUREAU CHIEF SPENCE, ARAPAHOE COUNTY SHERIFF’S OFFICE, and SHERIFF GRAYSON, Defendants-Appellees ORDER AND JUDGMENT * Before LUCERO, TYMKOVICH, and HOLMES, Circuit Judges. **...
