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Court of Appeals for the Tenth Circuit

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Rokowski v. Gilbert, 19-8055 (2009)

FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS March 13, 2009 Elisabeth A. Shumaker FOR THE TENTH CIRCUIT Clerk of Court JACEK ROKOWSKI, Plaintiff-Appellant, v. No. 08-2220 (D.C. No. 6:07-CV-01123-JAP-LAM) SHARON LYNN ROKOWSKI, (D. N.M.) Defendant, and MARK ALAN GILBERT; AMY EVANS GILBERT, Defendants-Appellees. ORDER AND JUDGMENT * Before LUCERO, PORFILIO, and ANDERSON, Circuit Judges. * After examining the briefs and appellate record, this panel has...

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Wall v. Astrue, 19-8050 (2009)

561 F.3d 1048 (2009) Joan WALL, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, [*] Defendant-Appellee. No. 06-1029. United States Court of Appeals, Tenth Circuit. March 3, 2009. *1050 Submitted on the briefs: [**] *1051 Frederick W. Newall, Colorado Springs, CO, for Plaintiff-Appellant. William J. Leone, United States Attorney, Kurt J. Bohn, Assistant United States Attorney, and Thomas H. Kraus, Special Assistant United States Attorney, Denver, CO, for Defendant-...

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United States v. Stanford, 19-6133 (2009)

FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS May 13, 2009 TENTH CIRCUIT Elisabeth A. Shumaker _ Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 08-3312 (D. Kan.) KANEAIS STANFORD, (D.Ct. No. 6:03-CR-10064-JTM-1) Defendant - Appellant. _ ORDER AND JUDGMENT * Before HARTZ, McKAY, and O’BRIEN, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially...

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United States v. Olds, 19-6132 (2009)

FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS May 28, 2009 Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 08-3336 v. (D. Kansas) RASHEED JAMAL OLDS, (D.C. No. 2:95-CR-20086-JWL-1) Defendant - Appellant. ORDER AND JUDGMENT * Before HARTZ, EBEL, and O’BRIEN, Circuit Judges. Rasheed Jamal Olds appeals the denial of his motion under 18 U.S.C. § 3582(c)(2) for a reduction in his sentence. We exercise...

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Mann v. Astrue, 19-6131 (2009)

FILED United States Court of Appeals Tenth Circuit February 24, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court FOR THE TENTH CIRCUIT RICKY J. MANN, Plaintiff-Appellant, No. 08-1084 (D.C. No. 1:06-CV-02015-MSK) v. (D. Colo.) MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant-Appellee. ORDER AND JUDGMENT * Before O’BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges. As of January 26, 2001, Ricky J. Mann was adjudicated disabled and awarded benefits. This case...

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United States v. Holmes, 19-6130 (2009)

FILED United States Court of Appeals Tenth Circuit February 11, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 07-3355 v. (D. Kansas) DAVID LEE HOLMES, II, (D.C. No. 05-CR-40066-SAC-1) Defendant-Appellant. ORDER AND JUDGMENT * Before HENRY, Chief Judge, ANDERSON, and SEYMOUR, Circuit Judges. Defendant-Appellant David Lee Holmes, Jr., received a 121-month sentence for his conviction for possession with...

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United States v. Fisher, 19-4136 (2009)

FILED United States Court of Appeals Tenth Circuit December 16, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-3145 (D. Kansas) v. (D.C. Nos. 6:06-CR-10162-1-JTM and 6:09-CV-01074-JTM) STACY L. FISHER, Defendant - Appellant. ORDER DENYING CERTIFICATE OF APPEALABILITY Before LUCERO, McKAY, and MURPHY, Circuit Judges. This matter is before the court on Stacy Fisher’s pro se request for a certificate of...

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Harty v. United States, 19-4135 (2009)

FILED United States Court of Appeals Tenth Circuit December 3, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT JOHN M. HARTY, Plaintiff - Appellant, No. 09-2197 v. (D. New Mexico) UNITED STATES OF AMERICA, (D.C. No. 1:09-CV-00493-GBW-LFG) Defendant - Appellee. ORDER AND JUDGMENT * Before LUCERO, McKAY, and MURPHY, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially...

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Ball v. Wilshire Insurance, 19-4132 (2009)

FILED United States Court of Appeals Tenth Circuit August 11, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker FOR THE TENTH CIRCUIT Clerk of Court AMANDA L. BALL, Plaintiff-Appellant, v. No. 06-7095 (D.C. No. 05-CV-491-RAW) WILSHIRE INSURANCE (E.D. Okla.) COMPANY, a North Carolina company, Defendant-Appellee. ORDER AND JUDGMENT * Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges. Amanda L. Ball appeals the district court’s grant of summary judgment to defendant Wilshire Insurance...

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In Re Williams Securities Litigation-WCG Subclass, 19-4131 (2009)

558 F.3d 1144 (2009) In re WILLIAMS SECURITIES LITIGATION-WCG SUBCLASS. No. 08-5100. United States Court of Appeals, Tenth Circuit. March 3, 2009. *1145 Submitted on the briefs: [*] William Christopher Carmody, Jonathan E. Bridges, and Jeremy J. Brandon, Susman Godfrey LLP, Dallas, TX, Joshua H. Vinik, Matthew A. Kupillas, and Kent A. Bronson, Milberg LLP, New York, NY, and Behram V. Parekh, Yourman Alexander & Parekh, Los Angeles, CA, for Plaintiffs-Appellants. Michael J. Gibbens, Victor E....

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West Coast Life Ins. Co. v. Hoar, 19-4130 (2009)

558 F.3d 1151 (2009) WEST COAST LIFE INSURANCE COMPANY, a Nebraska corporation, Plaintiff-Appellee, v. Martha HOAR, as the personal representative of the other Estate of Stephen M. Butts; Telluride Properties, LLC., a Colorado Limited Liability Company; Telluride Properties, Inc., a Colorado corporation; Albert D. Roer, an individual; Polly Lychee, an individual, Defendants-Appellants. No. 07-1080. United States Court of Appeals, Tenth Circuit. March 6, 2009. *1152 Blain D. Myhre (Stuart Pack...

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Singh v. Mukasey, 19-4129 (2009)

FILED United States Court of Appeals Tenth Circuit March 31, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court FOR THE TENTH CIRCUIT SURINDER SINGH, Petitioner, v. No. 08-9543 (Petition for Review) ERIC H. HOLDER, JR., * United States Attorney General, Respondent. ORDER AND JUDGMENT ** Before TACHA, MURPHY, and HARTZ, Circuit Judges. An immigration judge (IJ) denied petitioner Surinder Singh’s application for asylum, withholding of removal, and request for protection...

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Witjaksono v. Holder, 19-4117 (2009)

573 F.3d 968 (2009) Humphrey Sarwono WITJAKSONO and Ligiowati Fnu, Petitioners, v. Eric H. HOLDER, Jr., [*] United States Attorney General, Respondent. No. 08-9540. United States Court of Appeals, Tenth Circuit. July 17, 2009. As Amended July 23, 2009, filed nunc pro tunc to July 17, 2009. *970 Lisa Suzanne Anderson (Houman Varzandeh with her on the briefs), VHF Law Group, Los Angeles, CA, for Petitioners. William C. Minick (Linda S. Wernery, Assistant Director, with him on the briefs), United...

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Dma Intern., Inc. v. Qwest Communications Intern., 19-3211 (2009)

585 F.3d 1341 (2009) DMA INTERNATIONAL, INC., Petitioner-Appellant, v. QWEST COMMUNICATIONS INTERNATIONAL, INC., and affiliated entities, Respondents-Appellees. No. 08-1392. United States Court of Appeals, Tenth Circuit. November 4, 2009. *1343 Submitted on the briefs: [*] John A. Yaklevich, Moore & Yaklevich, Columbus, OH, for the Petitioner-Appellant. Christopher J. Koenigs, Sherman & Howard, L.L.C. (Michael B. Carroll, Sherman & Howard, L.L.C., and David J. Driscoll, Garlin Driscoll Howard...

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Lucero v. Wiley, 19-3209 (2009)

FILED United States Court of Appeals Tenth Circuit December 1, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT SIMON LUCERO, Petitioner - Appellant, No. 09-1344 v. (D. Colorado) RON WILEY, Warden, Federal Prison (D.C. No. 1:09-CV-01118-ZLW) Camp - Florence, Respondent - Appellee. ORDER AND JUDGMENT * Before HARTZ, EBEL, and SEYMOUR, Circuit Judges. Simon Lucero, a federal prisoner appearing pro se, appeals the dismissal by the United States District Court...

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White v. Blackwell, 19-3192 (2009)

FILED United States Court of Appeals Tenth Circuit September 1, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT LARRY WHITE, Plaintiff - Appellant, No. 09-3061 v. (D. Kansas) JAMIE BLACKWELL, Assistant (D.C. No. 5:08-CV-03133-SAC) Saline County Prosecutor, Defendant - Appellee. ORDER AND JUDGMENT * Before HARTZ, McKAY, and O’BRIEN, Circuit Judges. Larry White, a Kansas state prisoner proceeding pro se, brought this action under 42 U.S.C. § 1983 in the...

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United States v. Gallegos-Castro, 19-3191 (2009)

FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS March 26, 2009 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff–Appellee, No. 08-2090 v. (D.C. No. 06-CR-01841-JAP-1) GENOVEVO GALLEGOS–CASTRO, (D. N.M.) Defendant–Appellant. ORDER AND JUDGMENT * Before HARTZ, McKAY, and O’BRIEN, Circuit Judges. After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially...

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United States v. Waldon, 19-3188 (2009)

FILED United States Court of Appeals Tenth Circuit January 22, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 08-8025 JONATHAN A. WALDON, (D.C. No. 03-CR-091-B) (D. Wyoming) Defendant-Appellant. ORDER AND JUDGMENT * Before BRISCOE, BALDOCK and HOLMES, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in...

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Young v. United States, 19-2140 (2009)

FILED United States Court of Appeals Tenth Circuit March 12, 2009 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker FOR THE TENTH CIRCUIT Clerk of Court TIMOTHY DOYLE YOUNG, Plaintiff-Appellant, v. No. 07-1314 (D.C. No. 06-cv-1253-ZLW) UNITED STATES OF AMERICA; (D. Colo.) U.S. DEPT. OF JUSTICE; FEDERAL BUREAU OF PRISONS; ERIC H. HOLDER, JR., Attorney General; HARLEY LAPPIN, BOP Director; HARRELL WATTS, Appeals Administrator; MICHAEL NALLEY, Regional Director, NCR; DARYL KOSIAK, Regional...

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Wallin v. CMI, 19-2139 (2009)

FILED United States Court of Appeals Tenth Circuit February 9, 2009 UNITED STATES COURT OF APPEALSElisabeth A. Shumaker Clerk of Court TENTH CIRCUIT _ OLOYEA D. WALLIN, Plaintiff - Appellant, No. 07-1144 v. (No. 03-cv-2319-WDM-MJW) CMI, KIM DEMPEWOLF, RYAN (D. Colo.) BRADLEY, MARYE DEMING, AARON, JASON COLLIDGE, SANDRA CANNON-GRANT, CHARLES ABBOTT, MONIQUE M. MARTEL, R.N., F.N.P., Defendants - Appellees. _ ORDER AND JUDGMENT* _ Before HENRY, Chief Judge, TYMKOVICH, and HOLMES, Circuit Judges.**...

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