In re Petition of A.O.T., Nos. 09-FS-994, 09-FS-995, 09-FS-996 (2010)

In re A.T., No. 10-FS-124 (2010)

RIORDAN v. S.E.C., 627 F.3d 1230 (2010)

KAVANAUGH, Circuit Judge. The New Mexico State Treasurer's Office invested some of the state's revenues in securities. From 1996 to 2002, the Treasurer's Office selected Guy Riordan's brokerage firms for many of those transactions. But the process for choosing brokerage firms was corrupt: Riordan paid kickbacks to New Mexico's Treasurer for the business. The crooked scheme ultimately unraveled amid a series of government investigations and enforcement actions. Relevant here is an action...

U.S. v. PETTIFORD, 627 F.3d 1223 (2010)

KAREN LeCRAFT HENDERSON, Circuit Judge: In November 2006, a jury convicted Franklin Pettiford (Pettiford) of possessing with intent to distribute cocaine base in violation of 21 U.S.C. 841(a)(1) and 841(b)(1)(B)(iii). Pettiford, contending the Government had failed to disclose exculpatory evidence in its possession in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), moved for a new trial. The district court denied his motion, concluding the undisclosed...

MAYDAK v. U.S., 630 F.3d 166 (2010)

EDWARDS, Senior Circuit Judge: This is the third time that we have heard an appeal involving the parties in this case. This litigation is now thirteen years old and, unsurprisingly, it presents a weighty and complicated record. The case concerns trust fund claims brought pursuant to 28 U.S.C. 1331 and 31 U.S.C. 1321, and Privacy Act claims arising under 5 U.S.C. 552a(g)(1). The appellants, Keith Maydak, Paul Lee, and Gregory A. Smith, were incarcerated in federal prison facilities when...

SOLOMON v. VILSACK, 628 F.3d 555 (2010)

TATEL, Circuit Judge: This case involves the interaction of two statutory regimes designed to benefit and protect federal employees with disabilities: the Rehabilitation Act of 1973 and the disability retirement provisions of the Federal Employees' Retirement System Act of 1986. To prevail on a claim of disability discrimination under the Rehabilitation Act, plaintiffs must show that they could "perform the essential functions" of their jobs either "with or without reasonable accommodation."...

FORD v. MABUS, 629 F.3d 198 (2010)

TATEL, Circuit Judge: Appellant, a federal government employee, alleges discrimination on the basis of age in violation of section 633a of the Age Discrimination in Employment Act (ADEA). The district court applied the McDonnell Douglas framework and found that appellant had failed to meet his ultimate burden of proving that age was the but-for cause of the challenged action. Seeing error in neither the district court's fact-findings nor its evidentiary rulings, we affirm that portion of its...

FLINT HILLS RESOURCES ALASKA, LLC v. F.E.R.C., 627 F.3d 881 (2010)

WILLIAMS, Senior Circuit Judge: This case arises primarily out of the stresses involved in a shift from one system of regulatory ratemaking to another. For many years the oil pipeline companies owning and operating the Trans Alaska Pipeline System ("TAPS") charged shippers rates based on a 1985 settlement agreement between them (initially six of the carriers, but ultimately all eight) and the state of Alaska. (Alaska's anticipation of royalties and tax receipts gave it a stake in the matter;...

SALAHI v. OBAMA, 625 F.3d 745 (2010)

TATEL, Circuit Judge: This case is more than merely the latest installment in a series of Guantanamo habeas appeals. The United States seeks to detain Mohammedou Ould Salahi on the grounds that he was "part of" al-Qaida not because he fought with al-Qaida or its allies against the United States, but rather because he swore an oath of allegiance to the organization, associated with its members, and helped it in various ways, including hosting its leaders and referring aspiring jihadists to a...

U.S. v. BAILEY, 622 F.3d 1 (2010)

Opinion for the Court by Circuit Judge ROGERS. ROGERS, Circuit Judge. Roland Bailey appeals his conviction by a jury of possession with intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. 841(a)(1), 841(b)(1)(B)(ii). He contends the district court erred in denying his motion to suppress the drugs seized from his car, because the police had observed no criminal activity on his part and no crime had been reported, and thus neither probable cause nor articulable...

IN RE SEALED CASE (BOWLES), 624 F.3d 482 (2010)

ROGERS, Circuit Judge: In Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360 , 168 L.Ed.2d 96 (2007), the Supreme Court held that 28 U.S.C. 2107, 1 as carried into practice by Appellate Rule 4(a)(6), 2 is jurisdictional and that courts lack power to create equitable exceptions. The question presented in this appeal is whether Federal Rule of Civil Procedure 60(b) remains available to circumvent the 180-day deadline in the appellate rule for reopening the time to file an appeal. Appellant...

U.S. v. BERRY, 618 F.3d 13 (2010)

GRIFFITH, Circuit Judge: Steven Berry is serving a 168-month prison term for possession with intent to distribute crack cocaine. He appeals the district court's denial of his motion for a sentence reduction under 18 U.S.C. 3582(c)(2) (2006). For the reasons set forth below, we affirm. I. A. The United States Sentencing Commission is charged with promulgating guidelines to assist district courts in imposing sentences. See 28 U.S.C. 994(a)(1). To that end, the Commission publishes the...

U.S. v. TEPPER, 616 F.3d 583 (2010)

GARLAND, Circuit Judge: In 1993, Ernest Tepper pled guilty to possessing with intent to distribute 50 grams or more of crack cocaine and was sentenced as a career offender to 262 months' imprisonment. In 2007 and 2008, the Sentencing Commission amended the sentencing guidelines that generate offense levels for crimes involving crack, but did not amend the provisions relating to career offenders. Tepper seeks a sentencing reduction pursuant to 18 U.S.C. 3582(c)(2), which authorizes a...

U.S. v. PROJECT ON GOVERNMENT OVERSIGHT, 616 F.3d 544 (2010)

GARLAND, Circuit Judge: A non-profit organization gave an Interior Department economist a monetary award for his "public-spirited work [to prevent] oil companies[ ]" from underpaying the Mineral Management Service for oil extracted from federal lands. The government responded by charging both the organization and the economist with violating 18 U.S.C. 209(a), which prohibits giving or receiving any contribution to or supplementation of salary "as compensation for [an individual's] services...

THEODORE ROOSEVELT CONSERVATION v. SALAZAR, 616 F.3d 497 (2010)

SENTELLE, Chief Judge: In March 2007, the Bureau of Land Management (BLM or Bureau), an agency within the Department of the Interior, released a Record of Decision that established the Atlantic Rim Natural Gas Field Development Project (Atlantic Rim Project). The project was designed to manage the resources of more than 270,000 acres of publicly and privately owned land in south-central Wyoming. Shortly after issuing the Record of Decision, the Bureau began authorizing specific applications...

SACRAMENTO MUN. UTILITY DIST. v. F.E.R.C., 616 F.3d 520 (2010)

PER CURIAM: Following the California energy crisis of 2000-01, the California Independent System Operator (California ISO or the ISO) began the process of redesigning California's electricity market. The Federal Energy Regulatory Commission (FERC or the Commission) issued a series of orders providing guidance on California ISO's proposals. Ultimately, in four orders issued between 2006 and 2008, the Commission approved the ISO's new market design, rejecting the numerous objections lodged by at...

OKEREH v. MABUS, 625 F.3d 21 (2010)

PER CURIAM. JUDGMENT This appeal from a judgment of the United States District Court for the District of Columbia was presented to the court, and briefed and argued by counsel. The court has afforded the issues full consideration and has determined that they do not warrant a published opinion. See D.C. CIR. R. 36(d). It is ORDERED and ADJUDGED that the judgment of the district court be reversed and the case remanded. The district court granted summary judgment in favor of the appellee...

Colorado Interstate Gas Co. v. FERC, 19-5061 (2010)

599 F.3d 698 (2010) COLORADO INTERSTATE GAS COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. No. 08-1243. United States Court of Appeals, District of Columbia Circuit. Argued October 5, 2009. Decided March 26, 2010. *699 Howard L. Nelson argued the cause for petitioner. With him on the briefs was Kenneth M. Minesinger. Stephanie D. Neal entered an appearance. Robert M. Kennedy, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on...

United States v. Davis, 19-1252 (2010)

596 F.3d 852 (2010) UNITED STATES of America, Appellee v. Terry DAVIS, Appellant. No. 07-3100. United States Court of Appeals, District of Columbia Circuit. Argued December 4, 2009. Decided February 26, 2010. *853 Tony Axam Jr., Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer, Federal Public Defender. Katherine M. Kelly, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Roy W. McLeese III, Elizabeth...

United States v. Russell, 19-1196 (2010)

600 F.3d 631 (2010) UNITED STATES of America, Appellee v. Mark Wayne RUSSELL, Appellant. No. 08-3120. United States Court of Appeals, District of Columbia Circuit. Argued January 12, 2010. Decided April 2, 2010. *632 Tony Axam Jr., Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer, Federal Public Defender. Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance. Peter S. Smith, Assistant U.S. Attorney, argued the cause for...