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| United States v. Durst, No. 06-1392,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 24, 2007, Filed
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Overview: A district court timely dismissed a defendant's § 2255 motion as untimely. Moreover, defendant's reliance on two cases for his claim that the statute under which he was convicted was unconstitutional was misplaced as both cases were vacated by the U.S. Supreme Court and neither was binding in the Tenth Circuit.
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| United States v. Gay, No. 05-6103,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 24, 2007, Filed
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Overview: A prisoner's appeal from the denial of motions to reconsider, pursuant to Fed. R. Civ. P. 60(b), was dismissed for lack of jurisdiction; the appeal from his first motion was untimely and the appeal from his second motion was moot.
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| United States v. Richardson, No. 05-5164,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 24, 2007, Filed
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Overview: Even accepting as not erroneous a district judge's finding that there was no lane change when branching off to a toll plaza to pay a cash toll, and the driver had not violated Okla. Stat. tit. 47, § 11-309, the court was bound by a prior holding that the exit required a signal, and thus the initial stop which led to drug charges was lawful.
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| United States v. Rojas, No. 05-1392,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 24, 2007, Filed
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Overview: Neither of defendant's contention on appeal had merit; a finding connecting him to 142 grams of methamphetamine found in his house was permissible, and the sentencing court had not found that the drug was pure, and instead found that the drug was 64% pure, and 64% of the 221.9 grams that were found was 142 grams.
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