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   Federal Courts - 10th Circuit Court of Appeals - January 25, 2006

  
Byrd v. Cornell Corr. Inc., No. 05-6289, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 25, 2006, Filed
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Robbins v. Chronister, No. 02-3115, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 25, 2006, Filed
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Overview: The plain statutory language of the PLRA limited the award of attorney fees to $ 1.50, and there was nothing absurd about applying the restriction on attorney-fee awards to prisoner civil-rights claims that arose before incarceration as well as to such claims that arose during incarceration.

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United States v. Gilbert, No. 04-3419, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 25, 2006, Filed
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Overview: Plea agreement clearly indicated that relevant conduct not mentioned in the agreement itself could have been taken into account for sentencing purposes. The agreement thus could not have been understood to contain the promise that defendant alleged, and there was therefore no basis for concluding that the government breached the agreement.

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United States v. Loy, No. 04-3444, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 25, 2006, Filed
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Overview: District court properly denied defendant's motion to withdraw his guilty plea because defendant's stubborn failure to hire an attorney constituted a knowing and intelligent waiver of the right to assistance of counsel under the Sixth Amendment.

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Webb v. Communs., LLC, No. 05-1051, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 25, 2006, Filed
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Overview: Summary judgment to the employer on the employee's discrimination and retaliation claims under the ADEA was affirmed where the employer set forth a legitimate, non-retaliatory reason for its decision to terminate him, a RIF, and the employee failed to present evidence that the employer's reason was a pretext for discrimination or retaliation.

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