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| Boyd v. Simmons, No. 05-3083,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 30, 2006, Filed
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Overview: Prisoner was denied a COA from the dismissal of an untimely habeas petition because reasonable jurists would have agreed that his attempt during the limitations period to pursue legal claims, through requests for legal advice and materials, was not diligence that rose to the level of exceptional circumstances warranting equitable tolling of AEDPA.
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| Furaus v. Citadel Communs. Corp., No. 03-2146,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 30, 2006, Filed
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Overview: Grant of summary judgment to an employer on gender discrimination claims under the New Mexico Human Rights Act, N.M. Stat. Ann. § 28-1-13(A), and Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., was affirmed as the employer gave legitimate reasons for its conduct and the employee did not show that the reasons were pretextual.
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| United States v. Cornelio-Pena, No. 04-3478,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 30, 2006, Filed
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Overview: Defendant's sentencing enhancement was affirmed as solicitation to commit burglary of a dwelling was a crime of violence under U.S. Sentencing Guidelines Manual § 2L1.2. Further, the district court's imposition of an alternative sentence, in which it considered 18 U.S.C.S. § 3553(a) factors, rendered its nonconstitutional Booker error harmless.
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| United States v. Westover, No. 03-3287,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 30, 2006, Filed
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Overview: Although a district judge in violation of the Sixth Amendment imposed a sentence which exceeded that supported by the facts the jury found or the defendant admitted, on plain error review, a circuit court affirmed the sentence as the sentencing error did not seriously affect the fairness, integrity, or public reputation of the judicial proceeding.
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| Wright v. City of St. Francis, No. 05-3191,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 30, 2006, Filed
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Overview: Verdict in favor of a city and police officials in homeowners civil rights suit was affirmed because the trial court did not err in excluding testimony that pertained only to a collateral issue and would have confused the jury, and the homeowners did not show any act or speech by the district judge indicating bias or the appearance of impropriety.
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