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   Federal Courts - 10th Circuit Court of Appeals - January 29, 2007

  
Heffington v. Sedgwick County Dist. Court, No. 05-3372, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 29, 2007, Filed
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Overview: Timely notice of appeal was not filed and no intervening motion extended the filing deadline; thus, the court lacked jurisdiction over an appeal of a judgment of dismissal. Construing a pro se notice of appeal liberally, the court had jurisdiction to consider an appeal from the denial of a Fed. R. Civ. P. 60(b) motion but denied it on the merits.

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Jernigan v. Franklin, No. 06-5180, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 29, 2007, Filed
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Serva-Lozano v. Gonzales, No. 05-9607, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 29, 2007, Filed
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Overview: Given the definitions of battery with intent to commit a serious felony in Idaho Code Ann. § 18-911, and battery in Idaho Code Ann. § 18-903, it was apparent that battery with intent to commit a serious felony, punishable as a felony offense under Idaho law, qualified as a "crime of violence" and therefore as an "aggravated felony" under the INA.

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Turley v. Estep, No. 06-1341, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 29, 2007, Filed
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Overview: Appeal from dismissal of inmate's 28 U.S.C.S. § 2254 petition was dismissed for lack of jurisdiction because the petition attacked validity of a 1976 Colorado conviction. Since the sentence he received for that conviction had expired, the inmate was no longer in custody pursuant to judgment of a state court, as required by 28 U.S.C.S. § 2254(a).

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United States v. Balderama-Mendez, No. 06-2248, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 29, 2007, Filed
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Overview: Counsel's motion to withdraw was granted where after considering counsel's Anders brief, the court found that no non-frivolous grounds for appeal existed since defendant's plea was knowing and voluntary, there were no errors in the calculation of his sentence, and defendant's lower-end guidelines sentence was presumptively reasonable.

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United States v. Esquivel, No. 05-4318, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 29, 2007, Filed
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Overview: District court did not err when it denied defendant's request for a minor participant reduction under U.S.S.G. § 3B1.2 because defendant failed to show that he was a minor participant where his self-serving testimony that he was a small cog in a large drug conspiracy was insufficient to meet his burden of establishing entitlement to a reduction.

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United States v. Jackman, No. 06-4067, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 29, 2007, Filed
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Overview: Denial of motion to suppress statements allegedly made in violation of Miranda rights was affirmed because defendant appeared alert and articulate during questioning, answered questions readily, and had been arrested on numerous occasions and was convicted of felony charges when represented by legal counsel, making him familiar with the process.

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United States v. Rodriguez-Reyes, No. 06-2043, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 29, 2007, Filed
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Overview: There was no error in denying a motion to suppress evidence; based on the facts and a border patrol agent's knowledge and experience, the agent had reasonable articulable suspicion to stop defendant's vehicle which was in an area where vehicles entered the U.S. illegally, and the vehicle had recently been off-road and appeared heavily loaded.

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