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   Federal Courts - 10th Circuit Court of Appeals - February 1, 2006

  
Gardner v. Janecka, No. 05-2225, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 1, 2006, Filed
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Marioni v. Ortiz, No. 05-1252, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 1, 2006, Filed
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Overview: A certificate of appealability pursuant to 28 U.S.C.S. § 2253(c)(2) to challenge the dismissal of a § 28 U.S.C.S. § 2254 petition as untimely under 28 U.S.C.S. § 2244(d) was denied because jurists of reason would not have found the district court's dismissal of the petition debatable.

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Mullens v. Barnhart, No. 04-7132, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 1, 2006, Filed
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Overview: In light of the vocational expert's testimony regarding the availability of sedentary jobs that required no stooping, the court held the Commissioner's factual findings were supported by substantial evidence in the record. Therefore, the denial of the claimant's application for Social Security Disability Benefits was proper.

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Purkey v. Green, No. 05-3126, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 1, 2006, Filed
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Overview: The appellate court reviewed the district court's summary judgment order in light of the inmate's arguments that the district court erred in considering his civil rights claims and found no reversible error.

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Sherrill v. Rios, No. 05-1432, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 1, 2006, Filed
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Overview: Court of appeals found that BOP had broad discretion to determine if prisoners should be transferred, and it rejected inmate's claim that the BOP acted arbitrarily, in violation of 5 U.S.C.S. § 706(2)(A), when it denied his request for transfer and affirmed the district court's order dismissing an action the inmate filed under 28 U.S.C.S. § 2241.

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Trujillo v. Large, No. 05-2081, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 1, 2006, Filed
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Overview: Where an injured party asserted a § 1983 excessive force claim based upon a scalp injury sustained during the execution of a search warrant, the district court correctly gave a qualified-immunity jury instruction because the jury could have found that the officer's actions were objectively reasonable.

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United States v. McCalister, No. 04-5034, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 1, 2006, Filed
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Overview: Because Blakely did not apply retroactively to defendant's case, and because defense counsel's failure to raise the Apprendi and Pace claims in a timely manner did not prejudice defendant in light of the overwhelming evidence in the record supporting the sentence imposed, the district court's decision to deny defendant § 2255 relief was affirmed.

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United States v. Orr, No. 05-3185, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 1, 2006, Filed
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Overview: A certificate of appealability under 28 U.S.C.S. § 2253(c)(1)(B) to challenge the denial of a 28 U.S.C.S. § 2255 motion was denied because an erroneous sentence estimation did not constitute ineffective assistance of counsel, and an inmate's erroneous expectation, based on an attorney's erroneous estimate, did not render a plea involuntary.

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United States v. Parris, No. 05-7098, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 1, 2006, Filed
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White v. Hendrix, No. 05-3407, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 1, 2006, Filed
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Overview: Court of appeals affirmed district court's judgment that prosecutors had immunity from suit in an action a state inmate filed under 42 U.S.C.S. § 1983, alleging that one prosecutor filed drug charges against him even though she knew the evidence against him was false, and that another prosecutor failed to investigate the first prosecutor's conduct.

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