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| Boswell v. Colloid Envtl. Techs. Co., No. 06-8043,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 6, 2007, Filed
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Overview: Summary judgment was granted against a Nevada truck driver on his claims of negligence and premises liability in a diversity suit because, applying Wyoming law, the owner of a Wyoming plant where the truck driver was injured while covering his truck did not control how truck driver covered his load, and therefore, did not owe him a duty of care.
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| Brown v. Warden, No. 06-3154,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 6, 2007, Filed
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Overview: A prisoner's appeal from the denial of his petition for a writ of habeas corpus ad testificandum, pursuant to 28 U.S.C.S. §§ 1651 and 2241, was dismissed as moot since a termination of parental rights hearing that he sought to attend had already taken place and he could not have benefitted from a favorable ruling.
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| Bundy v. Chaves County Bd. of Comm'rs, No. 06-2154,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 6, 2007, Filed
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Overview: Grant of summary judgment in favor of a county board on an employee's ADA failure-to-accommodate claim was affirmed because the employee never responded to the repeated requests for documentation concerning his return to work and because the board lacked authority to reassign him to the position of dispatcher as he demanded.
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| Prairie Band Potawatomi Nation v. Wagnon, No. 03-3322,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 6, 2007, Filed
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Overview: State officials were not entitled to sovereign immunity under the Eleventh Amendment because they fell within the Ex parte Young exception since although they were not specifically empowered to ensure compliance with the state motor vehicle registration and titling statutes, they clearly assisted in giving effect to the law.
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| Santana v. Cherokee Casino, No. 06-5210,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 6, 2007, Filed
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Overview: Dismissal of gambling addict's suit under the Indian Gaming Regulatory Act (IGRA), 25 U.S.C.S. § 2701, was affirmed because district court lacked subject matter jurisdiction. The IGRA did not contain private right of action in favor of individual, there was no diversity of parties, and complaint did not allege the requisite amount in controversy.
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| United States v. Amos, No. 06-8027,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 6, 2007, Filed
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Overview: Defendant's appeal was dismissed because it was frivolous. His plea of guilty to violating 21 U.S.C.S. §§ 841(a)(1) and 846 was in accordance with Fed. R. Crim. P. 11, and departure under USSG § 5K2.13 was inappropriate because defendant's significantly reduced mental capacity apparently was caused by voluntary use of drugs or other intoxicants.
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| United States v. Howard, No. 05-3428,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 6, 2007, Filed
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Overview: Defendant had not provided the government all information and evidence he had concerning the drugs found in the house under 18 U.S.C.S. § 3553 and thus, he was not eligible for a safety valve reduction under USSG § 5C1.2(a).
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| United States v. Wilfong, No. 05-6404,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 6, 2007, Filed
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Overview: Defendant's 84-month sentence for violations of 18 U.S.C.S. §§ 371 and 1028A(a)(1) did not violate his Sixth Amendment rights because USSG § 2B1.1, cmt., application n. 3(A), directed application of the greater of actual loss or intended loss in determining defendant's base offense level, and the district court was not bound by the jury's findings.
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| Wilkerson v. Jones, No. 06-6265,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 6, 2007, Filed
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Overview: A state prisoner was denied a COA to challenge the denial of his § 2254 habeas petition because he procedurally defaulted two of his claims and he could not overcome the default, and because he was unable to show that the district court's analysis in rejecting his remaining claims was debatable.
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