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| Davis v. Simmons, No. 05-3233,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2006, Filed
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Overview: A prisoner's Fed. R. Civ. P. 60(b)(6) motion for relief from a judgment, which dismissed his § 1983 action against prison officials for failure to exhaust administrative remedies as PLRA required, was denied because his arguments that he did exhaust his remedies had been addressed and rejected previously by the district and appellate courts.
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| Evans v. Intel Corp., No. 04-2302,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2006, Filed
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Overview: Where an employee quit over concerns about the employer's emissions and several unpleasant events, the district court properly granted the employer judgment as a matter of law under Fed. R. Civ. P. 50 in the employee's wrongful termination action because the employee's concerns were not enough to convert a resignation into a constructive discharge.
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| Gamble v. Evans, No. 05-6283,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2006, Filed
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Overview: A request for a certificate of appealability pursuant to 28 U.S.C.S. § 2253 to challenge the denial of a 28 U.S.C.S. § 2241 habeas petition was denied because due process was not implicated since an inmate had no liberty interest in good time credits that were revoked where he was serving a life sentence.
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| MidAmerica Constr. Mgmt. v. Mastec N. Am., Inc., No. 04-6231,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2006, Filed
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Overview: Where a Subcontract Agreement contained a "pay-if-paid" clause, and that clause was enforceable under both Texas and New Mexico law, the general contractors did not need to pay the subcontractor for the work that the subcontractor performed because the general contracts had not been paid by the project owner for that work.
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| Smith v. Beck, No. 04-7102,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2006, Filed
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Overview: Where a prisoner alleged that prison officials violated his Eighth Amendment rights by allowing him to be attacked by a prison gang, he failed to exhaust administrative remedies under 42 U.S.C.S. § 1997e(a) because, inter alia, his requests did not complain about the officials' alleged complicity.
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| United States v. Phillips, No. 04-6371,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2006, Filed
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Overview: Where the district court used facts to increase a defendant's sentence beyond the maximum sentence that would have been imposed on the basis of the facts admitted by the defendant in his guilty plea, the constitutional Booker error was harmless because the district court also imposed an identical non-mandatory Guidelines sentence.
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| United States v. Robinson, No. 05-5032,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2006, Filed
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Overview: Appeal of the calculation of defendant's offense level and criminal history was dismissed because it was within the scope of a voluntary waiver in a plea agreement of the right to appeal a sentence within the guidelines range and enforcement did not result in a miscarriage of justice given that the sentence did not exceed the statutory maximum.
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| United States v. Tapia-Carrasco, No. 05-1327,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2006, Filed
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Overview: The imposition of a sentence in the middle of the guidelines range rather than the low end was not error because the district court's consideration of the fact that defendant brought his family, including young grandchildren, to the scene of a drug transaction was appropriate under 18 U.S.C.S. § 3553.
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| United States v. Warren, No. 05-5068,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2006, Filed
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Overview: Defendant's prior convictions for burglary and escape were properly deemed predicate offenses under the Armed Career Criminal Act because the district court, after reviewing the charging documents, found that the burglary involved all of the elements of the generic offense and because escape always constituted a crime of violence.
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