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| Lister v. Utah State Tax Comm'n, No. 05-4149,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 9, 2006, Filed
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Overview: A taxpayer's action against a state tax commission, which determined that the taxpayer was a resident of the state, was properly dismissed pursuant to the Tax Injunction Act, 28 U.S.C.S. § 1341, because the suit challenged the state's taxation procedures, and the state courts provided the taxpayer with a plain, speedy, and efficient remedy.
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| Roska v. Sneddon, No. 04-4086,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 9, 2006, Filed
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Overview: Defendants were not entitled to qualified immunity for actions in removing child from home despite fact that statute upon which they relied was constitutional; defendants failed to comply with the statute by providing preventative services to the family and provided no evidence that the family would reject such services if they had been offered.
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| United States v. Davis, No. 05-5013,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 9, 2006, Filed
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Overview: Defendant's 360 month sentence was reasonable where the court properly designated him as a career offender under U.S.S.G. § 4B1.1 since he was over 18 years old at the time of the armed robbery, attempted armed robbery was a "crime of violence", and defendant's prior convictions constituted "crimes of violence" under U.S.S.G. § 4B1.2(1)(a) and (b).
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| United States v. Najera, No. 04-3240,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 9, 2006, Filed
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Overview: Because defendant's arrest at the scene of a controlled drug delivery was supported by probable cause, the search incident to his arrest was proper. Defendant waived any Booker claim based on the language of an appeal waiver containing language identical to that in United States v. Maldonado where the court dismissed the Booker claim.
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