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   Federal Courts - 10th Circuit Court of Appeals - February 8, 2007

  
Le Williamson v. Deluxe Fin. Servs., No. 05-3312, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2007, Filed
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Overview: Appeal was dismissed for lack of jurisdiction where the employee's generic submission by e-mail was not the same as "filing" for purposes of Fed. R. App. P. 4 since to be "filed" within the meaning of Fed. R. App. P. 4, the document had to be submitted to the clerk's office by an approved manner.

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Pratt v. Sirmons, No. 06-6351, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2007, Filed
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Pursley v. Estep, No. 06-1496, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2007, Filed
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Overview: Court saw no reason to depart from the judgment of the district court that petitioner's motions for appointment of counsel did not state adequate factual or legal grounds for relief, as required for tolling under Colo. R. Crim. P. 35(c)(3)(iv), and thus, because the statute of limitations was not tolled, his § 2254 petition was untimely.

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Tucker v. Wiley, No. 06-1415, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2007, Filed
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Overview: Because a prisoner was granted all of the due process protections that he was due--the record showed that the "some evidence" standard was more than adequately met--in his disciplinary hearing for setting fire to his cell, his § 2241 petition was denied and his appeal was dismissed.

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United States v. Hernandez-De Jesus, No. 06-2128, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2007, filed
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Overview: Because the court agreed with defense counsel, after a full examination of the record before it and consideration of counsel's Anders brief, that there were no nonfrivolous issues upon which to appeal, the appeal was dismissed and counsel was allowed to withdraw.

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United States v. Leon, No. 06-3195, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2007, Filed
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Overview: Because defendant's plea agreement fully set forth a broad waiver that he knowingly and voluntarily waived any right to appeal, he confirmed the same at the plea hearing, and his claim that he was mentally incompetent at the time of the hearing was contradicted by psychiatric evaluations, his waiver was enforced and his appeal dismissed.

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United States v. Moctezuma-Salinas, No. 06-4166, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2007, Filed
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Overview: Because a district court's finding that a waiver in defendant's plea agreement was valid and enforceable as to the claims raised in his § 2255 motion, because he did not challenge the validity of the agreement, was not reasonably subject to debate, defendant was not entitled to a COA.

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United States v. Singleton, No. 06-2127, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 8, 2007, Filed
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Overview: Because the retroactivity of Booker and Blakely was not debatable among reasonable jurists, defendant's arguments could not support a COA to challenge the denial of his 28 U.S.C.S. § 2255 motion; moreover, defendant's motion was untimely.

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